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Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012




                        A Publication of The Pennsylvania Prison Society
 Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787

                                                                         

Volume 43 Issue 6             www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety                                             June 2012



   The Haves and Have-Nots: A Story of Inequality and Unfairness
                                     by Omar Askia Ali (Sistrunk), AF-0814, SCI Houtzdale

  I have often heard it said that the U.S. is the greatest                  the full force and weight of the system with a blatant
country on Earth. There is no doubt that it is a military                   disregard to fairness and due process.
superpower and, without question, it has shown flashes
                                                                              Imagine two first-time offenders. Both eighteen, and
of greatness. But at its core, the U.S. is a country grap-
                                                                            both arrested for the same crime — drug possession. The
pling with its conscience over how it treats certain seg-
                                                                            only difference separating them is that one is rich — a
ments of its citizenry: i.e., African-Americans, Latinos,
                                                                            “have,” and the other is poor — a “have not.” What hap-
and poor whites.
                                                                            pens next is sinister.
  It is no secret that there is an ever-widening chasm of
                                                                              The rich kid’s family attorney will usually resolve this
opportunity separating the rich from the poor, the
                                                                            problem at the arrest level and it goes no further, while
“haves” from the “have-nots,” in this country. According
                                                                            the poor kid’s court-appointed public defender won’t even
to an Associated Press article on the wealth gap be-
                                                                            show up until the preliminary hearing, or a few weeks
tween the rich and the poor, “the richest one percent of
                                                                            before trial. In most cases, the rich kid will be released
Americans have been getting far richer over the last
                                                                            with a slap on the wrist; the poor kid, unable to make
three decades, while the middle-class and the poor have
                                                                            bail, will be held until trial.
seen their after-tax household income only crawl up in
comparison.” It went on to say, “the distribution of after-                   Say, for some reason, the rich kid’s case makes it to
tax income in the United States was substantially more                      trial. He or she will have the best representation money
unequal in 2007 than in 1979.”                                              can buy. The poor kid, however, will have to make do
                                                                            with an underpaid, mistake-prone, overworked, indiffer-
  Another aspect of this chasm is the disparate treat-
                                                                            ent public defender. The rich kid will no doubt get a dis-
ment of the poor relative to the rich in the criminal jus-
                                                                            missal or the charges drastically reduced from felony to
tice system. Aside from the few Martha Stewarts and
Lindsay Lohans, who serve extremely short prison
                                                                                 (See Have and Have-Nots, continued on page 12)
stints or run in and out of court and county jail, but nev-
er do any time, and the Bernie Madoff anomalies, there
are few rich and wealthy people serving hard time in                                                  In this Issue
U.S. prisons.
                                                                             From the Editors, News ................................................. 2
  It is not that they don’t commit the same crimes as the
                                                                             Pass the Word ................................................................ 3
poor, they do. Rather, it’s because every system in the
U.S. is set up by the rich and wealthy (the “haves”) for                     Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4
their benefit. These systems tend to also keep the poor                      Legislative Highlights .................................................... 5
(the “have-nots”) at the bottom stratum of society.                          Legal Chat ...................................................................... 6
  The equation is very simple —the rich have money                           Think About It ................................................................ 7
and the poor have it not. Therefore, the system views                        Mailroom...................................................................... 8-9
the “haves” as valuable, important, and essential, while                     Bookcase ....................................................................... 10
seeing the “have nots” as inconsequential, and thereby                       Literary Corner ............................................................ 11
expendable. Thus, when a “have” comes into contact
                                                                             Our Voices .................................................................... 12
with the criminal justice system, every excuse, excep-
tion, consideration, and accommodation is made to                            Announcements ............................................................ 13
shield the offending “have” from prosecution and incar-                      Graterfriends Order Form ........................................... 14
ceration. On the other hand, contact with the “have                          Crossword ..................................................................... 15
nots” is always met negatively and prejudicially, with                       “The Last Word” by William DiMascio........................ 16

                                                                        1
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012




                                                                                                       News
                       From
                    the Editors
  The Pennsylvania Prison Society celebrated its 225th                                SUPPORT FROM THE HOME FRONT
anniversary on May 8. At the event we awarded Senator
Stewart Greenleaf with our Justice Award, an honor                                                       by Kim Angle
rarely given — and usually given to long-time board
members who have given so much to the organization.                            There are many organizations in Philadelphia that
This is the first time we have given it to a legislator. We                  work diligently to support those behind bars, to assist in
are very proud of the work Senator Greenleaf has done                        successful reentry, and work for much-needed changes in
in the past decade to help reform criminal justice in                        the criminal justice system. There is also a strong move-
Pennsylvania. He has realized the “tough on crime” laws                      ment on the part of the loved ones of the incarcerated to
are not working and believes there is a better way. He                       have a voice and to effect change. Two events held re-
also garnered a special proclamation from the Pennsyl-                       cently in Philadelphia help to demonstrate these efforts
vania Senate for the Prison Society’s 225th anniversary.                     and commitment.
For more information, please see page 9.
                                                                               The Pennsylvania Coalition for the Fair Sentencing of
  On page 7, you’ll read a story about one of Reginald                       Youth saw a standing-room-only crowd at the Friends
Lewis’s neighbors on Death Row at SCI Graterford —                           Center for a two-hour program on April 14. Agenda items
nicknamed “Bernie Mac.” Mr. Lewis and others look out                        for this inaugural gathering for family and friends of ju-
for this prisoner, who they all know is mentally ill. Mr.                    venile lifers included a description of the National Cam-
Lewis also wonders why he’s never seen a psychiatrist                        paign for the Fair Sentencing for Youth (CFSY), reflect-
visit with Bernie, and why the Pennsylvania DOC                              ing on the national and legal landscape, areas for family
spends so much money on those who are mentally ill and                       to take action, and individual stories. The testimonies of
could benefit from living elsewhere.                                         loved ones brought tears and inspiration to all in attend-
                                                                             ance. One 86-year-old matriarch attended with the assis-
  Last but not least, do not miss Executive Director William                 tance of a walker in support of her two grandsons, sen-
DiMascio’s “Reflections on Turning 225” on page 16. Our                      tenced as juveniles to life without parole 27 years ago.
long history goes back to 1787, when prominent citizens of                   She remains committed to getting her “boys” home.
Philadelphia, many who signed the Declaration of Inde-
pendence — going up against the strongest nation in the
                                                                              CFSY plans to meet regularly to develop a Philadelphia
world at the time — decided to visit prisoners in Philadelph-
ia and take a stand against the day’s harsh criminal code.                                     (See Home Front, continued on page 14)



                                                                             Letters more than a page in length (200 words) will not be
                                                                             published in their entirety in Mailroom or Legal Chat Room,
                                                                             and may be considered for another column. All columns should
                                                                             be no more than 500 words, or two double-spaced pages.
         EDITOR-IN-CHIEF: William M. DiMascio                                To protect Graterfriends from copyright infringement, please
            MANAGING EDITOR: Mindy Bogue                                     attach a letter stating, or note on your submission, that you are
                                                                             the original author of the work submitted for publication; date
 EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer                       and sign the declaration.
                  FOUNDER: Joan Gauker                                       If you have a question about Graterfriends, please contact
                                                                             Mindy Bogue, Communications Manager, at 215-564-6005, ext.
                                                                             112 or mbogue@prisonsociety.org.
Graterfriends is a monthly publication from the Pennsylvania
Prison Society. The organization was founded in 1787 and
works toward enhancing public safety by providing initiatives
that promote a just and humane criminal justice system.
This issue is made possible through contributions from our
readers and funding from Phoebus Criminal Justice Initiative
through the Bread & Roses Community Fund.                                                   245 North Broad Street · Suite 300
We reserve the right to edit submissions. Original submissions                                   Philadelphia, PA 19107
will not be returned. We will not print anonymous letters.                             Telephone: 215.564.6005 · Fax: 215.564.7926
Allegations of misconduct must be documented and statistics                                       www.prisonsociety.org
should be supported by sources.                                                        www.facebook.com/PennsylvaniaPrisonSociety

                                                                         2
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012

                                                                               The article seemed to also suggest that the communi-
                                                                             ties that prisoners would eventually be released into

                               Pssst…                                        were concerned regarding reintegrating former offend-
                                                                             ers. However, the prisoners themselves believe that they

                       Pass the Word
                                                                             have found the answer for all concerns. On March 22,
                                                                             2012, prisoners introduced, at the institutional level, a
                                                                             proposal that will not only prepare them for cognitive
                                                                             reentry under socially acceptable terms, but also give the
                                                                             communities a new sense of confidence in them. In addi-
         PRISONERS AGAINST VIOLENCE                                          tion, it would place the prisoner in a phase of maintain-
            by Nurriddin Bullock. AS-1035                                    ing responsibility under socially acceptable behavioral
      and Jermar Hines, EW-5823, SCI Houtzdale                               norms, and increase the likelihood that the offender will
               (Creators and Founders)                                       succeed when released.
                                                                               The fact that gang members are working together for
  Prisoners at the SCI Houtzdale, who are former and                         the first time with an initiative that’s designed to stop
New Day gang members of various ethnicities, have                            violence and associated behaviors is indeed an accom-
come together for the first time with an initiative to stop                  plishment, as well as a first step toward a resolution at
gang violence and behaviors that contribute to recidi-                       combating violent behaviors, and thus, recidivism. Each
vism. Our goals are in line with the Secretary of Correc-                    person can be proud of this accomplishment, and society
tion’s “Map Plot Course for Parolees.” We call it the Pris-                  can trust it.
oners Against Violence (PAV) Project.
                                                                               There is also a belief that if the superintendent at SCI
  The idea came together easily after reading an article                     Houtzdale denies their proposal, this could be a tremen-
that was written in the Patriot-News newspaper, intro-                       dous let-down. SCI Houtzdale has been notorious for
ducing Secretary Wetzel’s initiative to combat recidivism                    “gang-related violence.” Thus, if their initiative could
and allow for re-entry.                                                      bring the myriad of gangs together to stop violence under
                                                                             their own initiative, there is an even stronger belief that
  It is the prisoners’ belief that Secretary Wetzel’s “Map                   this initiative could be relevant statewide.
Plot Course for Parolees” is a new approach that will work
                                                                               “Can’t we all just get along?”
to stop one from re-offending. Additionally, it will prepare
communities for prisoners’ reentry in a more trusting way.                     Just say “Yes” to the PAV Project.


      REGARDING BANNED PUBLICATIONS                                          of his grievances, the Court lacked jurisdiction to provide
                                                                             an additional layer of review beyond the internal appeals
by George Rashaan Brooks-Bey, AP-4884, SCI Frackville                        process established by the Department of Corrections; (2)
                                                                             The Commonwealth Court also incorrectly held that, to
  In Brooks-Bey v. Doriha Varner, Chief Grievance Ex-                        the extent petitioner’s claims that his Constitutional
aminer, No. 322 M.D. 2011, the Commonwealth Court                            rights were violated by the confiscation or denial of the
ruled that prison grievances and misconduct decisions                        publications at issue, he summarily failed to establish the
are not subject to judicial review unless the case involves                  requisite personal involvement on the part of respondent
a constitutional right not limited by the Department of                      by establishing and maintaining a claim pursuant to Art
Corrections. To the extent that the petitioner is challeng-                  1, Section 7 of the P.A. Constitution and (3) the Common-
ing the respondent’s decisions denying his grievance ap-                     wealth incorrectly failed to state a claim or retaliation.
peals, the claim is dismissed for lack of jurisdiction, cit-
ing, Weaver v. Department of Corr., 824 A. 2d 750 (PA.                         The Supreme Court granted Allocatur and ordered Ap-
Cmwlth. 2003).                                                               pellant to file his brief on or before April 24, 2012, at No.
                                                                             2 WAP 2012 and for the attorney of the grievance exam-
  The Court further ruled, to the extent that the petition-                  iner to file his brief on or before May 24, 2012.
er avers his constitutional rights have been violated by
the confiscation and/or rejection of his publications, he                      I filed my brief on April 20, 2012 and as soon as the
fails to allege any personal involvement on the part of                      Supreme Court renders a decision I will share it with the
the named respondent.                                                        Graterfriends readers. This is an important case for all
                                                                             Pennsylvania prisoners who have had their publications
  Lastly, the Court ruled the petitioner failed to state a                   rejected by the Inmate Publication Review Committee
claim for retaliation and failed to aver facts necessary to                  (IPRC) and told by them their publication was rejected
establish that the publication policy is unconstitutional,                   because the content advocated, assisted or is evidence of
citing Yount v. Dept. of Corrections, 966 A. 2d 1115 (PA.                    criminal activity, facility misconduct, racially inflamma-
2004); Thornbers v. Abbott, 490 U.S. 401 (1989).                             tory material, or material that could cause a threat to
  I filed for Allocatur in the State Supreme Court argu-                     the inmate, staff or facility security; their publications
ing: (1) The Commonwealth Court incorrectly held that,                       might have been banned due to the IPRC’s own personal
to the extent the petitioner is challenging the disposition                                         (See Banned, continued on page 12)


                                                                         3
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012




                             Mrs. GE-6309
                                 Time
                                                                                  DEATH ROW
                                 by Reesy Floyd-Thompson
                                                                                           June Birthdays

