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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 7 www.prisonsociety.org www.facebook.com/PennsylvaniaPrisonSociety July 2012 The Time is Now to End “Time With No Time Limit”! by Brandon Moody, HQ-9088, SCI Coal Township In this Issue From the Editors, Mrs. GE-6309 Time ......................... 2 Our Voices ...................................................................... 3 Think About It, Birthdays, Crossword Solutions ......... 4 Legislative Highlights.................................................... 5 Legal Chat ................................................................... 6-7 Mailroom...................................................................... 8-9 Bookcase ....................................................................... 10 Literary Corner ............................................................ 11 Pass the Word .............................................................. 12 Announcements ............................................................ 13 Graterfriends Order Form ........................................... 14 Crossword ..................................................................... 15 “The Last Word” by William DiMascio........................ 16 (See Time Limit, continued on page 15) For the LIFERS who are serious about ending Life Without Parole (LWOP) the TIME is NOW that we start taking more effective and collective steps to accomplish this goal. Yeah, I’m talking to YOU, or better yet, US, the LIFERS here in Pennsylvania! Most of us have diligently challenged this ungodly con- viction by the way of the judicial process. This is highly commendable, especially for those of us that are truly innocent or who were only accused as accomplices, but maybe it is time that we also exhaust other remedies and resources just in case the judicial system continues to fail us. The other remedy spoken of is attacking this “TIME WITH NO TIME LIMIT” (LWOP) by going directly to the legislators who are responsible for making, enacting, up- holding, and maintaining the laws which prevent US from ever returning to our loved ones. If you are not aware, the judicial branch of government only has the power to impose sentences such as ours by way of the legislative branch. This means if the legislators changed LWOP to a numerical limit or parole eligibility, then the judges would have to follow this law. So, the question is, “How do we get the legislators to change the law?” Alt- hough it may seem unreasonable or somewhat complicat- ed to fathom us having the ability to change the law, it is possible. That possibility can be manifested by a collec- tive rally by not only US (5,000 lifers), but also by using our resources in a collective effort. We need to consider the following steps: Step One: Build a line of communication with the vari- ous advocacy groups and organizations aimed at not only ending LWOP, but the Prison Industrialized System as a whole. Step Two: Don’t sit back and let the organizations do all the work, but assist them by reaching out to different churches, mosques, or other religious/ideological belief systems; and using new social media outlets to do so. Step Three: Educate ourselves on the lack of effective- ness long-term incarceration has on society as a whole, e.g., by gathering statistics on the amount of money be- ing taken away from education to be spent on correc- tions, etc. Then take these statistics and generate public awareness by the means outlined in Step Two. Step Four: Encourage our families (who are part of society) to network with each other and the various ad- vocacy organizations, and to become members of such organizations. (We may have some loved ones that don’t feel a sense of urgency when it comes directly from us, or maybe they don’t think there is anything they can do to help change the law. This is where communication with these organizations can help.) Step Five: Contact the different advocacy organiza- tions and encourage them to form a database of every lifer in Pennsylvania so that they can reach out to us and get permission from those of us who aren’t reading this to get contact information for our loved ones. For those of us reading this, we should provide these organi- zations with the information of these loved ones we be- lieve need the most convincing to join our cause. The reason for this is because our loved ones often need a

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Graterfriends is a monthly newsletter written primarily for and by prisoners in Pennsylvania. I am the managing editor and create the newsletter every month. I write the editorial on page two, and sometimes write additional news articles.

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Page 1: July 2012 Graterfriends

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

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

1

 

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 7 www.prisonsociety.org www.facebook.com/PennsylvaniaPrisonSociety July 2012

The Time is Now to End “Time With No Time Limit”! by Brandon Moody, HQ-9088, SCI Coal Township

In this Issue

From the Editors, Mrs. GE-6309 Time ......................... 2 Our Voices ...................................................................... 3 Think About It, Birthdays, Crossword Solutions ......... 4 Legislative Highlights .................................................... 5 Legal Chat ................................................................... 6-7 Mailroom...................................................................... 8-9 Bookcase ....................................................................... 10 Literary Corner ............................................................ 11 Pass the Word .............................................................. 12 Announcements ............................................................ 13 Graterfriends Order Form ........................................... 14 Crossword ..................................................................... 15 “The Last Word” by William DiMascio ........................ 16

(See Time Limit, continued on page 15)

For the LIFERS who are serious about ending Life Without Parole (LWOP) the TIME is NOW that we start taking more effective and collective steps to accomplish this goal. Yeah, I’m talking to YOU, or better yet, US, the LIFERS here in Pennsylvania!

Most of us have diligently challenged this ungodly con-viction by the way of the judicial process. This is highly commendable, especially for those of us that are truly innocent or who were only accused as accomplices, but maybe it is time that we also exhaust other remedies and resources just in case the judicial system continues to fail us.

The other remedy spoken of is attacking this “TIME WITH NO TIME LIMIT” (LWOP) by going directly to the legislators who are responsible for making, enacting, up-holding, and maintaining the laws which prevent US from ever returning to our loved ones. If you are not aware, the judicial branch of government only has the power to impose sentences such as ours by way of the legislative branch. This means if the legislators changed LWOP to a numerical limit or parole eligibility, then the judges would have to follow this law. So, the question is, “How do we get the legislators to change the law?” Alt-hough it may seem unreasonable or somewhat complicat-ed to fathom us having the ability to change the law, it is possible. That possibility can be manifested by a collec-tive rally by not only US (5,000 lifers), but also by using our resources in a collective effort. We need to consider the following steps:

Step One: Build a line of communication with the vari-ous advocacy groups and organizations aimed at not only ending LWOP, but the Prison Industrialized System as a whole.

Step Two: Don’t sit back and let the organizations do all the work, but assist them by reaching out to different churches, mosques, or other religious/ideological belief systems; and using new social media outlets to do so.

Step Three: Educate ourselves on the lack of effective-ness long-term incarceration has on society as a whole, e.g., by gathering statistics on the amount of money be-ing taken away from education to be spent on correc-

tions, etc. Then take these statistics and generate public awareness by the means outlined in Step Two.

Step Four: Encourage our families (who are part of society) to network with each other and the various ad-vocacy organizations, and to become members of such organizations. (We may have some loved ones that don’t feel a sense of urgency when it comes directly from us, or maybe they don’t think there is anything they can do to help change the law. This is where communication with these organizations can help.)

Step Five: Contact the different advocacy organiza-tions and encourage them to form a database of every lifer in Pennsylvania so that they can reach out to us and get permission from those of us who aren’t reading this to get contact information for our loved ones. For those of us reading this, we should provide these organi-zations with the information of these loved ones we be-lieve need the most convincing to join our cause. The reason for this is because our loved ones often need a

Page 2: July 2012 Graterfriends

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

2

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

From the Editors

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.

We reserve the right to edit submissions. Original submissions will not be returned. We will not print anonymous letters. Allegations of misconduct must be documented and statistics should be supported by sources.

245 North Broad Street · Suite 300 Philadelphia, PA 19107

Telephone: 215.564.6005 · Fax: 215.564.7926 www.prisonsociety.org

www.facebook.com/PennsylvaniaPrisonSociety

EDITOR-IN-CHIEF: William M. DiMascio

MANAGING EDITOR: Mindy Bogue

EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer, Francesca Schnalke

FOUNDER: Joan Gauker

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.

