Under Lock & Key

On February 13th, 2022 it was announced via PA in East Block that there would be no yard due to holiday feeding. There was no state or federal holiday. It was just another Super Bowl Sunday. We’re being fed bullshit!

The deal is for second watch disrespectful sows to get an A.M. 7/11 lucky break before coming back to pass out lunch and dinner. Doing that might take an hour and the taxpayers eat the rest (comes with free-loading). Some of the second watch disrespectful sows will then join third watch and the game kicks off into overtime. The TV is set up in violation of 15CCR3394 distractions and the potluck tailgate assists close proximity in defeating the chance of a stable cohort – a violation of 15 CCR 3271, but no penalty?

As satirical as it may sound, this writing is an excerpt of events which did occur on San Quentin’s death row in East Block. Similar events as described above occurred in 2021 on Thanksgiving, Christmas, and New Year’s Day 2022. Deliberate indifference to your right to yard, your health, or anyone’s safety in general means NOTHING to these disrespectful sows and the court has acted more like a referee paid off by the opposing team.

Want your rights back?

A suggestion to those warehoused on San Quentin’s death row:

• Refuse housing cage staging and/or indoor congregate waiting rooms.
• Preemptively and immediately submit a 602-1 staff misconduct grievance against AW specialized housing for denying you safe access to appointments, visits, etc. simply because you refuse to ignore HC guidelines to practice social distancing – NOT possible in a holding cage/congregate waiting room AND an ultimatum in violations of 15 CCR 3271 if a valid concern exists.
• If response implies no indoor close proximity concern is valid, then demand normal outdoor daily yards program be reinstated in a 602-2 follow up grievance.
• Advise your PCP/MH clinician in writing on CDCR 7362 of your decision to follow HC guidelines to social distance and that custody refuses to comply resulting in you being denied safe access to HC/MH services and programs. Keep the yellow copy of that 7362 form for an official record.

*Doing this in conjunction with grievances citing other ways your card is being arbitrarily taken is a from of non-violent protest. SQ/CDCR’s response (or lack of one) creates an official record for future use.

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/}

So here we are in San Quentin’s death row experiment. The latest twist as we go head first into the COVID-19 pandemic may be described as a new method of execution. Many may not know most prisoners here die from something other than the “official” method of execution or that all sorts of ailments permeate the aging population. But saying the elderly here are now more at risk than before the outbreak would be an understatement.

As this report begins there are no confirmed COVID-19 cases among the death row population at San Quentin. There is however one confirmed case of the virus within the ranks of SQ staff. With visits suspended, the only remaining vector for COVID-19 is CDCR employees. They may bring it in to us without even knowing they’re infected or spreading it. So it’s only a matter of time until it spreads.

Despite knowing they are the only possible vector, SQ custody staff are not wearing N95 masks when “security” reasons require them to be within 6’ of death row prisoners. Instead of halting the spread by taking precautions, the higher ups set up a “window dressing display” that consists of pretending to be complying with Newsom’s shelter-in-place order by implementing a rotating yard schedule for death row. Half of East Block’s death row prisoners go to their 7 different yards one day, then the others (which includes 1 of 2 tiers in Donner Section) go the next day. That may sound like it facilitates “social distancing” but where prisoners are celled and which of those 7 yards each is assigned to, is not balanced in any way. One day we see upwards of 35 prisoners on some yards. The next day some yards have only 3 or 4. Again, don’t forget there are no COVID-19 cases among prisoners while the only vector is conducting those yards release/returns with close proximity to all of us, without N95 masks. That means the rotating yard schedule is in no way conducive to stopping the spread of COVID-19 among death row prisoners (or any of the other staff for that matter).

While nobody in any California prison is not at risk, death row prisoners at SQ are intentionally being put at risk when exposure is avoidable. Oh, by the way, as for those who may reason death row prisoners don’t deserve to be safeguarded from COVID-19, consider the fact that when we start taking up space in hospitals and precious spaces are being used up when this pandemic really takes off, you can thank the disrespectful sows and their lack of urgency regarding this national emergency for that.

[Update, Addendum] On the morning of 29 March 2020, it was announced over the P.A. system that medical quarantine is now in place and there will be no yard program. The reason for the quarantine is not yet confirmed but it only applied to death row. One corrections officer, on 30 March 2020, did supply a simple answer to the question about why there was a medical quarantine – a breakout of influenza not COVID-19.

