California Prisons

Since I arrived here in Salinas Valley State Prison (SVSP), I have personally observed officers oppress prisoners. One prisoner who is disabled was jumped on by these officers, and these officers falsified reports to cover up their use of unnecessary force. Well, he filed 602 (grievance) after 602 on these officers, and he has not allowed the tricks and oppressive tactics to stop him. They placed him in the hole and he managed to get out in 3 days. And now these same officers realize that he is not going to stop, and have turned to getting at other prisoners to get him off the yard, all because of his 602 filing and the direction he is taking against them.

Other prisoners have mentioned how this person always has the officers around him, as to feed into the officers agenda, but that’s just not true. This prisoner would be minding his own business, and they start provoking him, so he turns around and uses law back at them. One time officers told him he was a “rat for 602ing all the officers,” and he told the officers he would 602 them if they violate him. They responded that they are not afraid of the 602, but when he asked them if they are afraid of “the grand jury” they changed their tune, and demeanor.

I have never seen anyone who was not afraid of the officers, despite what they have already done to him. The amazing thing is he stays to himself and is laid back and shares law with others. I never once seen him involved in any altercations, verbal or physical, with other prisoners. Some officers don’t want to even touch him during searches, and I overheard one say this is because he loves his money and job.

This is inspiring to me, because I have watched the officers throw everything at this prisoner and he is still not dissuaded. And now the divide and conquer tactic of paying another prisoner to take care of their problem is what they have resorted to.

I hope MIM(Prisons) is able to convey what I am saying, because I see the teaching from the United Front for Peace in Prisons statement of principles in his walk, and just some of the fruits of these principles that he is reaping, too. I know the officers hate him because I personally hear them talking bad about him.

MIM(Prisons) adds: This is a great portrait of a prisoner fighting his own battles in prison and through this fight inspiring others. He exemplifies the Peace principle of the UFPP: “We organize to end the needless conflicts and violence within the U.$. prison environment. The oppressors use divide and conquer strategies so that we fight each other instead of them. We will stand together and defend ourselves from oppression.” Drawing the hatred of the prison officers is a good sign of success, though of course we always want to minimize the suffering of our comrades and help them gain as much room to organize and survive behind bars as possible.

Grade A to the East Block from S.W.A.C.
Struggling with all my might
No official record of a 10 30
Nobody has flown a kite

I’m back in the SHU II D.R.
I’m talkin bout CDCR noise
Back in the SHU II D.R.

Been away so long they hardly knew my face
No parade or welcome home
Bought a good guitar could not afford clear-case
T.V. coming on state loan

[Chorus 2:]
I’m back in the SHU II D.R.
No sun on the out alone yard, boyz
Not in the SHU II
I’m in the SHU too
Back in the SHU II D.R.

[Verse 3]
Now the Ukraine psych doctor Anderchuck
She brings me peace of mind
No psycho pills make me scream and shout
But Jasmine’s always on my mi mi mi mi mi mi mind [so it’s on!]

[Solo/riff, repeat chorus 2 (lines 1, 2, 5) verse 3]

Yo California shut the SHU down north and south
U$A from east to west
You just gave them property that I’m allowed
No guitar but all the rest

Just like in the SHU II D.R.
Can’t settle for C.D.C.R. ploys
Back in the SHU II D.R.

I’ve been relocated to Ad-Seg which is, of course, the hole. Life in here is as bad as it’s ever been. It’s been a while since last I was in Ad-Seg and the sad reality is that not too much has changed. A lot has gotten worse. We’re kept in our cells for twenty four hours a day. We’re given “yard,” that is in 10 feet by 10 feet cages which are known as dog kennels, every third day for two hours. It fluctuates but that’s pretty much the program. We’re given showers every third day as well.

The worst part about being locked in confinement is the overwhelming oppression. The lack of sunlight and movement really does a number on one’s mental state. Which is why they monitor us so closely here. We’re counted every half hour and they have a crew of psych doctors constantly making circuits around the tiers. From what I understand the suicide rate is pretty high here. So they keep a close eye on us. I’ve been locked up back here since early May and I’ll be here until later this month (June) or early next month. The sad part is that even though I’ll be getting out there are a lot of brothers back here who won’t be getting released for a long time. A lot of them are youngsters too.