                NO SUGAR REQUIRED                                              Jesse Bond                             Craig Murphy
                                                                               BZ-2493, GRA                           AY-2939, GRN
  I often hear prisoners’ wives comparing themselves to
military spouses. Early on, I too offered this analogy to                      Edward Bracey                          Donyell Paddy
help explain away the blank stares, in the context of:                         BU-0711, GRA                           CX-3459, GRN
“My husband is incarcerated, but it’s no different than                        John W. Brown                          Ernest Porter
his being in the military.” Sure, there are similar tenets:                    BP-1313, GRN                           AY-7434, GRN
partners are away from each other for extended periods;
families must figure out how to raise kids, maintain a                         Kevin Brian Dowling                    Rasheen L. Simpson
home, and create intimacy despite distance. Both rela-                         DY-6243, GRN                           CT-1781, GRN
tionships face difficulty with reintegration. That’s where
                                                                               Joseph A. Eilliott                     James M. Smith
the similarities end. For obvious reasons, prisoners’
                                                                               CA-1717, GRN                           AY-4901, GRA
wives do not receive the same respect as military wives,
and there’s another public distinction: military wives                         James Frey                             Paul Gamboa Taylor
stand by their partners, prisoner’s wives wait.                                GD-5345, GRN                           BT-2525, GRN
  When our partners come home, flags do not wave, TV                           Ronald Gibson                          Gerald Watkins
cameras do not appear, and friends may not even call to                        BQ-5220, GRN                           DD-5212, GRN
say, “Welcome home.” Our partners’ homecoming comes
with far less fanfare with some standing in line ready to                      Kenneth Hairston                       Herbert Watson
brand our family — dishonorable.                                               FA-9174, GRN                           AY-3075, GRN

  Mary Poppins said it best, “A spoonful of sugar helps                        Damon Jones                            GRA = SCI Graterford
the medicine go down.” Likening ourselves to a military                        AY-2893, GRA                           PO Box 244
partner tastes sweeter than admitting our actual situa-                                                               Graterford, PA
                                                                               Alexander Keaton
tion. When we try to convince someone our relationship                                                                19426-0244
                                                                               CM-9724, GRN
is (like) something else, it devalues the true definition of
                                                                               Emanual Lester                         GRN = SCI Greene
the relationship. Comparisons seek to offer explanations
                                                                               BS-0997, GRN                           175 Progress Drive
and justifications. The mere act of analysis diminishes
                                                                                                                      Waynesburg, PA
one side over the other.                                                       Glenn Lyons                            15370-8090
  The decision to remain in a relationship with someone                        KK-2323, GRN
incarcerated is far more than a function of the heart. We
take in to account the offense and whether or not it lines                     If you do not want your name published, send a letter to
up with who we are spiritually and morally. We factor in                       Graterfriends each year you do not want it to be included.
the long-term effects of the tenure of the sentence. We                        Be sure to note your date of birth.
ask ourselves if we have the mental fortitude to take on,
not only the separation, but also the perceptions and
criticisms we face. Once we conclude the relationship is                                    CROSSWORD SOLUTIONS
worth the hardship, the relationship is valid — nothing
else required. When we backpedal with the military com-                       Below are the solutions to crossword puzzles printed in this
parison, we wear away at the legitimacy of our relation-                      issue and the previous issue of Graterfriends.
ship, with each spoonful of sugar.
                                                                              May 2012                               June 2012
  Respect comes when we stand our ground and exude
pride by stepping into our true skin. The validity of our
lives is not in the likeness to another institution, but in the
unlikeness of it, and in embracing the notion that our lives
are different, not less — eliminating the need for sugar.
Reesy Floyd-Thompson is the founder of Prisoners’ Wives,
Girlfriends, & Partners (PWGP). For more information
about this group, please write Reesy at:
PWGP
P. O. Box 14241
Norfolk, VA 23518

                                                                          4
               The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012




                               Legislative Highlights
                                                                   Ann Schwartzman
                                                     Policy Director, The Pennsylvania Prison Society

The Pennsylvania General Assembly is focusing on the state budget. They have also voted on several criminal justice
bills. Here are several bills that you may find of interest. Please note that this list is current as of May 15, 2012.



 BILL NO.           DESCRIPTION                                                                 CHIEF SPONSOR                PPS POSITION
 PRINTER NO.


HB 61               States that private collection agencies must cease ef-                      Rep. C. Metzger             Oppose
                                                                                                R-Bedford and
PN 29               forts to collect fines, costs, and restitution from defend-
                                                                                                Somerset counties
                    ant after 48 months. Currently, the limit is 180 days.
                    (Passed House 6/23/11, 197-0; passed Senate 5/1/12,
                    41-4. Presented to the Governor 5/8/12.)



HB 1289             Provides for sentencing enhancement for trafficking                         Rep. J. Pyle                Oppose
                                                                                                R-Armstrong and
PN 3480             drugs in the presence of a minor. (Passed House
                                                                                                Indiana counties
                    5/8/12, 197-0.)



SB100               Amends Titles 18 (Crimes and Offenses), 42 (Judiciary                       Sen. S. Greenleaf           Support
                                                                                                R-Bucks and
PN 1668             and Judicial Procedure) and 61 (Prisons and Parole) of
                                                                                                Montgomery counties
                    the Pennsylvania Consolidated Statutes. Provides for
                    prison reform and justice reinvestment; sentencing and
                    guidelines via Pennsylvania Commission on sentencing;
                    court-imposed sanctions for probation violators; visita-
                    tion; providing for time eligibility for prerelease; provid-
                    ing for definitions in boot camp, State intermediate pun-
                    ishment, recidivism risk reduction incentive, county
                    intermediate punishment details; establishing the Safe
                    Community Reentry Program; and provides for the pow-
                    ers and duties of the Pennsylvania Board of Probation
                    and Parole and the Department of Corrections. (Passed
                    Senate 10/1//11, 50-0; In House Judiciary, vote
                    pending.)



                                                                                                Sen. S. Greenleaf           Support
SB 1454             Amends Titles 23 (Domestic Relations), 42 (Judiciary &
                                                                                                R-Bucks and
PN 2099             Judicial Procedure) & 44 (Law & Justice) of the Penn-
                                                                                                Montgomery counties
                    sylvania Consolidated Statutes, providing provisions
                    recommended in the recent Joint State Government
                    Commission Report on The effects on children of incar-
                    cerated parents. It includes: in proceedings prior to peti-
                    tion to adopt, further providing for grounds for involun-
                    tary termination; in juvenile matters, further providing
                    for disposition of dependent child; and adding provisions
                    relating to certain arrest protocols. (In Senate Judici-
                    ary 4/5/12.)




                                                                        5
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012

                                                                             crime but neglect to present said evidence within 60
                                                                             days, you have no recourse to get out of prison. Senate

                  Legal Chat                                                 Bill 1153 seeks to change that. To keep an innocent man/
                                                                             woman in jail is a “miscarriage of justice”!
                                                                               Governor Corbett’s spokesman, Eric Shirk, said that
                                                                             Corbett opposes the bill because it would be difficult for
                                                                             courts to assess who is “factually innocent” because the
                                                                             term in the bill is undefined! The Governor’s office is an
                                                                             ELECTED position! (Pa. Law Weekly, Vol XXXV, No.13).
                  LEGAL REASONING
                                                                               Keep this in mind the next time you shrug off the im-
  What is “Legal Reasoning”? To understand it, we must                       portance of politics and how it adversely affects our in-
ask ourselves: What are the methods by which law is                          carcerated lives!
made, developed, and applied? How do concepts of law
                                                                                                                         Terrance Washington
operate within the world of legal decision making, affect-
                                                                                                                        DN-3858, SCI Somerset
ing the thought process of lawyers and judges? To un-
derstand the context of legal reasoning, we must under-
stand the rules of legal thinking. There’s a thinking and
logic in the practice of law and we must learn to com-                                 UNPUBLISHED POLICY REVISION
municate with the court through that thinking and logic.
Such thinking involves an awareness of legal precepts                          There has been an unpublished policy revision to DC-
and principles underlying the process of legal reasoning.                    ADM 803 under “postage and copying.” A “Petition for
It’s a methodology of thinking in principles.                                Review” to respondents is the only legal document to be
                                                                             served by certified mail, return receipt. In Grievance
  Legal reasoning is premised upon application of princi-
                                                                             #380751, I cited that the “return receipt” requirement in
ples formulating rules of law governing categories of
                                                                             department policy actually contradicts State Law, Pa.
facts. It’s an intellectual process of adjudication involv-
                                                                             Rules of Appellate Procedure 1514C dictates certified
ing legal precepts premised upon principles applied by
                                                                             mail only. The Chief Grievance Office at Central Office
the judge to justify his/her decision. Just as there are
                                                                             upheld my grievance, stating “Policy will be reviewed
articulable rules of reasoning, there are rules for the
                                                                             and necessary changes made.” Yet, three months later,
identification and formulation of the principles that are
                                                                             here at SCI Albion, they tried to enforce the return re-
the tools of such reasoning. Legal precepts formulating
                                                                             ceipt requirement, citing they were unaware of this
general rules of law apply categories of facts.
                                                                             change. Without the revision, we were forced to spend at
  The basic pattern of legal reasoning is reasoning from                     LEAST another $4.60 of our money. That, to some, is a
case to case. Like cases are to be decided in like ways                      serious deterrent, which I believe was the basis for the
because the same principle controls the decision:                            department inserting that requirement. Please notify
                                                                             your business office and mailroom of the change and cite
   1. Similarity is seen between cases (Facts).                              grievance 380751. Together as a united front, we can
   2. Rule of law in first case is identified (Principle).                   make a difference.

   3. The rule of law is made applicable to second case                                                                      Darren Gentilquore
      (Reasoning).                                                                                                          GX-1572, SCI Albion

  Thinking in principles is the key to understanding legal
reasoning. Legal principles and doctrines are the tree, case
law is its fruit. Educate yourself to protect yourself. Order
via I.L.L. The Myth of Legal Reasoning 40 MD. L. Rev. 338
(1981), Logic for Lawyers 13 PAC. L. J. 59 (1981).
                                           Frederick T. Ray III                 When submitting a letter or
                                          GF-2852, SCI Greene
                                                                                 column to Graterfriends for
                                                                              publication, please remember to
         THE IMPORTANCE OF POLITICS
                                                                               attach a letter (or note on your
  To all those who think that politics and voting don’t                           submission) that it is for
mean anything, dig this: State Senator Stewart Green-
leaf and seven co-sponsors are trying to pass/introduce                       publication and that you are the
Senate Bill 1153, which would extend the time period we
could file petitions with new evidence that could show                         original author; date and sign
that we’re ACTUALLY INNOCENT.
                                                                                the declaration. Thank you.
 As it stands now, if you are actually innocent of your

                                                                         6
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012

                                                                             the policy of the Dept. that every individual committed

                                 Think
                                                                             to its custody shall have access to a formal procedure
                                                                             through which to seek resolution of problems or other
                                                                             issues of concern arising in the course of the confine-

                                About It
                                                                             ment;” and (3) Policy 3.1.1. (Fiscal Administration)/IV.K
                                                                             (Inmate General Welfare Fund/IGWF), which consists of
                                                                             non-appropriated funds — from various sources —
                                                                             “solely for the benefit of inmates.” It is composed of coun-
                                                                             cil members responsible for: making decisions based up-
                  FALLEN CITIZENS                                            on the best interest of the beneficiaries of the fund
         by Torrey Real, EL-1916, SCI Frackville                             (inmates); and developing an annual budget. Each facili-
                                                                             ty “shall” bring select inmates into the operation of the
  They say we are the non-producing members of society,                      fund at each facility, and “post a monthly statement of
the criminal element, lower percentile. I believe that the                   fund [activities] on all inmate bulletin boards…”
problem is due, in part, to lack of education and aware-                       Now, I’ve surveyed a few dozen of my fellow communi-
ness. Still, I look around my current surroundings and                       ty members (inmates). And it wasn’t shocking to learn
see men who are supposedly in a sober frame of mind, but                     that over 90 percent of them didn’t know what IGWF is.
there seems to be a lack of interest in our social environ-                  Why? Maybe for some of the same reasons I didn’t: it’s
ment or community. Yet, we wonder why things are still                       not advertised or broadcast. The inmates appointed don’t
bad, and steadily getting worse.                                             represent (in a sense of election) the population, our in-
  The DOC has very detailed policies that govern the                         put isn’t sought, properly recorded, or thoroughly argued
standard of our incarceration. Although they pertain to                      in meetings, and so on. No one, besides me, seems to care
rules, procedures and expectations of conduct, these poli-                   or take interest!
cies work both ways (toward staff and inmates, alike),                         The solution I propose — especially at my facility—is
and most are for our benefit. It’s up to us (inmates) to                     for people to stop being reactive and to start taking a pro-
properly utilize the resources available to us (education,                   active approach to constructively seeking ways to benefit
grants, etc.).                                                               from the tools (IGWF, etc.) we’re given. One idea or ex-
  I’d like to share a few of the things that I’ve come                       ample would be to spend the IGWF funds toward voca-
across, and what ideas I have concerning them, beginning                     tional programs like “Pen American Center,” which offers
with: (1) Policy 7.2.1/section 3. (Request Slips) B. (Staff                  writing trades to prisoners. There is very little offered to
Responsibility) 1, which states, “Staff receiving a DC-                      inmates who already have diplomas or have obtained a
135A [must] respond to the request within five working                       GED. There are lots of other ways to appropriate funding.
days;” (2) DC-ADM 804/III. (Policy), which states, “It is                    Just be creative. But we must get involved.




           MY NEIGHBOR, BERNIE MAC                                            “How you doin’ today, Salahud-din?” He calls me by my
                                                                             Muslim name. “I’m fine,” I reply. “How you doing today,
     by Reginald S. Lewis, AY-2902, SCI-Graterford                           B?” He also likes it when I call him “Big ‘Nard.”

