Please remember that I am visually impaired, currently being treated for
glaucoma, photo sensitivity, etc. Also, it has been commented on more
than once that for a visually impaired persyn I seem to have no
difficulty drafting correspondence. My patent response is I have, over
the course of my life, drafted thousands upon thousands of holographic
documents and correspondence. I can literally do so with my eyes closed.
I am also a touch typist.
Since the 14th of this month I have been confined to an isolation cell
devoid any light whatsoever except the modicum of light entering the
cell from the hallway - by which I am writing this letter.
First, no sooner did I set the date per this letterhead than I was
approached by a mailroom official informing me the book Settlers:
Mythology of the White Proletariat had been denied. It seems
Settlers is on a permanent denial list and is unappealable. This
will be the first literature denial I have ever not challenged, or
failed to prevail over, but I have stretched myself so thin I need to
regroup. By my estimate, the propensity of prevailing per a challenge to
this denial is less than good.
The reason for this denial is racial content and depictions of rape.
Some years ago I received through the mail Chinua Achebe’s Things
Fall Apart. Go figure. I could not bring myself to allow this
important tome to be destroyed. Recognizing the scarcity of resources,
Settlers will be returned to MIM Distributors.
I did receive the Ricketts’ Prisoners of Liberation. I am anxious
to delve into Prisoners, especially being absolutely isolated.
All I can say is thank you so much for sending Settlers and
Prisoners. I’m just so sorry I was unable to receive
Settlers. Look for it to be returned in the next couple of
months.
On November 13 the majority of my property was stored, including my
legal materials, correspondence supplies, study items, etc., and I was
transported from here, the Estelle Unit, to the University of Texas
Medical Branch (UTMB) John Sealy Hospital, Galveston, per ophthalmology
consultation for prospective eye surgery. I brought stamped envelopes, 1
writing tablet, 1 ink pen, the book On Trotskyism, MIM
Theory magazines 6 and 10, and minimal hygiene items. I also
included MIM(Prisons)’s most recent communication to me. My intent for
including correspondence materials and MIM(Prisons)’s items is apparent.
The evening of Nov 13 at approximately 6 p.m., the transport bus
bringing me back to Estelle was rear-ended at a high speed by a UTMB
John Sealy doctor in an SUV on a cell phone. The transport bus was at a
dead standstill. The doctor did not apply an ounce of pressure to eir
brakes. The SUV’s engine was pushed back 3 feet or more. Fortunately the
doctor walked away. Seated at the back of the bus I sustained neck and
back injuries.
At approximately 7 p.m. I was returned to the John Sealy Hospital,
admitted, subjected to spinal cervical imaging, held overnight, and
discharged the next morning with an ordered treatment regiment and a
prescription for pain medication. Neither of which has been implemented
as of this writing.
Late morning, November 14, I was wheel-chaired to a transport bus
awaiting to return me to Estelle. UTMB medical personnel placed a bright
yellow band on my right wrist designating me, in bold lettering, a fall
risk. As such, it was ordered I be handcuffed singularly.
Arriving at the Estelle Unit at approximately 3 p.m., awaiting my return
was a medical staffer with a wheelchair so that I would not be at risk
of falling as ordered by UTMB doctors. Once taking a seat in said
wheelchair, a prison guard ordered me out of the chair. In response I
informed the Sergeant that I had sustained neck and back injuries via an
auto accident, UTMB doctors had deemed me a fall risk, indicating the
bright yellow wrist band, UTMB doctors had ordered I be ambulated via
wheelchair, and the Sergeant was devoid the authority to supersede a
medical directive. The Sergeant then again ordered me to remove myself
from the wheelchair threatening me with physical assault and
disciplinary action should I fail to comply.
As a visually impaired prisoner I have been issued, among other adaptive
aid devices, a visual disability orientation cane. Pursuant to being
ordered from the wheelchair, rather than using my cane to orientate
myself with my surroundings, I used the cane for physical support while
attempting to walk to the prison edifice proper, causing me to fall
several times. Said Sergeant disallowed any persyn, neither security
staff or prisoner, to assist me. Once inside the prison proper, and
beyond the scrutiny of the belligerent Sergeant, a non-ranking guard did
allow me to ambulate via wheelchair to my assigned housing unit.
When returned to Estelle from Galveston, I was issued no bedding (i.e. 2
sheets, 1 blanket, as required). Arriving at my assigned cell, the bunk
I was assigned had no mattress. I advised all guards working my assigned
prison wing, as well as all ranking officers on duty, as to the
situation, notifying them all that less than 24 hours prior I had
suffered neck and back injuries incurred in an auto accident. All my
attempts to obtain a mattress and bedding were met with indifference by
prison staff.
At approximately 11 p.m., one Sergeant Mims, a 3rd shift supervisor,
entered my assigned prison wing. I approached Mims informing em as to my
predicament, and was again met with indifference. I reluctantly informed
Mims that I would bring the property in my possession to the wing
dayroom and remain there until I was provided a mattress and bedding,
suggesting to Mims that, since I had been injured, perhaps they could
place me in the infirmary until I could be provided adequate bedding, or
appropriate housing could be located. Though the dayroom was open for
prisoner access, Mims stated if I entered the dayroom they would place
me in lockup. I then invited Mims to place me in lockup so the entire
travesty would be formally documented, ergo substantiating my
prospective filing of an administrative grievance, and forthcoming
litigious action. Mims then ordered me to place my hands behind my back
so that I could be restrained thusly. I advised Mims it was required my
hands be manacled in front as I am visually impaired, necessitating the
use of a visual disability orientation cane so as to effectively
maneuver throughout the prison. Mims repeated the order to place my
hands behind my back. In compliance, I dropped my cane, placing my hands
behind my back. Mims did restrain me and led me to the prison infirmary
for a pre-hearing detention physical.