It makes me feel so bad seeing all of these good young brothers in here sacrificing themselves for no reason. The LO violence here at Calipatria is back in full swing. There was a riot recently between the Mexican/Chicanos and the Blacks. The foolishness here in Cali continues. It’s time we wake up and get our shit together and stop fighting against each other and start working with each other. Only then can we make progress. The sad truth in Cali is that racial divisions are deeply embedded in us. It’s been this way since the eighties and who knows when we’ll overcome it. But overcome it we must. So I call on all those LOs with any influence to reexamine the big picture. We are all in the same boat and it’s in all our best interest to unite. As the saying goes united we stand divided we fall.

MIM(Prisons) adds: This comrade reminds us why we have a campaign to shut down prison control units. Short term isolation is enough to dramatically harm people’s mental and physical health, and in the United $tates prison system many prisoners are locked up for years in isolation units like this prisoner’s describes. The call for unity is well placed as we agree with this comrade that oppressed groups coming together is the best chance to fight against the oppressor. This principle of unity is particularly important to the United Front for Peace in Prisons. We encourage all our readers to organize for unity and peace for the September 9 solidarity demonstration this year, when our peaceful unity and protest can be a starting point for future united actions and peace agreements among organizations and individuals.

“It shows that circumstances make men just as much as men make circumstances.” - Karl Marx in the German ideology

Can we say that a new phenomenon is brewing behind these walls? We can all see the new level of political consciousness in California prisons, where prisoners are resisting the repressive policies of the California Department of Corrections and Rehabilitation (CDCR) in a more collective manner. Change has been slow, but progress is evident. The root of this is us prisoners with a little political and legal education to enlighten others and at the same time inspire others to participate in progressive action.

The California hunger strikes weren’t spontaneous demonstrations against injust human rights violations in the Security Housing Units (SHUs), but rather carefully laid out plans to get outside attention and assistance. It was years of suppression that brought a few together to gather many in a common purpose that serves all of our interests. Some men are mentally broken while others carry on in these SHU conditions.

This is but a simple dialectic; or two sides of a contradiction forming a unity. On one hand we have those who deteriorate under these conditions and seek any way out, while on the other hand we have those prisoners who adapt and at the same time find ways to better themselves by educating themselves in law, reading good books, or picking up hobbies to keep themselves occupied. It is through these individuals who know the conditions in the SHU who are capable of creating campaigns for abolishing its policies, especially the gang validation policies that so many prisoners fall victim to.

Exposure and propaganda play a vital role on our behalf. This is where USW comrades come in, not just as advocates for human rights, but as advocates of an overall anti-imperialist campaign, as everything is connected to the imperialist system. The SHUs within CDCR are an aspect of imperialism, utilized for social control. And the oppressive conditions within are nothing more but to assert more social control behind prisons. It is through current events that this new phenomenon is manifesting a wave of politically conscious prisoners creating new circumstances. More validated prisoners are leaving the SHUs but more are taking their place. It is possible that one day through a collective effort the gang validation will be dismantled entirely and a SHU cap may be part of our future. I think it is.

Three former California governors recently backed a petition for a ballot initiative which would dramatically accelerate the execution of death row prisoners. At the same time we have experienced a more extreme than usual delay in the processing of death row SHUII and III mail. As I will explain, there is an important connection between these events.

The main selling point for the proposed bill is saving loads of money by arranging faster executions of the 747 prisoners currently warehoused on San Quentin’s four death row SHUs and the women all but forgotten in Cowchilla. In addition, death row prisoners would no longer be confined exclusively in the San Quentin and Chowchilla torture units. They would be placed among the general population.

It is noteworthy that the Calincarceration Corrupted Peace Officers Association (California Correctional Peace Officers Association - CCPOA) didn’t give financial support for this bill. Many assume the lackeys, bullies and cowards who comprise that security threat group probably thought it wasn’t in their best interest to all of a sudden meet face to face with the un-cuffed death row prisoners they’ve been torturing their whole career. But the fact of the matter is the higher ups in the CCPOA actually had enough sense to realize no amount of their support could buy enough votes to pass such political double talk into law in this state.