To protect Graterfriends from copyright infringement, please attach a letter stating, or note on your submission, that you are the original author of the work submitted for publication; date and sign the declaration.

If you have a question about Graterfriends, please contact Mindy Bogue, Communications Manager, at 215-564-6005, ext. 112 or [email protected].

(See Ten Ways, continued on page 14)

Mrs. GE-6309 Time

by Reesy Floyd-Thompson

In this issue, Dana Lomax Williams has written anoth-er “sound off” letter about her experiences (page three). You will be happy to know that Dana was recently re-leased, but she still plans on fighting the good fight for those of you still behind bars.

Jennifer Graber’s The Furnace of Affliction: Prisons and Religion in Antebellum America is reviewed by Dan-ielle Collins on page 10. The book addresses how early reformers from various religious backgrounds helped shape the corrections system before the Civil War. On that same page you will see a list, sent to us by a prison-er in Missouri, of “sanity-saving” books that you may wish to order.

Don’t miss the information about The Yale Law Jour-nal’s first Prison Law Writing Contest. The rules and requirements are listed on page 13. This could be a great contest for many of you who have taken an interest in the law.

Let us know if you like the crossword puzzles we’ve been placing in Graterfriends each month. Don’t waste money sending us a separate note about it, but if you are writing us about something else, just let us know if you like them. We appreciate the feedback.

Finally, Executive Director William DiMascio writes about what it means to be a leader (page 16). Sometimes, one has to take chances when leading others — and be accountable for decisions.

TEN WAYS TO DO TIME (FROM THE OUTSIDE)

by Reesy Floyd-Thompson, Mrs. GE-6309

Every day, our criminal justice system inducts new partners into this lifestyle. Just as it was nine years ago, resources on how to get through this are scarce. How does one maintain a relationship with someone incarcer-ated? If you are lucky, it’s a short sentence. If not, here are my ten ways for doing time from the outside.

1. Learn everything you can about your partner’s facility. You cannot advocate in ignorance. Know what all the rules are sup-posed to be. Keep track of new laws and legis-lation that might affect your partner’s sen-tence. Do your due diligence and research. Tap into the best resource — the partners who’ve gone before you.

2. Take care of home — first! You cannot give your partner everything and then figure out how to maintain the home. Keep a roof over your head. No matter what happens to you, your partner has a place to stay.

3. Misery begets misery. If you decide to have a miserable life, you will.

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

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

3

Our Voices

WHAT IS HAPPENING AT SCI MUNCY? by Dana Lomax Williams

I am astounded at how frequently these commissary prices go up, but the DOC pay rate hasn’t increased since 1986. Unbelievable! How are we supposed to purchase our basic necessities with our mediocre pay! Are you kid-ding us, DOC? I’m sure all inmates in the state of Penn-sylvania would concur with me. What’s pathetic is that the DOC expects us to work like government mules, be disrespected, verbally abused, sexually violated, and not speak up. Not so!

Ms. Giroux, whose ingenious idea was it to discontinue the incentive program in the kitchen? All we ever hear is that there is never any funding for what’s really needed. But there’s money for a new yard that we didn’t ask for. Oh, I forgot – WE paid for that. We would love having the hot water tank fixed so that we don’t have to travel from unit to unit with our belongings to take hot showers for an extended period of time. You’re a woman and it amazes me that you don’t care.

Would you at least consider reinstating some type of incentive program for the kitchen workers? After all, they do feed the entire population — officers, guests and

staff included. Every crew works very hard to keep SCI Muncy running and looking good. We would be most grateful to have other educational opportunities and not be discriminated against because of one’s sentence length. Freedom is always possible; it doesn’t matter if you have an indefinite sentence.

The only thing consistent in this institution is the in-consistencies. By the way, how are we supposed to enjoy the “new yard” when it seems like we are locked down most of the time? There is absolutely NOTHING serious that goes on here except when an inmate passes away and the prison tries to cover it up.

When your officers are in training, can you tell them that just because we are in prison doesn’t mean that we aren’t still women and human beings? The fact that we’re locked up doesn’t give them the authority to treat us any way they please and call us b______ or other de-grading names. Ms. Giroux, the judge has already sen-tenced us; abuse in many forms by your officers — male and female alike — shouldn’t be tolerated.

One sergeant is infamous for doing this over the inter-com. How in the world can this sergeant still be permit-ted to work at SCI Muncy when an inmate was sexually assaulted and almost murdered while on his shift? I re-call several of us profusely pushing our buzzers to inform him of what was happening. He came over the intercom and not only joked about the incident, but told us if we pushed our buzzers again we would be sent to the hole. The inmate had to be flown out of SCI Muncy. We were once again locked down all day, while the state police came to investigate. This sergeant is totally unprofes-sional, rude, disrespectful — and we must trust him in an emergency? Lord, help us all!

THE PRICE OF FREEDOM by Darrell Ameen McKelvie, AF-5156, SCI Rockview

It is said that history repeats itself, and now I can un-derstand why.

Our ancestors in Africa were minding their business and suddenly they found themselves captured, shackled, and kidnapped from their homeland by foreigners, placed on a ship and sailed away to a strange land. They were not only terrified, but devastated from this shock-ing experience, something far beyond their imagination.

One summer evening I was also minding my business walking down the street, and suddenly I was stopped, handcuffed, and taken to the police station. I was shocked because I did not have a clue as to what was going on. After being questioned, I was charged with murder, and months later I was found guilty of first de-gree murder by a jury — not of my peers. Now I am serv-ing a life sentence on one of their modern-day planta-tions, just like my ancestors centuries ago, being unjust-ly robbed of my liberty.

The Thirteenth Amendment states, “Neither slavery nor involuntary servitude, except as a punishment for crime

whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” So what does that make us? The Fugi-tive Slave Law in 1850 made it difficult for those who were free because if they were captured by the bounty hunters and could not prove they were free, they were placed in bondage.

Today the law says “Innocent until proven guilty.” That is rhetoric because as soon as you are stopped, shackled, and confined you are considered guilty, and if you cannot prove your innocence, you will remain confined. Sound familiar?

The judiciary system in America is filled with flaws and has failed their concerned citizens for decades, and this is one of the reasons America has the largest prison population in the world. If it was not for DNA, hundreds would still be languishing in prison. Unfortunately, most of us do not have DNA cases to prove our innocence.

I am not only crying out about my injustice, I am cry-ing out for those who are no longer with us and did not prove their innocence, and for those whose innocence was proven after they were gone. I am also crying for those who are still fighting diligently to prove their innocence,

(See Freedom, continued on page 14)

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

July Birthdays

DEATH ROW

If you do not want your name published, send a letter to Graterfriends each year you do not want it to be included. Be sure to note your date of birth.

CROSSWORD SOLUTIONS

Below are the solutions to crossword puzzles printed in this issue and the previous issue of Graterfriends.

June 2012 July 2012

(see No Action, continued on page 14)

Think About It

ALL TALK, NO ACTION ON PAROLE FOR LIFERS

by Lee A. Horton, CN-2067, SCI Mahanoy

This missive is directed to the Pennsylvania lifer popula-tion. Where do we stand at this moment on parole for lif-ers? Over the past few years, there has been a lot of talk from lifers, but no real action from the masses. Most of us want parole, but there are only a few of us actively engaged in making it happen. What happened to all the rest?

