Under Lock & Key

I believe if the California comrades looked at the DOC’s model over here it would help in presenting a more productive model for them to use in reform. They used to be able to designate us at will with no evidence. Now it goes by a point system. A tattoo is not enough to designate you alone. And when you finish the program here, there’s no debrief. You just have a piece of paper of renunciation; no information is needed. They have found ways to corrupt this process, of course, but it is a step up from what California is doing to our comrades.

Our mission is to put an end to these methods altogether, but I believe there are steps in that process. Not only should we be giving a list of demands, but also presenting a model for reform that honors our human rights as well as our due process rights.

MIM(Prisons) responds: California Prison Focus, a reformist organization focused on issues related to SHU prisoners, recently put out an issue of their newsletter almost entirely devoted to analysis and criticism of California Department of Corrections and Rehabilitation’s (CDCR’s) proposal for a new gang validation system.(1) The CDCR’s proposal rests on a point system similar to the one used in Connecticut. A point system might make it more challenging for prison staff to frivolously send someone to a control unit indefinitely, but only if the evidence used to calculate the points is disclosed. Another key difference in the Connecticut DOC’s system is that it lacks a debriefing process, and is therefore not as self-perpetuating as the CDCR’s.

It may be a tactical advantage to model our reforms off of those which have led to some improvements in other localities. This would depend on the conditions in each location and time. A point system is slightly more objective than the CDCR’s earlier protocol of identifying just three pieces of evidence, which were often kept secret as “confidential.” But as Ed Mead reports in Prison Focus,

The stated purpose [of CDCR’s proposal] is still to “prohibit inmates from creating, promoting, or participating in any club, association, or organization, except as permitted by written instructions.”(1)

MIM(Prisons) stands in strong opposition to this stated goal of the CDCR in our efforts to support prisoners in organizing themselves for democratic rights as a class and for self-determination of the oppressed nations.

The U.$. government uses the domestic injustice system to justify the denial of democratic and Constitutional rights to a growing segment of its internal semi-colonies. The recent CDCR proposal refuses to eliminate the use of secret evidence to put people in SHU, which is a denial of due process. Meanwhile, not only is SHU used to punish people for associating with others, but the recent proposal includes plans to expand the range of Security Threat Groups targeted for repression. If these policies were implemented for the overall population we would call it fascism. Organizing strategies of our comrades behind bars should reflect this reality.

What is so sinister about the debriefing process, why it has been a primary target of the anti-SHU struggle, is because the statements given are used as secret evidence to put others in SHU for indefinite sentences, translating to years if not decades, in long-term isolation torture cells. As long as this continues, and as long as prisoners are denied basic First Amendment rights of association then we see no progress in the “new” proposal.

MIM(Prisons) calls for the abolition of long-term isolation, as it is a form of torture that destroys humyn beings. In addition, the way it is used attacks whole nations by targeting leaders of the oppressed and isolating them from the masses. There are reforms that could weaken the second effect, but people would still be tortured unless control units are abolished completely. The proposed point system barely puts a dent in either problem and can hardly even be considered a reform. Therefore we stand with the broad consensus among prisoners opposing the proposal, and call on supporters on the outside to do the same to remove all legitimacy from the government’s attempts to keep the oppressed from organizing for any purpose.

The recent article in ULK23 titled Hunger strike strategy: tactical retreat or advance? raised some good ideas on how to move forward in the struggle for human rights in Amerikan prisons. We need to propose ideas and theory on the situation with the strike movement now more than ever. We need to develop a clear path on how to better strengthen our efforts. This development needs not just California prisoner’s attention but all prisoners across the United $tates to lend their voice to this debate no matter where their cage is at as oppression can be found in every gulag from sea to shining sea.

When prisoners participate in this discussion, many are able to take from this debate, learn and hopefully add to it in a real way. Some may use the ideas for their own battles or modify other ideas to work in their efforts. In this way ULK will serve as a message board or chat room for the captive masses. All this is of course good and healthy for any movement to grow, and I look forward to read up on new theory and add to the mix as well. It is expanding on thought for all and a “win win” for the people.

