Virginia Prisons

Attack Your Enemy Where They Have No Defenses

I am writing to provide you a resource, for fighting mass incarceration. The International Fire Code and Building Code applies to prisons/jails, and we must use it to force fire and building officials to honor it, by putting them in the public spotlight if they do not apply the codes equally.

In December 2022, I used the codes to shutdown buildings 3 and 4 at Sussex 2 State Prison. But now I am being ignored as I try to file more complaints on other prisons. So I need others to join this fight.

Overcrowded Prisons Violate Fire/Building Codes

Reduce the prison/jail populations by half, by using these c Codes.

Virginia Statewide Fire Prevention Code and Uniform Statewide Building Code. Forms for filing complaints are online at: courts.state.va.us/form dc 390 and form dc 380

You can call/fax violations en masse to local/state officials where prisons/jails are located and go public/post online when they ignore them.

Criminal Charges

Violation of the fire code is a misdemeanor, VA Code Title 27-94 to 100. 3 misdemeanors are a felony. Criminal complaints are online at: courts.state.va,us/form dc 311

The accused is:

The Director, Chadwick S. Dotson, and they are criminally liable for they manage/operate these buildings.

NOW the 5 main codes all prisons/jails violate are, they do not have:

1. PERMITS for occupants over 49 in each pod/dorm
2. PERMANENT max load occupant signs in each pod/dorm
3. PERMITS to install top bunks/extra interior fences
4. ADEQUATE plumbing, ventilation and lighting for increased occupancy, and
5. NO POTABLE WATER in the standpipe systems

See:

• IFC 1001.3 Permits required for occupants over 49
• IFC 1004.9 Max load occupant signs must be posted for occupants over 49
• NFPA 25 Potable water required for standpipe systems
• NFPA 75 Increase in occupants require increase in in plumbing, ventilation/electrical [lighting]
• IEBC 108.3 Permits required for alterations and installation of additional structures like top bunks/fences

It will please your readers to know that approximately two weeks ago four Virginia prisons were ordered shut down for good! Augusta, Sussex 2, Haynesville, and Stafford Correctional Center. Augusta continues its industry and small cadre to support it. Nottoway and a sixth prison, so far unnamed, are also on the chopping block as the VA DOC is now, quietly, downsizing due to its lack of sustainability ($1.1 billion/year, approximately 26% of the entire state budget).

As is always the case, we’ll see how things develop.

MIM(Prisons) adds: The closures are scheduled to complete by 30 June 2024 according to the VADOC. It is notable that Augusta Correctional Facility is one of the prisons comrades were campaigning to shut down for lack of air conditioning. At this time we have no reason to believe the decision was connected to that campaign. However Nottoway was also targeted by the campaign, along with a third prison Buckingham.

A Memorandum issued by the PREA Auditors of America was recently posted in all dorms and other areas here at Dillwyn Correctional Center where incarcerated people frequent advising us of the following:

“The Virginia Department of Corrections (VADOC) will be conducting an audit for Compliance with the United States Department of Justice’s National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act (PREA) for Its Adult Detention Facility.”

The scheduled dates of the PREA Audit are from September 26th-28th, 2023.

The Memorandum further advises:

“Any person with relevant information pertaining to this compliance Audit may * confidentially * correspond with the Auditor via the following address:

Ron Kidwell P.O. Box 193 Palmyra, Virginia 22963

“CONFIDENTIALITY. All correspondence and disclosures during interviews with the designated auditor are CONFIDENTIAL and will not be disclosed unless required by law. There are exceptions when confidentiality must be legally broken. Exceptions include, but are not limited to the following:

If the person is an immediate danger to him/herself or others (e.g., suicide or homicide)

Allegations of suspected child abuse, neglect, or maltreatment

In legal proceedings where information has been subpoenaed by a court of appropriate jurisdiction.”

The Prison Rape Elimination Act or PREA was passed by the U.$. Congress and codified into federal law as Title 42 U.S.C.A. section 15601. It was passed in response to the high incidents of rape and other forms of sexual violence incarcerated people were subjected to in prisons across the country.

Despite the language of PREA, it does not stop, prevent or reduce the rape and sexual violence of incarcerated people. As an example, the rape and sexual assaults against women at the Federal Correctional Institution in Dublin, California in the years before 2022 was so bad the prison was called the “rape club” by incarcerated women and prison staff alike. Even the Warden of the prison at the time, Ray J. Garcia, took part in raping and sexually exploiting women at the prison.

The real purpose of PREA was to create a set of national standards (also called PREA standards) by the U.$. Attorney General that state and federal prison systems can give the appearance of being in compliance with in order to gain accreditation and federal grant money from the U.$. Department of Justice.