Recently, a few brothers (myself included), were en-gaged in an effort to build a vehicle that could carry lif-ers to the gates of parole. Suffice it to say, we stumbled; we had to take inventory and some time to reflect on our methodology, but we did not fall and have since then have righted ourselves. Like all the efforts that came before, our sincere effort was not in vain. Neither did our shortcomings toll the death knell for our quest. Trial and error has always been man’s most effective teacher, and we have been schooled. So the struggle continues.

Spread out across the Pennsylvania DOC are many dutiful servants of the cause of parole for lifers. Some have been toiling in the field for 20, 30, even 40 years to get a bill passed. There have been many close calls, but we came away with no prize. I would be remiss if I did not give a shout out to Brother Omar Askia Ali, who is toiling at this very moment to grow support for a lifers bill. So, the question is, “Why haven’t we been able to get it done?”

It seems to me that the main problem is that the mass-es have not yet heeded the call. Many want to eat the fruit of parole, but few want to work in the orchard to grow public support. We constantly discuss what should or could be done to make parole a reality, but never take any actions to do anything to get it done. Too many of us are on the sidelines, waiting in the wings for someone else to deliver the victory. Well, I have news for you: there will never be a victory without mass involvement from lifers, their families, and other supporters. For too long, this has been the dagger in the heart of our strate-gy to obtain parole. If parole for lifers is ever to become a reality, our attitude has got to change. We have got to get motivated.

Right now, today, the wind of change in criminal jus-tice is at our backs. The criminal justice system is un-dergoing an unprecedented overhaul. Courts, laws, pris-ons, public opinion are all redirecting their focus toward reducing the size of the criminal justice system for the

David C. Copenhefer AJ-3408, GRN

Anthony James Fiebiger DW-5907, GRN

Lewis Jordan JG-9949, GRN

Christopher Kennedy FQ-9268, GRN

Cam Ly AS-1690, GRN

Landon D. May FJ-4637, GRA

Brentt Sherwood GD-7549, GRN

Shonda Dee Walter OJ-8227, MUN

John Wayne CU-9870, GRA

Ronald Lee Weiss BS-9390, GRN

GRA = SCI Graterford PO Box 244

Graterford, PA 19426-0244

GRN = SCI Greene 175 Progress Drive

Waynesburg, PA 15370-8090

MUN = SCI Muncy PO Box 180

Muncy, PA 17756-0180

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

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

5

Ann Schwartzman

Policy Director, The Pennsylvania Prison Society

Legislative Highlights

The PA General Assembly must complete the budget for the Governor by the end of June. As of June 14, the members are working on it. Below are several criminal justice bills that may be of interest.

BILL NO. PRINTER NO.

DESCRIPTION CHIEF SPONSOR PPS POSITION

HB 75 PN 3770

Calls for the registration of transients who are convicted sex offenders. (Passed House 2/9-11, 197-1; re-referred to Senate Appropriations 6/12/12.)

Rep. R. Marsico R-Dauphin County

Oppose

HB 2331 PN 3484

Requires mandatory sentences for second and subse-quent firearm offenses. (Passed House 5/23/12, 190-7; in Senate Judiciary.)

Rep. T. Stephens R-Montgomery Cty.

Opposed to mandatory sentences

SB 100 PN 2272

The Prison Reform and Justice Reinvestment Working Group provides for numerous changes that the Prison Society is reviewing. Some of the provisions include: implementing risk assessment tools adding to the definition of crimes of violence changes in eligibility for CIP, SIP and Boot Camps

as well as changes in RRRI intensive probation in counties deleting pre-release option for prisoners Safe Community Reentry Program to help reduce

recidivism changing CCCs and CCFs for new offenders so that

technical parole violators and parolees in good standing will be diverted there as opposed to prison

clarifying official prison visitation and much more.

(Passed Senate 10-18-11 (50-0); Passed House 6/12/12 (198-0). In Senate Rules and Executive Nominations 6/13/12. Must have both chambers agree to all amend-ments for the bill to be finalized. )

Sen. S. Greenleaf R-Bucks and Montgomery counties

Generally support, but reviewing recent amendments Oppose deletion of pre-release

HB 645 PN 3663

Creates additional parole restrictions on repeat offend-ers of violent crime- must serve 85 percent of the maxi-mum sentence to be eligible for parole. (Passed House 6/6/12, 191-3; in Senate Judiciary.)

Rep. T. DeLuca D-Allegheny County

Oppose

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

When submitting a letter or column to Graterfriends for

publication, please remember to attach a letter (or note on your

submission) that it is for publication and that you are the

original author; date and sign the declaration. Thank you.

Legal Chat heinous crimes. Heinous cases are typically murder and sex offenses. No judge wants to give someone a new trial and risk losing an election due to being “soft on crime.” Currently, the organization Pennsylvanians for Modern Courts is arguing for a merit-based system for appoint-ing judges.

Meritorious Issues: Look for sound legal issues in your case that are easy winners (such as an illegal sen-tence, defective jury instructions, and trial errors that are not considered harmless error). Remember, the law must fit the facts. Find a case that has the same legal issue that you are raising and with a similar set of facts. This is called “On all fours.”

David Lusick CQ-3760, SCI Albion

WHAT YOU MAY NOT HAVE KNOWN ABOUT SENATE BILL 1183 (ACT 111)

Under SB 1183 (now Act 111) sexual offenses shall be classified in a three-tiered system, within which the defi-nitions of these Title 18 offenses have been changed.

Under this tier system, the requirements for registra-tion have changed as well. Thus if you thought that you did not have to register before, you better think again and make an attempt to go to your law library and find out what tier you are in. The tiers have been defined by criteria relating to the nature of their sex offense, not by the severity or risk of re-offense; nor does the system differentiate between violent and non-violent offenses. As for the Periodic In-Person Appearance Requirements, they are as follows:

1. An individual convicted of a Tier I Sexual Offense shall appear annually for a period of 15 years.

2. An individual convicted of a Tier II Sexual Of-fense shall appear semi-annually for a period of 25 years.

3. An individual convicted of a Tier III Sexual Of-fense shall appear quarterly for the remainder of his or her life. (Previously, this type of require-

WHY IS TAXPAYER MONEY USED WHEN STATE OFFICIALS ARE SUED?

When prisoners file civil law suits under 42 U.S.C. sec-tion 1983, they must sue state officials in their individual capacities only. Prisoners are precluded from suing state officials in their official capacities because the Eleventh Amendment to the U.S. Constitution precludes a state from being sued. When you sue a guard in his/her official capaci-ty, you are, in a real sense, suing the state, as the guard is an agent of the state. So, the U.S. Constitution does not allow for taxpayer money to be used for this purpose.

However, the taxpayer money is being used when the state attorney general’s office represents a guard or when the office of the DOC’s staff attorneys represents a guard or prison official. When a prison official is sued in an individual capacity, why is taxpayer money being used to pay for his legal defense? When the jury awards damages, why is taxpayer money being used to pay the damages awarded? Does this not also violate the Elev-enth Amendment to the U.S. Constitution, as well as the Supremacy Clause of the U.S. Constitution? If a prison official commits a crime in his individual capacity, he or she must hire his or her own lawyer and pay out-of-pocket expenses! So why is taxpayer money being used when both the Eleventh Amendment and Supremacy Clause forbids it? Does anyone have an answer?