One of the things that came out of the article “Tactical Retreat or Advance” was calling on certain people or LOs to provoke their participation. Had ULK been a strictly internal document that only prisoners read then I would think ‘yea right on.’ The problem is that ULKs are read and heavily scrutinized by prison officials and law enforcement agencies, thus what may mean to be simple criticism becomes a serious breach. In California prisons - and I suspect it is the same everywhere - if prison officials find letters, prison kites, etc., with prisoners names and affiliations this can be used as “confidential information,” “proving” what they will call gang association. This will go into one’s file to be used as a point toward validation. By naming aliases along with the name of a LO, all investigators need to do is punch in the alias and the database will list those suspected of affiliating with a certain LO and connect the dots. So listing names and LOs of people other than oneself is feeding intel to law enforcement which will be used to later put people in SHUs for decades or life. To name names and LOs is harmful being that ULKs go through kops hands before reaching prisoners. We should find ways to criticize our fellow prisoners while protecting their identity, it’s not hard to do so.

Someone who may be new to ULK may read the naming names and wonder, is this writer sabotaging these prisoners ability to remain on the mainline? Is he trying to get them snatched up? So we don’t want to give mixed messages to people picking up a ULK of what we’re about.

I know many people who were validated because their last point was someone else wrote something about them, that they were affiliated with this or that group, and so I was surprised this was allowed to take place.

I read awhile back in a MIM Theory about a comrade who was at a rally or event, and this comrade spoke about how someone walked up and said something like “hey you’re from MIM, I knew the founder so and so.” Well this comrade and MIM wrote something about security and how we shouldn’t name comrades as this information gets in the hands of agents. Of course I know the difference between a LO and MIM, yet a LO faces repression in prison in the form of SHU.

If there is a “pig question,” I think it begs the question of can there be a “pig statement”? It’s something we need to look at and see if there really is a breach in naming prisoners without their knowledge in ULK. What is the damage that can come out of this? And should MIM(Prisons) allow it or partake in the same? I don’t think so. I remember another article a while back where someone did the same and called out people and identified their LO but I believe it was in NY. I’m not sure how prisons in NY deal with intel such as this but I am certain of how California prisons deal with it and I am sitting in SHU for stuff like that.

I think MIM(Prisons) has an excellent policy of not putting peoples real names in its publications. MIM(Prisons) says rightly it does not do so to protect prisoners from more repression by the state. I believe this should also pertain to prisoners writing about other prisoners as well.

I think there is a way to call out LOs without naming prisoners, and it is right to call on certain folks to encourage participation, but naming names is just too harmful. When we write we must always keep in mind it is being read by not just guards but the larger state as well. I myself would not want someone to write about me by name if they are putting an LO beside my name. This is why MIM(Prisons) does not print real names. It’s a matter of security. The pigs get a lot of intelligence on prisoners from their snitches who help them out, they shouldn’t get more help from prison revolutionaries nor revolutionaries out in society.

I think criticism is a good thing for all prisoners and this includes LOs who are a huge part in what occurs in many prisons. Revolutionary prisoners need to develop ways to criticize without doing damage. Writing is not just succumbing to subjectivism no matter how stressful it becomes. I fully understand the frustration that arises when people are right at the ledge and all they need to do is make that leap to freedom and here we are the prison revolutionary nudging and showing the path and yet it moves at a snails pace and so we put pen to paper to jump start what seems like a stalled engine. I get this and see where we need to go but still we must remember ULK is not an internal cable, it is literally on the world wide web. Let us move forward in our efforts while staying alert in all areas. People’s Power!

Editor of MIM(Prisons) responds: We thank comrade Cipactli for calling out this error in Under Lock & Key, and as editor i fully accept the criticism made. While any potential damage in that instance has been done, we are printing this publicly to correct any bad impressions it may have given people and remind all comrades of the importance of these issues. This was an opportunist error on my part that risked pushing away people that we hope to ally with, who never asked to have their names in ULK.

MIM(Prisons) agrees that it is dangerous practice for ULK to include people’s LO name and affiliation and we will edit articles in the future to remove this information. While we have never printed people’s real names, as Cipactli points out, this doesn’t matter if the prisoncrats can make the connection between a prisoner and their LO name. We don’t need to be helping the state with their repression, and feeding them information can have a real impact even when we are printing common knowledge.

