Guild Newspage 3

“NLG Presents...” & StudentMeetingpage 4

This I Believe & Forever Onepage 5

Is the AEDPA Solid Steel &Convicted and Unwanted

page 6

Penny Wise, Pound Foolishpage 7

Prisoners’ Legal Servicespage 8

Slave Wagespage 9

Letters to Editorpage 10

Mass DissentOctober-November 2017 www.nlgmass.org Vol. 40, No. 5

U.S. of Prisons

October-November 2017 Page 1

There is a little good news toreport about Massachusetts pris-ons - since 2011 the prison pop-ulation has gone down 12 %; notmuch, but something. However,as with everything in today’sworld, when there is somethinggood to report, there is usually“but’ that follows. Yes, we see aslight decrease in incarcerationrate, but the state now spends18% more on prisons than it didin 2011. (Massachusetts nowspends more on the so-called“correctional system” than itspends on higher education!)Unfortuntaely this increase inspending is not going to coverservices and programs for pris-oners, such as medical care, re-entry support, education. (Thebudget for services for prisonershas actually gone down 3% since2011!) Most of the increase inspending has been used to hiremore prison staff (even thoughthe prison population wentdown!) and for higher wages.(2017 MassINC Report) Prisons in the U.S. havebeen used as money-makingbusinesses for a while now.Many in power profit from it,but the poor, minorities, and allthe disfranchised are stuckwith the human price tag. In this issue of Mass Dissentwe hear voices from behind the

bars of those who suffer daily.Shawn Fisher refects on theimpact that Nelson Mandela’sspeech in Roxbury had on himwhen he witnessed it as ateenager, and how he under-stands this impact now as agrown up man, incarcerated foryears. James Riva analyses theAnti-Terrorism and EffectiveDeath Penalty Act (AEDPA)and the devastating results of itsone year statute of limitation onhabeas corpus petitions. DanielHolland paints a dire picture offood in prison, especially forthose with medical dietaryrequirements. Shawn Fisher, inhis second article in this issue,urges us to fight against consti-tutionally sanctioned slaverythat continues in our prisons.Keith Niemic and StanleyDonald, in their beautiful andvery moving poems, contem-plate on love, neglect, abuse,disappointment, and all range ofemotions that make us who weare. We also hear from BonnieTenneriello about servicesavailable to prisoners atPrisoners’ Legal Services. We are privileged to hearthese voices. We thank all pris-oners who submitted their workand apologize for not beingable to print all submissions.

- Urszula Masny-Latos -

In This Edition

BOARD MEETING

October 18, 6:00 pm

14 Beacon St., 1st Fl.Boston

Massachusetts Chapter National Lawyers Guild 14 Beacon St., Boston, MA 02108

October-November 2017 Mass Dissent Page 2

BOARD OF DIRECTORS

CO-CHAIRPERSONSRebecca Amdemariam, CPCSCarl Williams, ACLU of Mass.

CHIEF FINANCIAL ADVISORSJennifer Norris, Petrucelly, Nadler & Norris

Jeff Petrucelly

MEMBERSMakis Antzoulatos, CPCS

Ricardo Arroyo-Montano, CPCSBenjamin Evans, CPCS

Benjamin Falkner, Krasnoo Klehm & FalknerJudith Glaubman, Freelance Researcher

Lee Goldstein, Goldstein & FeuerDavid Kelston, Shapiro Weissberg & Garin

Josh Raisler Cohn, CPCSElaine Sharp, Solo PractitionerBonnie Tenneriello, PLSEden Williams, Legal Analyst

LAW STUDENT REPRESENTATIVESZachary Klein, Boston College

Nicole Holbrook, Boston UniversityKatherine Robinson, Harvard

Monica Shah & Marecca Vertina, NUCarey Shockey, Suffolk

Debra Wilmer, UMass DartmouthSarita Manigat, Western New England

STAFFExECUTIvE DIRECTOR/EDITOR

Urszula Masny-LatosLRS COORDINATOR/ADMIN. ASSIST.