PREA Audits as they are currently conducted do not work and will never work for the following reasons:

As the above quoted Memorandum reveals, prison officials are given advanced notice their prisons will be audited for PREA compliance. This advanced notice sets in motion a scheme whereby prison officials began the process of cleaning up and beautifying the prison before PREA auditors arrive, both literally and figuratively. I have witnessed time and time again how in the days leading up to the audit, incarcerated people are instructed to paint walls, plant flowers, and wax and buff the floors. Guards and prison staff begin acting nice and treating incarcerated people with a little bit more dignity and respect. A special meal is sometimes serviced to incarcerated people either on the day of the audit or on the day before. In some cases, a prison may go on an unexpected lockdown where incarcerated people are locked in their cells on the day of the audit. All of this is done to placate/pacify incarcerated people so they’ll be least likely to give the PREA auditors a “bad report” or, in the case of the unexpected lockdown, to prevent them from giving a report altogether.

In order for the PREA audit to be truly effective, they must be conducted without prison officials having prior notice of the date and time of the audit.

In addition to that, incarcerated people must be allowed to communicate freely with auditors in a confidential setting. This is often not possible because PREA auditors are accompanied by brass and are deliberately led on a prearranged course throughout the prison that keeps them out of contact with incarcerated people and out of the housing areas where incarcerated people live and sleep.

Incarcerated people must not be retaliated against for making complaints about having been raped and sexually assaulted by prison staff. I know of many fellow incarcerated people who have been harassed, threatened, moved to another housing unit, transferred to another prison, and written bogus infractions in retaliation for submitting PREA complaints. This sort of retaliation chills other incarcerated people’s desire to submit PREA complaints which allows their abusers to escape accountability.

Lastly, the only real solution to ending the rape and sexual violence of incarcerated people is to abolish the Prison Industrial Complex. If there are no prisons, then there can be no prison rape.

All Power to the People Who Don’t Fear Freedom!

MIM(Prisons) responds: We actually think we can do a lot to eliminate rape for all people before abolishing prisons. Prisons are a tool of class struggle. In the control of a communist government, prisons would be revolutionized to serve the people. There would be an end to the torturous practices so common in capitalist prisons of isolation, heat, lack of health care and physical and sexual assaults.

Unlike prisons, rape and sexual violence are forms of oppression that cannot serve the people. While the path to eliminating any of these things remains long and challenging. Previous revolutionary societies have made quick progress in the realm of reducing and almost eliminating many forms of gender oppression. So we call on those who want to put an end to rape and sexual violence to join us in the struggle to end imperialism and replace it with a system in the hands of the international proletariat.

I have written and spoken extensively over the last couple years about the impact that recent heat waves have had on incarcerated people housed in non-air-conditioned prisons in Virginia and in the Criminal Injustice System in general. I even drafted and disseminated a proposal for the creation of a state-wide, coalition-based movement to shut these prisons down. As of the date of this writing, none of the so-called prison justice and prison abolitionist organizations I sent it to in Virginia responded or expressed interest in it.

A comrade of mine then created an online petition in 2022 to raise public awareness about this issue and build momentum for shutting these prisons (i.e., death traps) down. Last checked, the petition had 560 signatures. Buckingham Correctional Center alone houses 1,091 people, so there should be more signatures on this petition.

Since I began writing/speaking about this issue, the dissemination of my proposal and the creation of the online petition, historic heat waves have increased exponentially, both in frequency and in record high temperatures. And with these increases must be increased pressure and organizing to shut these non-air-conditioned prisons down.

Since the beginning of summer, the U.$. and most of the rest of the world have been gripped by deadly and historic heat waves. Science and medical experts the world over have warned that deaths caused by extreme heat will only increase each summer without some sort of action to mitigate climate change. They say that elderly people, obese people, and those with diabetes, heart disease and other serious health related issues are the ones most at risk. Time and time again, people confined to prisons, jails and detention centers with poor ventilation, substandard medical care and partial or no air conditioning are left out of the category of those most at risk during these record heat waves.

I just read that in Texas, which incarcerates more people than any other state in the country, the temperature inside its prisons regularly exceeds 120 degrees during the summer and as result, hundreds of incarcerated people have died there from extreme heat exposure in the last few years. Predictably, Texas prison officials have denied the number of deaths and the deaths they have acknowledged they falsely claimed were not caused by extreme heat but by other causes. So, on July 8, loved ones of incarcerated people and other community members attended a rally inside the Texas state capital demanding an emergency session be held to address the issue and for funding to be allocated to install AC units inside all Texas’ prisons. We need similar rallies to take place here in Virginia every summer when it is the hottest and not later in the year or the beginning of the year when the temperature and the issue of extreme heat inside non-air-conditioned prisons both starts to cool down.

SOME ACTIONS YOU CAN TAKE NOW:

• Sign and share the following petition to close three main non-air-conditioned prisons in Virginia at: https://chng.it/T5hzhPsJXM

• Call/email Virginia’s Governor, Secretary of Public Safety, and Director of the Department of Correction at the contact information below demanding these prisons be shut down due to the extreme heat suffered by the people incarcerated there and that housing people at the named facilities under those conditions constitutes torture and cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution.