This doesn’t mean people should stop calling out LOs or writing about them, but ULK writers need to be careful to never use a name that can be associated with an individual. We can talk about groups without connecting them to specific names, and we can address lines and practice without naming groups. As we build the United Front for Peace in Prisons this is particularly important: we must build unity, not divisions, amongst the Lumpen Organizations.

Greetings Comrades. I’m reporting from the Correctional Institution for Men in Chino. The fascist pig COs (correctional officers) are trying to validate a fellow comrade because of books he had in his possession. First they attempted to get him to snitch on who gave him the books. Now Investigative Services Unit (ISU) is holding him in isolation “pending an investigation” accusing him of being a member of the Black Guerilla Family. All behind books he was reading! The books he had were on the Black Panther Party, anarchism, Che Guevara, the Symbionese Liberation Army, etc.

MIM(Prisons) adds: Recent struggles in California have focused on the so-called “gang validation” process used to put people in torture cells for years and even decades. This is just another example that the process is a thinly veiled tool of political repression. While the carrot offered to Blacks in the United $tates has gotten quite tasty for our generation, the state continues to target Blacks who are seeking political education or doing political organizing.

I recently came across your newsletter and found it very interesting. I am in Ironwood State Prison - Administrative Segregation (ISP Ad-Seg). All should be advised that Hispanic prisoners are being targeted by Institutional Gang Investigations (IGI) in ISP for validation. Many of us were told to either inform or be validated. Myself and many others are validated on informants alone, and some on cultural drawings alone. It seems the state’s agents (Office of Correctional Safety) are rubber-stamping anything submitted by ISP-IGI.

MIM(Prisons) responds: Gang validation is just one of many tactics used by the prisons to divide prisoners and target activists. The threat to inform or be validated is common, and then false information is used to validate those political activists that the prison wants to isolate. This is another example of why MIM(Prisons) says that prison classifications do not define a prisoner’s revolutionary potential. Many informants walk in GP freely without anyone knowing what they did while solid activists are falsely validated or retreat to SNY. We must judge our comrades by their actions, not their prison-imposed classification.

They like to label us the “worst of the worst” and “California’s most dangerous” but in fact most of us are doing time for drugs or property crimes, and through CDCR’s blatant disrespect for the constitution and their failure to supply adequate appeals process, we are now forced to do all of our prison sentence. I’m fully aware that in San Quentin alone most validated SHU prisoners are first timers, have never been past the reception phase of intake, and are either here for drug related cases, vehicle theft, or burglary. These are not hardened convicts these are young males age 19-25 of all races, but the majority are Latino and Black.

Along with the mistakes that have brought them to this place, many here have made the mistake of freedom of expression by tattooing themselves with cultural pride. Those tattoos combined with their nationality get these prisoners validated as gang members when they first walk through the prison doors. Validated prisoners are not entitled to any good time credits, which means they serve longer prison terms than those not validated (more often white prisoners). So those of us validated straight from the reception center, in here for non-violent crimes (drugs or property theft), are not entitled to any good time credits. I was sentenced to 8 years, I must do all 8 years, but a convicted sex offender who is sentenced to the same amount of time is out in less than 6 years.

Due to an administration policy, most if not all of us who have been validated have never received a rule violation report for the alleged gang participation for which we are validated. What happens when the people who are in a position to assist in fixing the system only loosen the nuts more, so the pipes will break, because their family are plumbers!

This new realignment (in the name of reducing the prison populations) is hilarious. Now prisoners will stay in county jail, which means CDCR will have more room to house SHU prisoners, currently in San Quentin, Carson section. Right now we’re forced to stay in reception centers for up to 2.5 years before being transferred to a SHU.

I can 100% agree with the demands of Pelican Bay, and I really wish that those in San Quentin would look to them as an example to follow. The prisoners here in San Quentin participated in the hunger strike for one meal on the very first day of the strike in July.

All validated prisoners are part of the same struggle. Stop opposing each other because of separate beliefs, and start to truly unite as humans in the same fight for true justice!

MIM(Prisons) adds: This is a great addition to our recent review of The New Jim Crow, which discusses how the criminal injustice system targets oppressed nations for social control. However, we do not have statistics to support the author’s scapegoating of sex offenders. We have seen sex offenders do their full time and then be sent to a “hospital” where they will spend the rest of their lives locked up without being charged with a new crime!