  Among the numerous policies implemented by the                               “Salahud-din. You got any coffee?” He asks politely.
Pennsylvania Department of Corrections, one requires                           I pass him coffee through the bars. I know what’s com-
Security Level 5 Inmates to move to a new cell every 90                      ing next.
days. This is one rule the peaceful Old Heads on Death
Row dread. Having to move next to some idiot always                            “You got any cookies?”
running his mouth, trying to act tough, cursing, blasting                      We personally memorize the names of every inmate on
his television and radio.                                                    the block and lock them in for future reference. Bernie
                                                                             Mac used to flood his cell when he couldn’t get anything
  So when they moved fellow death row inmate Bernard
                                                                             to eat — so the administration finally took his television
McGill next door to me, the tightness in my chest loos-
                                                                             and radio to prevent him from electrocuting himself. But
ened. He is one of our more mentally unstable brothers,
                                                                             he has his own internal entertainment center. From his
who suffers from multiple personality disorder or schizo-
                                                                             cell I hear vicissitudes of sounds and voices that rise and
phrenia. But he is unfailingly polite and respectful. The
                                                                             fall, depending upon his mood. His tough, gritty voice is
administration probably moved him to G-Wing because
                                                                             an inflection of the musical assonance of rappers Jah
they know we’ll look out for him. You see, he has a fero-
                                                                             Rule and DMX: a hypnotic euphony anchored on a swirl-
cious appetite.
                                                                             ing vortex of driving rhythms. The defiant lyrics of Tupac
  We call him “Bernie Mac” because he puts his food hus-                     Shakur spitting tragic, Shakespearean tales of love and
tle down. He’s turned panhandling into a fine art. He                        pain and social injustice.
hits me up almost everyday — but I don’t care. He’s al-
ways grateful and thanks me profusely.                                                         (See Bernie Mac, continued on page 14)


                                                                         7
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012


                                                                               Allen, the son of the Rev. Frank Dick and Nora Allen,
                                                                             is a graduate of Lincoln High School, Rhema School of

                              Mailroom                                       the Bible, St. Francis College, Berean Bible College,
                                                                             Global University, and Calvary Christian Seminary,
                                                                             where he has earned degrees in Business Administra-
                                                                             tion, Education, and Theology. The author of several col-
                                                                             legiate texts, including A Survey of the Old Testament,
                                                                             New Testament Survey, and The Moses Style Ministry,
                                                                             he earned his ThD in May 2012 with a concentration in
         RE: INAPPROPRIATE BEHAVIOR                                          Biblical Theology and Hospice Ministry from Calvary
                AT SCI MUNCY                                                 Christian Seminary, South Bend, Indiana.

  I’d like to thank sister Dana Lomax-Williams, OP-2742,                       In addition to his educational pursuits, Dave has spent
for the very powerful message.                                               his 28 years of incarceration in service to his fellow in-
                                                                             mates, serving three terms as the president of the Altar
  Yes, sisters. It’s time to let your voices sound off as                    Rock Jaycees and two terms as the president of Hunting-
well. Stand firmly in what you believe in. God will give                     don Literary Council while housed at SCI Huntingdon,
you the grace you need. Thanks to sister Dana Lomax-                         and two terms as the president of the Phoenix Group
Williams for speaking out. Your courage is appreciated.                      Organization at SCI Greensburg.
So many are afraid; every word was the truth.
                                                                                                                            Thomas Dougherty
 God bless all the sisters.                                                                                           GB-6452, SCI Greensburg
                                            Paulette Carrington
                                           OO-5801, SCI Muncy                             LACKAWANNA COUNTY BLUES
                                                                               I am a state prisoner from SCI Dallas and I’ve been sent
                          RESPECT                                            here to Lackawanna County Prison, like 49 other prison-
                                                                             ers from Dallas State Prison. I have just a few months to
   I look out my window and see a goose sitting on her                       go, to max, but I want to make the pitiful treatment of the
nest. The nest is on the ground approximately 50 feet                        prisoners in Lackawanna County Prison known.
from my window. It’s on the other side of the yard next to
                                                                               This is all about financial gain and profit for SCI Dallas
D-block. I’m housed on C-block. I observe how the in-
                                                                             and this county prison. I’ve never been in a prison that
mates and goose react to each other as the footsteps and
                                                                             doesn’t give prisoners milk in the morning with their
images approach the nest. There’s no spreading and flap-
                                                                             breakfast. No milk at all, with any meal! They make sure
ping her wings or flying at them. They look at the goose
                                                                             that you get juice that is made in the prison kitchen with
sitting there incubating her eggs to sustain her way of
                                                                             every meal. This place is the pits. This is a maximum
life. They do not disturb her! It pleases me to see respect
                                                                             security prison: controlled movement, 22 hours on a
shown to the goose. I wish we could have shown the same
                                                                             small 14-cell block with two hours of recreation time in a
kind of respect to the victims of our crimes and to society.
                                                                             yard that is the size of SCI Dallas RHU yards (THAT’S
  At the same time, I wish society could have shown that                     SMALL!) The library has no books in it, just a couple of
same kind of respect to some of us. An example of society                    computers. They strip you of everything before you get
not showing respect to all its citizens is what is happen-                   here so that once you’re here, you’re forced to spend your
ing to Trayvon Martin’s family in Sanford, Florida.                          money on the things that you need, like cosmetics and
                                                                             food from commissary (and the prices are extra, extra
  The point is that inmates can learn to respect “life, liber-
                                                                             high.) They even strip you down out of your boots or
ty, and the pursuit of happiness.” Like the goose shifts
                                                                             sneakers, so that everybody walks around with prison-
direction from time to time when sitting on her eggs, in-
                                                                             issued shower slippers.
mates can change their course of direction — especially
those who were imprisoned during the latter part of the                        Phone calls from here to Philadelphia cost $13 for
‘60s and earlier part of the ‘70s. Some of these seniors no                  twenty minutes of phone time. If you came here with
longer pose a threat to society and, in my opinion, no long-                 your own medication that was issued, say, up at SCI Dal-
er belong in prison. This is simply a matter that society                    las, they discontinue it so that you pay $6 to receive it
needs to look into. Otherwise, society is doing itself and                   again. They have us SCI Dallas prisoners scattered
these changed men and women a grave injustice.                               throughout the prison, on different blocks, mixed in with
                                                                             the county inmates.
                                                    Earl Box
                                                                               What did we do to deserve this treatment? Oh, I know.
                                      AK-2618, SCI Graterford
                                                                             For some of us, we are getting close to our maximum
                                                                             sentence. For all of us, they’re making room for the pris-
   CONGRATULATIONS TO DAVID M. ALLEN                                         oners that are coming back from Virginia. They should
                                                                             have never been there in the first place.
 I would like to extend congratulations to my friend                                                                          Steven Walker
David M. Allen for earning his doctoral degree.                                                                     Lackawanna County Prison

                                                                         8
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012


  AN OPEN LETTER TO SECRETARY WETZEL                                         All checks may be sent to:

                                                                             Attorney Matthew Weisberg
  I suppose congratulations are in order for your appoint-                   7 South Morton Avenue
ment as Secretary of Corrections. You have inherited one                     Morton, PA 19070
of the largest cesspools in America today. You are now
king of the world of suppression, and 52,000 of us are                       You must put "Fight AWA" onto the memo section of the
wondering once again how one man thinks he can change                        check, so that the attorney can separate it!
the system — a vengeful system that supports loss of
dignity, freedoms, and identity. All this in the name of                     The attorney's contact number is: 610-690-0801.
penological interests, injustice licensed by the legislature
and enforced by the courts and your minions in uniform.                       Additional questions can be directed to: Frank
                                                                             (volunteer) at reformpennsylvanialaws@yahoo.com or
  Sorry we missed you recently on your tour of the grounds.
Hope that everything was to your satisfaction. They had us                   RSOL
spit polish everything. Did we disguise the true milieu of                   P.O. Box 45756
the institution as we were ordered and forced to do? Did you                 Philadelphia, PA 19149
enjoy your meal? We did not like ours.
                                                                             RSOL is a volunteer organization attempting to change
  What are your true aberrations [sic]? Will you use us                      laws that do not work. We are not a legal aid organiza-
as many before you for political aspirations? With your                      tion, and we cannot offer any legal advice.
staff’s parasitical unions playing on the fears of the pub-
                                                                                                                             Submitted by RSOL
lic and the parole board operating with no oversight, I
wish you luck in your quest.

  Bleeding out from the slashing of educational budgets
and programs; where will it all end? I counsel men every
day on patience, men that have made parole and await
release; for some months, and others years. The Pa. DOC                            PRISON SOCIETY PRESENTS JUSTICE
is under the microscope of the Federal Government for
abuses of inmates and staff. You know these actions are                             AWARD TO SENATOR GREENLEAF
commonplace and true, and we wonder about your sanity.                           At an event in Philadelphia on May 8, Senator
                                                                               Greenleaf was presented with the Pennsylvania Pris-
  If you truly believe in what you have been quoted in                         on Society's Justice Award for his steadfast support
the papers as saying, then it is with respect that I say,                      of prison reform. The award was presented during
“Thank you for wanting to do the right thing. Welcome to                       the organization's 225th year anniversary celebra-
Little Bighorn.”                                                               tion. The Senator is only the third person to receive
                                                                               the Justice Award.
                                         Jeffery Neal Saxberg
                                      DX-5126, SCI Camp Hill                     Senator Greenleaf has led efforts in the Pennsylva-
                                                                               nia Legislature for a number of years responding to
                                                                               the state's prison overpopulation crisis driven by
                                                                               years of harsh punishments for non-violent drug of-
REFORM SEX OFFENDER LAWS.ORG (RSOL)                                            fenders. The Senator is currently working on legisla-
 FILING LAWSUIT AGAINST PENNSYLVANIA                                           tion (SB 100) that would enhance Pennsylvania's
                                                                               alternative sentencing programs for non-violent of-
                                                                               fenders and improve rehabilitation and community
  RSOL (Reform Sex Offender Laws.Org) is seeking do-                           re-entry for inmates.
nations from all offenders and their family members for
a lawsuit that is going to be filed against the state of                         "I am truly honored to receive this recognition from
Pennsylvania. This lawsuit will be challenging the Adam                        one of the most highly regarded advocacy organiza-
Walsh Act (Senate Bill 1183), which was recently signed                        tions in Pennsylvania," said the Senator. "I am proud
into law by Governor Corbett. It is imperative that all                        to have the opportunity to work with the Prison Soci-
offenders and their family members band together on                            ety on issues that are so important for humanity and
this issue. This law is very serious and is detrimental to                     the future of our state. The important progress that
the rights of everyone involved. This law will drastically                     we are making today is a direct result of their hard
change every offender's current registration scheme. It is                     work. And not only do they have a profound impact
imperative that we challenge this law!                                         on public policy, but their wide network of staff and
                                                                               volunteers who visit and work with inmates truly
  We understand the tough economic times that everyone                         turns lives around. Rehabilitation programs within
is currently facing, along with their status as a sex offend-                  prisons are just as important as good law enforce-
er; however, any donation that you can make is better                          ment in keeping our streets safe."
than nothing. All donations will be confidential, and your
information will not be divulged to any third party.

                                                                         9
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012

                                                                            this trend to the creation of the Pennsylvania Commis-
                                                                            sion on Sentencing. Writes Sprecher: “On average, a new
                                                                            penitentiary was built every ten years in the twentieth

                        Bookcase                                            century. The passage of mandatory minimum sentencing
                                                                            began in the late 1970s. But since the creation in 1982 of
                                                                            the Pennsylvania Commission on Sentencing, the Com-
                                                                            monwealth added nearly one new prison each year for
                                                                            the next two decades instead of one prison every decade:
                                                                            a tenfold increase.”
   BOOK REVIEW: JUSTICE OR JUST THIS?
       A CONSTITUTIONAL TRESPASS                                              A quick and readable 140 pages, the volume also con-
     BY HON. JEFFREY KENT SPRECHER                                          tains a helpful glossary of basic legal terms pertinent to
                                                                            Pennsylvania law. Sprecher’s writing is clear and acces-
  Book Review by Danielle Collins, Editorial Assistant                      sible, though his outrage at the injustice of the current
                                                                            system becomes increasingly palpable as you turn the
  Trial Court Judge Jeffrey Kent Sprecher isn’t the first                   pages. The author loses a bit of his focus in later chap-
to identify and articulate the relationship between sen-                    ters as he includes a lengthy section about corporate
tencing, judicial independence and over-incarceration in                    misconduct and makes marginally relevant references to
Pennsylvania. However, his position as a veteran Berks                      20th century history. His attempts to draw parallels be-
County judge might make some more sympathetic to the                        tween Nazi fear-mongering in pre-WWII Germany and
passionate and reasoned plea contained in Justice or                        US political overreaction invite skepticism, but the
Just This? A Constitutional Trespass. Sprecher, who has                     warning is sound given the magnitude of mass incarcera-
twenty years of experience on the bench in Reading’s                        tion in this country.
Court of Common Pleas, gives a historical and anecdotal
account of the creation of the Pennsylvania Commission                         While citing statistics and offering a historical account
on Sentencing and the far-reaching impact of the man-                       for the deterioration of criminal justice in Pennsylvania,
datory minimum sentences the Commission imposes.                            Sprecher intersperses personal stories and thoughts that
Sprecher links this phenomenon to the decline of judicial                   illustrate his sense of frustration with the current sys-
independence and discretion in Pennsylvania, noting                         tem. This view from the “other side” of the bench is illu-
how legislators bend to political pressure in imposing                      minating and helps communicate the author’s anger at
harsher sentencing laws that strip judges of the ability                    handing down sentences he believed unjust. While much
to decide sentences they deem appropriate.                                  of the data contained in Justice or Just This? is available
                                                                            elsewhere, the book is worthwhile just for the uncensored
  In Justice or Just This?, Judge Sprecher lends his                        reflections of a veteran judge in the twilight of his career.
voice to the multitude who have noted the disproportion-
ate impact of the war on drugs on racial and ethnic mi-                     To order this book, please send a check or money order for
norities. This discrimination plays out in numerous                         $24.95 ($19.95 + $5 S&H) to:
overt and covert ways, but serves to ensure that African
American and Latino youth are more likely to be caught                      Hon. Jeffrey Sprecher
and punished for committing the same crimes as whites.                      P.O. Box 884
Sprecher comments on the growth of prison as an indus-                      Reading, PA 19601
try in Pennsylvania over the past 30-40 years, linking




                                                            IN MEMORIAM
We regret to announce that Graterfriends contributer Jon Yount (AC-8297, SCI Greene) died in late April. We appre-
ciated his work to keep other prisoners informed of various criminal justice issues through his articles here in
Graterfriends. In honor of his passing, Jeffrey Neal Saxberg (DX-5126, SCI Camp Hill) has written these words:

                                               Sentenced To A Life Of Castigation.
                                           A True Pundit Who Stood Up To Retribution.
                                                 I’ll Never Forget Your Lessons.
                                             Finally May Peace Be With You Brother.