George Brooks-Bey AP-4884, SCI Frackville

TIPS FOR YOUR CASE

Theory of your case: One of the hardest things for a pro-se filer to do is to stay focused on the theory of his or her case. “The theory of your case” is the phrase or state-ment that the court will instantly recognize as being the lynchpin, or centerpiece, of your case. In literature, this is called the main theme.

Recall O.J. Simpson’s theme. Johnny Cochran ham-mered home the following statement, “If the glove does not fit, you must acquit.” Find your theory and structure your petition around that statement. Weave a story line and apply the law to the facts of your case.

Diligence: You should give some consideration to tak-ing a paralegal course or learning from reading other case briefs. Learn how other lawyers analyze case prece-dents. Learn the difference between controlling cases and persuasive cases. Learn what it means to modify, extend, or make a new rule of law.

Politics: Beware, state and local court judges are elected officials and are averse to politically charged or

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7

CORRECTION

In the January 2012 issue of Graterfriends, the article “Medical Alert: Understanding Prostate Cancer” was incomplete. The bottom paragraph should read:

Dr. Stephen Freedland of Duke University Medical Center writes, “Although our con-tention that prostate cancer grows more rapidly and transforms earlier from latent to aggressive disease in AA men requires validation, it is undisputed that AA men bear a greater prostate cancer burden…Continued efforts to vigorously screen for prostate cancer and understand underly-ing reasons for more aggressive disease in AA men are desperately needed.”

We apologize for any confusion the last few missing words may have caused, and thank Frank Brown (AY-6819, SCI Frackville) for noticing and informing us of the error.

ment was reserved only for sexually violent pred-ators, or SVPs).

Under the Adam Walsh Child Protection & Safety Act, this form of registration has been made retroactive. The text of the act gives an example: “[a] Tier III sex offender who was released from imprisonment for such an offense in 1930 will still have to register for the remainder of his or her life. A Tier II sex offender convicted in 1980 is already more than 25 years out from the time of release. A Tier I will have to register for 10-15 years. In such cases, a jurisdiction may credit the sex offender with the time elapsed from his or her release.”

For the most part, the Adam Walsh Child Protection & Safety Act has been established primarily for federal prisoners. However, it does permit victims of state crimes to participate in related federal habeas corpus proceedings, thus placing yet another road block in front of individuals who have been wrongfully convicted of these offenses. This makes it even harder to either over-turn their cases for a trial or to be released.

The Adam Walsh Child Protection & Safety Act has also established a post-conviction civil commitment scheme that authorizes the federal government to initi-ate commitment proceedings with respect to any federal prisoner in custody of the Federal Bureau of Prisons. Under this provision, even prisoners who have never been previously charged with or convicted of a sex crime may be civilly committed after completing their entire prison sentence. [See U.S. v. Comstock, 5513d 274 (4th Cir. 2009).] Act 111 also addresses such actions pertain-ing to state prisoners.

I have the utmost respect and sympathy for Mr. John Walsh, his family, and the actual victims of these night-marish crimes. However, as necessary as this law is for those who have committed these types of crimes, there are those of us who have been wrongfully convicted. To add to the already painful nightmare wrongful conviction brings, if their appeals fail, they are now looking at a new life sentence scarier than the one they already faced.

Please contact your families, your friends, and whatev-er state legislators and media outlets you can, and ask them to fight or lighten the weight of Act 111, or at least for those who have not been classified as SVPs or have been wrongfully convicted.

Jason Kollock HC-9934, SCI Houtzdale

PERMANENTLY DISABLED, BUT FORCED TO WORK

On the street, I receive treatment for mental health disorders and, as a result, I was deemed permanently disabled and I collected Social Security Disability.

The problem is that SCI Mahanoy is forcing me to work in the kitchen, which worsens my condition. I informed every official in that prison of that fact, via request slips, and they all claim that they can do nothing for me.

On 4/16/12, I was issued a misconduct for “failing to report to work.” I was given two weeks’ cell restriction. The unit manager didn’t want to hear the reason I could not go to work, even though it was a medical reason. He also wouldn’t pull me out of the kitchen.

Then, on 4/25/12, the psychologist FINALLY came to the block to talk to me after numerous requests. To make a long story short, I requested to see the psychiatrist due to experiencing a very high level of anxiety, and the psy-chologist would not let me in to see him. I also told her how much the kitchen job was worsening my condition. All she told me was, “I have nothing to do with employ-ment.”

Does this prison have the right to force someone who is legally deemed permanently disabled and who collects SSD to work in the prison? If not, what action can I take to get out of the kitchen in order to avoid more miscon-ducts due to my medical problem?

Also, when a mental health patient requests to see the psychiatrist, does the psychologist have the authority to deny that patient access to that doctor? If not, what ac-tion can I take as far as that is concerned?

One more question: Do prison officials have the right to write up someone for not reporting to work because of a medical condition? What can be done about that?

I have a record of the misconduct and sanction, all re-quest slips I submitted (with the responses), and the griev-ance I currently have pending against the psychologist.

I would greatly appreciate any and all advice regarding these issues. Thank you.

Keith Connors HB-7072, SCI Mahanoy

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

Mailroom

ATTENTION PRISONERS: FREE NEWSLETTER

To get your free Under Lock & Key (UL&K) newsletter, send your name, number and address to the following address:

Under Lock & Key MIM (Prisons) PO Box 40799 San Francisco, CA 94140

UL&K prints issues that other newsletters do not. I even sent my grandsons copies of UL&K and Graterfriends. UL&K is a must-have for jailhouse lawyers.

Thomas Barndt CT-7510, SCI Graterford

WE LOST ONE

I learned today that we lost one. Our sister, Wanda Moore, who was released from here five years ago, passed away March 31. Although it hurt to know that I’d never get to talk to her again, or read her sloppy handwriting that I teased her about, I was consoled by the fact that she died basically free, and that she had been granted valuable time with her family (children, grandchildren, and husband). God bless her in whatever is next for her!

What pissed me off was that the DOC posts everything about us, especially the negative, but they didn’t let us know we lost a sister…a comrade…a friend. Why? Her death, to US, was important, as was her compassionate release and her living beyond what they expected. I bet that pissed them off — a strong, black woman, who once made a grave decision that cost someone else’s life, defied the odds that fueled their compassion.

Well, great for you Wanda, and great for every second you got to truly live outside these gates. God bless your husband and all your children, grandchildren, and other loved ones. You became one of my heroes, and I (WE) will miss your beautiful smile.

Terri Harper OB-7637, SCI Muncy

HELP REGARDING VOTER ID LAW MAY COME FROM PITTSBURGH

I read in the Legislative Highlights section of the May 2012 Graterfriends that Allegheny County State Repre-sentative Joseph Preston (D-East Liberty) introduced House Bill 1994, which would reduce sentences for cer-tain individuals under the age of 18, and/or parole review

for those sentenced with juvenile life without parole (JLWOP)!

Just to let the brothas know (Pittsburgh brothas in particular), Mr. Preston lost his primary election chal-lenge to (Pittsburgh City Democratic Party Committee Chairman) Ed Gainey on April 24, 2012. Mr. Gainey has no Republican challenger on the upcoming November election ballot, so he’s all but guaranteed to win and be sworn in as the 24th district representative. Mr. Gainey says his main concern is addressing the changes brought on by the new Voter ID Bill! If we want/expect Mr. Gainey to support legislation such as HB-1994, I suggest we (particularly the brothas and sistas from Pittsburgh) contact him ASAP and do some networking!