• Help build a statewide, coalition-based movement specifically to shut these non-air-conditioned prisons down. The proposal for the creation of such a movement can be found on my blog at https://consciousprisoner.wordpress.com/2022/10/01/preliminary-proposal-for-a-statewide-campaign-to-close-shut-down-non-air-conditioned-prisons-in-virginia/.

Please reach out, get involved and help build this movement before incarcerated people in Virginia start dying on a level like they are in prisons in Texas.

[originally written for the Incarcerated Women’s Clemency & Support Project (IWCSP)]

I filed about five clemency petitions during the course of my 28 years of incarceration before finally being granted a pardon in 2022, by former Governor Ralph Northam. The first three petitions were filed “pro se,” meaning on my own. The last two petitions were filed with the assistance of counsel and with the support of state legislators. The last successful push for clemency was also aided by the Justice for Uhuru Coordinating Committee – a group of friends, abolitionists and student organizers from the College of William & Mary.

Borrowing from knowledge and practical experience gained from navigating the clemency process over two decades, what follows is a brief outline of what I believe is the most effective strategy in helping an incarcerated person and their loved ones to wage a successful campaign for clemency in Virginia.

The Law

Neither the Virginia Parole Board nor any court in Virginia has the authority to grant a petition for clemency.

Pursuant to Virginia (VA) Code section 53.1-229 and Article V, Section 12 of the Virginia Constitution, only the Governor has the absolute power and authority to grant clemency.

However, pursuant to VA Code section 53.1-231,

“the Virginia Parole Board shall, at the request of the Governor, investigate and report to the Governor on cases in which executive clemency is sought. In any other case in which it believes action on the part of the Governor is proper or in the best interest of the Commonwealth, the Board may investigate and report to the Governor with its recommendations.”

There’s a common belief that the Governor of Virginia has the power to grant mass clemency to a group of incarcerated people at one time. However, the Virginia Supreme Court in the case of Howell v. McAuliffe, 292 Va. 320, 788 SE 2d 706 (2016) ruled the Governor has no authority to issue group pardons because Article V, Section 12 of the VA Constitution requires the Governor to give a particular (specific) reason for granting each pardon which is something the Governor cannot do when issuing mass (blanket) clemency.

The Process

There are two types of clemency in VA: restoration of rights and pardons.

A petition for restoration of rights restores the rights one forfeits as a result of having been convicted of a felony and can only be sought by people who are not currently in prison. People with nonviolent felonies must wait three years after completion of their sentence before applying for restoration of their rights and people with violent felonies must wait five years. The restoration of rights does not restore the right to purchase or possess a firearm which can only be done by petitioning the appropriate Circuit Court pursuant to VA Code section 18.2-308.2. You can learn more about the restoration of rights process at https://www.restore.virginia.gov/

There are four types of pardons in VA:

1. simple pardon
2. absolute pardon
3. partial pardon
4. conditional pardon

A simple pardon, sought after a person’s rights have been restored, is an act by the Governor granting forgiveness for a crime for which one has been convicted. A simple pardon does not expunge the conviction from a person’s criminal record or restore the right to purchase or possess firearms.

An absolute pardon is granted when the Governor is convinced that a person is innocent of the charge(s) for which they have been convicted and freely and unconditionally absolves the person from all direct and collateral consequences of the crime. A person can petition for an absolute pardon only if they plead not guilty during trial proceedings and exhausted all appellate and other post-conviction remedies, including a Writ of Actual Innocence pursuant to VA Code sections 19.2-327 through 19.2-327.13.

A partial pardon can be conditional or unconditional and remits only a portion of the sentence and leaves the rest of the sentence intact. This is the pardon I received.

A conditional pardon is an act by the Governor which modifies or ends the entire sentence imposed by the court when there is “substantial evidence of extraordinary circumstances to warrant it” and does not become operative until the grantee satisfies a prerequisite and can be revoked if that prerequisite is not met.

There is also something called Executive Medical Clemency where the Governor grants conditional release to an incarcerated person who is terminally ill with three months or less left to live.

Preparing and Filing the Petition

It took me, my lawyer and supporters working together as a team about a year researching and collecting all the pieces for my pardon petition. And by pieces, I mean certificates and diplomas earned since I’ve been in prison, supplemental online petitions, and support letters from family, friends and state legislators who recognized the injustice in my sentence and sympathized with my plight enough to be willing to support me. It is important to collect all these pieces and attach them to the petition as supplements and exhibits at the time of filing because they may not be accepted or considered if they are sent in separately at a later time.

Whether the incarcerated person is applying for a pardon on their own or if someone on the outside is applying for it on behalf of the incarcerated person, it is important (and mandatory) for the incarcerated person to first complete the “Virginia Pardon Petition Questionnaire” and mail it to the VA Secretary of the Commonwealth (SOC). This form can be obtained from the prison’s law library or requested from the SOC Office. Unaware of this requirement, my attorney filed my pardon petition, and the SOC rejected it because I had not completed this questionnaire. So, the pardon process does not and will not begin until this questionnaire is completed.

The Organizing

Organizing here refers to any action (before and after a petition is filed) that will raise awareness about a person’s case and gain community support for their pardon request.

