Under Lock & Key

I received a letter from an attorney which the High Desert State Prisons intercepted and allegedly “returned to sender” on October 14. I received an official “rejection” notice for that legal letter which stated “disallowed letter that encourages inmates to form a hunger strike and plan to disrupt the order of this facility.”

Now, here’s what I don’t understand, if this was indeed a legal letter, from a legitimate attorney, how did they know what was inside the envelope unless they illegally opened it outside my presence? I am in the process of trying to obtain copies of the “rejection notice,” at which time I will appeal the issue.

MIM(Prisons) adds: This sort of illegal censorship is rampant in Amerikan prisons and especially problematic in California where we have faced repeated bans on MIM(Prisons) mail because of our revolutionary politics and advocacy for prisoners. In the case of the recent Hunger Strike in California, it appears that most mail mentioning the strike was censored while prisoners were engaged in this important struggle. And in some cases the Institutional Gang Investigator (IGI) used these letters as supposed evidence of gang activity on the part of the prisoners to whom they were addressed.

I’d like to speak in regards to the Special Needs Yards (SNY) situation. It’s synonymous with the plight of my comrades, relatives and brothers detained in Pelican Bay, Tehachapi and Corcoran Security Housing Units (SHUs), from which I was released in 2010.

The California Department of Corrections and Rehabilitation Institutional Gang Investigations (CDCR IGI) squad uses insidiously foul tactics, involving “validating” or “associating” an “active” [gang member] who isn’t really active. Somewhere within my 16.5 years on this joke, many, including myself, lost our sense of direction and consciousness. Because we’ve lost our direction, the CDCR has found flaws in our infrastructure as a collective.

All of the tactics you hear about to validate or get homies to debrief are true. After being detained for an assault on a faulty comrade, a SHU term was assessed and completed. After numerous incidents on Corcoran’s integrated yard, and relationships with individuals of other acknowledged sects, IGI tried to seize their opportunity with interrogations. They were met with my defiance, then, they manifested a “packet”.

What was troubling is that these silly goons were adamant of an alleged association with a sect that literally would be treason, had I been linked to them. Now my existence is in jeopardy.

After consultation with a selected few of my infrastructure, I had to denounce my legitimate association with whom I truly move to subterfuge the fabricated trash the IGI spawned. Pride was hard to swallow, but the flaw in their system relegated me to fall back without compromisin’ comradz.

The procedures to become SNY depend on the administration at each institution, and it’s at their administrative discretion. For me, in Corcoran SHU, I denounced my legitimate gang association without debriefing in order to rebuke a false alleged association. Once the process begins you are infected like a plague, whether you’ve debriefed or not. So I chose to drop out without debriefing, but the outcome is the same: SNY. With that label, the assumption is that I’ve either snitched/debriefed or I am some kind of “victim.” There are now many prisoners in the SHU who are SNY and pending or are validated because someone on SNY can join the Enhanced Outpatient Program (EOP) for mentally ill prisoners, and get his SNY status revoked to be re-integrated into the EOP/GP program. EOP basically was SNY prior to the implementation of SNYs.

There seems to be a plague, a misconception that all are debriefing on SNY – no! Nor is it legit for the validated homies to only have the lesser option to debrief in order to obtain civility and humanity in prison. That’s not an option.

I now find myself in the eighth month of an 18 month SHU term. Initially, there was shame in my decision, yet I been kickin’ dust from Calipat to the Bay; my gangsta, my manhood, my integrity is and always will be solidified. I’m still pushin’ and movin’, and was surprised to see many reputable comradz and relatives on SNY too! Don’t let the fence in the middle misconstrue reality: it’s us vs. them!

Do not lose consciousness, whatever side you’re on. I agree, most SNYs are faulty. There’s an influx of kids who tapped out without ever walkin’ any line, even for a hot second! Real spill. Now, consciousness is lost when homies are unconsciously toten’ “burners” and gettin’ caught? Fumblin’ missives? Harborin’ hooks? Politicin’ with emotions as opposed to rational thinking? C’mon, we’ve all done it. The infrastructure must be tightened. Why do you think all these young homies needed on the line are now on SNY?

Again, not everyone is faulty; they weren’t groomed right. We are responsible for us, so as the homies in these SHU complexes hunger strike and resist, our lack of consciousness is inconsiderate to the struggle. The lack of consciousness only perpetuates the offensive of the CDCR.

So, yeah, I’ve spoke on it. I am SNY, but don’t think I ain’t still active!

MIM(Prisons) responds: This letter is referring back to the long running debate in Under Lock & Key about SNY yards and whether or not we should work with people in SNY who want to get involved in the fight against the criminal injustice system. We agree with the author that we’ve come across good comrades who are doing good work in SNY. We judge individuals by their actions, not by their prison-imposed classification. However, we would not glorify the activities on the street that lead to prison. We do need to educate the youth, but kids coming to prison aren’t going to be more political because they did more street crime. Our job is to turn that energy against the system, preferably before they are locked up by the system.