Julia Wedgle

LITIGATION COMMITTEE INTERNConnor Flynn

STREET LAW CLINIC COORDINATORYatzel Sabat

Mass Dissent (ISSN 0887-8536) is publishedevery other month (February, April, June,September, October, December) by the NationalLawyers Guild, Mass. Chapter, 14 Beacon St.,Suite 407, Boston, MA 02108. Second-classpostage paid at Boston, MA. POSTMASTER:Send address changes to Mass Dissent, NLG,14 Beacon St., Suite 407, Boston, MA 02108.

NATIONAL LAWYERS GUILDMassachusetts Chapter, Inc.

14 Beacon St., Suite 407Boston, MA 02108

tel.: 617-227-7335 • fax: 617-227-5495nlgmass@igc.org • nlgmass-director@igc.org

www.nlgmass.org

Street Law Clinic Project: The Street Law Clinic project providesworkshops for Massachusetts organizations that address legal needs ofvarious communities. Legal education workshops on 4th AmendmentRights (Stop & Search), Landlord/Tenant Disputes, Workers’ Rights,Civil Disobedience Defense, Bankruptcy Law, Foreclosure PreventionLaw, and Immigration Law are held at community organizations, youthcenters, labor unions, shelters, and pre-release centers. If you are anNLG attorney, law student, or legal worker interested in leading a work-shop, please contact the project at 617-227-7335 or nlgmass-slc@igc.org.

Lawyer Referral Service Panel (LRS): Members of the panel providelegal services at reasonable rates. Referral Service Committee members:Benjamin Dowling, Sebastian Korth, Douglas Lovenberg, and JonathanMessinger. For more information, contact the LRS Coordinator at 617-227-7008 or nlgmass-lrs@igc.org.

Foreclosure Prevention Task Force: Created in June 2008, the TaskForce’s goal is threefold: (1) advocate for policies that address issuesfacing homeowners and tenants of foreclosed houses, (2) provide legalassistance to these homeowners and tenants, and (3) conduct legal clin-ics for them. If you are interested in working with the Task Force, pleasecall the office at 617-227-7335.

Mass Defense Committee: Consists of two sub-committees: (1)“Legal Observers” (students, lawyers, activists) who are trained to serveas legal observers at political demonstrations and (2) “Mass DefenseTeam” (criminal defense attorneys) who represent activists arrested forpolitical activism. To get involved, please contact the NLG office at 617-227-7335.

Litigation Committee: Established in 2010, the Committee bringscivil lawsuits against large institutions (such as government agencies,law enforcement, banks, financial institutions, and/or large corporations)that engage in repressive or predatory actions that affect large numbersof people and perpetuate social, racial and/or economic injustice orinequality. To get involved, please contact the NLG office.

NLG National Immigration Project: Works to defend and extend thehuman and civil rights of all immigrants, documented and undocument-ed. The Project works in coalitions with community groups to organizesupport for immigrants’ rights in the face of right-wing political attacks.For more information contact the NLG National Immigration Project at617-227-9727.

NLG Military Law Task Force: Provides legal advice and assistanceto those in the military and to others, especially members of the GIRightsHotline, who are counseling military personnel on their rights. It alsoprovides legal support and helps find local legal referrals when needed.For advice and information, GI’s can call 877-447-4487. To getinvolved, please contact Neil Berman (njberman2@juno.com) orMarguerite Helen (mugsm@mindspring.com).

Join a Guild Committee

October-November 2017 Mass Dissent Page 3

GUILD NEWS

Youare invited to the “NLG Presents - Think & Drink” HappyHour - a quarterly event held on the 2nd Wednesday ofJanuary, April, September, and November (or June). Areport from the most recent Happy Hour is on page 4. Ifyou have ideas for a presentation or would like to be aspeaker, please call the NLG office at 617-227-7335.

Onceagain, this year’s NLG Holiday Party will be at ShapiroWeissberg & Garin on Friday, December 8, from 5:30to 8:30 pm. As always, we will serve wonderful foodand a variety of beverages, and there will be manyattractions, including a raffle drawing of very excitingprizes. Raffle tickets are $10/each. If you have ques-tions please contact the NLG office at 617-227-7335.

