California State Prison, San Quentin - Federal

The Governor of California has decided to rename San Quentin “Prison” to “Rehabilitation Center.” This is just one more appeasement given to the millions of Californians who have suffered the injustice of incarceration. Politics has no more place in the justice system than religion has in government. However, the injustice system remains more political than the legislative branch.

Governor Newsom’s play at “restorative justice,” AKA rehabilitation for “some of the less dangerous criminals,” is as false as his smile. For instance, the old lady that was hypnotized as a child by Manson to commit a murder of someone famous has been granted parole (found suitable for release from prison) no less than 15 times by a board of experts in evaluating that kind of thing (Parole Board). However, Governor Newsom, who is not an expert, has taken it upon himself to deny (veto the Parole Board’s decision) each and every time!

That is only one instance where this two-faced politician has denied parole to people. This makes clear that Newsom’s notion of rehabilitation is purely symbolic. Nothing more than the smile; handshake of Satan himself.

Funny, this morning on the mainstream news, Mike Pence is accusing the Manhattan District Attorney of politicizing the law for charging a former President Trump. Funny, politics in the law? How can a prosecutor have so much power to arrest a former President of the United $tates? Funny because these same rich assholes gave that enormous power to prosecutors and police and judges when it was used to arrest the poor man. But now that it is used to arrest the rich man, it is politics?! Did these rich people really think that if they built a monster that the monster could be controlled? Did they really think that the injustice system would only be applied to hurt and kill poor people?

Pence and Trump should not be surprised now. Politics have always been part of the law for the poor man. Despite the image of a blindfold on Lady Justice, the proletariat knows all too well that the law is political. Now the injustice system monster will show its ugly belly to anyone and everyone because that is how much power the pigs have been given.

Perhaps now we can see what California Governor Newsom’s motivations are in pretending to abolish prison. Is he afraid of the monster he created? We all heard him say on T.V. that he is tired of paying the trillions of dollars his prison industrial complex eats up.

His notions of restorative justice are a little misplaced though. Rather than educate prisoners he should be defunding his prison system monster and putting the trillions back into the community – after all he can’t have his cake and eat it too. But that seems too much to ask of the Devil. He already said his rehabilitation is only for some and “not the more dangerous criminals.”

Anyone with half a brain knows that the real cause of crime is poverty. Poverty caused by the trillions of dollars going to the police and prisons and not to the community.

MIM(Prisons) adds: We agree that all prisoners are political. The state paints itself as being an arbiter of blind justice as this comrade states, when in reality it is the tool of one class to use against others. That is why real change requires changing the state from the hands of the bourgeoisie to that of the proletariat, not just shifting tax money around from prisons to more social services.

This update incorporates the “health and safety concerns created by Housing Cage Staging” grievance submitted on 21 July 2021. A bullet point appears before text from the grievance. An asterisk appears before comments/explanations of the text for readers not familiar with terms, misnomers, and other devices prison officials implement to obscure the big picture.

Current policy forces prisoners from both sides of East Back (EB) to be in close proximity to each other (forced under threat of CDCR115)

*A “CDCR115” is an infraction. Repeat infractions of this particular variety leads to punitive solitary confinement resulting from what is called “program failure.” Prior to and while being classified program failure, loss of privileges, i.e. phone, canteen, packages, etc. are imposed. But who is it that’s not playing by the rules?

Administrative level prison officials and their supervisory staff are directing policy which discourages prisoners movement by presenting prisoners with an ultimatum to either be placed in danger of exposure or decline transport to destinations i.e. medical appointments, law library, visits, mental health programs, and get a 115.

*For clarification, San Quentin Death Row prison officials refer to these holding cages as “holding cells.” The misnomer obscures the fact each is constructed of steel grate. The cage is approximately 3 feet wide (front to back and side to side) with no solid partitions between them.

If prison officials continue promoting/demanding social distancing (even outdoors as with the “one side of EB per day” modified yard policy) then also continue staging prisoners in cage rendering social distancing impossible inside the unit (known to have inadequate ventilation) that would demonstrate an extreme lack of care – a criminal act under PC2652 (aggravates under threat).