Acting proactively in case the bill passes, the CCPOA at San Quentin decided to mobilize in preparation. By citing wild interpretations of prisoner correspondence to give the public an illusion that the bowels of hell were opened upon them, the prison tried to transfer a large number of formerly grade A and B SHUII and III prisoners to other SHU programs across the state.

They almost had a window of opportunity to “justify” building more control units within existing prisons. But as of today the death row SHU expansion project in San Quentin’s Carson section is stalled.

“Persons other than inmates should address any appeal relating to department policy and regulations to the Director of the Division of Adult Institutions. Appeals relating to a specific facility [like San Quentin or Chowchilla] procedure or practice [like excessive delays in the processing of mail to and from loved ones and prisoners’ rights organizations] should be addressed in writing to the warden…” - California Code of Regulations, Title 15, 3137. Appeals Relating to Mail.

For more info go to: www.cdcr.ca.gov/regulations/adult_operations
See also page 12 of ULK for info on the grievance campaign.

MIM(Prisons) responds: This comrade is correct that the CCPOA has been entirely silent on this new ballot initiative to accelerate death row executions. But we don’t agree with h interpretation that the CCPOA is just standing down because they don’t think it has a chance of passing. Rather we see this position as lining up consistently with the CCPOA’s primary goal: protect the jobs of the many prison workers. Faster executions would reduce the San Quentin prison population, and that would threaten jobs there, so it should not be surprising that the CCPOA is silent on this new ballot initiative. This is a rare case where their interests align with ours, and we can take advantage of the situation to stop passage of this reactionary bill.

Since my arrival at Kern Valley State Prison (KVSP) in July 2013 I’ve had to file numerous 602 appeals just to be able to utilize my two hour a week constitutional right to use the prison law library. At KVSP they like to run a very oppressive program, or I should say lack of program, and keep everybody on lockdown 24 hours a day, even on the general population and non-discipline yards. This was done all under the guise of “safety & security.” Their stratagem is that we can’t file any complaints on them if we don’t have access to legal forms.

For the more creative prisoners, we’ve been able to bypass their little games and still file 602s and habeas corpus writs in our attempts to inform the outside world of the illegal practices here at the prison.

One of our writs must have struck a nerve because on 10 April at 4am, the prison’s “Institutional Gang Investigators” AKA the goon squad, raided our building in full riot gear, and confiscated everyone’s paperwork (books, family/legal letters, and writing materials) all in the name of “safety & security.” It has been over two weeks now and the warden has given no word on exactly when we will be given access to our legal/personal documents.

Even though the majority of us have already bypassed their little blockade and have filed writs or found ways of informing our lawyers and family on the outside, these things take time. So here we sit on lockdown, with very limited access to the courts and family, awaiting relief or a full blown revolution to kick off. And although it is my personal belief that the latter will happen at some point, I also feel that it’s going to take a whole lot more hard work in order to open up the eyes and ears of our fellow brothers and sisters around the world, before we all as a whole, can shout “stop!” and really have the means to add weight to our words.

Until then keep up the faith and hard work. Stay strong! This current system is at the breaking point. There is light at the end of the tunnel!

MIM(Prisons) adds: We agree with this comrade that we have a lot of work to do to educate our brothers and sisters before we are ready to kick off the revolution. In the meantime we need to do what s/he is doing: the day to day work of exposing the abuse and brutality of the imperialist system and organizing others. We all have a responsibility to educate others however we can, whether that’s by writing articles for ULK, talking to others on our block or yard, organizing a study group, teaching someone to read, or whatever else you can do to use your skills and talents to advance the struggle. Don’t just sit back and read about it, get involved!

Although the law says we can aid others (illiterate or unskilled) on appeals and legal work, we can no longer legally pass papers “cell to cell,” so now we can only help others verbally. (Thanks to Assistant Warden Robertson).