Also, Samuel C. Stretton, an attorney in West Chester, Pa., wrote us saying, “You know Jon Yount and I know him.
He and I worked on many cases together. I believe you actually gave him an award through the Society…It is just a
great tragedy.”


                                                                       10
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012




                                                             Literary Corner


          MESSAGE TO THE BLACK MAN                                           So try to work harder…so you can be smarter
                                                                             Then you can take charge and get the things that you oughta
         by Paul Perry, AF7966, SCI Graterford                               Be a model for success… not a demon bringing death
                                                                             To your community… we’ve got to get some unity
To be a real man takes more than heart
To win the game of life you’ve got to be smart                               If you gotta die… don’t die for no lie
With information you gain, succeed and maintain                              You’ve got a mind with the power to take you sky high
To find solutions to your problems you must use the brain                    Who’s intellectually inferior…Who’s superior to you or me
                                                                             As far as I can see…we just got caught in the mix
You need money for honey… So don’t be ridiculous                             Of some sophisticated tricks…so if your life is messed up
To accomplish your mission you must be meticulous                            Then get it fixed
Gather the data, be a smooth operator. The more you learn
The greater you earn… Troubles will burn… You turn                           Make a decision…It’s time to take a stand
Your world into a pearl                                                      This is a message to the black man

So stop fantasizing… and start visualizing                                   Brothas don’t wait for fate to take you on a blind date
A future that will take you to a brand new horizon                           Take command…and try to understand
Don’t dress to impress… work hard to be the best                             The future of our people is in your hands
At whatever you do
                                                                             Like a move in chess that could have took you to victory
‘Cause when you get good… you get real respect                               You’ve got choices in your life that you don’t even see
When you master your game… you get a seven digit check                       If we keep a negative focus…Oppression will just croak us
Try to specialize in whatever you can                                        It ain’t too late… f___ that other hocus-pocus
Acquire some knowledge that will put you in demand
                                                                             You can still win your case…just back up and retrace
Make a decision… it’s time to take a stand                                   The history of blackness is written in your face
This is a message to the black man                                           Remember Martin, Malcolm, Marcus, Steven Beko
                                                                             Geronimo Prate, John Jackson, Antonio Maceio
Don’t play yourself cheap… your mind’s not weak
Stop living in darkness… walking in a deep sleep                             They were only a few… of the many who knew
Open your eyes… Wake up and be alive                                         The power of the black man and what he could do
Start living… Don’t merely survive                                           We had great civilizations, mighty African Nations
                                                                             Great thinkers and healers, artists and builders
If you think you’ll get over with a gun in your hand
Realistically… statistically… bad plan                                       We were all that and more…but that wasn’t the end
‘Cause in the criminal game of slinging drugs to make a name                 We had it all before and we can have it again
Life expectancy is short… or you’ll end up in court                          So don’t learn about our own past…then just be poor
Facing ninety-nine years ‘cause you never really thought                     filled with hate
                                                                             Use the knowledge you’ve gained to self-motivate
You’ll be on the news… and you’ll be crying the blues
Pop goes your life…game’s over…you lose                                      The purpose of my message is perfectly clear
Roll correct brothas…Get your life in check                                  Be intelligent black man… and you can make it anywhere
Formulate a plan… and put it in effect
                                                                             THIS IS A MESSAGE TO THE BLACK MAN
Be creative… innovative…self educated
Only positive minds can deal with the times
You can live your life in riddles or make it a rhyme

We’ve got to think collectively… cause sometimes subjectively
Is not enough… Life can be rough
But when we roll in together we’ve got some powerful stuff

                                                                        11
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012


                                                                             Have and Have-Nots continued from page 1




                  Our Voices
                                                                             misdemeanor, or will win an acquittal. The poor kid will
                                                                             not fair so well. His or her public defender will invariably
                                                                             advise him or her to accept a plea bargain regardless of
                                                                             innocence or guilt. If the poor kid goes to trial, the public
                                                                             defender, as usual, will fail to investigate and make nu-
                                                                             merous mistakes and cause a verdict of guilty.
      A HOUSE DIVIDED CANNOT STAND
                                                                               Recently, it was reported in the Philadelphia Inquirer
        by Brandon Bloss, EX0188, SCI Somerset                               that, “Scores of capital murder convictions in PA have
                                                                             been reversed or sent back because of error by defenders,
  I am writing this letter in regards to all the bickering
                                                                             whose low pay can take a high cost.” (Front page,
that has been going on concerning smoking. Really, peo-
                                                                             10/23/11).
ple? You are complaining about smoking when there are
more important issues that we need to focus on and
stand together to get changed.                                                 In the final tally, the rich kid is saved. He or she gets to
                                                                             go home, to college, and on with his or her life, allowed to
  “What things?” you may ask. Let me mention a few: 1)                       live to laugh about it years later. By contrast, the poor
parole; 2) pardons for lifers/long-term; 3) inmate base                      kid will be convicted of a felony, sentenced to years in
pay raise; 4) medical treatment and co-pay; 5) commis-                       prison, and stigmatized for life. Chances are that the
sary prices; 6) quality of items sold in commissary; 7)                      poor kid will be just making parole when the rich kid is
cable prices; 8) cost of phone calls; 9) denying publica-                    graduating college. Unlike the rich kid, who was given
tions; 10) taking legal material out of the law libraries;                   every chance to succeed, the poor kid’s chances for a pro-
11) I don’t know about your jail, but the Visiting Room                      ductive life have most likely evaporated with that first
here is now closed on Thursdays; and the most recent to                      felony conviction.
catch my attention —12) copying costs.
  Do you know that one case of paper has 5,000 sheets of                       This is a diabolical double-standard that reaches into
recycled paper? Let’s say that, at most, the DOC pays                        every aspect of this “great” county, ruining many lives.
$40/case (no taxes, they are exempt), and the contract                       Of course, nobody wants a lawless society, but fair is fair,
for the copier is $200/month (hey, let’s say $500/month,                     and the way it is set up now is completely unfair.
why not?) So, doing the math at 10¢ per copy, the DOC
makes $500 (or more, if you are making double-sided                            What if the poor kid had sufficient representation like a
copies) for one case of paper! That means after one case                     Leon Williams, Willie E. Gary, Johnny Cockran, Dave
of paper, the DOC has paid the contract for the copier                       Rudovsky, or Peter Goldberger? I guarantee the result
for that month. The next case of paper already starts                        would be different. The poor kid would not be convicted
generating profit! They profit from your legal research                      and there would be a steep decline in the prison popula-
when you print out case laws! How crazy is that? Why                         tion across the county.
did they start selling Vend-a-Cards on the commissary?
To make more money! Why aren’t we paying 1¢ per                                In fact, if the playing field were leveled for the have-
copy?                                                                        nots relative to the haves in all areas of concern: housing,
  Everyone wants to complain, but nobody wants to do                         education, employment, and criminal justice, there would
anything about it because they don’t want to sacrifice                       be no question about the U.S.’s so-called greatness. But,
anything. Let me ask you this, when the settlers of                          until it treats its have-nots commiserate to its haves, it
North America got tired of British rule, did they sit                        will always fall short of its ideals and it will continue to
around and complain, hoping it would get better? How                         miss the mark of greatness.
about when Germany started to run amok in Europe,
did everyone sit around, hoping Germany would stop?
Did Dr. Martin Luther King, Jr. just make a lot of
speeches and then sit back and hope change would
come? The answer to all of these questions is “NO!” The
people stood together and had to sacrifice their very
lives to get the change they desired.
  Now, I am not saying that we need to rise up and be-                       Banned continued from page 3
come violent. What I am saying is that we need to come
together (including family, friends, relatives, etc.) to get                 prejudices or unconscious or subjective racism. A favora-
these changes made. Dr. King, Jr. accomplished a lot                         ble decision from the State Supreme Court might open
with his peaceful demonstrations.                                            the door for prisoners to attack and challenge the DOC’s
  So, for all of you who want to complain about smoking                      oppressive arbitrary and racist banning of books like 100
and other matters, instead of standing together, I am sure                   Years of Lynchings, Speeches by U.S. Congresswoman
the DOC administration would like to say, “Thank you,”                       Maxine Waters, and Black Robes, White Justice by N.Y.
because they know that a house divided cannot stand.                         State Judge Bruce Wright.

                                                                        12
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012


                                                                              $250 for first place, $100 for second place, and $50 for
                                                                              third place.

                  Announcements                                               Topics: Please write an essay addressing one of the fol-
                                                                              lowing questions:

                                                                                 What does fair treatment look like in prison?
                                                                                 How does your institution deal with inmates who are
Preserving Your Claim Under the Prison                                             violent or disruptive? Are people sent to solitary con-
Litigation Reform Act (PLRA) is a new docu-                                        finement? Is the disciplinary system fair, and does it
                                                                                   help to maintain order?
ment that was recently sent to all of Pennsylvania’s state
prison libraries. It was written by Alex Rubenstein, 2012                        Tell us about a notable or surprising experience
Candidate for J.D. at Rutgers School of Law-Camden. It                             you’ve had with another person in the legal system—
is intended to provide some background information on                              whether a judge, a lawyer, a guard, or anyone else.
the PLRA, and also explain how the law impacts court                               What did you learn from it?
claims filed while in jail or prison. Additionally, this
pamphlet explains how to properly follow the grievance                           The goals of criminal punishment include retribution
process employed by the Pennsylvania Department of                                 (giving people what they deserve), deterrence
Corrections, in order to help protect any claims you may                           (discouraging future crimes), and rehabilitation
bring relating to prison conditions from being dismissed                           (improving behavior). What purpose, if any, has your
for failure to exhaust administrative remedies. Even for                           time in prison served? Should one of these purposes
claims that are not affected by the exhaustion require-                            be emphasized more?
ment, this pamphlet should serve as a helpful tool for
correctly filing grievances.                                                     Have you ever filed a grievance with jail or prison
                                                                                   authorities to complain about conditions? Tell us
If your law library does not have this pamphlet, please                            about it, and explain how the grievance process
contact Graterfriends (address on page 2).                                         works. Are grievances effective? How do prison au-
                                                                                   thorities respond to them? How do you feel about
Life Support for Women with an                                                     federal law’s requirement that prisoners file griev-
                                                                                   ances before suing about prison conditions in court?
Incarcerated Loved One is a support group for
women looking for a safe place to share feelings and con-                        If you have been released from prison, what chal-
cerns about incarcerated family members. The group                                 lenges did you face in reentering society?
usually meets the second Tuesday of every month, from
4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Socie-                        How, if at all, do you maintain relationships with
ty: 245 N. Broad Street, 3rd Floor, Philadelphia, PA                               your family while in prison? Describe the prison
19107 (Race-Vine station, across from Hahnemann Hos-                               rules that govern how much contact you can have
pital).                                                                            with your family. How has being in prison affected
                                                                                   your family relationships?
Please note:
                                                                              Please do not discuss your innocence or guilt or ask for
For more information:                                                         legal assistance with your case. Submissions are not con-
Mason Barnett, 215-564-6005, ext. 106 (Prison Society)                        fidential. Whatever you write will not be protected by
Desiree Cunningham 215-758-5877 (Support Group                                attorney-client privilege. If you have an attorney, please
questions only)                                                               speak with your attorney before submitting your work.

                                                                              Rules: You may submit an essay if you have been an
The Yale Law Journal welcomes submis-                                         inmate in a prison or jail at any point from January 1,
sions for their first Prison Law Writing                                      2010 through September 30, 2012. We welcome essays of
Contest. If you are or recently have been in jail or                          about 1000-5000 words, or roughly 4-20 pages. Please
prison, we invite you to write a short essay about your                       type your submission if possible. If you must write by
experiences with the law. The three top submissions will                      hand, please be sure your writing is readable. Feel free to
win cash prizes, and we hope to publish the best work.                        work together with others, but your essay should be in
                                                                              your own voice.
Background: The Journal is one of the world’s most
respected and widely read scholarly publications about                        Essays must be received by October 1, 2012. Email your
the law. Our authors and readers include law professors                       submission to YLJprisonlaw@gmail.com if possible. If you
and students, practicing attorneys, and judges. The con-                      do not have email access, please mail your work to: The
test offers people in prison the chance to share their sto-                   Yale Law Journal, ATTN: Prison Law, P.O. Box 208215,
ries with people who shape the law and to explain how                         New Haven, CT 06520-8215. Please include your name
the law affects their lives. Where permitted by state law,                    and the name of the institution where you are or were
the authors of the winning essays will receive prizes:                        imprisoned, and tell us the best way to reach you now.