Terrance Washington DN-3858, SCI Somerset

Editorial note: If you’d like to contact Mr. Gainey, his office address is below.

Ed Gainey 6014 Penn Avenue Pittsburgh, PA 15206

ANOTHER THOUSAND DOLLAR FIX TO A HUNDRED DOLLAR PROBLEM

The Pennsylvania DOC has instituted a state-wide meal ticket program to discourage the small percentage of us that eat twice. Meal trays on average cost about 40 cents each to prepare. The Department of Corrections must now have over 50,000 meal tickets printed weekly and have at least two more corrections officers assigned to each dining hall. The extra staff doesn’t just come in during meals; they work the full eight hours and with jails that have three dining halls. This is very costly.

All this money could be better spent providing pro-grams to assist us and maybe, just maybe, putting a little bit more food on the trays in the first place, there-by cutting the NEED to eat twice. This is, yet again, another reason I call into question the wisdom of Cen-tral Office Administration, wasting a dollar to save a dime. As in my case, personally, they are spending thou-sands of dollars litigating a matter with me opposed to spending less than eighty dollars to remedy the matter. Like the headline states, “Another thousand dollar fix to a hundred dollar problem.” I ask you all to clip this sto-ry out and mail it to the Governor of Pennsylvania.

Darren R. Gentilquore GX-1572, SCI Albion

PRISONS: NOT JUST PUNISHMENT

Prisons should not be just for punishment, but should be a means of reintegrating offenders back into society. Without education, prisons are just black holes that swallow up prisoners and hide them from the public. To be a real deterrent, prisons should be in the cities and

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(See Mailroom, continued on page 11)

towns where the crimes were committed so that friends or relatives can learn from their mistakes.

James Detmer #525-717, 3505 Frederick Ave.

St. Joseph, MO 64506

THE HARM AND THE BENEFIT

It seems it’s easier for Taliban prisoners to get re-leased than it is for Pennsylvania lifers to get commuta-tion. On May 7, 2012, CNN aired a story revealing that U.S. officials were reported to have “released up to 20 Taliban prisoners over a two-year period in an effort to promote peace talks” with the Taliban. They felt that the benefit from their release would outweigh any harm.

Meanwhile, Pennsylvania prisons are overflowing with prisoners, costing taxpayers more money that could be used for education and communities. But it doesn’t look like Pennsylvania officials see the benefit of parole eligi-bility or commutation for proven rehabilitated lifers.

Unlike the “up to 20 Taliban prisoners” that were re-leased just to “promote” peace talks, Pennsylvania lifers simply ask that the legislature and the Board of Pardons and Parole take an honest look at deserving, rehabilitat-ed lifers’ behavior, work records, academic and vocation-al records, and home plans, and grant them commuta-tion (life on parole), with all of the monitoring and su-pervision necessary.

The cries for parole for lifers are getting louder, and an established process like commutation can be an easy test to show how smart this would be. When you consider how low recidivism is for paroled lifers, it’s hard to see how any harm can outweigh the benefits.

Marcus Lloyd DY-7903, SCI Coal Township

KUDOS

I just received my May issue of Graterfriends, and I like the articles that were published this month. I espe-cially liked the way that Dante Overby (GZ-5437) took the time to lay out the proper procedures for overcoming a hard battle that a lot of men here feared to have to fight themselves. Trial and error is a monster that no one wants to confront head-on. It’s nice to know that we have individuals out there who are fighting hard, and not just laying down their proverbial sword. And even greater, that you’re sharing your triumph with us and sharing the map to help us navigate rough terrain.

We need more articles of shared wins. It helps to see candles still burning bright. Too many individuals give up, before they even start the good fight. And that, in and of itself, is disheartening. Keep up the good work, and the fight.

Torrey Real EL-1916, SCI Frackville

VISITS CANCELED FOR STAFF APPRECIATION DAY

Today was a sad day for those inmates who receive visits on Wednesday, or any other weekday visit.

All visits for Wednesday, May 9, were cancelled so that the inmate visiting room and play area for the visitors’ children could be used for Staff Appreciation Day.

As far as I know, not one inmate nor family member complained, nor made a complaint to any higher-ups about this blatant misuse of the inmate visiting room, and the unwarranted cancellation of all visits on this day.

In the 10 years I have been here at SCI Graterford, the inmates have not lost visits to this event in the past. So, why now? Why should the inmates and family members be subjected to no visits when this has nothing to do with a lockdown, as per the DOC policy, in which a lockdown or security breach would be the only reason for visits to be canceled.

No disrespect to staff, but we were denied visits so that staff could have a BBQ, and that could have been taken care of outside the walls of this institution as in the past, and another area could have been used instead of deny-ing visitations just for Staff Appreciation Day.

So, what gives? This might aggravate some, but right is right, and wrong is wrong regarding the cancellation of visits just to have a party.

James R. Cruz CL-1798, SCI Graterford

IN LOVING MEMORY OF JON YOUNT

I am saddened by the death of a very dear soul, Mr. Jon Yount. Jon was intelligent man; kind, inspiring and gentle. He, in my opinion, was certainly one of the many lifers who deserved a second chance at life outside the walls. He will never get that opportunity now.

After serving 46 years in these state prisons, Mr. Yount decided to take his own life. I suppose he’d had enough of this cruel system we call the Criminal Justice System. Was it because the Board of Pardons shot him down yet again? Or, perhaps he was simply tired of all the jailhouse madness. I guess we’ll never really know. This system is supposed to provide opportunities for inmates to show redemption so that they may earn their way to freedom, becoming productive members of society, yet it does not.

Mr. Yount had written many articles over the years, several in this very publication. Jon was always active in advocating in some way. If he wasn’t studying law for the betterment of the system, he was writing to legisla-tors, or inspiring others to get involved in some way. He was always trying to make things better.

Jon kept busy all the time. He was either using his incredible brain for something positive, or going to the

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

Bookcase

THE FURNACE OF AFFLICTION: PRISONS AND RELIGION IN ANTEBELLUM AMERICA

BY JENNIFER GRABER

Book Review by Danielle Collins, Editorial Assistant

In The Furnace of Affliction, Jennifer Graber explores the historical intersections between prison and Protes-tantism in pre-Civil War America. Graber, an assistant professor of religious studies at Wooster College, places modern conceptions about prison and punishment in historical context and notes that debates about the pur-pose of prison have been ongoing for nearly two centu-ries. Policy and public discourse throughout the nation’s history have swung wildly between viewing prison as a way to punish people or as an experience to aid in their rehabilitation, or both. For much of the country’s history, religion was central to the debate on both sides.

As Graber demonstrates, early Protestant reformers had many different notions about how prisons should function — and even what their role should be — but all agreed that the nation’s penal institutions should feature humane living conditions and practices. They operated under the religious notion that “criminals can and should be redeemed,” and wanted to make sure that pris-ons worked toward this purpose. Operating out of these convictions, Protestant reformers were central players in the process of shaping early American prisons.