Shortly after April Fool’s Day the Center for Disease Control (CDC) issued guidelines recommending everyone leaving their homes for essential travel to wear a cloth mask. That decision was made due to evidence that asymptomatic carriers of COVID-19 can be contagious 48 hours before exhibiting any symptoms [and many people are contagious and never end up showing symptoms at all - editor]. Unfortunately, instead of following CDC guidelines, the disrespectful sows employed by CDCr assigned to warehousing its death row population continue to snort in protest, refusing to wear a protective mask of any kind. Sicker than that, or at least close second, is the fact custody staff assigned to in-cell food service continue to be in willful noncompliance with California Heath and Safety Code 113969 Hair Restraints (see also 15CCCr 3052 (a)(f)). Consider the fact COVID-19 can be spread by asymptomatic carriers coughing, sneezing, talking or just breathing; common sense dictates – come on this isn’t brain surgery! These disrespectful sows walk handcuffed prisoners by the arm anywhere they go. So much for social distancing – no mask plus no 6’ social distancing equals: there’s no math involved!

Here’s another part of this Pestilence Pilot Program to be dissected: According to 15CCR 3274 Inmate Count and Movement “At least one daily count shall be standing count wherein inmates shall stand at their cell door, or in a dormitory, shall sit… during the designated count time.” So, if we just ignore 15CCR 3271 which requires “The safe custody of the inmates confined…” Demanding close proximity in the midst of a COVID-19 pandemic where CDC and California Health & Safety is being routinely ignored by the CDCr employees; it’s just another day at the office for the disrespectful sow counting inmates in between counting sheep (that is, if they’re not watching TV, playing cards, shooting baskets in the trash can or eating). Even among themselves, no masks, no social distancing, no respect and no common sense! Now here’s the funny part: any prisoner not standing at the cell door to be counter (and exposed) gets a Disobeying A Direct Order Rules Violation Report. Again, let’s not consider 15CCR 3274, oh, and that the cells are only about 10’ x 4.5’. Unless the bars are blocked or the prisoner is under the bunk, one can be seen and accounted for. That old ostrich with the head in the sand trick can’t be done!

And with that, the higher ups’ newest window dressing display features distribution of a 27 March 2020 memo telling inmates “all individuals [who] enter a facility… showing any symptoms of respiratory illness are not permitted to enter” and “[w]e are doing all we can to keep everybody safe” and they “will continue to follow CDC guidelines for responding to COVID 19.” (But not really.)

On 7 April 2020 the rotating yard schedule started up again. The only change is which side of East Block goes with the 1st tier of Donner. It’s a “same shit different day” scenario. There continues to be disproportionate numbers of prisoners on the group yards, which is not conducive to facilitating social distancing. When it was suggested that group yards be ran in a manner similar to SMY (Small Management Yard or walk alone “W/A”) it is met with mock confusion and resistance. There are around 100 prisoners assigned to W/A but there are only 31 cages (SMYs). So, to give all assigned to W/A a chance to go out, a list is made each morning by an assigned officer going cell to cell until the number of prisoners wishing to go meets the number of available cages. The next day the assigned officer begins the list where it became full the previous day. There is no reason the group yards should not be ran in similar fashion during the COVID-19 National Emergency. As employees should be wearing masks as recommended by CDC guidelines and the (A) Warden Broomfield 27 March 2020 memo claiming SQ employees must “Follow [CDC] guidelines for responding to COVID 19” shouldn’t allow common sense to be swept under the rug. Getting into compliance with CDC guidelines and limiting the number of prisoners allowed on each of the 7 group yard to 30 makes sense under current conditions. Unfortunately, making sense proves to not be high on the SQ administration’s list of priorities.

On 9 April 2020 the Director of the Center for Disease Control again announced that all employees (working in essential business) should be wearing cloth masks at all times. The CDCR22 [grievance form] sent to “AS of Specialized Housing (Death Row) remains non-responsive and CDC guidelines regarding masks continue to be ignored just as all other CDCR22’s on this and related topics have been since at least 29 March 2020. At this point in time the visiting restriction rules out the possibility any future infection to death row prisoners came from any source other than a CDCR employee not in compliance with CDC guidelines. Security cameras would reveal a few medical and custody staff do wear masks. It would also reveal most do not. Could this be an example of too little too late? It’s definitely an example of CDCR staff endangering themselves and others in their custody. Death Row prisoners at San Quentin cannot spread COVID-19 among themselves until CDCR employees spread it to them first.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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