                                                                         13
               The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012

Bernie Mac continued from page 7                                              Home Front continued from page 2

  Sometimes I hear the rapturous, staccato-tongue of a                        base of support and action. The next meeting will be held
preacher rousing his congregation. the stentorian baritone                    on June 23.
pontificating on worldly affairs with a professorial eloquence.
                                                                                A week later, the Reentry Support Project, an initiative
  A dashiki-wearing character chants: “Say it Loud! I’m                       of the Fox Rothschild Center for Law and Society at
Black and I’m Proud!” He explodes into rage and rants                         Community College of Philadelphia hosted the day-long
about child molesters. BOOM! BOOM! BOOM! The                                  Prison Advocacy Summit. Several years in the planning,
sound of gunshots rumble up from his throat as he exacts                      this conference offered numerous workshops on the
street justice and comeuppance. Vicious left hooks and                        many ways to work on behalf of our loved ones behind
hard right hands whistle on the wind as he destroys an                        bars. Advocacy sessions included: Overcoming Obstacles
imaginary opponent. He sometimes roars like a barbaric                        to Movement Building, Creating a Voting Power, Legis-
post-war survivalist in Mad Max.                                              lative Advocacy, Mobilizing Families and Networks
                                                                              Against Prisoner Abuse, Using Social Media for Move-
  But the most dominant voice that emerges from this                          ment Building, Developing Youth Leadership, and many
motley brood — (and probably the one that landed him                          others. A generous donation on the part of Pennsylvania
on Pennsylvania’s Death Row) — takes on the person of                         State Senator Shirley Kitchen made the summit possi-
a mob boss:                                                                   ble. Numerous other co-sponsors added both their sup-
                                                                              port and expertise. Among those were Angus Love, the
  “Mother _____, you don’t want war! I’m Frank Nitti…                         director of the Pennsylvania Institutional Law Project,
I’m Nino Brown…I’m Big Al Capone!”                                            Hannah Zellman of the Institute for Community Justice,
                                                                              Hakim Ali and William Goldsby of Reconstruction, Inc.,
  There are countless prisoners trapped in isolation in                       former political prisoner Laura Whitehorn, and commu-
dark, cruel gulags all across the U.S. designed to enforce                    nity activist Bruce Cottman. Tyrone Werts, a recently
sensory deprivation that gradually chips away at the                          released lifer, was also in attendance.
human spirit and mind. For well over 200 years, the U.S.
Congress has enacted statutes that provide treatment for
federal prisoners. “Who are or Shall become insane dur-
ing the term of imprisonment.”

   I’ve never seen a prison psychiatrist speak to Bernie
Mac. Perhaps they’ve just resigned themselves to the fact                      “An individual has not started living
that he is just too far gone to be helped. So what purpose
does it serve the State to continue to house the mentally                      until he can rise above the narrow con-
ill, year after year, at an estimated annual cost of                           fines of his individualistic concerns to
$36,000 to $40,000?
                                                                               the broader concerns of all humanity.”
 Listen to B Mac as he reminds his crew: “I did 19 years                                      —Martin Luther King, Jr.
on Death Row for y’all. 19 years!”

SUBSCRIPTION INFORMATION
                                Support our mission and become a member!
Receive Graterfriends and Correctional Forum for:                                           Make a check or money order payable to
$5     Prisoner                      $200     Patron                                         The Pennsylvania Prison Society
$10    Prisoner Family               $250     Sponsor                                        245 North Broad Street, Suite 300
       Student                       $500     Founder                                             Philadelphia, PA 19107
$40    Regular Membership            $1,000   1787 Society
$100   Friend of the Society                                                           Prisoners may pay with unused postage stamps.

Are you a prisoner who just wants Graterfriends? You may
subscribe just to Graterfriends for $3.


Name _________________________________________ Prisoner Number _______________ Institution _________________________________

Address ______________________________________________ City _______________________________ State _______ Zip ________________

Payment Amount _____________________________________ Payment Method _____________________________________________________

                             NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue.


                                                                         14
               The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
June 2012 Graterfriends
June 2012 Graterfriends