Benjamin Rush, a Philadelphia physician, signer of the Declaration of Independence, and a founding member of the Philadelphia Society for Alleviating the Miseries of the Public Prisons (now the Pennsylvania Prison Socie-ty), was among those who called for more humane prac-tices in criminal justice. Rush advocated for “strict but humane environments designed for reform,” involving labor and solitary cells for the worst offenders. Working along side Rush at the PSAMPP were Pennsylvania Quakers who advocated for similar practices, along with Bible reading and silence.

Quakers were also a visible presence in the develop-ment of prisons in New York State. Newgate Prison in New York City, the state’s oldest prison, was established as the result of efforts by Quaker merchant and philan-thropist Thomas Eddy. As Graber writes, “Eddy’s prison ideal combined these internal [Quaker] traditions of child-rearing and group discipline with the Quaker ex-ternal concern for other people.” These influences and concerns led to his conception of the prison as a “garden”

in which inmates reflected on their wrongdoings and engaged in wholesome, character-building activities. Eddy’s efforts were met with resistance from inmates who consistently rioted and attempted to escape, causing pub-lic officials to question the efficacy of Eddy’s religion-centered policies and remove the Quakers from the prison inspectors board.

In contrast with “the prison as garden,” Eddy’s succes-sors had a less gentle conception of the role of prisons in inmate reformation. Baptist minister Reverend John Stanford envisioned the prison as a furnace in which “criminals necessarily experienced state-imposed physi-cal and psychological pain” in order to prepare them for redemption. Stanford’s model was exported to prisons across the state, including Sing Sing (the successor to Newgate) and Auburn prison.

In the ensuing years, explicitly religious dimensions of prison life were slowly marginalized. Protestant reform-ers’ theology of redemptive suffering was pushed aside for a “religiosity of citizenship,” in which ethical behavior and obedience to secular authority were tantamount. Secularization resulted in a system quite unlike either the garden or furnace Protestant reformers had envi-sioned. Secular prison officials heaped more and more degradation and physical punishment upon prisoners, and by the middle of the nineteenth century, prison con-ditions were widely acknowledged to be hellish. At this point, Protestant reformers shifted from attempts to in-fluence the direction of prison life to critiquing harsh in-stitutional conditions and practices. In their attempts to institutionalize religious beliefs and practices in the pris-on system and in society at large, antebellum Protestant reformers actually laid the foundation for a system that

SANITY-SAVING BOOKS by James Detmer

(#525-717, 3505 Frederick Ave., St. Joseph, MO 64506)

I am a new subscriber with an indeterminate sentence of which I have served 10 years and 74 days. I filed three lawsuits and lost them all due to a lack of any law li-brary. Three books, free to prisoners, have helped me keep my sanity. I especially recommend them to lifers and death row inmates.

What is Karma? Larson Publications Dept. A 4936 Route 414 Burdett, NY 14818

Kabbalah Revealed Laitman Kabbalah Publishers 2009 85th St. #51 Brooklyn, NY 11214

The Story of Edgar Cayce A.R.E. Press 215 67th St. Virginia Beach, VA 23451-2061

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Literary Corner

Mailroom continued from page 9

gym or outside to go for a walk. He kept active in mind and body. Jon has been a blessing for many, and has touched the lives of far too many to count. He will be missed, but not forgotten.

I and many others respect Mr. Yount — not only for how he helped others and how he held his head high, but for having the courage to leave this system on his terms, not on anyone else’s.

Rest in peace, dear comrade. We honor and respect you.

Brenda Emerick Rices Landing, PA

ANOTHER “CALM BEFORE THE STORM”

Racism and racial discrimination is a blight on the glory of American democracy. It withers the hopes, dreams, and ambitions of millions of peo-ple. Left unchecked, it poses the greatest inter-nal threat to the nation’s peace and prosperity.

To remove it, we must first expose it. We can-not allow it to hide behind the calculators and pocket protectors of “rational discriminators,” or beneath the robes of judges and corrupt employ-ees in the profession of law. In order to gain a deeper insight into our unconscious habitual responses to stereotyped groups, we all must answer the call of what Abraham Lincoln called the “better angels of our nature.” Either we rise together or sink; the choice is ours as a people.

May God bless the family Of those who lost loved ones To the bullet of no color No name or memory.

Shameek Adams JE-0551, SCI Mahanoy

HOMESCHOOLED by Hoodchild, aka James L. Hairston, #07762-068 Federal Correction Complex, USPII, Coleman, FL

As I contemplate tomorrow while living through today Dreaming my dreams, escaping my nightmares, Then I wake up. It is no longer about my dreams but my reality, Knowing that my destiny relies upon my PhD. Pure, heartfelt determination. Exercising patience, perseverance and the willingness to get back up after each fall, while vowing to relinquish my strength no more. Books are my deliverance. Self taught entrepreneur. I’ll rely upon man no more, I’ll create my own life’s doors. I long for freedom, but love tastes sweeter to my heart. How can one be free from the incarceration of their own reality when destined to fail from the start; Under “The New Jim Crow.” Past hurts and pains are the restraining hands that prevent our manhood from maturing; Education is the eye opening cure to a life not fit for a whore. “So I’ll be ignorant no more.” A great man said, “Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.” So I’ll eat from the plate of Absolution, while sitting at the table of salvation and thank my Host Allah (ta) for the insight. My tomorrows can only be what I make them, and my dreams are actually my realities guiding me to success. Refusing to succumb to life stealing forces of pessimism, I will not surrender the light that guides me out of the abyss of self-destruction, and onto the path that can only lead to Firdous. “I will succeed!”

Do you want to subscribe to Graterfriends? See the order form on page 14.

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

Pssst… Pass the Word

SEXUALLY HARASSED? CONTACT U.S. DEPARTMENT OF JUSTICE

by George Rashaan Brooks-Bey, AP-4884, SCI Frackville

I read an article by Dana Lomax-Williams (“Sound Off,” Graterfriends, April issue) with interest and con-cern. The Civil Rights Division, Special Litigation Sec-tion-PHB is investigating/litigating sexual abuse/harassment and prisoners with mental disabilities in Pennsylvania’s RHUs being warehoused as a cruel form of punishment and control.

If a prisoner (especially a female) is being sexually harassed or abused, he or she should not be hesitant about contacting Jonathan M. Smith, Chief Investigator U.S. Department of Justice Section—PHB 950 Pennsyl-vania Ave. N.W. Washington, D.C. 20530. Your letter will be reviewed to see if there is a potential violation of your civil rights. The information you send may be ana-lyzed and your case will be selected or used as evidence in the present investigation. Your letters will be thor-oughly reviewed and if deemed necessary, you will be contacted for additional information.

The Special Litigation Section is a part of the Civil

Rights Division and it works to protect civil rights of peo-ple in state or local institutions, including: jails, prisons, juvenile detention facilities, and health care facilities and rights of people to practice their religion in a state or local institution.

The Special Litigation Section only handles cases that arise from widespread problems that affect groups of people. They do not assist with individual problems.

It should also be noted that Art. 1, Section 26 of the Pennsylvania Constitution, also known as the Common-wealth’s “Non-Discrimination Clause” is designed to pro-tect commonwealth citizens from harassment or punish-ment for exercising their constitutional rights. [Fischer v. Dept. of Public Welfare, 502 A. 2d 114 (1985); Bronson v. Lechward, 624 A 2d 799 (PA Commonwealth 1993).]