Two of the most important things that should be done before a pardon request is filed are 1) creating a social media presence and 2) creating an online petition on http://www.change.org.

With organizing, gone are the days when news of a planned event had to be promoted via word of mouth and crudely handcrafted flyers. In this day and time, social media is king and one post about an injustice that has occurred can quickly go viral resulting in hundreds and thousands of people showing up at a planned protest in opposition to that injustice. We have seen how vital social media has been for the birth and sustainability of the #MeToo, #SayHerName and #BlackLivesMatter movements. It can be just as effective for a campaign to free someone from prison just as it did for mine.

I would add that social media is more critical to freeing someone from prison than the pardon application itself. Why? Because to be incarcerated for 20 to 30 years is to be erased and rendered invisible to the masses, especially to people born after a person was incarcerated. Case in point, many of the people on the Justice for Uhuru Coordinating Committee (JUCC) were students from the College of William & Mary and were born a decade after I came to prison. So, social media can help bring incarcerated people and their freedom campaigns out from the obscurity of the prison industrial complex and connect them and their campaigns to young abolitionists who are doing most of the on-the-ground agitation and organizing.

Like mine, a change.org petition can function as an abbreviated version of and supplement to the actual pardon petition that will be filed with the SOC Office. With the help of social media, my online petition garnered over 2600 signatures from people all over the county. Others have gone viral (with the help of influencers and celebrities like Rihanna and Kim Kardashian) racking up tens of millions of signatures like in the case of criminalized survivors Chrystul Kizer and Cyntoia Brown. These signatures, in addition to character letters from family, friends and state legislators, can show proof that the community at-large supports a person’s pardon request and are not opposed to a person’s early release from prison either because they believe the person was sentenced unjustly or (to use carceral language) has been rehabilitated and will not pose threat to public safety.

Another thing that should be organized are public rallies. My team organized a rally both before and after my petition was filed.

The first one, organized by my attorney before she filed my pardon application, was held at the state capital. Though it received a low turnout, word of it spread to staff in the Governor and SOC offices and members of the General Assembly resulting in a veteran state senator showing up, listening and speaking to those in attendance. This is why it is strategically important to hold a rally at the state capital even if only a small amount of people show up. The second rally, organized by the JUCC after my petition was filed, was held near the Virginia Commonwealth University and managed to draw about 80 people. Posts on social media helped the second rally to achieve a greater turnout and connected the JUCC to other community groups and organizers who decided to sign my petition and support my campaign. It is important to note that all rallies at the state capitol, however small, must be pre-approved by the Department of General Services. The number to call for this department is 804-786-3311.

Another thing that should be organized are carefully timed emails and phone calls directed at the SOC, the pardon staff, and the Chief of Staff for the Governor after a pardon petition has been filed. There is a common belief that contacting the SOC and pardon staff will have an adverse impact on a person’s pardon request and will even result in a pardon application being prematurely denied. This may be the case if the calls/emails come across as demanding or pressuring officials to grant a pardon request. Those are not the kind of calls/emails I am recommending here. Based on my own experience and insight gained from someone working in former Governor Northam’s administration, it is helpful to have a person to make a follow-up email to the pardon staff about six months after a petition is filed to inquire about the status of the petition. [The email to the pardon staff is pardons@governor.virginia.gov]. Most importantly, all supporters of the incarcerated person (including any political supporters) should make calls to the SOC and the Governor’s Chief of Staff a week before a Governor’s term is set to expire to (politely) reiterate their support for a person’s pardon request and state the reasons the incarcerated person would be a good candidate for clemency. [The phone number to the SOC is 804-786-2441, and the phone number to the Governor’s Chief of Staff is 804-786-2211].

Keep in mind that on any given day, the SOC, pardon staff, the Governor’s Chief of Staff, and the Virginia Parole Board’s Special Investigations Unit tasked with investigating pardon requests and making recommendations to the Governor, are handling thousands of pardon applications, often with limited staff. Making these calls will help make a person’s pardon application stand out, prevent it from being given a rubber stamp denial for reasons other than the merits of the case, or left in a stack of papers on top the Governor’s desk when their term expires which, unbeknownst to many, happens more often than not.

One last note I want to make is that parole and pardon requests are often denied on the basis that early release of the incarcerated person will pose a serious threat to public safety.

Ultimately what needs to happen in order for a clemency campaign to be successful is that the incarcerated person and his/her/their team must garner as many supporters as possible so that the voices of the people who want the person out of prison are louder (and more powerful) than the voices of the people who want to keep the person in prison.

Today, July 30, 2022, a Saturday at 7:30 AM, a helicopter flew close to this prison’s yard. We had just been let out into the yard as cattle are moved through the fencing and gates. Two minutes later they shut down the yard and herded us all back into the building. The staff said they had to “search the yard”: never mind that the helicopter did not fly over the yard for more than a second; never mind that the amount of drugs on this compound are at an all-time high, and flowing in freely as the Virginia Department of Corrections (VA DOC) attempts to stop it all fail short. There is a reason for this, but, let me back up a bit.