*Prison officials know or should know placing prisoners in close proximity makes them susceptible to exposure to any number of COVID-19 variants. Yet not only do they demonstrate an extreme lack of care they’re basically saying “get into the cage and be exposed or else!”

Housing cages are not even disinfected between uses.

*Death row prisoners going to and coming from various locations are staged in these cages before and/or upon return (see second bullet point of grievance/602-1)

Staging prisoners in holding cages is for the sole purpose of convenience not health & safety.

*Apparently due to custody staff’s inability to maintain accurate lists of where prisoners are at any given time of day and lack of intelligence for search and escort (SE) officers, the cages are where prisoners are held once they are located by the desk officer who calls out names of prisoners over a loud speaker saying “get up and dressed” to the prisoner then saying “Tier officer bring them down to a Bay Side Holding cell” for whatever the case may be.

Current staging policy design causes yard release disruption/delays.

*Death row has 7 different yards (essentially split into 14 since only one side of EB goes out at a time). Yard release is scheduled to being 7:30 AM for these group yards but that does not happen. Further delay/disruption occurs as the desk officer halts yard release so the tier officers can escort prisoners with dictated medical appointments to the holding cages instead of releasing prisoners on their tier to yard. This disruption/delay design is relatively new.

The current holding cage staging policy has no validity in law or science regarding its deceptive benefits and potentially adverse effects.

*At the onset of the COVID pandemic CDCR demonstrated an extreme lack of care with regards to its death row population. It executed a dozen prisoners by lethal injection during a moratorium and still seems to be aiming for more with this housing cage staging policy. The grievance submitted 21 July 2021 concludes as follows:

Specific Action Requested: 1) Discontinue the double standard regarding social distancing. 2) Discontinue the policy design causing yards program disruption/delays. 3) Enforce 15CCR3271 without implementing retaliatory/punitive policy designs under guise of safety measures. 4) Stop threatening prisoners with CDCR115 violations who refuse to be placed in holding cages with these conditions. 5) Stop staging prisoners in holding cages knowingly endangering their health and safety by rendering social distancing impossible.

*using holding cages and/or congregate staging of prisoners in close proximity to each other going to or returning from medical appointments for a variety of symptomatic illness, facilitates the spread of a variety of viruses including but not limited to COVID-19 variants and influenza strains. The bottom line is: it is illegal for prison officials to knowingly endanger the lives of prisoners (See also 15CCR3271).

April 2021 - The San Quentin (SQ) administration has been running two modified programs on Death Row under the guise of social distancing since the pandemic began. Both look so good on paper, but how they look on paper and how they really work are the only things six feet apart and the result was putting many six feet under.

Death Row’s seven group yards were divided into 14 yards back in the first quarter of 2020. That was accomplished by sending half of East Block (EB) out one day, then the other half the next day with Death Row prisoners warehoused in Donner Section (DS). Which side of EB DS went out with switched at least three times – before, during and after spikes of COVID-19 on Death Row and throughout the prison. In addition to the switches thrown on the tracks of this crazy train, at no time was there a maximum allowed number of prisoners set for each of the yards. Requests to set a maximum number per yard and prepare daily lists by going cell to cell through both sides of EB and the DS tiers (as is done for ‘walk-alone’ due to the limited number of cages) were ignored all the way to Sacramento. Does CDCR prefer the truth be released at half capacity perhaps? Appeal#SQ-A-20-01123 remains unanswered since it was sent for final review on 14 July 2020.

No emphasis on social distancing regarding the shower program in DS exists anywhere but on paper as well. The Daily Program Status Report (PSR) fabricated 14 July 2020 explains only four showers can be used at a time. It conveniently omits the fact there are only four showers total. These consist of steel mesh cages – each sharing a mesh wall with the other. Three are approximately 3 1/2’ x 3 1/2’. The fourth is designed to accommodate a wheelchair. Nobody using these showers can be 6’ away from the prisoner in the adjoining cage. Perhaps CDCR hopes to bring in waterboarding. That would certainly be the effect if you wear a mask in the shower.