A Pennsylvania prisoner states a cause of action under Art. 1, Section 26 when she/he avers “(1) The conduct which led to the alleged retaliation was constitutionally protected, (2) that she/he suffered some adverse action at the hands of the prison officials and (3) there is a causal link between the exercise of his/her constitutional rights and the adverse action taken against her/him.” [Luckett v. Blaine, 850 A. 2d 811, 819 N.14 (PA Commonwealth 2004); Anderson v. Davila, 125 F. 3d 148, 191 (3d. Cir. 1997).] I am presently working with Chief Investigator Jonathan M. Smith of the U.S. Department of Justice. If you are being sexually harassed or retaliated against for filing a grievance, please write to Human Rights Coali-tion, Thomas Merton Center, 5/29 Penn Avenue, Pitts-burgh, PA 15224. Your letter/complaint will be lodged and I and others will be notified. Keep “sounding off!” You are being heard!

NEMO EST SUPRA LEGES by Mike McLaughlin and Mindy Bogue

The above is Latin for “no one is above the law.” This is the way justice should, in theory, work. However, in Philadelphia there is a judge who has apparently been above the law for over a decade: Willis W. Berry, Jr., a Court of Common Pleas Judge.

Judge Berry was using taxpayer money to pay his sec-retary to help him run a real estate office out of his judi-cial chambers — for 12 years. He was sanctioned by the Commonwealth of Pennsylvania Court of Judicial Disci-pline in 2009 (see: Re: Berry, 979 A.2d 991 [2009]), re-ceiving a four-month suspension, without pay.

However, several people do not think the sanction went far enough. The Philadelphia Bar Association called for his resignation after the court found his action “constitutes conduct which brings the office into disre-pute,” violating the Commonwealth’s Constitution. In addition, State Representative Steve Barrar introduced a resolution in the House Judiciary Committee that Judge Berry be impeached. The resolution still sits in committee, and Judge Berry still sits on the bench.

If Judge Berry was your sentencing judge, you may be able to use this information to file an appeal. It is very important that, if you do so, you file in a timely manner.

Also note that you should, as well, file a complaint with the Pennsylvania Judicial Conduct Board in Harrisburg, stating that it is highly improper for this judge to sit in judgment of others in criminal cases, when he is still open to criminal prosecution.

Have your family write letters to both the Pennsylva-nia Attorney General and the Judicial Conduct Board of Pennsylvania.

Remember: Nemo Est Supra Leges!

Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120

Judicial Conduct Board Pennsylvania Judicial Center 601 Commonwealth Ave, Suite 3500 P.O. Box 62525 Harrisburg, PA 17120-0901

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Preserving Your Claim Under the Prison Litigation Reform Act (PLRA) is a new docu-ment that was recently sent to all of Pennsylvania’s state prison libraries. It was written by Alex Rubenstein, 2012 Candidate for J.D. at Rutgers School of Law-Camden. It is intended to provide some background information on the PLRA, and also explain how the law impacts court claims filed while in jail or prison. Additionally, this pamphlet explains how to properly follow the grievance process employed by the Pennsylvania Department of Corrections, in order to help protect any claims you may bring relating to prison conditions from being dismissed for failure to exhaust administrative remedies. Even for claims that are not affected by the exhaustion require-ment, this pamphlet should serve as a helpful tool for correctly filing grievances.

If your law library does not have this pamphlet, please contact Graterfriends (address on page 2).

Life Support for Women with an Incarcerated Loved One is a support group for women looking for a safe place to share feelings and con-cerns about incarcerated family members. The group usually meets the second Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Socie-ty: 245 N. Broad Street, 3rd Floor, Philadelphia, PA 19107 (Race-Vine station, across from Hahnemann Hos-pital).

Please note: For more information: Mason Barnett, 215-564-6005, ext. 106 (Prison Society)Desiree Cunningham 215-758-5877 (Support Group questions only)

The Yale Law Journal welcomes submis-sions for their first Prison Law Writing Contest. If you are or recently have been in jail or prison, we invite you to write a short essay about your experiences with the law. The three top submissions will win cash prizes, and we hope to publish the best work.

Background: The Journal is one of the world’s most respected and widely read scholarly publications about the law. Our authors and readers include law professors and students, practicing attorneys, and judges. The con-test offers people in prison the chance to share their sto-ries with people who shape the law and to explain how the law affects their lives. Where permitted by state law, the authors of the winning essays will receive prizes:

Announcements

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

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 violent or disruptive? Are people sent to solitary con-finement? Is the disciplinary system fair, and does it help to maintain order?

Tell us about a notable or surprising experience you’ve had with another person in the legal system—whether a judge, a lawyer, a guard, or anyone else. What did you learn from it?

The goals of criminal punishment include retribution (giving people what they deserve), deterrence (discouraging future crimes), and rehabilitation (improving behavior). What purpose, if any, has your time in prison served? Should one of these purposes be emphasized more?

Have you ever filed a grievance with jail or prison authorities to complain about conditions? Tell us about it, and explain how the grievance process works. Are grievances effective? How do prison au-thorities respond to them? How do you feel about federal law’s requirement that prisoners file griev-ances before suing about prison conditions in court?

If you have been released from prison, what chal-lenges did you face in reentering society?

How, if at all, do you maintain relationships with your family while in prison? Describe the prison rules that govern how much contact you can have with your family. How has being in prison affected your family relationships?

Please do not discuss your innocence or guilt or ask for legal assistance with your case. Submissions are not con-fidential. Whatever you write will not be protected by attorney-client privilege. If you have an attorney, please speak with your attorney before submitting your work.

Rules: You may submit an essay if you have been an inmate in a prison or jail at any point from January 1, 2010 through September 30, 2012. We welcome essays of about 1000-5000 words, or roughly 4-20 pages. Please type your submission if possible. If you must write by hand, please be sure your writing is readable. Feel free to work together with others, but your essay should be in your own voice.

Essays must be received by October 1, 2012. Email your submission to [email protected] if possible. If you do not have email access, please mail your work to: The Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, New Haven, CT 06520-8215. Please include your name and the name of the institution where you are or were imprisoned, and tell us the best way to reach you now.

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

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No Action continued from page 4

first time in over 30 years. This is happening all over the country, and Pennsylvania is no different. A window — our window — of opportunity is open, but it won’t be open forever. When it closes, it may not open again for another 20 or 30 years.

So I ask again, “Where do we stand on parole for lif-ers?” Talk is cheap, but actions are priceless. We cannot use the lack of a politician to champion our cause as an excuse not to act. Obtaining parole falls to our own ef-forts and politicians are just public servants — tools of the people — who carry out the public’s wishes. It is up to us to assert the appropriate public pressure through our family members and other supporters to move them to assist us in reaching our goals.

We have to find a way to centralize our effort through our supporters. We must turn them into dedicated lobby-ists and spokesmen. We have to develop an effective marketing and advertising strategy. We need fresh ide-as. We. We. We. It is time lifers stop talking and take action. I invite a response from any lifer.

4. Do not whine about what you cannot control (or at all). Accept. Adapt. Activate a new attitude.

5. Do not compare your relationship to oth-ers. Everyone does time differently.

6. Go with the flow. Rules change frequently, with and without notice, with and without justification.

7. When visiting, stay focused. Do not spend time explaining, complaining, and arguing with corrections officers while precious visit minutes tick away. Visit time is more im-portant than proving a point. Settle it after the fact, if you can.