There are deep contradictions within the lumpen organizations (LOs) that are alluded to by this comrade in his calls for self-criticism and evaluation. He echoes our previous points that the LOs are playing a big role in pushing people into SNY. Right now the SHU prisoners are leading the way, showing how to gain power and respect without being predators on each other, or other oppressed people. Internationalism means not just looking out for your group or clique. When the oppressed unite internationally, then self-determination can be real and power will no longer be fleeting as it is in current U.$. prison culture.

I agree with the Texas prisoner on page 14 in Under Lock & Key 22 that the COINTELPRO is still alive in disguise.

At the Smith Unit, Gang Intelligence (GI) tags mostly everybody as gang members. I have a five point star on my neck that says “rising star” because I have a vision of being a celebrity. For this the GI labeled me as a confirmed Blood gang member, and put me on file as such. Also another prisoner had red in his “free world” tattoo with no indication of gang affiliation and still was tagged as a Blood. They confiscated one brother’s pictures just because the brother was wearing blue clothes and tagged him as a confirmed gang member. The GI on Smith Unit is out of control.

On the other hand, for all you comrades who are being denied ULK newsletters and other political publications from MIM(Prisons), don’t forget to appeal with the Director’s Review Committee, and write a grievance for violation of your First Amendment constitutional right to have access to the media. If you have free world support, use it by having them call and talk to the warden of your unit and the mailroom supervisor. If more people use this line of defense it will make these pigs think twice about violating our First Amendment rights because it exposes them to the public eye and word spreads like wildfire. If the GI illegally tags you as a gang/security threat group member, file a step one and step two grievance so you can have some paperwork backing you up. It’s called insurance.

MIM(Prisons) adds: This comrade makes an important point about fighting censorship and false validations. If you experience censorship of any political material, you need to let us know, and file an appeal. We have a guide to fighting censorship available to all prisoners who want to help with this important battle.

During this second hunger strike it seems the prison system is working overtime making itself look stupid so the outside world can really see what we’re dealing with. They are making it clear what we prisoners fighting for reasonable changes have to go through in order to bring attention to our inhumane conditions.

On September 29, 2011 they placed all of us strike representatives in Ad-Seg (isolation) on “H” row. Prison officials within CDCR were feeding propaganda to various news media that we representatives in the hunger strike are the prison gang generals, crime bosses, who are forcing prisoners around the states to not eat.

They hate to admit prisoners have had enough of these repressive inhumane conditions and want to be treated like a damn human being with some respect.

On October 5, 2011, a few of us were released from Ad-Seg. I hear the others were released a little later after CDCR officials put things in writing. I understand the 4 main representatives have actually read the writings. I hope to get a copy to share among the other prisoners that stood tall in this strike.

CDCR officials have begun retaliating by giving prisoners CDC 115 disciplinary infractions for partaking in a non-violent peaceful strike. CDCR officials actions simply say we prisoners do not even have a constitutional right to refuse to eat. We will see if a federal court will find CDCR actions were retaliatory and violate our first amendment.

I received a notification that MIM(Prisons) has been banned. These folks here are a joke and violate laws at will.

MIM(Prisons) adds: It’s no coincidence that this prisoner is facing repression for activism and having his MIM(Prisons) mail banned at the same time. As activists, and especially revolutionaries, grow in our influence and organizing power the systems we oppose become more threatened and respond with more repression.

I am writing you from Pelican Bay State Prison. At the conclusion of the hunger strike the COs in General Population at PBSP initiated a 90 day lock down for no specified act or incident from the prisoners. Details are hazy at this moment but there was a fairly wide search of the yards and all the grass is now gone on the exercise yard. What we believe was a “sweep” for weapon stockpiles is turning out to simply be an excuse to hold our privileges hostage.

Visitor and work assignment movement has not ceased, however the administration seems to believe that a facility lock down is necessary for 90 days, even though they are still running the laundry service which is unheard of during “lock down” status.

This is clearly a tactic to impose a punishment for hunger strike participation. Now all quarterly packages and store for the holiday season has been stripped from an already isolated, deprived group of prisoners.

It is rumored that the COs uncovered a rusted piece of metal believed to be a home fashioned knife on a section of yard off limits to prisoners when yard is refused. Sounds real convenient that the COs get to have the last word on our concluded demonstration. When an incident occurs on the yard and a weapon is found, the COs resume yard, why is it we are on lockdown without a riot occurring? Typical “Green” bullshit.