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June 2012 Graterfriends

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 A Publication of The Pennsylvania Prison Society Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787   Volume 43 Issue 6 www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety June 2012 The Haves and Have-Nots: A Story of Inequality and Unfairness by Omar Askia Ali (Sistrunk), AF-0814, SCI Houtzdale I have often heard it said that the U.S. is the greatest the full force and weight of the system with a blatant country on Earth. There is no doubt that it is a military disregard to fairness and due process. superpower and, without question, it has shown flashes Imagine two first-time offenders. Both eighteen, and of greatness. But at its core, the U.S. is a country grap- both arrested for the same crime — drug possession. The pling with its conscience over how it treats certain seg- only difference separating them is that one is rich — a ments of its citizenry: i.e., African-Americans, Latinos, “have,” and the other is poor — a “have not.” What hap- and poor whites. pens next is sinister. It is no secret that there is an ever-widening chasm of The rich kid’s family attorney will usually resolve this opportunity separating the rich from the poor, the problem at the arrest level and it goes no further, while “haves” from the “have-nots,” in this country. According the poor kid’s court-appointed public defender won’t even to an Associated Press article on the wealth gap be- show up until the preliminary hearing, or a few weeks tween the rich and the poor, “the richest one percent of before trial. In most cases, the rich kid will be released Americans have been getting far richer over the last with a slap on the wrist; the poor kid, unable to make three decades, while the middle-class and the poor have bail, will be held until trial. seen their after-tax household income only crawl up in comparison.” It went on to say, “the distribution of after- Say, for some reason, the rich kid’s case makes it to tax income in the United States was substantially more trial. He or she will have the best representation money unequal in 2007 than in 1979.” can buy. The poor kid, however, will have to make do with an underpaid, mistake-prone, overworked, indiffer- Another aspect of this chasm is the disparate treat- ent public defender. The rich kid will no doubt get a dis- ment of the poor relative to the rich in the criminal jus- missal or the charges drastically reduced from felony to tice system. Aside from the few Martha Stewarts and Lindsay Lohans, who serve extremely short prison (See Have and Have-Nots, continued on page 12) stints or run in and out of court and county jail, but nev- er do any time, and the Bernie Madoff anomalies, there are few rich and wealthy people serving hard time in In this Issue U.S. prisons. From the Editors, News ................................................. 2 It is not that they don’t commit the same crimes as the Pass the Word ................................................................ 3 poor, they do. Rather, it’s because every system in the U.S. is set up by the rich and wealthy (the “haves”) for Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4 their benefit. These systems tend to also keep the poor Legislative Highlights .................................................... 5 (the “have-nots”) at the bottom stratum of society. Legal Chat ...................................................................... 6 The equation is very simple —the rich have money Think About It ................................................................ 7 and the poor have it not. Therefore, the system views Mailroom...................................................................... 8-9 the “haves” as valuable, important, and essential, while Bookcase ....................................................................... 10 seeing the “have nots” as inconsequential, and thereby Literary Corner ............................................................ 11 expendable. Thus, when a “have” comes into contact Our Voices .................................................................... 12 with the criminal justice system, every excuse, excep- tion, consideration, and accommodation is made to Announcements ............................................................ 13 shield the offending “have” from prosecution and incar- Graterfriends Order Form ........................................... 14 ceration. On the other hand, contact with the “have Crossword ..................................................................... 15 nots” is always met negatively and prejudicially, with “The Last Word” by William DiMascio........................ 16 1 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 2. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 News From the Editors The Pennsylvania Prison Society celebrated its 225th SUPPORT FROM THE HOME FRONT anniversary on May 8. At the event we awarded Senator Stewart Greenleaf with our Justice Award, an honor by Kim Angle rarely given — and usually given to long-time board members who have given so much to the organization. There are many organizations in Philadelphia that This is the first time we have given it to a legislator. We work diligently to support those behind bars, to assist in are very proud of the work Senator Greenleaf has done successful reentry, and work for much-needed changes in in the past decade to help reform criminal justice in the criminal justice system. There is also a strong move- Pennsylvania. He has realized the “tough on crime” laws ment on the part of the loved ones of the incarcerated to are not working and believes there is a better way. He have a voice and to effect change. Two events held re- also garnered a special proclamation from the Pennsyl- cently in Philadelphia help to demonstrate these efforts vania Senate for the Prison Society’s 225th anniversary. and commitment. For more information, please see page 9. The Pennsylvania Coalition for the Fair Sentencing of On page 7, you’ll read a story about one of Reginald Youth saw a standing-room-only crowd at the Friends Lewis’s neighbors on Death Row at SCI Graterford — Center for a two-hour program on April 14. Agenda items nicknamed “Bernie Mac.” Mr. Lewis and others look out for this inaugural gathering for family and friends of ju- for this prisoner, who they all know is mentally ill. Mr. venile lifers included a description of the National Cam- Lewis also wonders why he’s never seen a psychiatrist paign for the Fair Sentencing for Youth (CFSY), reflect- visit with Bernie, and why the Pennsylvania DOC ing on the national and legal landscape, areas for family spends so much money on those who are mentally ill and to take action, and individual stories. The testimonies of could benefit from living elsewhere. loved ones brought tears and inspiration to all in attend- ance. One 86-year-old matriarch attended with the assis- Last but not least, do not miss Executive Director William tance of a walker in support of her two grandsons, sen- DiMascio’s “Reflections on Turning 225” on page 16. Our tenced as juveniles to life without parole 27 years ago. long history goes back to 1787, when prominent citizens of She remains committed to getting her “boys” home. Philadelphia, many who signed the Declaration of Inde- pendence — going up against the strongest nation in the CFSY plans to meet regularly to develop a Philadelphia world at the time — decided to visit prisoners in Philadelph- ia and take a stand against the day’s harsh criminal code. (See Home Front, continued on page 14) Letters more than a page in length (200 words) will not be published in their entirety in Mailroom or Legal Chat Room, and may be considered for another column. All columns should be no more than 500 words, or two double-spaced pages. EDITOR-IN-CHIEF: William M. DiMascio To protect Graterfriends from copyright infringement, please MANAGING EDITOR: Mindy Bogue attach a letter stating, or note on your submission, that you are the original author of the work submitted for publication; date EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer and sign the declaration. FOUNDER: Joan Gauker If you have a question about Graterfriends, please contact Mindy Bogue, Communications Manager, at 215-564-6005, ext. 112 or mbogue@prisonsociety.org. Graterfriends is a monthly publication from the Pennsylvania Prison Society. The organization was founded in 1787 and works toward enhancing public safety by providing initiatives that promote a just and humane criminal justice system. This issue is made possible through contributions from our readers and funding from Phoebus Criminal Justice Initiative through the Bread & Roses Community Fund. 245 North Broad Street · Suite 300 We reserve the right to edit submissions. Original submissions Philadelphia, PA 19107 will not be returned. We will not print anonymous letters. Telephone: 215.564.6005 · Fax: 215.564.7926 Allegations of misconduct must be documented and statistics www.prisonsociety.org should be supported by sources. www.facebook.com/PennsylvaniaPrisonSociety 2 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 3. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 The article seemed to also suggest that the communi- ties that prisoners would eventually be released into Pssst… were concerned regarding reintegrating former offend- ers. However, the prisoners themselves believe that they Pass the Word have found the answer for all concerns. On March 22, 2012, prisoners introduced, at the institutional level, a proposal that will not only prepare them for cognitive reentry under socially acceptable terms, but also give the communities a new sense of confidence in them. In addi- PRISONERS AGAINST VIOLENCE tion, it would place the prisoner in a phase of maintain- by Nurriddin Bullock. AS-1035 ing responsibility under socially acceptable behavioral and Jermar Hines, EW-5823, SCI Houtzdale norms, and increase the likelihood that the offender will (Creators and Founders) succeed when released. The fact that gang members are working together for Prisoners at the SCI Houtzdale, who are former and the first time with an initiative that’s designed to stop New Day gang members of various ethnicities, have violence and associated behaviors is indeed an accom- come together for the first time with an initiative to stop plishment, as well as a first step toward a resolution at gang violence and behaviors that contribute to recidi- combating violent behaviors, and thus, recidivism. Each vism. Our goals are in line with the Secretary of Correc- person can be proud of this accomplishment, and society tion’s “Map Plot Course for Parolees.” We call it the Pris- can trust it. oners Against Violence (PAV) Project. There is also a belief that if the superintendent at SCI The idea came together easily after reading an article Houtzdale denies their proposal, this could be a tremen- that was written in the Patriot-News newspaper, intro- dous let-down. SCI Houtzdale has been notorious for ducing Secretary Wetzel’s initiative to combat recidivism “gang-related violence.” Thus, if their initiative could and allow for re-entry. bring the myriad of gangs together to stop violence under their own initiative, there is an even stronger belief that It is the prisoners’ belief that Secretary Wetzel’s “Map this initiative could be relevant statewide. Plot Course for Parolees” is a new approach that will work “Can’t we all just get along?” to stop one from re-offending. Additionally, it will prepare communities for prisoners’ reentry in a more trusting way. Just say “Yes” to the PAV Project. REGARDING BANNED PUBLICATIONS of his grievances, the Court lacked jurisdiction to provide an additional layer of review beyond the internal appeals by George Rashaan Brooks-Bey, AP-4884, SCI Frackville process established by the Department of Corrections; (2) The Commonwealth Court also incorrectly held that, to In Brooks-Bey v. Doriha Varner, Chief Grievance Ex- the extent petitioner’s claims that his Constitutional aminer, No. 322 M.D. 2011, the Commonwealth Court rights were violated by the confiscation or denial of the ruled that prison grievances and misconduct decisions publications at issue, he summarily failed to establish the are not subject to judicial review unless the case involves requisite personal involvement on the part of respondent a constitutional right not limited by the Department of by establishing and maintaining a claim pursuant to Art Corrections. To the extent that the petitioner is challeng- 1, Section 7 of the P.A. Constitution and (3) the Common- ing the respondent’s decisions denying his grievance ap- wealth incorrectly failed to state a claim or retaliation. peals, the claim is dismissed for lack of jurisdiction, cit- ing, Weaver v. Department of Corr., 824 A. 2d 750 (PA. The Supreme Court granted Allocatur and ordered Ap- Cmwlth. 2003). pellant to file his brief on or before April 24, 2012, at No. 2 WAP 2012 and for the attorney of the grievance exam- The Court further ruled, to the extent that the petition- iner to file his brief on or before May 24, 2012. er avers his constitutional rights have been violated by the confiscation and/or rejection of his publications, he I filed my brief on April 20, 2012 and as soon as the fails to allege any personal involvement on the part of Supreme Court renders a decision I will share it with the the named respondent. Graterfriends readers. This is an important case for all Pennsylvania prisoners who have had their publications Lastly, the Court ruled the petitioner failed to state a rejected by the Inmate Publication Review Committee claim for retaliation and failed to aver facts necessary to (IPRC) and told by them their publication was rejected establish that the publication policy is unconstitutional, because the content advocated, assisted or is evidence of citing Yount v. Dept. of Corrections, 966 A. 2d 1115 (PA. criminal activity, facility misconduct, racially inflamma- 2004); Thornbers v. Abbott, 490 U.S. 401 (1989). tory material, or material that could cause a threat to I filed for Allocatur in the State Supreme Court argu- the inmate, staff or facility security; their publications ing: (1) The Commonwealth Court incorrectly held that, might have been banned due to the IPRC’s own personal to the extent the petitioner is challenging the disposition (See Banned, continued on page 12) 3 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 4. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Mrs. GE-6309 Time DEATH ROW by Reesy Floyd-Thompson June Birthdays NO SUGAR REQUIRED Jesse Bond Craig Murphy BZ-2493, GRA AY-2939, GRN I often hear prisoners’ wives comparing themselves to military spouses. Early on, I too offered this analogy to Edward Bracey Donyell Paddy help explain away the blank stares, in the context of: BU-0711, GRA CX-3459, GRN “My husband is incarcerated, but it’s no different than John W. Brown Ernest Porter his being in the military.” Sure, there are similar tenets: BP-1313, GRN AY-7434, GRN partners are away from each other for extended periods; families must figure out how to raise kids, maintain a Kevin Brian Dowling Rasheen L. Simpson home, and create intimacy despite distance. Both rela- DY-6243, GRN CT-1781, GRN tionships face difficulty with reintegration. That’s where Joseph A. Eilliott James M. Smith the similarities end. For obvious reasons, prisoners’ CA-1717, GRN AY-4901, GRA wives do not receive the same respect as military wives, and there’s another public distinction: military wives James Frey Paul Gamboa Taylor stand by their partners, prisoner’s wives wait. GD-5345, GRN BT-2525, GRN When our partners come home, flags do not wave, TV Ronald Gibson Gerald Watkins cameras do not appear, and friends may not even call to BQ-5220, GRN DD-5212, GRN say, “Welcome home.” Our partners’ homecoming comes with far less fanfare with some standing in line ready to Kenneth Hairston Herbert Watson brand our family — dishonorable. FA-9174, GRN AY-3075, GRN Mary Poppins said it best, “A spoonful of sugar helps Damon Jones GRA = SCI Graterford the medicine go down.” Likening ourselves to a military AY-2893, GRA PO Box 244 partner tastes sweeter than admitting our actual situa- Graterford, PA Alexander Keaton tion. When we try to convince someone our relationship 19426-0244 CM-9724, GRN is (like) something else, it devalues the true definition of Emanual Lester GRN = SCI Greene the relationship. Comparisons seek to offer explanations BS-0997, GRN 175 Progress Drive and justifications. The mere act of analysis diminishes Waynesburg, PA one side over the other. Glenn Lyons 15370-8090 The decision to remain in a relationship with someone KK-2323, GRN incarcerated is far more than a function of the heart. We take in to account the offense and whether or not it lines If you do not want your name published, send a letter to up with who we are spiritually and morally. We factor in Graterfriends each year you do not want it to be included. the long-term effects of the tenure of the sentence. We Be sure to note your date of birth. ask ourselves if we have the mental fortitude to take on, not only the separation, but also the perceptions and criticisms we face. Once we conclude the relationship is CROSSWORD SOLUTIONS worth the hardship, the relationship is valid — nothing else required. When we backpedal with the military com- Below are the solutions to crossword puzzles printed in this parison, we wear away at the legitimacy of our relation- issue and the previous issue of Graterfriends. ship, with each spoonful of sugar. May 2012 June 2012 Respect comes when we stand our ground and exude pride by stepping into our true skin. The validity of our lives is not in the likeness to another institution, but in the unlikeness of it, and in embracing the notion that our lives are different, not less — eliminating the need for sugar. Reesy Floyd-Thompson is the founder of Prisoners’ Wives, Girlfriends, & Partners (PWGP). For more information about this group, please write Reesy at: PWGP P. O. Box 14241 Norfolk, VA 23518 4 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 5. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The Pennsylvania General Assembly is focusing on the state budget. They have also voted on several criminal justice bills. Here are several bills that you may find of interest. Please note that this list is current as of May 15, 2012. BILL NO. DESCRIPTION CHIEF SPONSOR PPS POSITION PRINTER NO. HB 61 States that private collection agencies must cease ef- Rep. C. Metzger Oppose R-Bedford and PN 29 forts to collect fines, costs, and restitution from defend- Somerset counties ant after 48 months. Currently, the limit is 180 days. (Passed House 6/23/11, 197-0; passed Senate 5/1/12, 41-4. Presented to the Governor 5/8/12.) HB 1289 Provides for sentencing enhancement for trafficking Rep. J. Pyle Oppose R-Armstrong and PN 3480 drugs in the presence of a minor. (Passed House Indiana counties 5/8/12, 197-0.) SB100 Amends Titles 18 (Crimes and Offenses), 42 (Judiciary Sen. S. Greenleaf Support R-Bucks and PN 1668 and Judicial Procedure) and 61 (Prisons and Parole) of Montgomery counties the Pennsylvania Consolidated Statutes. Provides for prison reform and justice reinvestment; sentencing and guidelines via Pennsylvania Commission on sentencing; court-imposed sanctions for probation violators; visita- tion; providing for time eligibility for prerelease; provid- ing for definitions in boot camp, State intermediate pun- ishment, recidivism risk reduction incentive, county intermediate punishment details; establishing the Safe Community Reentry Program; and provides for the pow- ers and duties of the Pennsylvania Board of Probation and Parole and the Department of Corrections. (Passed Senate 10/1//11, 50-0; In House Judiciary, vote pending.) Sen. S. Greenleaf Support SB 1454 Amends Titles 23 (Domestic Relations), 42 (Judiciary & R-Bucks and PN 2099 Judicial Procedure) & 44 (Law & Justice) of the Penn- Montgomery counties sylvania Consolidated Statutes, providing provisions recommended in the recent Joint State Government Commission Report on The effects on children of incar- cerated parents. It includes: in proceedings prior to peti- tion to adopt, further providing for grounds for involun- tary termination; in juvenile matters, further providing for disposition of dependent child; and adding provisions relating to certain arrest protocols. (In Senate Judici- ary 4/5/12.) 