Prisoners can refuse to go to yard unless there’s a unit search. Prisoners can even refuse to shower, opting for an in-cell ‘bird bath.’ However, the San Quentin administration is now moving all Death Row prisoners from DS to EB. So, the four shower cage problem disappears as if in a mist of droplets, because the EB showers only accommodate one prisoner at a time.

It ‘seems’ all the moves are deemed safe and if that is indeed true, there is still no purpose for a 14 yard program except to keep something looking good on paper. It’s not working good at all if you read about it on this paper though. That’s because this explains how CDCR managed to execute prisoners even during a moratorium.

MIM(Prisons) adds: As of 12 June 2021, 28 of the 224 people who died from COVID-19 in CDCR custody were at San Quentin State Prison, the highest of any facility. Also see more detailed reports on the practices that led to those deaths by this author.

Now, after some 2500 being infected with COVID-19 and more than 2 dozen deaths; Phase 2 of the Pestilence Pilot Program on San Quentin’s Death Row begins pretty much the same way it kicked off back in late March/early April ( see Pestilence Pilot Program: Another Way to Thin Out the Death Row Population at San Quentin“).

The same rotating yard schedule resumes. The only speed bumps added were down days on Monday & Wednesday and a few more due to feigned concern about air quality. But health & safety doesn’t seem to be a factor in decisions affecting the yard program. Lt. Bloise even fired all Death Row workers. So there’s nobody to disinfect the yards or the tiers in any meaningful way. Those chores are left to the same disrespectful sows that refuse to comply with California Health & Safety Code 113969 Hair Restraints during in-cell food service.

None of that should surprise anyone. SQ’s Acting Warden, Ron Broomfield, routinely dismisses advice from Public Health Professionals like Dr. Matthew Willis (see San Francisco Chronicle: Web Edition for the report by Megan Cassidy called “San Quentin Officials ignored Coronavirus Guidance from top Marin County Health Officer”). Ever wonder why the U.$. leads the world in number of people infected with and dead from COVID-19? The evidence points to the rejection of the science and the withholding of facts. We see that a lot.

One example of rejecting science is Broomfield dismissing the recommendations of Dr. Willis. That’s the SQ version of Trump and Fauci as if existing in a parallel universe, right? No, it’s just one of many clumps in the same shit box. Saying one thing while doing another proves to be one creative way SQ withholds facts. One example is given when a positive COVID test was reported in East Block on 18 September 2020. For maximum dramatic effect the yard program was shut down about 45 minutes early. At some point in time the positive prisoner was moved to the Adjustment Center (The Hole) instead of Donner as was supposed to happen according to the 4 August 2020 Edition of “The Informed Patient: A San Quentin Newsletter”. It’s written and published by the “Healthcare and Leadership Team at San Quentin”. That’s not taught in just any creative writing class.

Withholding facts also helps control the narrative in the media. While it has become “common knowledge” prisoners from Chino were transferred to SQ not having been tested 2 weeks prior; nobody seems to find it important to determining how or where those transferred prisoners became infected. It’s just assumed it was brought from Chino. The actual number of staff cases at SQ prior to the transfer was successfully minimized by the 27 March 2020, Broomfield/Verdier Memo which reports: “On Thursday, March 26,2020, we learned that a member of our staff has tested positive for COVID-19”. Of course, it’s obscured that up until June all other employees entering San Quentin were only having symptom checks not COVID tests. Since few then (and even now) wear masks at all times, asymptomatic spread was imminent if not rampant.

Exactly how many employees were/are going in and out being asymptomatic and contagious was/is ignored just like Broomfield was/is ignoring recommendations of the Public Health Department.

The masks initially provided to prisoners on Death Row were not capable of protecting the wearer. They were made by PIA from cloth normally used to produce jumpsuits/prison uniforms. Prisoners on Death Row didn’t receive N95 masks until over 1000 tested positive, many ended up in outside hospitals and others were found dead in their cells. We who survived the first wave are now approaching the 100th day since the positive test results from 15 June 2020.

According to the current science, antibodies last on average around 4 months (120 days). CDCR at SQ is now in position to repeat the same experiment. What does the science say about those who expect a different result? The second wave to hit SQ will be a tsunami. The only thing different will likely be who the CDCR blames (if history teaches us anything).