NLG HAPPY HOUR

Street Law Clinic ReportThe following clinics and trainings were conducted formembers of Boston area community organizations andagencies:

August 19: Legal Observing at anti-nazis protestsin Boston, by Rebecca Amdemariam, LoretoAnsaldo, Makis Antzoulatos, Lisa Arnold, QueenArsem-O’Malley, Maiyim Baron, Nadia Ben-Youssef, Natasha Chabria, Judith Cohen, DanielD’Lugoff, Barb Dougan, Daniel Finn, AidaFitzgerald, Judith Glaubman, Charles Haigh,Joanna Holmes, Eric Martin, Urszula Masny-Latos, Connie Mortara, Rick Rabin, JoshRaisler Cohn, Julia Remotti, Rita Sebastian,Monica Shah, Ragini Shah, Marecca Vertin,Daniel Werner and Debra Wilmer.

August 22: Stop & Search clinic for members ofthe Dorchester YMCA, by Makis Antzoulatos.

September 5: Legal Observer training for law stu-dents at Northeastern, by Melinda Drew.

September 7: Housing Law training for attorneytrainers by Jeff Feuer.

September 8: Legal Observer training for law stu-dents at Northeaster, by Melinda Drew.

HOLIDAY PARTY

September 11: Housing Law training for law stu-dents at Boston University, by Jeff Feuer.

September 13: Immigration Law clinic forCommu-nities for People in Somerville, by MaddieThomson. = Stop & Search clinic for BostonAsian YES, by Makis Antzoulatos.

September 16: Legal Observing at rally in sup-port of DACA, organized by Boston May DayCoalition, by Loreto Ansaldo, Charles Haigh,Melissa McWhinney & Debra Wilmer.

September 19: Know Your Rights training forunion members at Harvard, by Jeff Feuer & HowardSilverman.

September 20: Legal Observing at rally organizedby Huskie Organizing With Labor (HOWL) in sup-port of dining service workers at Northeastern, byKeally Cieslik, Daniel Finn, Alaina Gilchrist,Monica Shah, Mackenzie Speer, & Larisa Zehr.• Housing Law clinic for members of the St.Ambrose community in Boston, by Melinda Drew.

September 25: Legal Observing at a rally for ten-ant rights organized by Lynn United, by KyleenBurke.

ARTICLES FOR MASS DISSENTThe December issue of Mass Dissent will review Chapter’s work in 2017.

If you are interested in submitting an article, essay, analysis, or art work (cartoons, pictures) related to the topic,please e-mail your work to nlgmass-director@igc.org.

The deadline for articles is November 10.

October-November 2017 Mass Dissent Page 4

“NLG Presents...” - Think & Drink Happy Hour

(Top, l.-r) Alfredo Garcia, Gaby Chavez, Nestor Pimienta, andLuke Abdow lead a conversation on the fight for santuary cities.

(Photo by Urszula Masny-Latos & Julia Wedgle)

On a Saturday morning inearly September NLG stu-dent representatives met atAndala in Cambridge to getto know each other and todiscuss current politicalaffairs and plan our politicalwork for this academic year. We welcomed DebraWilmer from our newly re-created student chapter atUMass School of Law inDartmouth, after a 5-yearhiatus.

NLG Student Meeting

Enjoying great Middle Eastern brunch at Andala. (l.-r.). Daniel Espo (Harvard), ZacharyKlein (Boston College), Debora Wilmer (UMass Dartmouth), Carey Shockey (Suffolk),Elizabeth Ingerman (Northeastern), Coco Holbrook (Boston University), Yatzel Sabat(Northeastern), Alexandra Arnold (Boston University), and Urszula Masny-Latos.