Years ago, before my wrongful conviction and unlawful captivity, the VA DOC decided that, in order to prevent the flow of contraband, all mail should be photocopied. Certainly, if the VA DOC prisoners were no longer receiving actual mail they could not be receiving the contraband sent in “by family and friends”. Even though, statistically, this is a non-sequitur flying in the face of known logic and the real cause of the problem, the VA DOC went ahead with the foolish plan and the contraband still flowed.

At some point it was decided that all incoming property, books for example, while coming directly from companies such as Amazon, would be subjected to a hold and search. This search would include x-ray and dogs. Logic would dictate that with all mail (except legal mail) being photocopied with the originals shredded and all property subjected to extensive and excessive searches, the VA DOC would nip that contraband problem in the bud. Unfortunately for the VA DOC, and, as per usual, that did not work out as planned.

The VA DOC decided that stripping prisoners before and after every in-person visit was logical as their other foolish attempts. It was invasive, excessive, and it solved nothing. At one point the VA DOC put a policy in place mandating that visitors who were menstruating remove their tampons before being allowed to have their visitation with their loved ones. This was in 2018 and the VA DOC was even able to come up with a spokeswoman, Lisa Kinney, to actually defend this insane action. The VA DOC was eventually forced to drop this depraved barbarism, but attempt speaks clearly enough. Also, the problem of contraband persisted.

Then COVID hit. Pocahontas State Correctional Center, like most prisons, took the low road and instead of reducing prison populations by 60-70% as recommended by every major health group (The Center for Disease Control, the National Institutes of Health, the World Health Organization), PSCC went on to a full 24/7 lockdown. What better way to ensure the spread of a deadly disease is there? No visits of any kind; an even longer hold on mail; food delivered to the cells; top tier and bottom tier separated and for periods of time only one cell out for 10 minutes at a time, twice a day - these were the implementations put onto us. PSCC, and all prisons, had now become maximum-security prisons “as ordered by the CDC” (contrary to, actually). Somehow, despite all this, that contraband just kept coming through the gates. Figure that one out.

Just recently, the VA DOC, in their increasingly impressive – and wholly questionable – exercise of critical thinking, finally figured out the cause: It must be the legal mail. Local courts and lawyers: the Virginia Court of Appeals and the Supreme Court of Virginia. The Fourth Circuit and the U.$. Supreme Court. These must be the culprits…you cannot make this stuff up. Now, along with the dizzying array of failed policies that have produced exactly zero results, the VA DOC implemented a policy that illegally routed all legal mail to a “centralized processing unit” to be put through some search or another. It is all clearly nefarious, but, more importantly, it is a grotesque violation of constitutional rights – specifically, the Sixth and Fourteenth amendments (attorney/client privilege, access to the courts and due process). This epic display of intelligence went into effect July 1, 2022. Shortly after we spent 10 days on a lockdown without reason. Finally, the contraband problem was dealt with. This time for sure, right? Wrong!

The contraband keeps coming through the gates. It always will because the VA DOC is not looking at the root of the problem. To be more precise, the VA DOC is deliberately and willfully ignorning the root of the problem. It knows what the problem is, and it has known it all along. Acknowledging the problem opens a can of worms in Virginia’s already long history of destruction. The VA DOC contraband problem is a staff problem. The VA DOC doesn’t want citizens to know that it is no more than a colossal failure, and its staff are mostly criminals. Along with all the other, endless, false data the VA DOC feeds the public (low recidivism, nutrition standards, medical care, educational opportunities, everything), Virginia wants to hide the truth about its staff smuggling contraband.

For those familiar with PSCC this should come as no surprise. A large portion of PSCC staff are facing some level of in-house complaints, or worse. As of this writing, the Assistant Warden is allegedly facing multiple sexual harassment suits at more than one prison, including PSCC. The current Major, head of “security”, was chased off of at least one other compound for his gross abuses. One of the guards here is facing a lawsuit for physically assaulting a Black prisoner while the prisoner was handcuffed. The alleged incident was racially motivated – the guard has a long history of such behavior – and the incident is also currently the focus of a growing anti-Semitism case. The point is that the VA DOC, and Virginia as a whole, would much rather sweep problems out of the public eye, and let them fester. If it won’t investigate the more serious issues surrounding obviously sociopathic activities by its staff, why bother with a majority of its staff being involved in a smuggling ring? The VA DOC costs the taxpayers $1.1 billion, 25% of Virginia’s entire budget. Citizen’s hard-earned money.

Citizens, you are being lied to, openly, and you are being robbed. This is called a “complicated confidence scheme,” and you are all falling for it.