The September 14 newsletter gives itself a pat on the back for a job well done and blames ignorance of science regarding masks in the beginning of the pandemic. Their creative newsletter claims “researchers didn’t think wearing masks would protect people from spreading the virus”. Did a “researcher” write that or did the writer not know real scientists (and painters) to know the difference between an N95 mask and a cloth mask? It sounds like freestyle back pedaling.

According to the newsletter’s “current statistics” there are zero new cases. There are 2147 said to be “resolved” (but no positive cases determined by 15 June 2020, test results were ever retested to confirm this). It says there are 10 “Active” in-custody cases while 186 of 288 confirmed staff cases have also been designated “resolved” and have returned to work (but without retesting first). That same newsletter admits they don’t know if such people “may infect other(s)” (page 3 of issue 12).

Perhaps it’s more scientifically accurate to explain the numbers like this: There is nobody “new” left to infect so anyone not exhibiting symptoms now is dead or considered “resolved”. Those who kept testing negative were positive and actually “resolved” before the 15 June 2020, testing took place. No retesting for prisoners who tested positive in June was facilitated asymptomatic spread.

Unfortunately, the most useful part of the SQ newsletters have been the word search puzzles. Oh yeah, it may be funny to hear somebody tell one of these disrespectful sows they should put their mask on one leg at a time since their head is up their ass, but that’s no joke! And this is no laughing matter. If this paragraph didn’t get edited out, the impact on the writer’s mental health might seem apparent.

UPDATE: On 21 November 2020, it was reported that an SQ Death Row Officer on 3rd Watch tested positive for COVID-19. This may prove to be a repeat of what followed after it was reported via Memo issued by (a) Warden Broomfield and (a) CEO Verdier that, “On Thursday March 26, 2020, we learned that a member of our staff tested positive for COVID-19.”

If you’re familiar with the popularized story attributing the cause of the outbreak at San Quentin to a transfer of inmates from Chino, be aware of the omitted facts. Those reports make no mention of the March 27, 2020 Memo quoted above. Perhaps those journalists in the mainstream don’t even know that memo exists. But their reports claim there were no COVID cases before the transfer. This means those journalists got it wrong in part.

That does not mean the CDCR is not responsible for the outbreaks then or now. In fact, it only demonstrates here what is being seen across the whole United $tates – selfish individuals who think they’re better than everyone else refuse to comply with the most basic safety protocols (wearing a face covering).

Continuation of San Quentin: Greatest Concentration of COVID-19 after Guards Refuse Masks and Put Hands in Prisoners’ Food

On 15 June 2020, swab tests for COVID-19 were performed outside East Block on what is called G yard. Donner’s 1st tier and 2nd tier (now occupied by a group of grade B condemned prisoners from the AC which is being used as a quarantine unit) are now waiting to see who got infected by the disrespectful sows too righteous in their own eyes to cover their snouts.

Since 29 May 2020 forward, less and less care is being seen. Trays went from having no lids to being paper without much if anything protecting them from any number of pathogens during food seizure.

On the morning of 15 June 2020 and throughout early afternoon, locking cuff ports were installed on holding cages. When asked why no plexiglass partitions were installed (because the cages are literally only separated by the grated walls they’re made of) the installer’s response was “they’re doing a lot of stupid things right now.” That rings truer than wanted.

New rules implemented 1 June 2020 got rid of CDCR 22 forms. The purpose of such forms was, according to DOM54.090.1 policy, to document communication between staff and inmates. By getting rid of a way to document communication between staff and inmates it opens up a trap door for things like grievances to fall through. It also shuts down any prisoner’s attempt to resolve problems in a timely manner that could and now will spin out into oblivion. Of course, CDCR must have another purpose for invoking “emergency regulations” as regards the appeals process (see 15 CCR 3084-3086 on http://www.cdcr.ca.gov/regulations/adult_operations). But CDCR hasn’t said what the emergency is concerning appeals and/or CDCR 22 forms. Why not emergency enforcement of 15 CCR 3052(e)(f)? Why not emergency training for disrespectful sows that don’t tuck their snouts into their masks?