NLGers and community activists gathered to hearfrom three founders of the local sanctuary move-ment, Gaby Chavez, Nestor Pimienta, and AlfredoGarcia, and from Luke Abdow, an organizer withMassachusetts Community Action Network. Thesanctuary movement, through networks of congre-gations, supports immigrant families at risk ofdeportation, by hosting them “in sanctuary” in hous-es of worship. The movement is also developingrapid response networks to help immigrants at legalrisk. We heard about how there is a need for lawyerswith many different skills, but also talked about howwe could support the movement as activists.

n June 27, 1990, I stood,along with a few hundred

people, inside the gymnasium ofMadison Park High School inRoxbury, Massachusetts andwaited for my hero to take thestage. The excitement grew witheach passing minute. After 45minutes the crowd was in suchrevelry that security warned us to“sit and calm down” or they would“not allow him to come on stage.” Ignoring the plea the crowderupted as Nelson Mandela, withhis wife Winnie by his side, walkedon stage and waved to us. In anunscripted speech he thanked usfor being there and how he appre-ciated our support. He encour-aged us to never give up fightingagainst injustice. The speech last-ed only a few moments but it left alasting impression and an unfor-gettable memory. Twenty six years later, as I sitin an 8-by-10 cell, I reflect backwith fond memories when lifeseemed so much simpler. Backthen I was filled with the convic-tion that comes from a littleknowledge and regarded com-promise with contempt. Morality,it seemed to my 17 year-old self,was black and white. I admired Mandela for hiswisdom, courage and loyalty, butabove all for fighting for an idealthat was worthy of imprisonment.Unfortunately, at 17 my moral val-ues were skewed not to differen-tiate between ideals that werejust and those that were driven byself-interest. In my misguided-ness I fought against everythingand everyone. Each time I did sofrom what I believed was moralhigh ground: I was right andeverybody else was wrong. Like

many tragedies that follow in thefootsteps of good intentions I lefta wake of suffering in my quest toright the wrongs against me.Often times I would find myselfwondering, “Why are people madat me?” or “What did I do wrong?” As I have gotten older I havecome to believe that life is grey,not black and white. Not every-thing is personal and people arenot perfect. Sometimes, they’redoing the best they can in difficultcircumstances. Much to my cha-grin, I realized that I too, was guiltyof far worse things than what Iblame others for. I, more than

anyone, was guilty of pettiness,betrayal, injustice and astonishingacts of foolishness. It was difficultto look in the mirror and know thatmy hero and I were nowhere nearas similar as I had imagined. Thethings I admired in him I pervertedto suit my own agenda. It was humbling, as well asliberating to step down from theIvory Tower of purity. It is puerileto hold others to standards youcan’t meet yourself.

October-November 2017 Mass Dissent Page 5

This I Believe

Oby Shawn Fisher

Forever Oneby Keith Niemic South Walpole

Off her face glow all the dreams of youth, fulfilling hergoals and thrilled by truth I found myself wanting the moment we met, memo-ries of my soul shall never fade or forget The subtle meanings we will find my heart does sing,she’s the reflection of beauty on the birth of spring He is revolution, she is conciliation, opposite ends ofthe spectrum divided further by education Still the taste of temptation forever whets her tongue,insatiable desire for her is forever this convicts song The fulfillment of a dream is itself but a dream, abrief moment in time that I never could have seen Searching many lifetimes over for that woman hecould not find, don’t know what he’s looking for till herbeauty stills his mind To look into your eyes would only bring me bliss, tobreath the air about you my spirit could only miss I’m lost in this love I feel in the continuity of momentsstrung in time, while the bliss he feels is forever now theeternal equal of his heart he did find.

Shawn Fisher is a prisoner at theOld Colony Correctional Center inBridgewater.

n 1996 Congress and BillClinton enacted the Anti-

Terrorism and Effective DeathPenalty Act (AEDPA). ThePrisoner Frivolous Lawsuit Actcame in close proximity. By farthe most devastating and worstfor prisoners in American prisonswas the AEDPA one year statuteof limitations on habeas corpuspetitions. This had little to do with jus-tice and a lot to do with easing thecase-load of attorneys generaland judges. Convicted criminalswho had been damaged by majorconstitutional violations at trialcould be forever time-barred fromraising their claims by missing theone year window of opportunity.This Act, which is a statute, notAmendment to the Constitution,seemingly in practice supersedesArticle 1, Section 9 of the UnitedStates Constitution whetherCongress wishes to admit it ornot:

“The privilege of the writ ofhabeas corpus shall not be sus-pended, unless when in cases ofrebellion or invasion the publicsafety may require it.”