Sitting here on my 17th day of a hunger strike, in protest of the inhumane and torturous treatment of our confinement in the Security Housing Units (SHU) of Pelican Bay State Prison, my heart races at 126 beats per minute – at rest! Am I going to have a heart attack? Am I mad for risking my health – my life! – or am I just fed up with having spent 25 years in SHU for non-disciplinary reasons?

My mind is racing just as fast, if not faster, as my heart. A fog has settled in on my thoughts. Everything seems hazy and I’m not sure if I’m even thinking logically anymore.

This morning I was dozing in and out of a dream. I usually don’t remember my dreams anymore, so I’m not even sure if I was actually dreaming or if I was awake, just thinking in the fog. But this is what I remember:

I was in this big ol’ boat, along with a whole lot of other guys, and we were rowing this boat. It was hard work (and maybe that’s what got my heart pumping so hard!), and if any of us slowed down or fell out of sync, these overseers would come over and whip us something awful, so we all had an incentive to keep rowing.

Then an old man, a few rows in front of me, stopped rowing. He started to sway, from side to side, as the overseers whipped him. Regardless of the pain, the old man just continued to sway, from side to side, from side to side, and all he would say is “rock.” Everyone thought the guy was mad, that he had lost his mind or something. Then another guy, a few rows back, threw his oar down and began to sway the same way as the old man. Everyone was confused. Then a few more people started throwing down their oars and swaying in sync to each other. Nothing was said except, “rock!” The boat started to sway, just a little, from side to side, and the overseers were frantic to stop the swaying. They were whipping guys viciously, but no one would pick up the oars. In fact, more and more people were refusing to row now and the boat was dangerously close to capsizing. The overseers were terrified and all that was heard was “rock!” The oars with the words “industries,” “shirt factory,” “wood products,” “shoe factory,” “dairy,” “kitchen workers,” “cooks” engraved into them were all just laying there, idle, and we told the overseers, “you want this boat rowed, then you do the rowing!”

About this time, I either woke up or I snapped out of the fog I was in. My heart was racing. Am I mad? Is that really such a crazy thought? Or is it the most sanest, common sense thing that should have taken place years ago?

I thought about this as I drank my tea and the COs passed out breakfast. “Are you gonna eat?” the CO asked. “No” I replied, and with my heart still racing I thought to myself, crazy or not, I say “let’s rock!”

On August 21st I was stabbed by a white supremacist while I was in full restraints. Though I didn’t know the man, I can’t help but wonder whether this guy thought I was someone else, or he was following orders from these tyrants (COs). It seems to be a common thing for prisoners to harm another prisoner, in the hopes of staying in the Correctional Officers (COs) good graces.

Anyways, I was sent to medical. While at medical the nurses glued up my wounds, with a liquid stitch. Without verifying whether I was internally bleeding or not, they decided to place me under 23 hour watch. The captain happened to walk in the room, and asked me how I felt. I told him I was having trouble breathing, and so he decided to overrule the nurse and send me to an outside hospital.

By the time I reached the hospital I had already lost 40% of my blood. I was bleeding internally in my lung, stomach, spleen, large intestine, bladder and bowels. Long story short, the surgery went well. I stayed in the hospital for about 3 weeks.

While I was there the COs tried to persuade me to be cool with them enough to not file a lawsuit. You see I was stabbed while in full restraints, and the officer watching us said absolutely nothing to aid me away from harm. It didn’t work because I’ve begun to take the proper steps in order to file a lawsuit against DOC.

They failed to properly search the other prisoner before allowing him to leave his cell, and while I was being stabbed the CO just sat there and watched. The whole situation just seems too funny to me. I don’t know the guy, I’ve never had any beef with a white supremacist, I’m not a rat and I’m in good standing amongst my LO.

But I was building with two comrades and was recruiting other POWs to file grievances on various issues within the DOC. I’m not into conspiracy theories but I can’t help wonder whether the system purposely allowed me to be harmed in the hopes of discouraging me from the revolutionary path. Nonetheless here I stand, still fighting for freedom no less.

MIM(Prisons) adds: We’re saddened but not surprised to hear this story of brutality and suffering caused by prison guards, and their subsequent attempts to stop a lawsuit that might expose this system. We commend this comrade for standing strong in the face of this violence. We know that our comrades in prisons often place their lives in danger just by advocating for peace and an end to injustice. This is an inevitable part of the revolutionary struggle and we must continue to expose these incidents in the pages of Under Lock & Key.

11 October 2011 - I want to keep you up to date on our struggles here in Calipatria State Prison in regards to the food strike. Personally I went 8 days before my body shut down. I lost 11 pounds and am still having a hard time re-adjusting back to normal. There are many men still striking and my heart goes out to them. My medical disorder (seizures) was really affecting my mind and body. I have been working on getting my mind and body back on track.