On 16 June 2020 Donner condemned is allowed yard with 1/2 of East Block (one day after testing and before results). It turns out EB is getting fed with normal trays that have lids. When confronted, staff explained that it’s because the kitchen doesn’t want to chance spreading COVID-19. Nobody in Donner has tested positive, but 2 prisoners with “symptoms” were moved to the AC. Even still, how does serving food uncovered on a paper tray stop the spread of anything? The bullshit thickens.

On 22 June 2020, ABC News at 5 did a story called “Outbreak at San Quentin”. It did have snippets of testimony and video footage but it was edited to be misleading. It casts CDCR as being proactive and without cases until a transfer of inmates from Chino. Not only is that bullshit, it explains nothing about how death row prisoners became infected having no contact with those Chino prisoners. As of 15 June 2020, at least 30 of the other 300 reported infected prisoners at San Quentin are death row prisoners currently warehoused in Donner Section.

The virus will continue to spread out of control because of staff’s extreme lack of care expressed by their actions and/or reckless disregard for the health & safety of both themselves and others.

Today (23 June 2020) two of the disrespectful sows assigned to Donner RC (Busseman and Peters) began their daily asinine antics by first prepping the RC prisoner food without face coverings. Later, the same two handled the 5th tier’s canteen without face coverings or gloves. Then they handed it to each of the intended recipients. Prisoners continue to be put at risk when exposure is available. This outbreak springs from an extreme lack of care NOT Chino.

According to the news ticker going across the bottom of the TV screen, KPIX 5 reports over 160 death row prisoners have tested positive for COVID-19 (as of 26 June 2020). More than 1/4 of all DR prisoners! In addition to not wearing their masks properly or not at all, the disrespectful sows assigned to Donner continue to follow orders to do other really stupid things which facilitate the spread of the virus. Death row prisoners warehoused in Donner take showers in cages with no way to be more than 3’ from the prisoner in the cage next to them. Here’s another example of stupid from the guy who built them. When drunkard Ron Denis was warden at S.Q. he decided to prohibit prisoners from using the yard showers. Rumor has it that the decision was in response to female employees complaining about seeing naked men. A stenciled sign was also posted on each yard prohibiting “bathing”. That reactionary mole only detracts from what would be an available option. Death row prisoners have been denied yard for 12 days as of 28 June 2020. However, a continuing lack of care blinds the S.Q. administration’s ability to see and implement common sense solutions. The present plan seems to be keep everyone locked in the units (health professions warned have such poor ventilation) until all prisoners are eventually exposed to a lethal dose of bullshit. Appeal #SQ-A-20-01123 recently submitted 29 March 2020 was due 29 June 2020 but continues to be ignored despite the issues cited therein being major contributing factors to the spread of COVID-19.

According to KPIX News (30 June 2020) a 71-year-old man on the row died in his cell last week from COVID-19. CDCR is now assigning blame to outside hospitals to further bury the fact its own employees NOT wearing face coverings correctly or not at all are willing accessories.

The same report mentions 40 prisoners have been transferred to an outside hospital due to COVID. Stepping up enforcement of Newsom’s mask mandate has been and remains a joke as “essential employees” such as Busseman, Peters, Alwhart, Costa and others “on assignment” for now or who returned after being infected themselves remain a vector refusing to properly wear or wear a face covering at all. Unfortunately, it is that same selfish attitude that has led to the sharp spike in this whole state - this whole country. According to every employee asked who returned after a bout with the virus, S.Q. is NOT testing for the virus prior to their return. These employees explained all S.Q. did was basic symptom checks without any requirement to actually test negative for COVID-19.

Now that CDCR says all its employees at S.Q. have been tested it seems as if quite a few of those employees think a negative test means you’ll never get COVID-19. But they could now get it (or give it) walking into any cell block. Here’s another illustration to help make this point more clear: on 15 June 2020 all death row prisoners being warehoused in Donner Section were swab tested for COVID-19. Those who tested positive could have been infected 2 weeks or more before the test was done - BEFORE the transfer of prisoners from Chino even arrived. Those who tested negative could have been infected while en route back to their cell under “hands on escort” AFTER being tested.