Clearly the framers onlyintended a temporary suspensionof habeas corpus in cases ofrebellion or invasion. Although arguably we havebeen invaded from time to timeby terrorists, it is a natural conse-quence of being a warrior nation.Even when the United States isnot engaged in a public majorwar, there are always the smallwars the public seldom hearsabout (i.e. the Philippines), whichpuzzles the citizens when sud-

denly there’s a seemingly sense-less attack on the people. If this is business as usual -the prosecution of endless smallwars, then that is not a legitimatepretext to suspend the writ ofhabeas corpus when isolated ter-rorist attacks occur. The GreatWrit is a cornerstone of AmericanConstitutional Law, and shouldnot be legislated out of its efficacyas a needed safety valve forwrongful convictions when theindividual states for whatever rea-son refuse to apply theConstitution. The way the AEDPA works indaily practice in 2017 is to hope-

lessly preclude the federal judicialremedy if the petition is not prop-erly filed within the one year timelimit, regardless if the convictionis predicated upon perjured testi-mony or other structural error.Out of all the laws that are beingrevisited, that portion of AEDPAwould be a good choice for revi-sion.

October-November 2017 Mass Dissent Page 6

Is the AEDPA Solid Steel?by James Riva

I

James Riva is a prisoner at OldColony Correctional Center inBridgewater.

Convicted and Unwanted by Stanley L. Donald Norfolk Prison

I went to school without a coat. My mother was always high on dope. I had huge holes in my socks. My father sold cocaine rocks.

One day I slept outside in a box. I cried in the cold and lost part of my soul. How did I get this way? Lord, bring the rain to wash away these pains. Convicted and unwanted in chains.

There’s a stain inside my uneducated brain. A hole in the floor where I wrote my troublesbehind the cell door. Convicted and poor. Wait! There’s more.

rying to control diabetes,through diet and exercise in

today’s DOC, is a discouragingup-hill battle. The exercise is notthe problem, I am able to run overfive miles per day. The diet is thetricky part. As a diabetic I am entitled toa medically prescribed diet pur-suant to 103 CMR 761,Therapeutic Diets and 103DOC 760, Food ServicesPolicy. These regulationswere established becauseof the Class ActionSettlement in Connors v.Dubois Commissioner(Suffolk #95-5522-C),which was litigated byMCLS (PLS) and theDisability Law Center. Thesettlement, amongst otherbenefits, afforded that dieti-tian approved menus andrecipes would be followedand food would be meas-ured and weighed. It alsoset forth a grievance proce-dure, which has to beexhausted before filing forcontempt or seeking specific per-formance. Pretty straight forward. Over the past ten years thetherapeutic diet has gone frombad to worse; there is little thatresembles the post settlementdiet. So in late February, whenthe diet started to rapidly degrade,again, I began to document devia-tions from the approved menus,recipes and serving amounts.There were 131 instancesbetween March 24 and May 23.After unsuccessfully trying toresolve these issues, I attachedlists to three separate grievances,which were ignored, and my

appeal was denied. One wouldhave to imagine that once suchgross disregard of establishedCMRS and policy was brought tothe attention of the Food ServicesDirector (FSD), the State FSD, theSuperintendent and an AssociateCommissioner, that someonewould simply correct the issue.Not in today’s DOC. The onlyresponse I received was from theFSD, who personally searched

my cell. When I inquired why hewas doing this, he stated:“because you like to file griev-ances.” Eleven days later I wasremoved from the therapeutic diet,by medical, for being non-compli-ant. According to 103 CMR 761,only two people can remove youfrom this diet - you yourself or thedoctor. The only reason you canbe non-compliant is for refusingthe meal, and before you can beremoved medical MUST “counsel”you. Thirty days later I am still try-ing to see the doctor to learn whyI am non-compliant.

The diet for the general popu-lation, which I am now forced toeat, is also supposed to followdietician-approved menus/recipes(103 DOC 760). But due to somesemantics, a wily FSD and aclause in this CMR which states“substitutions must be made inaccordance with ‘approved substi-tutions guidelines’” - there are nosuch guidelines - FSDs believethey can make changes which are

not nutritionally ade-quate. See Hollandv. Bates, WORC.#1785Cv 01017D.