If you follow the news, you are well aware of a Virginian named Officer Edwards, who recently used police training to attempt to groom a teenage girl for eir pedophilic needs. When it didn’t pay off ey drove to California, murdered eir family, burned down eir house, and kidnapped the girl. Ey eventually died in a fire fight with California police. Around the same time, back at a Virginia Prison, a Virginia Department of Corrections (VADOC) guard named Owens at Keen Mountain Correctional Center shot a prison nurse to death. Ey was pregnant with the guard’s child and was threatening to tell Owens’ wife about eir affair. These are Virginians, and ey are the type of people who flock to jobs in corrections and law-enforcement in Virginia. Virginia officials will tell you they don’t know how people who are so dangerous slipped through the background checks. Virginia officials are lying to you because these are the people they look to recruit.

There are more subtle forms of this sociopathic behavior, and the guards and other staff at the notorious Pocahontas State Corruption Center exercise these forms of open torture daily. One of the most common is the deliberate tampering with mail. Two of the most often seen names are Hagerty and McCall. Aside from delaying outgoing mail, sometimes for weeks if ey send it out at all, incoming mail is often denied outright for any number of nonsensical and often false reasons. An example of this is the denial of a book review/catalog. The reason cited was “no nude or semi-nude images”. Upon investigation it was determined that “nude/semi-nude” was a tank top shirt. Absolutely nothing “nude or semi-nude” by any known standards of decency. Of course the target of this mail denial was a known political writer and the review catalog was from a publisher – Fifth Estate – that focuses on political themes (many of them anti-prison). What these two VA DOC employees did – mail tampering – is a federal crime.

This is just one example of a massive assault on the guarantees of the First Amendment. It is a common event that is meant to not only prevent communications from exposing the other criminal acts by PSCC staff, but it’s also a means of isolating the captives. It’s a vicious form of psychological torture and harm. Ey want the captives to believe that ey are alone – that ey are forgotten by eir friends and family. This is solely to make the captives not only more susceptible to further and more cruel abuses, but also to a force a level of acceptance of the abuse.

To further this endeavor it is important to prevent grievances and complaints from being seen by those at regional or Central (Richmond) administration. Though in all reality, since the Virginia DOC only recruits and promote from within its own insular institutions, the administrators at every meaningful level were hand-picked for eir silence and loyalty to the VA DOC. Without eir allowance of endless cruelty and torture, it could be stopped. Still, “grievance coordinators” such as C. Smalling at PSCC, whose unwritten job description is “grievance disappear-er” answers the grievances erself instead of routing them to the proper areas for re-dress. Ey makes sure they are not properly logged so that they disappear as needed. This is especially important in preventing lawsuits from being filed, something PSCC is prone to do due to its nationalist majority staff and their daily human rights abuses. Without an exhausted grievance process any lawsuit brought by a prisoner is immediately dismissed by the courts. In Virginia, even the federal court judges are Virginians.

Other more harmful – yet just as subtle – forms of torture and harm are the 24 hour lights, a gift from 15 years of Assistant Wardens who should be in prison themselves. Currently the PSCC Assistant Warden, Mr. Collins, is facing at least six sexual harassment suits at three different prisons including PSCC. They just move the guy from one prison to the next and fire the people who lodged the complaints.

Yet another way the staff abuse the captives is through an especially vicious misuse of the PA system. There are several ways to do this, but the two most common are as follows:

Three very dangerous guards, Barry, Sargent, and Shelton are particularly fond of turning the PA system up to full volume and screaming into the microphone. Since they work on the night shift you might imagine the problems this might cause for the captives. 9PM, 10PM, 12AM, 3AM, 5AM anytime they feel like scaring the living hell out of the 250 people and also disturbing their sleep. This sort of abuse is completely illegal yet all complaints are ignored or disappeared. These acts are a sign of sociopathic behavior and given that 40% of Virginia’s captives are warehoused mental health cases, it is so very devastating. The flip side to this is turning the PA system volume down so low that no one can hear announcements. This causes not only missed classes, programs, or medical appointments, but it also allows guards to justify all manner of false charges against captives – most often “disobey a direct order” or “unauthorized area”. Both are low level charges, but they cause sanctions and fines. They also make your record appear as if you are a problem all of the time, and if you get too many you will be transferred to a higher security prison.

Another regular problem comes from guards such as Craig, Bogle, Kimble and others like them – most of the guards. They are openly racist and anti-semitic, go out of their way to verbally (and sometimes physically) abuse anyone they are able to. On the boulevard, in the education and library buildings, in the chow hall, any place they are able to, and they get away with it repeatedly. This has gone on for years and years without any change or even the least reprimand. To give you a better idea of just how far it can go on PSCC’s compound, here is a scenario that happened recently:

A guard named Horton and his wife, also a guard, both work on the compound. This is a violation of policy for a lot of good sense reasons, but PSCC itself is a major violations of DOC policy and too many to count. Mrs. Horton, while married to one guard, is sleeping with several others on the compound during working hours. It is common knowledge to everyone. As you might expect, Mr. Horton gets fed up with his wife’s extramarital affairs and decides to solve the problem. This guy brings a loaded weapon THROUGH the gates – apparently staff were not checking guards as they came in – with the intend of making some examples. Those examples were going to be PRISONERS! Not the other guards who were involved with the wife, but PRISONERS! Fortunately a few guards stepped in and put a stop to this before anyone got hurt, but still, Mr. Horton is only fired and walked off the compound. Not a single criminal charge was brought even though he broke half a dozen laws. His wife was recently promoted to “counselor,” and he was just rehired to work at the same prison on the same shift as his wife.