On 1 July 2020 Gov. Newsom said nothing about the skyrocketing cases of COVID-19 at S.Q. “Technical difficulties” prevented any questions from the media. The Gov. went on about contact tracing for a moment but the narrative surrounding the cause of the outbreak here remains fictionalized in the mainstream version of events.

On the same day, later that evening it was put out on the wire that another death row prisoner died. From what remains undisclosed at this time. Can Gov. Newsom put a moratorium on the Pestilence Pilot Program?

MIM(Prisons) adds: One persyn recently told eir story of being released from San Quentin prison and dropped off at the San Rafael transit center, as is standard practice. After riding a bus to San Francisco, this persyn got off the bus with flu-like symptoms and passed out on a bench. Ey tested positive for COVID-19 immediately after release.(Snap Judgement on National Public Radio, 25 July 2020)

California, which began the pandemic as the good example in the United $tates, is quickly going downhill as capitalism demands business opens up to “keep the economy going.” Meanwhile, the San Quentin humanitarian disaster is an embarrassment for the CDCR across the country and in the global news. Yet, the staff still seem proud to violate safety procedures and endanger the people around them.

The sickness that is spreading throughout the population of the United $tates that is due to the COVID-19 virus is just a symptom of a deeper sickness that is the individualism and cruel sadism that has allowed the virus to spread so much more in this country than in others. It is no coincidence that this cowboy, settler, #1 imperialist country in the world sees itself as superior and invincible and enjoys inflicting suffering on others. These characteristics are required to keep imperialism going. Yet, this pandemic is an example of how these characteristics will be part of this empire’s undoing. They are intentionally spreading a disease among their own people, even as the oppressed and the imprisoned suffer disproportionately from their behavior. Recent events have only strengthened the oppressed peoples’ cries for organized resistance that serves humyn need. It is in these conditions that real leaders and servants of the people must act to bring us to a new stage of history.

15 May 2020 - During the 2 weeks that came and went since my last report, I’ve encountered quite a bit of backlash. Another prisoner and myself are always reminding these so-called “essential employees” here at San Quentin to wear a face covering. On 14 May 2020 during second watch food service we observed two “essential employees” NOT wearing masks. Upon pointing out the obvious, one (Alwhart) approached the prisoner’s cell who spoke up. Alwhart then threatened the prisoner, saying “Shut up and mind your own business if you know what’s good for you, PC piece of shit.” Alwhart mumbled something else (unintelligible) as he walked away to be confronted by another prisoner about the same thing.

Later, when yard release program was called, Alwhart arrived at the cell of the prisoner he threatened earlier and began the process. The prisoners are required to hand the “essential employee” the items they are bringing with to their assigned yards. The prisoner passed Alwhart a clear plastic ziplock bag containing lunch fruit, bread slices, antiseptic scrub (within its own clear ziplock labelled KOP) and a small ziplock containing a small amount of dry beverage. The first thing Alwhart did was open the clear ziplock, then he began stirring the contents with his gloved hand. As he stirred, Alwhart said to the prisoner he was clearly harassing: “I’m going to search the shit out of your cell too when you go to the yard because you need to learn to shut up.” The prisoner he just threatened for a second time said: “I figured you might go that route so I left you a note with copies of Title 15 3084(g) and 3287(a)(2).” The prisoner continued, “Your threats of violence don’t sway me a bit and you need to wear a mask or I’m writing you up for violating 15CCR 3271 and Marin County’s mandate that all”essential employees wear a mask at their place of employment at all times.” Alwhart then threw the prisoner’s searched property back into the cell and falsely reported to the assigned tier officer (Costa) that the prisoner refused yard program. True to form, Costa packed Alwhart’s play and feigned ignorance about the arbitrary yard denial. Sgt. Guitierrez (who also does NOT wear a mask) tactically avoided paying any attention to the unbecoming conduct of the essential employees under his supervision. That’s to be expected. That Sgt. also refuses to respond to a CDCR Form 22 attempting to resolve the issue of the other disrespectful sows in his pen NOT wearing masks.

Some other prisoners in Reception and the death row tier are beginning to understand how the insolence and pig-headedness of these so-called “essential employees” is going to adversely affect the entire prison population. We (death row) are already on an unbalanced yard rotation schedule. There are no visits and no mental health yard program. Once any death row prisoner is tested positive for COVID-19, contact tracing would not require Dr. Bright to shine light on the obvious.