I am going to start writing letters to the warden and encourage fellow prisoners to do the same thing. I’m going to try my best to get done what I can for us men in here. I know this battle is going to be one hell of a struggle, but I’m going to do my best. I got 9 men on board and we’re very serious about the goal we set before us. If they take one of us, there will be someone to pick up where things are left off.

I appreciate your guidance and so do the rest of the men. I shared your pamphlet with every single man here and also wrote a “kite” addressing it to every active soldier. I understand it’s not going to be easy, but I strongly believe we’ll succeed in struggle together.

UPDATE: The coalition providing outside mediators for the strikers has reported that Calipatria prisoners ended their strike on October 15, two days after leaders in Pelican Bay had done so. While the mediators report that Pelican Bay prisoners believe their individual cases will be reviewed, the state says nothing changed in their plan to trigger an end to the strike. Either way, it is clear that the 5 demands are not being met.

I am one of the hunger strike representatives for the “northern” Mexicans. I just read your Under Lock & Key 22 and thought it was well written and very informative. Included here is an update on our situation here.

On September 29, 15 of the representatives were moved from the SHU and placed in administrative segregation (Ad-Seg). We still have not received any paperwork explaining why. But the acting chief Deputy Warden Cook came through and told us that we’re here because we’ve been “identified as leaders of the hunger strike.” He also said that we’d be receiving some kind of “incident packet.” I’m assuming this is a 115 rule violation report. This whole action, being placed in Ad-Seg, and the issuance of an incident packet, is in direct contradiction to CDCR spokeswoman Terry Thorton’s statement: “there are no punitive measures for inmates refusing to eat.” And we believe this is an act of retaliation for our peaceful protest.

Upon being rehoused, we were unable to bring any personal property with us. No addresses of family, friends or outside supporters, no personal hygiene, no legal material. (On October 6 we were issued some legal materials but not all of what everyone needed.) We were told that all our property was taken out of our SHU cells and stored in the SHU Property room where it is being searched.

Warden Lewis came through and told us that “as soon as you eat, I’ll move you back to SHU.” He also said, because we’re on hunger strike we have “no program coming.” That means no visits, no yard time, no law library and most likely no canteen. On the canteen, all of us ordered hygiene and stationary products, as we could not bring any with us. Some of us ordered beverages too (i.e. coffee, tea or coco) as we are on a solid food hunger strike only. While we do have access to a paging system with the law library where we can put in a request for a case or statue and they’ll send it to us, we have no access to certain materials that are only available at the law library itself. Several of us have active cases and this puts us at a serious disadvantage.

The cells are really cold (not sure if this is from lack of food). I’m usually fully dressed with a t-shirt wrapped around my head and a beanie on top of that and a sheet or blanket wrapped around my shoulders. Maintenance came through to check the air blowing out of the vents and slowed them down some (they were blowing kind of hard), but it’s still cold. Especially the outside wall. It’s sapping much of my strength.

The design of this Ad-Seg makes it difficult to get the attention of the control officer. In fact, it states in the orientation packet “due to the physical design and distance within this building, the control officer may not hear you. It is recommended that you communicate with the floor officers, and utilize request for interview forms whenever possible.” (Inmate Orientation Document, Administrative Segregation unit stand alone (ASU-1) Revised: Oct, 21, 2009) The cells have solid doors so it makes it difficult for us to hear a prisoner in the next cell. Our concern here is if someone falls out we may not be able to hear him. And, if we do, we may not be able to contact anyone for help. So, the question begs, if PBSP/CDCR are aware of this then why would they put us back here in our weakened condition?!

It took PBSP eight days to come and check our weight. According to CDCR policy dealing with hunger strikes, they were supposed to come and check our weight and vitals after 9 missed meals (3 days). (Health Care Services - Chapter 22). The reason why this is important, to have our weight checked as soon as possible, is because in most cases this becomes our starting point. Any weight we lost prior to being weighed (in my case, 18 pounds) may not be documented. CDCR can then manipulate these facts to make it appear like we haven’t lost that much weight. Recently, a registered nurse told us that as of September 29th a new policy was implemented regarding “mass” hunger strikes. Three days after we started, none of us has seen it yet.

Recently we were informed that two of our primary attorneys assisting in the meditations with CDCR were banned from visiting us (Carol Strickman and Marilyn McMahon). CDCR is claiming they are under investigation for assisting in a “mass disturbance.” No doubt they will be cleared of these accusations. It’s just another way of CDCR flexing it’s muscle to intimidate our outside supporters.

Post Script: On October 11 we did receive our canteen, hygiene and stationary products only, no beverages. [This was similar to the practice in Corcoran SHU where comrades were denied liquids and electrolytes.]

6 October 2011 - At the moment here in Calipatria State Prison in ASU about 100 prisoners are on day 11 of the hunger strike and we will be on it until the CDCR meets the demands of PBSP on how prisoners are validated through this torturous inhuman system.