Like Sisyphus,I am forced to pushalong with an “8.1A1C” trying to makehealthy choicesfrom unhealthyselections. Today’sDOC is jeopardizingprisoners’ long termhealth, and I’mafraid I am becom-ing one of thosestatistics. By forc-ing the FoodServices Director toadhere to dietitianapproved menus/

recipes has the potential ofreducing the $108 million spentyearly on inmate medical. Anyone seeking more infor-mation or offering advice or guid-ance can contact Daniel L.Holland, at:MCI, P.O. Box 43, Norfolk, MA, 02056-0043

October-November 2017 Mass Dissent Page 7

Penny Wise, Pound Foolish

Daniel Holland is a prisoner atMassachusetts CorrectionalInstitution in Norfolk.

by Daniel Holland

T

Like Sisyphus, I am forced to push along with an

“8.1 A1C” trying to make healthy choices from unhealthy selections.

Today’s DOC is jeopardizing prisoners’ long term health, and I’m afraid I am becoming

one of those statistics.

October-November 2017 Mass Dissent Page 8

he many jailhouse lawyerswho read Mass Dissent are

likely familiar with Prisoners’Legal Services — indeed, manyhave collaborated with us inadvocacy and litigation. PLS pro-vides civil legal services to some23,000 people incarcerated in theMassachusetts Department ofCorrection and in county jails.Our main priorities are health andmental health care, assaults bystaff, extreme conditions of con-finement (particularly overcrowd-ing), and misuse of segregationand isolation. We currently haveover 18 active lawsuits, includingeight class actions affecting morethan 10,000 people, and we workin coalition with other groups andindividuals toward a more rationaland humane criminal justice poli-cy. Here is a sample of some ofour current work:

• Substance Use Treatment: Although substance use isnow broadly understood as amedical disorder requiringtreatment, the DOC continuesto treat it as a behavioral prob-lem and a risk factor associat-ed with recidivism. PLS isplanning litigation to securethe right to substance usetreatment for all DOC prison-ers.

• Hepatitis C treatment:PLS, together with the NLG-Mass Litigation Committeeand the law firm Shapiro,Weissberg & Garin, has filedsuit over the failure to provideDOC prisoners with life-savingtreatment for Hepatitis C.

• Solitary confinement:PLS continues to confront thehorror of solitary confinementthrough policy advocacy andlitigation. We’re working withother groups in the newly-formed MassachusettsAgainst Solitary Confinementto press for change statewide,and to bring the voices ofthose in solitary - and sur-vivors - to bear on policy. Ifyou or your loved ones wish tojoin the effort, contactCassandra Bensahih atMASCCoordinator@gmail.com. Prisoners can contact herthrough PLS (see below). Inaddition, PLS litigation seeksto limit the use of solitary inthe DOC and in counties.

• Accommodations for Priso- ners who are Deaf or Hard of Hearing:

Together with the law firmWilmerHale, PLS has sued toobtain accommodations toallow deaf and hard of hearingprisoners the opportunity tohave equal access to the pro-grams and activities offered inthe DOC, to safety alarms andnotifications, and to telecom-munications so that they areable to effectively communi-cate with their loved ones out-side the wall.

• Dog searches of visitors:Together with the AmericanCivil Liberties Union, PLSsued over the DOC’s imple-mentation of dog searches ofvisitors without the notice andcomment required by theAdministrative ProceduresAct. The case will soon be

heard by the Supreme JudicialCourt.

• Video “visitation” at Bristol County & Phone Rates in Massachusetts:

PLS is working with othergroups and individuals out-raged over Bristol County’sannouncement that it will sub-stitute video conferences foractual visitation, and we planto file suit. We’ve also gotpending litigation over prisontelephone rates statewide.

• Disability discrimination in parole:

An amicus brief that PLSdrafted contributed to a rulingfrom the Supreme JudicialCourt requiring the paroleboard to help prisoners withdisabilities develop reentryplans that will allow them to besuccessful on parole. Weplan to continue working toensure disabled prisoners anequal chance at parole.