MIM(Prisons) adds: San Quentin has been making lots of news around the epidemic staff have brought there. This began when prisoners were transferred from the California Institute for Men (CIM) in an attempt to protect them from COVID-19. It turned out some were already infected and brought it to San Quentin. And as this comrade reported in April staff have continued to intentionally put prisoners at risk, even after it was clear that the disease had arrived at the prison, violating federal, state and local mandates.

As of 27 June 2020, San Quentin has the most COVID-19 cases within CDCR (614) and CIM is second with 514.

^{notes: https://www.cdcr.ca.gov/covid19/population-status-tracking/}

I’ve been getting messed with quite often since 12 March 2016, when an officer J. Russell let an inmate from another yard onto mine. He assaulted another prisoner, tried to assault me, the gunner shot at me but hit the other prisoner and I got drenched in pepper spray. Grivances are being arbitrarily rejected having to do with falsification of documents (the incident reports).

No doubt even throughout the global community many have heard of the infamous “3 Strikes Law.” In California if someone gets 3 felony convictions they face a sentence of LIFE in prison. The law has created quite a bit of controversy and there’s been a few token reforms to it that mean about as much as calling San Quentin (SQ) a “Correctional Center” instead of a prison.

SQ’s Adjustment Center (AC) is also in the midst of controversy and in the process of implementing reactionary token reforms in much the same way. They also implemented what could be called “The 2 Strikes Law.” The SQ oligarchy calls their oppressive tool of retaliation Operational Procedure (OP) 608 Section 825 A.4. Here’s how it gets implemented:

On 25 December 2015 while en route to group yard Sergeant Rodrigues waved a piece of paper in a prisoner’s face, after asking him if he remembered refusing to show his asshole to officer C. Burrise the other day. Rodrigues tells the prisoner he is going to the AC for receiving two serious Rules Violations Reports (RVRs) within 180 days of each other. A death row prisoner receives an indeterminate SHU term for that.

The two RVRs involve the prisoner’s refusal to submit to unclothed body search procedures either prohibited by OP 608 Section 765(2) (local prison rules) and state law, or not applicable to East Block (EB) prisoners. In fact, before either of these RVRs were fabricated the prisoner had filed several staff complaints citing the Prison Rape Elimination Act (PREA) and alleged “sexual harassment under the guise of security.” The prisoner also wrote an informal letter to Specialized Housing Division Facility Captain J. Arnold asking him to abolish his “Perversion Enforcement Team Training Project” (PETT Project). That got the prisoner a punitive cell search response resulting in the confiscation of a loaner TV and theft of art supplies valued at $48. So now you know the motive. But let’s see what else this means for ALL death row prisoners thinking Seigle & Yee are to the rescue.

Seigel & Yee are the attorneys currently representing the “AC class” regarding the long-term/indeterminate SHU program conditions experienced by death row prisoners in the AC. One prisoner who corresponded with Seigle & Yee attorney Emily Rose Johns in early 2014 from his recently acquired EB (SHUII) cell reports advising her a wave of prisoners formerly doing indeterminate SHU terms in the AC was flowing into EB and being assigned to the “Sun Deprivation Program.”(1) This prisoner came over to EB just ahead of that wave. Johns’s response to our dilemma was, “We intentionally kept the scope of the case narrow for many reasons, including out of respect for the experience prisoners in the AC had with the Thompson case.”

So now it’s about time that someone points out that experience prisoners in the AC had with the Thompson case, including not rescinding the 2 Strikes Law, and that OP 608 Sec. 825 A.4. is still being used as a revolving door into the abyss of indeterminate SHU terms. How leaving that door wide open could be hailed as a reform or “respect for the experience of prisoners in the AC had with the [SQ/Seigel & Yee] case” remains to be seen by a lot of prisoners literally LEFT IN THE DARK for years.