Virginians and the VA DOC PSCC staff fed captives food that says “not for human consumption” on the box. Its medical staff is entirely unqualified in every way. Its psychologists do not have the experience to handle severe mental health issues and are even falsifying records to avoid even dealing with mental health because the facility (and the VA DOC) are simply not capable or designated to handle such issues. Add to this all the well-known and common place issues with corrupt prison staff – and put the prison in a well hidden county at the end of some “wrong turn” road in a state that seems to be growing its right wing neo-nazi extremist population. You have a real time disaster unfolding daily: the other 40 prisons in Virginia – a long time slave economy – are no better. On top of all that, add a 20% rate of innocence/wrongful conviction (approximately 5,000 people as of this writing). Harsh action must be taken to stop this madness.

MIM(Prisons) responds: MIM(Prisons) has been questioned online for our support of the campaign to fight the a recent rewrite of BP-03.91 in Texas, mostly to increase restrictions on sexually suggestive, non-nude photos. The example given by the comrade above is one of many that explain why we support that campaign despite stating clearly that we oppose pornography. Any increase in the restrictions on mail are going to be applied to stuff the pigs disagree with politically, because there is no free speech in this bourgeois dictatorship, only power struggles.

Of course, most pornography represents patriarchal and bourgeois morals. Morals that numerous gender-related acts of violence described by this author. We welcome reports like this, and print many on our website. But as the author states action must be taken, we really want your articles on campaigns and struggles against these types of abuses and organized repression.

Revolutionary greetings and Happy New Years to everyone listening to this recording at the Virginia Prison Justice Rally on the 14th day of January, 2023. I am a 46-year-old New Afrikan that has been in prison here in the belly of the beast in Virginia for 27 consecutive years. I am a core organizer along with my comrade to organize Virginia’s Nottoway, Buckingham and Augusta Correctional Facilities due to extreme heat conditions being worsened by climate change. Last checked the petition was at 516 signatures. We need more.

If you are listening to this speech it is now January so the temperatures in non air conditioned facilities is now bearable because we can always add layers of clothes to cope with the chilly weather. During the hot summer months however it is a very different story. A different reality. Because each of these non-air conditioned prisons become so unbearable, it is torturous and is expected to get worse due to global warming. I am currently incarcerated at Dillwyn Correctional Center which has A/C. Or better known as temperature control, but when I was held at Buckingham Correctional Center during the past summer, I experienced firsthand how the record heat waves that have swept the country, have caused the heat and humidity inside the facilities to become so intense that it felt like we were literally being baked in there. Because the heat exacerbates medical conditions and can cause a heat stroke in medically vulnerable prisoners I witness how this crisis had more of a detrimental impact on elderly and medically vulnerable prisoners.

Many are diabetic, have high blood pressure, have heart disease, and are still suffering from the side effects of long Covid, like so many of you out in the free world. The so called free world. Many of us experience labored breathing, we are sweating profusely. Some of us are experiencing blurred vision, increased heart rate, and are having difficulties falling asleep at night we means many are sleep deprived. Many of the administrative mitigation of these effects of extreme heat didn’t work. The bags of extra ice when we did receive it did not work. The small fans sold in the commissary did not work because many people can’t afford them. The extra fans placed in the pod did not work, but did succeed in blowing the hot air around from one place to the other. These ineffective mitigation practices didn’t work because these places by design are virtual death traps. They are overcrowded, have poor sanitation, poor ventilation and poor medical care. Poor meals we are fed and the tap water we are forced to drink are making us sick.

The dominant culture in these prisons is marked by complacency, passivity and fear. Fear of retaliating and fear of being labeled a snitch by prison guards and fellow prisoners for filing grievances and speaking out. So it is not unusual for the bulk prison populations to not sign these petitions no matter how extreme or how deeply inhumane the conditions are. The U.$. supreme court ruled all the way back in 1987 in the case of Turner v Safley that “prison walls do not separate prisoners from the protections of the Constitution.” So despite this dominant culture, the VDOC is prohibited by the Supreme Court from subjecting incarcerated people to conditions that amount to cruel and unusual punishment.

The Virginia DOC has a history of minimizing the issue of extreme heat inside these prisons, and has led me to believe it is necessary to organize an online petition to raise awareness about this statewide issue among the people, and to build a statewide abolitionist movement to shut these prisons down.