• Prison brutality:PLS continues to investigateand litigate cases of staffassaults on prisoners in coun-ty facilities and the DOC.

In addition to litigation,Prisoners’ Legal Services staffassist prisoners with informaladvocacy and advice. Prisonerscan call with new matters onMondays from 1:00-4:00 pm (orTuesday if Monday is a holiday).State prisoners can use thespeed dial, *9004#, and countyprisoners can call collect at 617-482-4154. Or prisoners can openan intake by writing PLS at 10

Prisoners’ Legal Services:Here’s What We Do

by Bonnie Tenneriello

T

Continued on page 9

October-November 2017 Mass Dissent Page 9

Slave Wages

n 1865, the ThirteenthAmendment was passed and

although it banned slavery in theU.S., it did not do so entirely. Anexclusion clause was added:slavery would be allowed as pun-ishment for a crime:

“Neither slavery nor involun-tary servitude, except as pun-ishment for crime whereof theparty shall have been dulyconvicted, shall exist withinthe United States…”

At the time, penal slavery was notuncommon. It was delineated byJudge Christian, in his opinion inRuffin v. Commonwealth ofvirginia (1871):

“A convict felon, whom the lawin its humanity punishes byconfinement in the peniten-tiary instead of death […] forthe time being, during his termof service in the penitentiaryhe is in a state of penal servi-tude to the state […] being theslave of the state. He isciviliter mortis (civil death);and his estate, if he has any,is administered like that of adead man.”

This destructive and uncon-scionable legalese defined themaltreatment of prisoners foryears to come. It was not until1970, in Gilmore v. Lynch, thataction was taken to try to changethat belief:

“[A] prisoner is not a tempo-rary slave of the state, andprison officials are not suchmasters of their own domainas to be free of constitutionalrestraints.”

Yet, prisons in our modern dayscontinue with penal slavery. It’sreflected in laws that ban prison-ers from voting and in the dailypractice of forcing prisoners towork for slave wages. InMassachusetts, prisoners’ wagesare set up by pay scales:

Level III…$1.00 a dayLevel II.....$1.50 a dayLevel I…...$2.00 a day

These slave wages offer little tohelp in rehabilitation or in prepar-ing a prisoner for eventualrelease. As one prisoner aptlystated, “I’ll have $400 in my pock-et. That’s enough to catch a busand get in trouble.”

The Department of Correc-

tion (DOC) tells a different story:“We make every attempt to equipthe inmates in our care with thetools that they need to re-entersociety and become productivelaw-abiding citizens” (DOCDeputy Commissioner, 2013).But with a 45% recidivism ratetheir policies and practices sayotherwise.

It is time for legislators andgovernment officials to changetheir approach to corrections.There are many obstacles thatlead to recidivism. Employmentis near or at the top of the list.With nearly 47,000 barriers creat-ed by state and federal legislationthat hinders the employment ofan ex-felon, radical change isneeded. Change that shouldbegin long before a prisoner isreleased – not after! Change thatis owed; not to the prisoner but toeach and every victim of a recidi-vist. “The test of every system isthe man which it forms” - HenriAmiel.

END CONSTITUTIONAL SLAvERY!

by Shawn Fisher

I

Winthrop Square, 3rd Floor,Boston MA 02110), and you willbe assigned an advocate. Incarcerated people andreturning citizens are having anever-greater impact on our crimi-

nal justice system, and their voic-es guide PLS — when we collab-orate in litigation, when we con-duct “liaison” visits to learn aboutconditions and treatment in pris-ons, and when we set our institu-tional priorities (we survey a ran-dom sample of prisoners). With

our limited staff, we cannotaddress all issues and problems,but we try to represent all prison-ers.

Prisoners’ Legal Services:Continued from page 8

Bonnie Tenneriello is a staff attor-ney at Prisoners’ Legal Servicesin Boston, and she serves on theNLG Mass Chapter Board.

Shawn Fisher is a prisoner at theOld Colony Correctional Center inBridgewater.

October-November 2017 Mass Dissent Page 10

Is the First Amendment Deadin Prison?