8. Do not lock yourself away. It's natural to want to isolate yourself. It's okay to wallow. Wallow with a get-up-off-your-butt action plan. Staying home, declining invitations and turn-ing people away will not make you feel better; it makes time linger. One prisoner in the fami-ly is enough.

9. Do not let friends and/or family talk you out of your confidence. Live your life, not the one they have planned for you.

10. Redefine normal. Normal is what is routine to you.

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

Ten Ways continued from page 2

whose cries fall on deaf ears.

A wise man said, “Injustice is a threat to justice every-where, and justice too long delayed is justice denied.” You could never imagine the thoughts or feelings of an individual who has been unjustly kidnapped, convicted, and confined.

After 38 years of being innocent and wrongfully con-victed, I thank the Creator for blessing me to still have my health and sanity. Although I am sick and tired of being sick and tired, my faith is what keeps me strong Adversities in life only test who we are.

What a price we have to pay for freedom.

Freedom continued from page 3

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15

“Seeing Double Duty” by Dave Fisher (puzzles.about.com) For solution, see page 4.

Leadership, continued from page 16

Across 1. Span's partner 5. Prefix with body or

freeze 9. Pearl or peridot 14. Broke 15. What a litigant

does 16. Spanish birthplace

of St. Theresa 17. Choir section 18. Con's game 19. Flax fabric 20. Like a stunned

beachcomber? 23. ___ loser 24. Choose 25. Mar's follower 28. Part of SUV 31. Flavor enhancer 34. Fleece 36. It could be white 37. Salmon type 38. Anxious cigarette

consumer? 42. Go ___ (nag) 43. Use 52 Down 44. Speeds 45. ___-Mex 46. Black and white 49. ___ for the money 50. See 51 Across 51. Uses 50 Across

53. Soviet actors take a bow?

61. Nasty necktie? 62. Seed coat 63. Popular cookie 64. Market opener 65. Takeout place? 66. Await judgment 67. Acid and litmus 68. Put up 69. Lessen Down 1. Ems et al 2. Vault necessity 3. Tiny Greek letter 4. Ticked off 5. State categorically 6. Cell centers 7. Colorful duck 8. Doctrines 9. Hillbilly's car 10. Turn out 11. 'Just kidding' signal 12. Robert ___ 13. Bring down 21. Mythical Muslim

maiden 22. Roomy place? 25. Cravat 26. Booth item 27. Send a document

again

29. 'Camel' of the Andes 30. Davis Love

letters? 31. Slogan 32. Martin in

"Apocalypse Now" 33. Furze 35. Buccaneer's back 37. KGB adversary 39. S. Pacific island

with important phosphate deposits

40. Goose egg 41. Providence, R.I.

university 46. Riot cops at times 47. Schools 48. Daily preparation 50. Early stage 52. It magnifies the

game 53. MIT, for example

(abbrev.) 54. Libertine 55. Trip taker's excla-

mation 56. Parking garage

feature 57. 30 Down, for ex-

ample 58. W x H 59. Part of SLR 60. It makes a prospec-

tor prosperous

face-to-face visit or a phone call from some-one in an official capacity to motivate and direct them on what they can do, what rally to attend, and/or what to address, which may give them the confidence to do whatever they can to end LWOP, THE OTHER DEATH PENALTY, or whatever else you want to call it, but most of all, do what’s necessary to get us home.

We and our loved ones should be reminded that the government was empowered to serve the people, which means that our peo-ple have the power to force a change in the law. So, the time to get started is NOW! Elections will be held in November. The leg-islators need to feel the pressure from all of us to change this ungodly law. Our people need to act NOW! The mandate to legislators should be that if they don’t change the law, they don’t get a vote. Simple as that. IT’S TIME FOR A TIME LIMIT ON OUR TIME, AND THAT TIME IS NOW!

Time Limit, continued from page 1

nate? Aren’t we all responsible for our own actions? Isn’t that what separates adults from children?

Mr. Allen did what leaders often do. He spoke out on an issue of importance to his followers, he wrote it down, he put it in an envelope and he mailed to us. He clearly wanted it to be printed.

I didn’t see his article as offensive, but as Superintendent Mazurkiewicz said, there were a lot of issues stirred up at the prison.

As a matter of fact, the correspondent at Muncy virtually begged us to print her piece. She felt strongly about the issue and wanted it aired. She said she was prepared for what-ever consequences might ensue.

Graterfriends is a vehicle for expression. It is not a public relations machine: we don’t try to interpret the thoughts that we think are in someone’s head.

Somewhere along the line it is important to man (or woman)-up and take responsibil-ity for yourself.

Page 16: July 2012 Graterfriends

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

16

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

THE LAST WORD

Leadership Means Taking Chances by William M. DiMascio

Executive Director, The Pennsylvania Prison Society

First Class postage is required to re-mail

245 North Broad Street Suite 300 Philadelphia, Pennsylvania 19107

July 2012

(see Leadership, continued on page 15)

NON-PROFIT ORGANIZATION

U.S. POSTAGE PAID CLAYSBURG, PA PERMIT NO. 84

To row or not to row.

That is the question that has stirred up a faux contro-versy at SCI Greensburg.

Readers of Graterfriends may recall an article in the May issue by David Allen, president of the facility’s in-mate organization, a role that invariably puts one in difficult situations trying to mediate the interests of dif-ferent factions while dealing with the administration. Allen’s article noted that Greensburg had instituted a rowing program which grew and eventually squeezed out other activities. Allen grew tired of fielding com-plaints and suggested that the rowing program would continue to edge out other activities as long as residents kept signing up for rowing classes. “The choice is yours; all you have to do is just choose one or the other,” he wrote in concluding his article.

Allen was put in the RHU on AC status.

I started getting letters – with cover sheets warning that they were “not for publication.” The letters took me to task for publishing Allen’s letter when I should have known it would create a problem for him. I was clearly irresponsible, uncaring, reckless and worse.

I was stung to the quick! My journalistic ethic apparent-ly had sprung a leak; we were taking on water rapidly.

Aside from my bruised ego, the more important ques-tion seemed to be whether it was fair for the prison to retaliate against Allen. I called Superintendent Mazur-kiewicz to inquire. “It was not retaliation,” he said

straightaway. “It was a separation between him and an employee.”

The superintendent added that Allen had been opposi-tional toward staff and it appeared he was trying to un-dermine the staff. In fact, there was no misconduct and Allen would most likely be returned to general popula-tion, though the final decision had not been made yet.

It seemed the leak had stopped for the moment.

But there was more: one of the unnamed denouncers had also noted that we had carried another letter from a woman at SCI Muncy who openly complained about inap-propriate searches by male staff. That letter seemed infi-nitely more incendiary than Allen’s piece. My critic said that by publishing the woman’s letter, I was “contributing to dissention and controversy rather than acting as an agency intent on making lives better for everyone.”

I could feel the water rising again!

Thanks to managing editor Mindy Bogue for bailing us out once again. She contacted Muncy Superintendent Giroux who took the women’s complaints seriously and held training sessions on the proper way to conduct searches.

Row on!

So, there’s one final note for those who seem to think it is okay to write whatever they want and expect that the next person down the line will be responsible for keeping you out of trouble. Where did thinking of that sort origi-