I’ve not seen my orientation cane since. Keep in mind, Estelle not only
encompasses the High Security Unit, it is also the regional medical
facility for the southern region of TDCJ.
I was placed in PHD (i.e. isolation) devoid any of the required criteria
authorizing such. I was placed in isolation with nothing but the clothes
on my back. Again, there was no mattress or bedding. Just a bare, steel
bunk. No toilet paper. No water (The water faucet didn’t work. I was
denied water for 4 days as I was on a hunger strike [11 days] and told
if I ate I would be provided water.). After 4 days I placed my mouth
directly on the faucet and sucked in an effort to obtain water. I must
have removed some sort of plumbing obstruction by this means (yuk!) as I
did create a trickle of water that I captured in a Styrofoam cup finally
provided me. The isolation wing windows and outside vents were open,
bringing the temperature in isolation cells down into the 40s. I had
nothing but the clothes on my back, and the shoes on my feet.
The night of the 14th, morning of the 15th, I spent sitting upon a
stainless steel commode. I had been without sleep for approximately 80
hours due to being transported to Galveston, the auto accident, being
poked and prodded all night at the hospital, being transported back to
Estelle, and not being afforded appropriate housing. Sitting on that
steel commode, in frigid temperatures, I began to hallucinate. I had the
most marvelous conversation with my significant other of 15 years. That
has been my best experience since being incarcerated. I must’ve been
talking out loud. A guard came to check on me and seeing the condition I
was in, after 15 hours (I have a talking wrist watch) in isolation, I
was brought a mattress from an unoccupied isolation cell. It had been
there the entire time. Some time after this a prisoner in isolation that
had 2 blankets sent me one. They, I believe a Black persyn, stated when
sending the blanket: “Black, white, brown, red, yellow, we all gotta
stick together,” which was encouraging - especially for Texas.
The first meal provided me was breakfast, the morning of the 15th. The
guard serving trays spit in it. Thinking I was visually disabled rather
than impaired, they spit in my food right in front of me. The breakfast
tray was white paper that I could discern. The offending guard was in
the hallway light directly in front of my cell. Rather than seen, I
heard the guard spit into my food. Much like the pig that kicked Mumia
into the Black Panther Party, this incident prompted me to commence a
hunger strike.
Initially, my hunger strike demand was for adequate bedding, but as the
days wore on, expanded to include being reunited with my extensive legal
books, documents and papers; my correspondence materials (14 writing
tablets, 14 stamped envelopes, 15 ink pens); hygiene items; and my
political literature. After a week I was allowed my shower shoes,
toothbrush, and toothpaste. I was informed this was all that was allowed
a PHD confinee. As the statue designation would indicate, PHD is
implemented prior to disciplinary hearing. There are no prison rules or
regulations depriving a PHD prisoner possession of their property. I
have been in PHD several time before and always have had possession of
all my property until after a disciplinary hearing when disciplinary
sanctions may restrict access to certain property items.
Rather remarkably, on November 25, I was allowed to order and receive
commissary purchases: correspondence supplies (including a greeting
card), soap/shampoo, fingernail clippers, and coffee, all items denied
me from my confiscated and/or stored personal property. When the
property officer delivered my shower shoes, etc., I inquired why I was
not allowed correspondence materials so that I might contact my
significant other. Their answer: “I don’t know. I don’t want to get
involved.”
Interestingly, my commissary receipt shows I am in transit status rather
than PHD. The property officer claimed I am in administrative
segregation level III, just shy of high security. This, absent a
disciplinary hearing.
On November 23 I was approached in my isolation cell by an administrator
informing me I was charged with several disciplinary infractions. This
persyn did not introduce themselves as my counsel substitute (C/S,
advocate) per the disciplinary at issue. It seems Mims’s claims I
threatened to inflict bodily harm on them by stating: “if I go in that
dayroom, there’s going to be problems for y’all tonight - I promise you
that.” Had I said what Mims claims, which I didn’t, it’s not much of a
threat. Pretty lame. Mims also claims I failed to comply with a direct
order by not putting my hands behind my back to be restrained. Again
false. Finally, Mims stated I was a threat to institutional security
cause they had to summon backup staff and a video camera per a
“potential use of force.” Gotcha! There was no backup, and there is no
video.
Uh-oh.
Stupid motherfucker.
Mims writeups are nothing more than attempts at creative writing,
resulting in poor fiction.
The C/S delivered me with disciplinary notice 10 days into my PHD
confinement. Understand, all, each and every time constraint in which to
process and adjudicate a disciplinary action, had elapsed. On November
24 I was ushered before a disciplinary captain (DHO, Disciplinary
Hearing Officer), at which time I categorically contested the entire
disciplinary process from the beginning. I was summarily ejected from
the hearing.
The next morning I was again brought before the DHO. When I again
protested the disciplinary procedure, the DHO and C/S attempted to
repress my dissent. In retort, I proclaimed the disciplinary hearing to
be my hearing. The DHO then stated they could conduct the hearing
without my presence. I countered: “This is my opportunity to be heard,
is it not Captain Martinez?” Martinez then leaped from his seat and
charged me as if to attack. Standing over me in a menacing manner,
Martinez ordered my escorts to, “Get him outta here before I put him
outta here!”
Rest assured, comrades, I was nonplussed. I can only assume the hearing
at issue was held in absentia, though I’ve yet to be notified as to any
outcome.
In regards to the hunger strike: though I still have not received my
legal/political papers, including addressed, after receiving a mattress,
blanket, and correspondence materials via commissary purchase, I broke
my strike on November 26, a total of 11 days after embarking on such.