A comrade of mine will be handing out fliers with the QR code that will take you directly to the online petition which you can share and leave a comment. You will also have a QR code that will take you to a second draft of a proposal for a statewide campaign to shutdown non air conditioned prisons. Because the history of the criminal, torturous and exploitative nature of the prisons and the jails, it is going to take a statewide movement of the people and the communities most affected by mass incarceration to force the DOC to shut these modern day slave camps down. We can pressure them to start releasing elderly and medically vulnerable and other incarcerated people for 30 or 40 years for crimes committed in our youth. There will be mass casualties behind these walls and that is because in these last summers deadly heat waves caused by climate change have been becoming more frequent, intense, and as the climate is changing, these non-air conditioned prisons will keep getting hotter and hotter until the inevitable happens.

Thank you for taking the time to listen and if you want to keep up with my reading, prison conditions or political commentary in general, please visit my website at consciousprisoner.wordpress.com. My Twitter page is @justiceforuhuru. My instagram is @justiceforuhururowe

All power to the people till we see freedom

11 October 2022 – Around 2:05 AM, Tuesday morning, I was jolted out of my sleep by a familiar sound. Yes, that familiar sound of Strike Force rushing into the pod to execute one of their surprise raids. I didn’t even have to get out of my bed to see what was going down. Like I said, it’s a familiar sound of feet stomping, door slamming, guards shouting, and dogs barking.

An elder Panther told me years ago to always observe the guards during raids just in case they violate the constitutional rights of a fellow prisoner – or even worse kill one of us. So, I got up to witness the chaos out of practice. The scene is always the same.

During the wee hours of this Tuesday morning, Strike Force, accompanied by institutional investigators, were rushing to a pre-selected number of cells (my cell was not chosen this time. Thank god!), banging on cell doors to confuse and disorient occupants. Inside the cells, people were forced to strip naked, lift their testicles, squat and cough, and bend over, reach back, and spread their butt cheeks (this is done in full view of officers looking from the front and behind) before handcuffing their hands behind their back. The K-9s (drug sniffing dogs) were taken into each cell to find drugs, which always create sanitary issues, because the dogs sometimes sniff, lick, and tread on our bed sheets and laundry, leaving behind dirt, drool, and possibly feces. Replacement sheets and laundry are never issued, and they weren’t this time.

Strike Force then entered and ransacked each cell in search of any contraband the K-9s couldn’t find. Their personal property, including letters and family photos, are tossed around the cell for good measure. A lot of property is trashed and confiscated.

Other strike force members searched areas in the pod – in the trash cans, in the showers, under tables, on top of ceiling lights – for contraband that may have been hidden there.

I observed the chaos for two hours before getting back in bed to sleep. I found out later that this pod, B1, had been placed on lockdown all day Tuesday for unspecified reasons. We were allowed out of our cells on Wednesday morning.

I’ve been subjected to these surprise pre-dawn raids many times during my imprisonment. And I can tell you they are quite dehumanizing and retraumatizing. Can you imagine being jolted from your sleep in the early morning, being forced to strip naked and bend over and spread your butt cheeks while a stranger stands behind you and looks in your anus for contraband? It is so humiliating and emasculating. And every time I’ve been asked to do it, something inside me (perhaps my manhood?) always makes me want to refuse. Because deep down inside, I know it is not done to find drugs, but to remind us we have no agency. And that prison staff have utter and complete control over every aspect of us, even the most intimate parts of our bodies. But refusal means a write up, a rousting, time in solitary, or more time in prison. So, what can we do?

What I and many other incarcerated folks can refuse to do is be silent by writing about these abuses and sending them out into the free world hoping they’ll change people’s perceptions of these prisons and how the people locked in these cages are being treated in the name of “public safety”.

I want to make a few reports pertaining to conditions at Pocahontas State Correctional Center in Pocahontas, Virginia. the first issue I want to report is that since the arrival of the new warden, Tikki Hicks, that instances of discrimination have skyrocketed. Staff are flagrantly targeting prisoners of minority ethnicity, religion, and nationality, as well as homosexuals and gender variant prisoners. Prisoners who receive the kosher diet are being given spoiled meals, rotten fruits and vegetables, and foods that have gone beyond their expiration date. Prisoners of majority religions, ethnicity, etc. are fed much better and with larger portions. Since the arrival of the new warden this prison has become little more than a cleverly disguised concentration camp. Warden Hicks, a woman of color, either condones this repugnant behavior or she is impotent and unable to control her staff. All of our complaints have fallen on deaf ears or have simply vanished.

The next issue pertains to introduction of Covid-19 into the prison. Infractions and outbreaks consistently began with inmate kitchen workers who contracted the infection from kitchen staff. There is no means to detect illness or to prevent it from entering the facility. Inmate kitchen workers are not permitted to leave their jobs under threat of disciplinary action and must go to work or risk an increase in sentence length. Prisoners at this prison must risk their health and even their lives just to get a meal. Once again our complaints fall on deaf ears or are simply lost.

The final issue pertains to prisoner education. The security officer in the education department is aggressive, verbally abusive, threatening, and harassing. Prisoners simply do not want to go to the educational department because of this officer – Frank D. Kimble. Many GED students are willing to give up their education and force disciplinary action rather than be terrorized daily by this officer. And again, our complaints fall on deaf ears and are ignored or lost.

For a Better Tomorrow.