In addition, the 2011 CDCR rules limit all grievance appeals to one single issue appeal per 14 days. If we “Abuse” this abuse of our 1st amendment right to file grievances on the government, it is cut to one per 30 days. When I got here (in 1983) it was 2 appeals per week (104/year). Then cut to 1 per week (52/year), then 1/2 per week and 1/30 days if you exercise your 1st amendment rights. I’m on my second year of the limit to 1 per 30 days because of my work exercising my legal rights.

I’m fighting this under 42 USC 1983. “Judge” Rogers keeps stalling but I got her sleazy and false dismissal reversed.

UPDATE February 2016: This case has entered court as Clark v. Jeffrey Beard CV-11-03520. The comrade fighting this has reported that Judge Rogers has thrown out all testimony from M.L. Davis (Appeal boss of San Quentin) on 4 perjuries and 1 faked document, Davis has since retired to keep his pension rather than be fired.

MIM(Prisons) adds: This limit on grievance appeals is a blatant example of the Amerikan criminal injustice system restricting prisoner’s legal rights. Grievances are one of the only opportunities for prisoners to fight abuse and illegal policies and restrictions. Often these grievances are ignored or “lost”. Because of these practices, and restrictions like the ones described here, United Struggle from Within initiated the grievance campaign, first in California and now in ten states across the country, with petitions for these states that prisoner’s can use to demand our grievances be addressed. Write to us for a copy of the petition for your state, or to help create one if you do not live in a state where this has already been done.

Like in past years, I will begin to plan a few months ahead of time for the revolutionary festival of September 9. This day is a special one which marks the day when the United Front for Peace in Prisons was given its first concrete example in these dungeons. I attempt to have educational study materials available on this day, which usually includes poetry, short stories or articles, and of course some art if possible.

In the past I helped read articles and poetry on the tier which reflected on prisons and what it means to be prisoners. So many times people forget that what we experience is unbridled oppression and instead think that we somehow brought it upon ourselves. This backwards thinking only helps to solidify our own mental captivity! This day helps to refocus our attention of who we are as people and what is the path forward for the next year in our struggle for humyn rights in these dungeons.

I have heard different ways of observing this day, from having an open line on the tier where folks get a certain “air time” to share their ideas on what they feel will move the humyn rights struggle forward. Others talk about creating conscious rap to be performed on the tier. The main thing I hear is folks being ready to promote peace in prison. It is a time to help to heal the people outside of state influence.

MIM(Prisons) adds: September 9 will be the third annual United Front for Peace in Prisons solidarity demonstration. This demonstration coincides with the anniversary of the Attica uprising. On this day prisoners should create ways to work towards greater peace among the prison population. We will cease all prisoner-on-prisoner hostilities regardless of set, race, custody, gender, religion or other division. Some will fast, engage in solidarity organizing, and carry out educational work. Start planning now for your September 9 solidarity day.

It seems that change in our society is only brought about by those of our populace who are considered to be radicals, so this piece is written for those radicals who are compassionate enough to care and who will take the necessary efforts to make a lasting difference for those of us who are held and tortured in Security Housing Units (SHUs), which are specifically dedicated for those prisoners who are supposed to be under the care of an institution’s mental health system. These american gulags are also known as “Psychiatric Services Units” (PSUs).

These specially dedicated SHUs are rarely, if ever, visited by outside prisoner rights organizations, to my knowledge; and the prisoners housed therein are simply forgotten. These prisoners have no representatives and no means to voice their concerns and so the atrocities accumulate unchecked.

Aggressive and sadistic prison guards have been known to pepper spray an individual until they cannot breathe due to the accumulation of micronized capsicum (pepper essence) absorbed into their lungs after the guard empties onto the individual several canisters of the corrosive irritant chemical weapon. This is not third party hearsay, I know of it personally, for it has happened to me. Of course nothing is done about it when you have the foxes guarding the henhouse.

Think a prisoner can obtain justice through the prison’s administrative grievance systems? You had better think about it again, no way. And the courts, including the federal courts, will not entertain themselves of the issues of complaint where the completion of the administrative appeals process has been denied by a corrupt prison administration; it has been made law, a statutory prerequisite otherwise known in litigation circles as a “procedural bar.” It creates gross injustice and perpetrates unchecked human abuse which is tolerated by our society, it is a blatant indication of how cruel and vicious we have become as a people.