Dear Reader: I am a prisoner at MCI-Norfolk. Since June 2015 I havebeen producing and hosting myown radio show from behind thewalls of Norfolk once a month.The show was broadcast throughTuch Radio 106.1 fm.org andaired on Thursdays at 9am and 2pm. On January 5, 2017, theDepartment of Corrections inter-fered with and then shut downmy show. What followed waslocking me up in the hole for 15days, followed by a trip toKangaroo Court (DisciplinaryBoard). Then a Guilty findingand denied appeal, resulting inthe loss of my job (Institutionalincome), my housing status(back to living in multiple-manquarters after having my owncell for upwards of 15 years) andthe loss of the use of the phonefor 30 days- all for what essen-tially comes down to me makinga phone call! Ironically, the sub-ject of the show for that day wasthe lack of accountability forprison staff. Now I’m no wiz-kid in thelaw but I’m pretty good at readingthe English language. The FirstAmendment of the U.S.Constitution says in mandatorylanguage that Congress shall makeno laws to prohibit free speech,freedom of the press, freedom ofreligion and the peaceful assemblyof the people to seek redress forwrongs done to them. How a prison can make up

regs to override that or how courtscan overrule the Constitution, thatis a real dilemma for me, andshould be for you the reader aswell, My position is unless I’mshouting “fire” in a crowdedmovie theatre, my FirstAmendment rights should beintact. It would be if I was inWellesley, Brookline, BeverlyHills, etc. So I ask you Is the FirstAmendment dead in prison?Because if it is, it will soon be inyour home too.

J. Jabir PopeHost of Voices Behind the Walls

NLG 2017 Convention

Dear Editor: I wish to share my view ofthe recent NLG NationalConvention. Nineteen of thetwenty workshops and six majorpanels at the Convention, and allof the CLE’s, on police miscon-duct, using international law toconfront the Trump agenda, andfighting enforcement of immigra-tion laws, focused on the workwe need to do. In particular, asalways, I was greatly impressedby the work of the InternationalCommittee around the Globe,and at that meeting and in severalworkshops heard of great workbeing done in support of libera-tion and resistance struggles suchas, among other things, the tribu-nal in Mexico related to the dis-appearance of 43 students, andthe involvement of our membersin the struggle in Puerto Ricoagainst the U.S. Business Junta. I

also heard from lawyers withwhom we are associated fromMexico, Japan, Brazil, andCanada talk of the struggles thereand the work to be done. I attended a Keynote byWinona LaDuke, which focusedon what is to be done in supportof Native American struggles.The rest of that evening involvedawards to a recently releasedleader of the Puerto Rican strug-gle for independence who waseffusive in his praise of Guildwork, including but not limited towork done to secure his freedom,and a Guild Law SchoolImmigration Clinic directorwhose work is remarkable, aDinner speech by a woman whotalked about the struggle atStanding Rock and spoke highlyof the Guild support there. I alsoattended a function honoring twoGuild lawyers who have spent ahandful of decades doing themost amazing work in support ofthe struggles in Puerto Rico andPalestine respectively, whoseacceptance speeches also focusedon what is to be done. You hardly have to look backto the Civil Rights movement inthe ‘60’s to see amazing workbeing done by Guild Lawyers allover the world, including thegreat work of the Sugar LawCenter on whose Board I am hon-ored to serve, and their visionsfor future work. The Conventionfocused on all of this great work. In short, I found the Conven-tion exhilarating and inspiring.

Mark SternLong-time NLG member

Letters to Editor

October-November 2017 Mass Dissent Page 11

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Anonymous • Steve Buckley • Patricia Cantor &Jeff Petrucelly • J.W. Carney • Howard Cooper •Caroline Darman • Melinda Drew & Jeff Feuer •Roger Geller & Marjorie Suisman • Lee Goldstein &Mark Stern • Benjie Hiller • Andrei Joseph &Bonnie Tenneriello • Martin Kantrovitz • NancyKelly & John Willshire-Carrera • David Kelston •John Mannheim • Jonthan Messinger • HankPhillippi Ryan & Jonathan Shapiro • Allan Rodgers• Martin Rosenthal • Shapiro, Weissberg & Garin •Elaine Sharp • Anne Sills & Howard Silverman •Judy Somberg

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