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.

I am writing to you concerning a lawsuit which my defense team members are currently preparing on my behalf. It protests my false prison gang validation as an associate of the Black Guerrilla Family on December 31, 2009.

It is my position that this validation is solely motivated by retaliation and racial profiling due to my ongoing campaign to stamp out corruption involving some “Green Wall” correctional staff within the California Department of Corrections and Rehabilitation (CDCR) who are currently engaged in organized crime, which is a clear threat to the safety and security of all CDCR institutions.

I was recently responsible for disciplinary and employee discharges against three corrupted CDCR prison staff at California State prison - Sacramento, Salinas Valley State Prison, and High Desert State Prison.

Since my false prison gang process, me and my defense have come across strong evidence. Some corrupted “Green Wall” staff are very prejudiced and racist, sanctioning use of the false validation process for some Black, Brown and white prisoners, to pursue false prison gang investigations. Many prisoners have strong evidence of being wrongfully validated for reading materials on their culture. Institutional Gang Investigators have taken a race-based shortcut and assume anything to do with African or Mexican culture can be banned under the guise of controlling gang activities.

Any California prisoners who have relevant information on the false prison gang process should write to MIM(Prisons), to get involved in this case.

My purpose of this lawsuit is to shed light on this abuse of power and human rights violations, including torture tactics through criminal activities and organized crime.

I just completed my fourth reading of a pamphlet I received from you titled “Shut Down Control Units in Prison,” and I found it in step with my own thoughts on the subject.

Your interpretation on how prisoners are validated is right on point and I’m living proof of it, my validation was based on my being in possession of written materials and an image of a dragon. But the inept way in which I was validated isn’t what made me go into a state of frenzy, it was the fact that after being in the prison system for 12 years, prior to my being validated, I had no idea of what the validation process was. As one who spent a great deal of his time studying the rules and regulations of the prison system, I can only guess that the reason I overlooked the validation process is because I became too busy fighting to make a difference in other areas of the prison system, but now that I’m in the grasp of the demon I’m going to alter the hell he has pulled so many into.

After spending about a year in the SHU trying to figure out how the hell I was validated, I rolled up my sleeves and started working on how to not only get myself out of the SHU, but the multitude of others around me. But I soon found out that a large number of prisoners in the SHU feel so defeated that they have given up hope and become content with being in the SHU. Some have even become proud of being validated and don’t want to hear anything from me about what we can do to get out of the SHU.

One of the first cases that I started studying about the validation process is a case you wrote about in the pamphlet you sent to me which is the Castillo case. Now don’t get me wrong the case knocked on the door of change, but it should have kicked down the door. An example of what I’m referring to is the rule change requiring that a prisoner has to be in possession of items such as written materials or symbols on their body before they are placed in the SHU. But what the attorneys who represented Castillo didn’t ask the court to make a requirement of is that the CDCR must list the names of which written materials, tattoos and symbols are “gang related,” because as we now know the CDCR can say anything that they want is a gang related item.

I’ve written to the attorneys who represented Castillo, and one told me that they no longer work on prison cases and the other one who you wrote about in the article told me that he wanted $5000 to answer my questions about the Castillo ruling. So I filed a 602-appeal, and to make a long story short my appeal was shot down due to my filing it too late, and although that door was closed another one has opened and I’ll keep you updated on the outcome.

Another thing you wrote about prisoners being in the SHU that I agree with is how atrocious it is that a prisoner can be put in the SHU for a determinate term for committing a violent act, but a prisoner who has a tattoo, symbol or certain written materials in their possession will be put in the SHU without committing any violent action for an indeterminate term for a minimum of 6 years (this also is a stipulation that the attorneys for Castillo could have changed). In conversations that I’ve had with some Institutional Gang Investigators (IGI), they have agreed with me about the flaws in the validation process, but also said that it isn’t their responsibility to correct it. I can understand why they would say it, so myself and other prisoners must pick up the baton and run with it towards the finish line of change. It’s time for me to step down from my podium speaking about subjects you already have a full understanding of, so in closing I thank you for all that you are doing for those of us behind prison walls and I look forward to hearing from you again.

MIM(Prisons) adds: Check out our campaign against control units for more information on the fight against these torture chambers filled with people on false gang validations.