Even more sinister is the presence of food pantries created within each of the blocks of SHU/PSU units, which are independent from the main kitchens where mainstream prisoners receive their meals. These food pantries are not under the control of licensed food service employees and are in fact totally controlled by the guards assigned to that block. Those prisoners who are targeted by the “system” quite often find themselves physically sickened by the meals they are served, meals which stink with rotten foodstuffs. Milk cartons are served bloated with full-blown contamination.

The milk is a favored vehicle to get an inmate victim to ingest a “knock-out” drug and get raped while he is unconscious. This is a fact; it has happened to me twice. Also milk is utilized in these modernized dungeons as a tool to get unsuspecting targeted prisoner victims to consume psychotropic substances which has the effect of a “truth serum” and is used as an aid in covert interrogation of all prisoners suspected by debriefer informants and snitches. And, for the same purpose targeted prisoners are placed in cells with low pressure or dysfunctional ventilation systems which are used to force irritant gasses, pepper spray or other toxic obnoxious chemical weapons through to be inhaled by the occupant of that particular cell. In addition to the above abuses, the usual torture routine includes the air cooling system on full blast in mid-winter, and the heating system turned full up in mid-summer.

MIM(Prisons) adds: We appreciate the risk that our comrades take to get reports of such horrible abuses to Under Lock & Key. Information like this is important to get out because, as this writer points out, very few people are looking at these prisons or monitoring the treatment there. But Under Lock & Key is more than a tool of exposure, it is a rallying point for activists and leaders to bring together others and work out strategies and tactics in our fight against the criminal injustice system. We should read reports like this one and be outraged. And then we should turn that outrage into action, working to educate others and build support for our fight to put an end to this system of injustice.

I want to give you some updates on some new developments around here. In the last couple of months here in the PBSP SHU we are now being given more privileges. We are now allowed 3 hour visits and the items/property that we may buy and possess was expanded so that we can now have 40 pictures, up from the previous allowed 15 pictures, we can have a bowl and cup, slippers/houseshoes, jalapeños, hot sauce, 2 pairs of sweats and thermals and two appliances, and others have already received a CD player/tape player for the radio. So it just goes to show that there was no reason to deny us such things in the first place.

Also, on 11 February 2014 Assembly Member Tom Ammiano introduced Assembly Bill No. 1652, which if passed and signed into law would limit the time validated inmates would spend in the SHU solely based on validation status to 36 months. It would also allow validated prisoners to earn and receive good time credits again. Write to: Legislative Bill Room, State Capitol, Room B22, Sacramento, CA 95814, and request a copy of the bill, or have someone on the outside go to www.leginfo.ca.gov.

Lastly, a new favorable validation case came out last year: In RE Cabrera, 216 CAL. APP. 4th 1522 C CAL. APP. 5th Dist. 2013. There’s some good news but let’s not get comfortable as we have a long way to go to abolish solitary confinement. Getting Assembly Bill No. 1652 passed would be a big step in the right direction, so get involved in any way you can and spread the word.

MIM(Prisons) adds: We’ve said before that you can’t reform torture. California Assembly Bill No. 1652 would certainly improve individuals’ lives by shortening the length of torture they face. But the state will still be terrorizing prisoners with the threat of 3 years in isolation for talking to people the state doesn’t like or sporting a tattoo they find offensive or being a member of an organization they are opposed to.

The In RE Cabrera on Habeas Corpus case may make it a little harder for the CDCR to torture people for just a tattoo as it requires that one piece of evidence used to label a prisoner a Security Threat Group member must prove a two-way relationship between the prisoner and the group. Still, the process of “validation” using secret evidence remains in place making it hard for SHU prisoners to even know if this case applies to them.

As this comrade says, we still have a long way to go to abolish solitary confinement. But the progress in terms of organizing and building an opposition to this blatant torture and social control shows that the oppressed will not put up with this forever. Once a symbol of the state’s strength over the oppressed, the torture kkkamps across the United $tates are becoming a point of weakness that exposes its oppressive nature while rallying resistance to its repression.