This unfolding experience brings to mind an article from a recent issue of Under Lock & Key.(2) It sets the record straight, explaining in detail the “reforms” hailed in the media regarding indeterminate SHU terms with respect to prisoners subject to the cruel and unusual conditions in the Pelican Bay gulag. Just as the so-called reform left the doors wide open to every other SHU in California’s gulag system, merely limiting the time spent doing an indeterminate term at Pelican Bay to 2 years. It’s nothing, NOTHING different than SQ’s 2 Strikes Law being intentionally contested. Torture cannot be reformed. So the practice of long-term isolation must be ABOLISHED. The construction of more SHUs at SQ must stop because it is torture.

The bastards concocted a local rule called San Quentin Death Row Operational Procedure #608, section 650. It voids clergy confidentiality, allowing the attorney general to compel testimony against only male, death row, at San Quentin. Females and anyone not at this prison are exempt. Non-condemned are exempt.

The rules in play are 15 CCR 3212, which creates the confidentiality of clergy in prisons in California. Then they want to have clergy compelled or allowed to rat on us, saying we are not good reborn bible thumpers, as we pretend… so kill us all.

I won it. Clark v. Chappell, CV 14 02637 ygr.

The new acting warden was told by the attorney general to feign surrender, and issue a memo voiding that rule. The problem is, the minute the federal court judge looks away they can re-instate the rule. It is an at whim rule, he can redo it. I am going forth to get not just a surrender but declaration that it is and always was discriminatory, undue process, unequal justice, and such. So we won the present day, and I will puruse the retroactivity to 1977, date it was put in place, to protect all the old guys.

Guard One was implemented in the middle of June per mandate of a court-appointed mental health expert in Sacramento. The device resembles a pipe about the size of a closet pole cut to an 8” length. It either flashes or beeps to indicate a welfare check has been recorded. Similar devices are in use throughout selected prisons, especially in the Security Housing Units (SHUs) where statistics reveal most prison suicides occur.

While it is being promoted as a high-tech device able to create an electronic record that prison guards are actually performing their assigned duty of half-hourly welfare checks at each cell, it is also supposed to be showing how much CDCr cares about reducing the number of suicides on its four death row SHUs at San Quentin.

In San Quentin’s SHU II D.R. the sensor which the beeping pipe must make contact with is attached to each cell’s food port. That’s a small metal door on hinges which is padlocked closed unless the cell has no occupant, the prisoner is attending some other program, the cleaning bucket is being used, or there is a phone in use. When the food port is open, for whatever reason, it must be lifted to the closed position so contact can be made with the beeping pipe. Normally, upwards of 100 food ports are left open every day between the hours of 9am and 1pm as various programs are in session. During that time there is continuous banging, clanging and beeping. That’s hardly conducive to anyone’s mental health!

At around 9pm the beeping pipes are traded in for a non-beeping Guard One device. So between the hours of 9pm and 5am the padlocked metal food port doors continue clanging each time a contact is made. The banging of food ports on empty cells as they’re lifted and dropped also echoes throughout the night while the prison guard flashlights would probably remind you of a prison break scene from an old movie as the spotlights search up and down for prisoners crawling the walls. Sleep deprivation can lead to a number of mental and physical health issues.

By 5:30am the beeping starts up like a small brood of electronic rooster chicks fighting for dominance in a cast iron coop and a few cocks get to crowing about the “easy money overtime” coming from the taxpayers.

Many prisoners have died in their cells due to heart attacks, cooking, or other things which might not have been fatal if they had received timely medical attention. So these must be some of the factors considered by the “expert” who armed prison guards with these devices seemingly designed to preserve prisoners and create jobs. I hope I separated the truth from fiction for you.

We call for the elimination of the Guard One device because it is causing more torture and anguish for prisoners.

MIM(Prisons) adds: This is a good example of the criminal injustice system implementing new costly practices in response to serious problems, but the new practices do nothing to help prisoners. In this case, it is a real problem that prisoners die due to medical neglect. But spending lots of money creating more jobs for guards and increasing sensory torture for prisoners is not a solution to this problem. We can never expect the injustice system to reform itself or address its problems fundamentally. We must continue to demand an end to torture like long-term isolation and these new devices, while we build a broader movement that can attack the fundamental injustice of a system that uses prisons as a tool of social control.