5 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 6. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 crime but neglect to present said evidence within 60 days, you have no recourse to get out of prison. Senate Legal Chat Bill 1153 seeks to change that. To keep an innocent man/ woman in jail is a “miscarriage of justice”! Governor Corbett’s spokesman, Eric Shirk, said that Corbett opposes the bill because it would be difficult for courts to assess who is “factually innocent” because the term in the bill is undefined! The Governor’s office is an ELECTED position! (Pa. Law Weekly, Vol XXXV, No.13). LEGAL REASONING Keep this in mind the next time you shrug off the im- What is “Legal Reasoning”? To understand it, we must portance of politics and how it adversely affects our in- ask ourselves: What are the methods by which law is carcerated lives! made, developed, and applied? How do concepts of law Terrance Washington operate within the world of legal decision making, affect- DN-3858, SCI Somerset ing the thought process of lawyers and judges? To un- derstand the context of legal reasoning, we must under- stand the rules of legal thinking. There’s a thinking and logic in the practice of law and we must learn to com- UNPUBLISHED POLICY REVISION municate with the court through that thinking and logic. Such thinking involves an awareness of legal precepts There has been an unpublished policy revision to DC- and principles underlying the process of legal reasoning. ADM 803 under “postage and copying.” A “Petition for It’s a methodology of thinking in principles. Review” to respondents is the only legal document to be served by certified mail, return receipt. In Grievance Legal reasoning is premised upon application of princi- #380751, I cited that the “return receipt” requirement in ples formulating rules of law governing categories of department policy actually contradicts State Law, Pa. facts. It’s an intellectual process of adjudication involv- Rules of Appellate Procedure 1514C dictates certified ing legal precepts premised upon principles applied by mail only. The Chief Grievance Office at Central Office the judge to justify his/her decision. Just as there are upheld my grievance, stating “Policy will be reviewed articulable rules of reasoning, there are rules for the and necessary changes made.” Yet, three months later, identification and formulation of the principles that are here at SCI Albion, they tried to enforce the return re- the tools of such reasoning. Legal precepts formulating ceipt requirement, citing they were unaware of this general rules of law apply categories of facts. change. Without the revision, we were forced to spend at The basic pattern of legal reasoning is reasoning from LEAST another $4.60 of our money. That, to some, is a case to case. Like cases are to be decided in like ways serious deterrent, which I believe was the basis for the because the same principle controls the decision: department inserting that requirement. Please notify your business office and mailroom of the change and cite 1. Similarity is seen between cases (Facts). grievance 380751. Together as a united front, we can 2. Rule of law in first case is identified (Principle). make a difference. 3. The rule of law is made applicable to second case Darren Gentilquore (Reasoning). GX-1572, SCI Albion Thinking in principles is the key to understanding legal reasoning. Legal principles and doctrines are the tree, case law is its fruit. Educate yourself to protect yourself. Order via I.L.L. The Myth of Legal Reasoning 40 MD. L. Rev. 338 (1981), Logic for Lawyers 13 PAC. L. J. 59 (1981). Frederick T. Ray III When submitting a letter or GF-2852, SCI Greene column to Graterfriends for publication, please remember to THE IMPORTANCE OF POLITICS attach a letter (or note on your To all those who think that politics and voting don’t submission) that it is for mean anything, dig this: State Senator Stewart Green- leaf and seven co-sponsors are trying to pass/introduce publication and that you are the Senate Bill 1153, which would extend the time period we could file petitions with new evidence that could show original author; date and sign that we’re ACTUALLY INNOCENT. the declaration. Thank you. As it stands now, if you are actually innocent of your 6 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 7. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 the policy of the Dept. that every individual committed Think to its custody shall have access to a formal procedure through which to seek resolution of problems or other issues of concern arising in the course of the confine- About It ment;” and (3) Policy 3.1.1. (Fiscal Administration)/IV.K (Inmate General Welfare Fund/IGWF), which consists of non-appropriated funds — from various sources — “solely for the benefit of inmates.” It is composed of coun- cil members responsible for: making decisions based up- FALLEN CITIZENS on the best interest of the beneficiaries of the fund by Torrey Real, EL-1916, SCI Frackville (inmates); and developing an annual budget. Each facili- ty “shall” bring select inmates into the operation of the They say we are the non-producing members of society, fund at each facility, and “post a monthly statement of the criminal element, lower percentile. I believe that the fund [activities] on all inmate bulletin boards…” problem is due, in part, to lack of education and aware- Now, I’ve surveyed a few dozen of my fellow communi- ness. Still, I look around my current surroundings and ty members (inmates). And it wasn’t shocking to learn see men who are supposedly in a sober frame of mind, but that over 90 percent of them didn’t know what IGWF is. there seems to be a lack of interest in our social environ- Why? Maybe for some of the same reasons I didn’t: it’s ment or community. Yet, we wonder why things are still not advertised or broadcast. The inmates appointed don’t bad, and steadily getting worse. represent (in a sense of election) the population, our in- The DOC has very detailed policies that govern the put isn’t sought, properly recorded, or thoroughly argued standard of our incarceration. Although they pertain to in meetings, and so on. No one, besides me, seems to care rules, procedures and expectations of conduct, these poli- or take interest! cies work both ways (toward staff and inmates, alike), The solution I propose — especially at my facility—is and most are for our benefit. It’s up to us (inmates) to for people to stop being reactive and to start taking a pro- properly utilize the resources available to us (education, active approach to constructively seeking ways to benefit grants, etc.). from the tools (IGWF, etc.) we’re given. One idea or ex- I’d like to share a few of the things that I’ve come ample would be to spend the IGWF funds toward voca- across, and what ideas I have concerning them, beginning tional programs like “Pen American Center,” which offers with: (1) Policy 7.2.1/section 3. (Request Slips) B. (Staff writing trades to prisoners. There is very little offered to Responsibility) 1, which states, “Staff receiving a DC- inmates who already have diplomas or have obtained a 135A [must] respond to the request within five working GED. There are lots of other ways to appropriate funding. days;” (2) DC-ADM 804/III. (Policy), which states, “It is Just be creative. But we must get involved. MY NEIGHBOR, BERNIE MAC “How you doin’ today, Salahud-din?” He calls me by my Muslim name. “I’m fine,” I reply. “How you doing today, by Reginald S. Lewis, AY-2902, SCI-Graterford B?” He also likes it when I call him “Big ‘Nard.” Among the numerous policies implemented by the “Salahud-din. You got any coffee?” He asks politely. Pennsylvania Department of Corrections, one requires I pass him coffee through the bars. I know what’s com- Security Level 5 Inmates to move to a new cell every 90 ing next. days. This is one rule the peaceful Old Heads on Death Row dread. Having to move next to some idiot always “You got any cookies?” running his mouth, trying to act tough, cursing, blasting We personally memorize the names of every inmate on his television and radio. the block and lock them in for future reference. Bernie Mac used to flood his cell when he couldn’t get anything So when they moved fellow death row inmate Bernard to eat — so the administration finally took his television McGill next door to me, the tightness in my chest loos- and radio to prevent him from electrocuting himself. But ened. He is one of our more mentally unstable brothers, he has his own internal entertainment center. From his who suffers from multiple personality disorder or schizo- cell I hear vicissitudes of sounds and voices that rise and phrenia. But he is unfailingly polite and respectful. The fall, depending upon his mood. His tough, gritty voice is administration probably moved him to G-Wing because an inflection of the musical assonance of rappers Jah they know we’ll look out for him. You see, he has a fero- Rule and DMX: a hypnotic euphony anchored on a swirl- cious appetite. ing vortex of driving rhythms. The defiant lyrics of Tupac We call him “Bernie Mac” because he puts his food hus- Shakur spitting tragic, Shakespearean tales of love and tle down. He’s turned panhandling into a fine art. He pain and social injustice. hits me up almost everyday — but I don’t care. He’s al- ways grateful and thanks me profusely. (See Bernie Mac, continued on page 14) 7 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 8. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Allen, the son of the Rev. Frank Dick and Nora Allen, is a graduate of Lincoln High School, Rhema School of Mailroom the Bible, St. Francis College, Berean Bible College, Global University, and Calvary Christian Seminary, where he has earned degrees in Business Administra- tion, Education, and Theology. The author of several col- legiate texts, including A Survey of the Old Testament, New Testament Survey, and The Moses Style Ministry, he earned his ThD in May 2012 with a concentration in RE: INAPPROPRIATE BEHAVIOR Biblical Theology and Hospice Ministry from Calvary AT SCI MUNCY Christian Seminary, South Bend, Indiana. I’d like to thank sister Dana Lomax-Williams, OP-2742, In addition to his educational pursuits, Dave has spent for the very powerful message. his 28 years of incarceration in service to his fellow in- mates, serving three terms as the president of the Altar Yes, sisters. It’s time to let your voices sound off as Rock Jaycees and two terms as the president of Hunting- well. Stand firmly in what you believe in. God will give don Literary Council while housed at SCI Huntingdon, you the grace you need. Thanks to sister Dana Lomax- and two terms as the president of the Phoenix Group Williams for speaking out. Your courage is appreciated. Organization at SCI Greensburg. So many are afraid; every word was the truth. Thomas Dougherty God bless all the sisters. GB-6452, SCI Greensburg Paulette Carrington OO-5801, SCI Muncy LACKAWANNA COUNTY BLUES I am a state prisoner from SCI Dallas and I’ve been sent RESPECT here to Lackawanna County Prison, like 49 other prison- ers from Dallas State Prison. I have just a few months to I look out my window and see a goose sitting on her go, to max, but I want to make the pitiful treatment of the nest. The nest is on the ground approximately 50 feet prisoners in Lackawanna County Prison known. from my window. It’s on the other side of the yard next to This is all about financial gain and profit for SCI Dallas D-block. I’m housed on C-block. I observe how the in- and this county prison. I’ve never been in a prison that mates and goose react to each other as the footsteps and doesn’t give prisoners milk in the morning with their images approach the nest. There’s no spreading and flap- breakfast. No milk at all, with any meal! They make sure ping her wings or flying at them. They look at the goose that you get juice that is made in the prison kitchen with sitting there incubating her eggs to sustain her way of every meal. This place is the pits. This is a maximum life. They do not disturb her! It pleases me to see respect security prison: controlled movement, 22 hours on a shown to the goose. I wish we could have shown the same small 14-cell block with two hours of recreation time in a kind of respect to the victims of our crimes and to society. yard that is the size of SCI Dallas RHU yards (THAT’S At the same time, I wish society could have shown that SMALL!) The library has no books in it, just a couple of same kind of respect to some of us. An example of society computers. They strip you of everything before you get not showing respect to all its citizens is what is happen- here so that once you’re here, you’re forced to spend your ing to Trayvon Martin’s family in Sanford, Florida. money on the things that you need, like cosmetics and food from commissary (and the prices are extra, extra The point is that inmates can learn to respect “life, liber- high.) They even strip you down out of your boots or ty, and the pursuit of happiness.” Like the goose shifts sneakers, so that everybody walks around with prison- direction from time to time when sitting on her eggs, in- issued shower slippers. mates can change their course of direction — especially those who were imprisoned during the latter part of the Phone calls from here to Philadelphia cost $13 for ‘60s and earlier part of the ‘70s. Some of these seniors no twenty minutes of phone time. If you came here with longer pose a threat to society and, in my opinion, no long- your own medication that was issued, say, up at SCI Dal- er belong in prison. This is simply a matter that society las, they discontinue it so that you pay $6 to receive it needs to look into. Otherwise, society is doing itself and again. They have us SCI Dallas prisoners scattered these changed men and women a grave injustice. throughout the prison, on different blocks, mixed in with the county inmates. Earl Box What did we do to deserve this treatment? Oh, I know. AK-2618, SCI Graterford For some of us, we are getting close to our maximum sentence. For all of us, they’re making room for the pris- CONGRATULATIONS TO DAVID M. ALLEN oners that are coming back from Virginia. They should have never been there in the first place. I would like to extend congratulations to my friend Steven Walker David M. Allen for earning his doctoral degree. Lackawanna County Prison 8 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 9. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 AN OPEN LETTER TO SECRETARY WETZEL All checks may be sent to: Attorney Matthew Weisberg I suppose congratulations are in order for your appoint- 7 South Morton Avenue ment as Secretary of Corrections. You have inherited one Morton, PA 19070 of the largest cesspools in America today. You are now king of the world of suppression, and 52,000 of us are You must put "Fight AWA" onto the memo section of the wondering once again how one man thinks he can change check, so that the attorney can separate it! the system — a vengeful system that supports loss of dignity, freedoms, and identity. All this in the name of The attorney's contact number is: 610-690-0801. penological interests, injustice licensed by the legislature and enforced by the courts and your minions in uniform. Additional questions can be directed to: Frank (volunteer) at reformpennsylvanialaws@yahoo.com or Sorry we missed you recently on your tour of the grounds. Hope that everything was to your satisfaction. They had us RSOL spit polish everything. Did we disguise the true milieu of P.O. Box 45756 the institution as we were ordered and forced to do? Did you Philadelphia, PA 19149 enjoy your meal? We did not like ours. RSOL is a volunteer organization attempting to change What are your true aberrations [sic]? Will you use us laws that do not work. We are not a legal aid organiza- as many before you for political aspirations? With your tion, and we cannot offer any legal advice. staff’s parasitical unions playing on the fears of the pub- Submitted by RSOL lic and the parole board operating with no oversight, I wish you luck in your quest. Bleeding out from the slashing of educational budgets and programs; where will it all end? I counsel men every day on patience, men that have made parole and await release; for some months, and others years. The Pa. DOC PRISON SOCIETY PRESENTS JUSTICE is under the microscope of the Federal Government for abuses of inmates and staff. You know these actions are AWARD TO SENATOR GREENLEAF commonplace and true, and we wonder about your sanity. At an event in Philadelphia on May 8, Senator Greenleaf was presented with the Pennsylvania Pris- If you truly believe in what you have been quoted in on Society's Justice Award for his steadfast support the papers as saying, then it is with respect that I say, of prison reform. The award was presented during “Thank you for wanting to do the right thing. Welcome to the organization's 225th year anniversary celebra- Little Bighorn.” tion. The Senator is only the third person to receive the Justice Award. Jeffery Neal Saxberg DX-5126, SCI Camp Hill Senator Greenleaf has led efforts in the Pennsylva- nia Legislature for a number of years responding to the state's prison overpopulation crisis driven by years of harsh punishments for non-violent drug of- REFORM SEX OFFENDER LAWS.ORG (RSOL) fenders. The Senator is currently working on legisla- FILING LAWSUIT AGAINST PENNSYLVANIA tion (SB 100) that would enhance Pennsylvania's alternative sentencing programs for non-violent of- fenders and improve rehabilitation and community RSOL (Reform Sex Offender Laws.Org) is seeking do- re-entry for inmates. nations from all offenders and their family members for a lawsuit that is going to be filed against the state of "I am truly honored to receive this recognition from Pennsylvania. This lawsuit will be challenging the Adam one of the most highly regarded advocacy organiza- Walsh Act (Senate Bill 1183), which was recently signed tions in Pennsylvania," said the Senator. "I am proud into law by Governor Corbett. It is imperative that all to have the opportunity to work with the Prison Soci- offenders and their family members band together on ety on issues that are so important for humanity and this issue. This law is very serious and is detrimental to the future of our state. The important progress that the rights of everyone involved. This law will drastically we are making today is a direct result of their hard change every offender's current registration scheme. It is work. And not only do they have a profound impact imperative that we challenge this law! on public policy, but their wide network of staff and volunteers who visit and work with inmates truly We understand the tough economic times that everyone turns lives around. Rehabilitation programs within is currently facing, along with their status as a sex offend- prisons are just as important as good law enforce- er; however, any donation that you can make is better ment in keeping our streets safe." than nothing. All donations will be confidential, and your information will not be divulged to any third party. 9 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 10. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 this trend to the creation of the Pennsylvania Commis- sion on Sentencing. Writes Sprecher: “On average, a new penitentiary was built every ten years in the twentieth Bookcase century. The passage of mandatory minimum sentencing began in the late 1970s. But since the creation in 1982 of the Pennsylvania Commission on Sentencing, the Com- monwealth added nearly one new prison each year for the next two decades instead of one prison every decade: a tenfold increase.” BOOK REVIEW: JUSTICE OR JUST THIS? A CONSTITUTIONAL TRESPASS A quick and readable 140 pages, the volume also con- BY HON. JEFFREY KENT SPRECHER tains a helpful glossary of basic legal terms pertinent to Pennsylvania law. Sprecher’s writing is clear and acces- Book Review by Danielle Collins, Editorial Assistant sible, though his outrage at the injustice of the current system becomes increasingly palpable as you turn the Trial Court Judge Jeffrey Kent Sprecher isn’t the first pages. The author loses a bit of his focus in later chap- to identify and articulate the relationship between sen- ters as he includes a lengthy section about corporate tencing, judicial independence and over-incarceration in misconduct and makes marginally relevant references to Pennsylvania. However, his position as a veteran Berks 20th century history. His attempts to draw parallels be- County judge might make some more sympathetic to the tween Nazi fear-mongering in pre-WWII Germany and passionate and reasoned plea contained in Justice or US political overreaction invite skepticism, but the Just This? A Constitutional Trespass. Sprecher, who has warning is sound given the magnitude of mass incarcera- twenty years of experience on the bench in Reading’s tion in this country. Court of Common Pleas, gives a historical and anecdotal account of the creation of the Pennsylvania Commission While citing statistics and offering a historical account on Sentencing and the far-reaching impact of the man- for the deterioration of criminal justice in Pennsylvania, datory minimum sentences the Commission imposes. Sprecher intersperses personal stories and thoughts that Sprecher links this phenomenon to the decline of judicial illustrate his sense of frustration with the current sys- independence and discretion in Pennsylvania, noting tem. This view from the “other side” of the bench is illu- how legislators bend to political pressure in imposing minating and helps communicate the author’s anger at harsher sentencing laws that strip judges of the ability handing down sentences he believed unjust. While much to decide sentences they deem appropriate. of the data contained in Justice or Just This? is available elsewhere, the book is worthwhile just for the uncensored In Justice or Just This?, Judge Sprecher lends his reflections of a veteran judge in the twilight of his career. voice to the multitude who have noted the disproportion- ate impact of the war on drugs on racial and ethnic mi- To order this book, please send a check or money order for norities. This discrimination plays out in numerous $24.95 ($19.95 + $5 S&H) to: overt and covert ways, but serves to ensure that African American and Latino youth are more likely to be caught Hon. Jeffrey Sprecher and punished for committing the same crimes as whites. P.O. Box 884 Sprecher comments on the growth of prison as an indus- Reading, PA 19601 try in Pennsylvania over the past 30-40 years, linking IN MEMORIAM We regret to announce that Graterfriends contributer Jon Yount (AC-8297, SCI Greene) died in late April. We appre- ciated his work to keep other prisoners informed of various criminal justice issues through his articles here in Graterfriends. In honor of his passing, Jeffrey Neal Saxberg (DX-5126, SCI Camp Hill) has written these words: Sentenced To A Life Of Castigation. A True Pundit Who Stood Up To Retribution. I’ll Never Forget Your Lessons. Finally May Peace Be With You Brother. Also, Samuel C. Stretton, an attorney in West Chester, Pa., wrote us saying, “You know Jon Yount and I know him. He and I worked on many cases together. I believe you actually gave him an award through the Society…It is just a great tragedy.” 10 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 11. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Literary Corner MESSAGE TO THE BLACK MAN So try to work harder…so you can be smarter Then you can take charge and get the things that you oughta by Paul Perry, AF7966, SCI Graterford Be a model for success… not a demon bringing death To your community… we’ve got to get some unity To be a real man takes more than heart To win the game of life you’ve got to be smart If you gotta die… don’t die for no lie With information you gain, succeed and maintain You’ve got a mind with the power to take you sky high To find solutions to your problems you must use the brain Who’s intellectually inferior…Who’s superior to you or me As far as I can see…we just got caught in the mix You need money for honey… So don’t be ridiculous Of some sophisticated tricks…so if your life is messed up To accomplish your mission you must be meticulous Then get it fixed Gather the data, be a smooth operator. The more you learn The greater you earn… Troubles will burn… You turn Make a decision…It’s time to take a stand Your world into a pearl This is a message to the black man So stop fantasizing… and start visualizing Brothas don’t wait for fate to take you on a blind date A future that will take you to a brand new horizon Take command…and try to understand Don’t dress to impress… work hard to be the best The future of our people is in your hands At whatever you do Like a move in chess that could have took you to victory ‘Cause when you get good… you get real respect You’ve got choices in your life that you don’t even see When you master your game… you get a seven digit check If we keep a negative focus…Oppression will just croak us Try to specialize in whatever you can It ain’t too late… f___ that other hocus-pocus Acquire some knowledge that will put you in demand You can still win your case…just back up and retrace Make a decision… it’s time to take a stand The history of blackness is written in your face This is a message to the black man Remember Martin, Malcolm, Marcus, Steven Beko Geronimo Prate, John Jackson, Antonio Maceio Don’t play yourself cheap… your mind’s not weak Stop living in darkness… walking in a deep sleep They were only a few… of the many who knew Open your eyes… Wake up and be alive The power of the black man and what he could do Start living… Don’t merely survive We had great civilizations, mighty African Nations Great thinkers and healers, artists and builders If you think you’ll get over with a gun in your hand Realistically… statistically… bad plan We were all that and more…but that wasn’t the end ‘Cause in the criminal game of slinging drugs to make a name We had it all before and we can have it again Life expectancy is short… or you’ll end up in court So don’t learn about our own past…then just be poor Facing ninety-nine years ‘cause you never really thought filled with hate Use the knowledge you’ve gained to self-motivate You’ll be on the news… and you’ll be crying the blues Pop goes your life…game’s over…you lose The purpose of my message is perfectly clear Roll correct brothas…Get your life in check Be intelligent black man… and you can make it anywhere Formulate a plan… and put it in effect THIS IS A MESSAGE TO THE BLACK MAN Be creative… innovative…self educated Only positive minds can deal with the times You can live your life in riddles or make it a rhyme We’ve got to think collectively… cause sometimes subjectively Is not enough… Life can be rough But when we roll in together we’ve got some powerful stuff 11 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 12. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Have and Have-Nots continued from page 1 Our Voices misdemeanor, or will win an acquittal. The poor kid will not fair so well. His or her public defender will invariably advise him or her to accept a plea bargain regardless of innocence or guilt. If the poor kid goes to trial, the public defender, as usual, will fail to investigate and make nu- merous mistakes and cause a verdict of guilty. A HOUSE DIVIDED CANNOT STAND Recently, it was reported in the Philadelphia Inquirer by Brandon Bloss, EX0188, SCI Somerset that, “Scores of capital murder convictions in PA have been reversed or sent back because of error by defenders, I am writing this letter in regards to all the bickering whose low pay can take a high cost.” (Front page, that has been going on concerning smoking. Really, peo- 10/23/11). ple? You are complaining about smoking when there are more important issues that we need to focus on and stand together to get changed. In the final tally, the rich kid is saved. He or she gets to go home, to college, and on with his or her life, allowed to “What things?” you may ask. Let me mention a few: 1) live to laugh about it years later. By contrast, the poor parole; 2) pardons for lifers/long-term; 3) inmate base kid will be convicted of a felony, sentenced to years in pay raise; 4) medical treatment and co-pay; 5) commis- prison, and stigmatized for life. Chances are that the sary prices; 6) quality of items sold in commissary; 7) poor kid will be just making parole when the rich kid is cable prices; 8) cost of phone calls; 9) denying publica- graduating college. Unlike the rich kid, who was given tions; 10) taking legal material out of the law libraries; every chance to succeed, the poor kid’s chances for a pro- 11) I don’t know about your jail, but the Visiting Room ductive life have most likely evaporated with that first here is now closed on Thursdays; and the most recent to felony conviction. catch my attention —12) copying costs. Do you know that one case of paper has 5,000 sheets of This is a diabolical double-standard that reaches into recycled paper? Let’s say that, at most, the DOC pays every aspect of this “great” county, ruining many lives. $40/case (no taxes, they are exempt), and the contract Of course, nobody wants a lawless society, but fair is fair, for the copier is $200/month (hey, let’s say $500/month, and the way it is set up now is completely unfair. why not?) So, doing the math at 10¢ per copy, the DOC makes $500 (or more, if you are making double-sided What if the poor kid had sufficient representation like a copies) for one case of paper! That means after one case Leon Williams, Willie E. Gary, Johnny Cockran, Dave of paper, the DOC has paid the contract for the copier Rudovsky, or Peter Goldberger? I guarantee the result for that month. The next case of paper already starts would be different. The poor kid would not be convicted generating profit! They profit from your legal research and there would be a steep decline in the prison popula- when you print out case laws! How crazy is that? Why tion across the county. did they start selling Vend-a-Cards on the commissary? To make more money! Why aren’t we paying 1¢ per In fact, if the playing field were leveled for the have- copy? nots relative to the haves in all areas of concern: housing, Everyone wants to complain, but nobody wants to do education, employment, and criminal justice, there would anything about it because they don’t want to sacrifice be no question about the U.S.’s so-called greatness. But, anything. Let me ask you this, when the settlers of until it treats its have-nots commiserate to its haves, it North America got tired of British rule, did they sit will always fall short of its ideals and it will continue to around and complain, hoping it would get better? How miss the mark of greatness. about when Germany started to run amok in Europe, did everyone sit around, hoping Germany would stop? Did Dr. Martin Luther King, Jr. just make a lot of speeches and then sit back and hope change would come? The answer to all of these questions is “NO!” The people stood together and had to sacrifice their very lives to get the change they desired. Now, I am not saying that we need to rise up and be- Banned continued from page 3 come violent. What I am saying is that we need to come together (including family, friends, relatives, etc.) to get prejudices or unconscious or subjective racism. A favora- these changes made. Dr. King, Jr. accomplished a lot ble decision from the State Supreme Court might open with his peaceful demonstrations. the door for prisoners to attack and challenge the DOC’s So, for all of you who want to complain about smoking oppressive arbitrary and racist banning of books like 100 and other matters, instead of standing together, I am sure Years of Lynchings, Speeches by U.S. Congresswoman the DOC administration would like to say, “Thank you,” Maxine Waters, and Black Robes, White Justice by N.Y. because they know that a house divided cannot stand. State Judge Bruce Wright. 12 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 13. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 $250 for first place, $100 for second place, and $50 for third place. Announcements Topics: Please write an essay addressing one of the fol- lowing questions:  What does fair treatment look like in prison?  How does your institution deal with inmates who are Preserving Your Claim Under the Prison violent or disruptive? Are people sent to solitary con- Litigation Reform Act (PLRA) is a new docu- finement? Is the disciplinary system fair, and does it help to maintain order? ment that was recently sent to all of Pennsylvania’s state prison libraries. It was written by Alex Rubenstein, 2012  Tell us about a notable or surprising experience Candidate for J.D. at Rutgers School of Law-Camden. It you’ve had with another person in the legal system— is intended to provide some background information on whether a judge, a lawyer, a guard, or anyone else. the PLRA, and also explain how the law impacts court What did you learn from it? claims filed while in jail or prison. Additionally, this pamphlet explains how to properly follow the grievance  The goals of criminal punishment include retribution process employed by the Pennsylvania Department of (giving people what they deserve), deterrence Corrections, in order to help protect any claims you may (discouraging future crimes), and rehabilitation bring relating to prison conditions from being dismissed (improving behavior). What purpose, if any, has your for failure to exhaust administrative remedies. Even for time in prison served? Should one of these purposes claims that are not affected by the exhaustion require- be emphasized more? ment, this pamphlet should serve as a helpful tool for correctly filing grievances.  Have you ever filed a grievance with jail or prison authorities to complain about conditions? Tell us If your law library does not have this pamphlet, please about it, and explain how the grievance process contact Graterfriends (address on page 2). works. Are grievances effective? How do prison au- thorities respond to them? How do you feel about Life Support for Women with an federal law’s requirement that prisoners file griev- ances before suing about prison conditions in court? Incarcerated Loved One is a support group for women looking for a safe place to share feelings and con-  If you have been released from prison, what chal- cerns about incarcerated family members. The group lenges did you face in reentering society? usually meets the second Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Socie-  How, if at all, do you maintain relationships with ty: 245 N. Broad Street, 3rd Floor, Philadelphia, PA your family while in prison? Describe the prison 19107 (Race-Vine station, across from Hahnemann Hos- rules that govern how much contact you can have pital). with your family. How has being in prison affected your family relationships? Please note: Please do not discuss your innocence or guilt or ask for For more information: legal assistance with your case. Submissions are not con- Mason Barnett, 215-564-6005, ext. 106 (Prison Society) fidential. Whatever you write will not be protected by Desiree Cunningham 215-758-5877 (Support Group attorney-client privilege. If you have an attorney, please questions only) speak with your attorney before submitting your work. Rules: You may submit an essay if you have been an The Yale Law Journal welcomes submis- inmate in a prison or jail at any point from January 1, sions for their first Prison Law Writing 2010 through September 30, 2012. We welcome essays of Contest. If you are or recently have been in jail or about 1000-5000 words, or roughly 4-20 pages. Please prison, we invite you to write a short essay about your type your submission if possible. If you must write by experiences with the law. The three top submissions will hand, please be sure your writing is readable. Feel free to win cash prizes, and we hope to publish the best work. work together with others, but your essay should be in your own voice. Background: The Journal is one of the world’s most respected and widely read scholarly publications about Essays must be received by October 1, 2012. Email your the law. Our authors and readers include law professors submission to YLJprisonlaw@gmail.com if possible. If you and students, practicing attorneys, and judges. The con- do not have email access, please mail your work to: The test offers people in prison the chance to share their sto- Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, ries with people who shape the law and to explain how New Haven, CT 06520-8215. Please include your name the law affects their lives. Where permitted by state law, and the name of the institution where you are or were the authors of the winning essays will receive prizes: imprisoned, and tell us the best way to reach you now. 13 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 14. Graterfriends ― A Publication of The Pennsylvania Prison Society ― June 2012 Bernie Mac continued from page 7 Home Front continued from page 2 Sometimes I hear the rapturous, staccato-tongue of a base of support and action. The next meeting will be held preacher rousing his congregation. the stentorian baritone on June 23. pontificating on worldly affairs with a professorial eloquence. A week later, the Reentry Support Project, an initiative A dashiki-wearing character chants: “Say it Loud! I’m of the Fox Rothschild Center for Law and Society at Black and I’m Proud!” He explodes into rage and rants Community College of Philadelphia hosted the day-long about child molesters. BOOM! BOOM! BOOM! The Prison Advocacy Summit. Several years in the planning, sound of gunshots rumble up from his throat as he exacts this conference offered numerous workshops on the street justice and comeuppance. Vicious left hooks and many ways to work on behalf of our loved ones behind hard right hands whistle on the wind as he destroys an bars. Advocacy sessions included: Overcoming Obstacles imaginary opponent. He sometimes roars like a barbaric to Movement Building, Creating a Voting Power, Legis- post-war survivalist in Mad Max. lative Advocacy, Mobilizing Families and Networks Against Prisoner Abuse, Using Social Media for Move- But the most dominant voice that emerges from this ment Building, Developing Youth Leadership, and many motley brood — (and probably the one that landed him others. A generous donation on the part of Pennsylvania on Pennsylvania’s Death Row) — takes on the person of State Senator Shirley Kitchen made the summit possi- a mob boss: ble. Numerous other co-sponsors added both their sup- port and expertise. Among those were Angus Love, the “Mother _____, you don’t want war! I’m Frank Nitti… director of the Pennsylvania Institutional Law Project, I’m Nino Brown…I’m Big Al Capone!” Hannah Zellman of the Institute for Community Justice, Hakim Ali and William Goldsby of Reconstruction, Inc., There are countless prisoners trapped in isolation in former political prisoner Laura Whitehorn, and commu- dark, cruel gulags all across the U.S. designed to enforce nity activist Bruce Cottman. Tyrone Werts, a recently sensory deprivation that gradually chips away at the released lifer, was also in attendance. human spirit and mind. For well over 200 years, the U.S. Congress has enacted statutes that provide treatment for federal prisoners. “Who are or Shall become insane dur- ing the term of imprisonment.” I’ve never seen a prison psychiatrist speak to Bernie Mac. Perhaps they’ve just resigned themselves to the fact “An individual has not started living that he is just too far gone to be helped. So what purpose does it serve the State to continue to house the mentally until he can rise above the narrow con- ill, year after year, at an estimated annual cost of fines of his individualistic concerns to $36,000 to $40,000? the broader concerns of all humanity.” Listen to B Mac as he reminds his crew: “I did 19 years —Martin Luther King, Jr. on Death Row for y’all. 19 years!” SUBSCRIPTION INFORMATION Support our mission and become a member! Receive Graterfriends and Correctional Forum for: Make a check or money order payable to $5 Prisoner $200 Patron The Pennsylvania Prison Society $10 Prisoner Family $250 Sponsor 245 North Broad Street, Suite 300 Student $500 Founder Philadelphia, PA 19107 $40 Regular Membership $1,000 1787 Society $100 Friend of the Society Prisoners may pay with unused postage stamps. Are you a prisoner who just wants Graterfriends? You may subscribe just to Graterfriends for $3. Name _________________________________________ Prisoner Number _______________ Institution _________________________________ Address ______________________________________________ City _______________________________ State _______ Zip ________________ Payment Amount _____________________________________ Payment Method _____________________________________________________ NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue. 14 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.