Letters to Judge Weir - On Lockdowns
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Judge Robert W. Weir Del Norte County Courthouse 450 "H" Street Crescent City CA 95531 January 3, 2003 RE: Lockdown
Honorable Judge Weir, It is the weekend and I am once again in-between visits. I needed to
leave early due to illness in
Lockdown appears to be a great way of punishing entire families and creating more tension and chaos yet providing a demand for overtime of officers as inmates are then cell feed and searches seem to be popular and require much a long time. Not running program only adds to an inmate's agitation and it is clear that everyone knows this and therefore lockdown is a good policy for job security. It is obvious that more officers will be necessary to cover situations resulting from being celled with another person in the space of an elevator for any length of time. How is this considered to be a corrective measure? Even in marriage people need to be able to find serenity in their own "space." I urge you to please look down the next time you step into an elevator and consider a lockdown, the use of power that would not release you for period of time, eventually the lights may be on and no one would be home. The vacant look in the eyes of those we do see frightens me to think of those we don't see or have no one to visit them. How are they holding up under the same conditions? Punishment is one thing; being locked away from family, friends, and society seems like punishment. Being lockdown over and over, on and off over the past year has left us all suffering, knowing that medical ailments are ignored, and every little bit of inspiration for a new day becomes void knowing that it will be spent entirely within the confines of a cage. None of that will undo a crime or prepare someone for society. Judge Weir, please help us as family members and individuals in our efforts with the U.N.I.O.N to try to make it better by taking a vested interest in the lockdown issues. Sidney Peterson
U.N.I.O.N. United for No Injustice, Oppression or Neglect P.O. Box 22765 Sacramento, CA 95822 Judge Robert W. Weir
January 2, 2003 Dear Judge Weir: Thank you for issuing an order that the California Department of Corrections must change its lockdown policy within ninety days. Unless one is intimately familiar with prison life, it might be easy to overlook some of the details. The purpose of this letter is to enlighten you to the concerns of our 6,000 members who are educators, social workers, physicians, nurses, clergy, humanitarian organization leaders and others in the helping professions, many of whom have a loved one in prison. Not only are we on the cutting edge of dealing with the human condition, but we are often connected to someone who lives under harsh lockdowns in prison. Conditions in prisons and jails are so bad that we have no choice but to organize a citizen's coalition group of every race and religion which is now nearly six years old and growing. Our daily newsletter circulates to at least 37 top journalists, publishers and producers who subscribe to it throughout California and the nation. We will re--print this letter so they will all be aware of our efforts to alert you to the emergency around the lockdown policy and how it is twisted to promote the CCPOA guard's union's secret agendas. You, sir, are in a position to be able to do something about these grossly inhumane practices which is doing more to create crime than to prevent it. We believe that in order for people to be returned to their communities in better condition than before they were incarcerated they must be housed in a healing atmosphere and educated to be more productive citizens. No group could benefit from education and rehabilitation more than mostly young gang members who are obviously in crisis. The attitude of Wardens and guards is not one of healing, but archaic, consisting of retribution, psychological intimidation, constant lockdowns and worse. There are four main gangs which separate themselves by race and many offshoots of these gangs. Even so, it is impossible to distinguish a Northern Hispanic from a Southern Hispanic just by looking at them, but cell members of these two factions together and murder and mayhem are guaranteed to result. They should NEVER be celled together on the same yard and preferably not at the same prison. There is a fifth major gang in prison which traffics drugs, commits
murder, practices cruelty and medical neglect, organizes riots and
more which also needs to be recognized. It is thousands of rogue
members of the CCPOA who took the job for the power it bestows upon them,
as well as high incomes with only a high school education required.
They become bored unless they're causing gang agitation. There are
thousands of members and they're often criminals wearing badges.
The system is on their side and the inmates have no where to turn for help.
There is no justice or even humanity for inmates in CDC's kangaroo courts.
No matter what happens inside, it is always the inmate's fault.
People are often carelessly double-celled with mentally ill inmates or rival gang members. If the inmates do not join a gang at most prisons, they will be killed. This is reality. It is not practical or wise to mix up rival gang members but such is the case. After all, CDC and CCPOA can justify its existence to the public as long as riots happen frequently. But the losses both fiscally and in human terms are too great to ignore. Imagine living in a small bathroom 23 hours a day with another person who may be mentally ill for weeks, months and years. You could only shower in cold or lukewarm water every three days. The legal library would be unavailable to you so the stress of missing court deadlines would be unbearable. Your mental outlook would be devoid of hope as you realize you are stuck in hell for eternity. There are no classes conducted during lockdown, dental and physician appointments are held to emergencies only. There are rarely visits during lockdowns, perhaps an hour through glass, so your entire family will suffer and worry, especially the children. You would be overwhelmed with guilt that you brought this suffering upon your family and your wife might just give up trying to visit you at all after she is treated badly or turned away too often. You will not be allowed to make or receive calls, not even your lawyer. If you go to the hospital, no one will know or even be able to find out what happened to you. Family relationships will break down, and your psychological and physical condition can only deteriorate You cannot emerge stronger, but much sicker. It is a horrible experience you will carry with you all the days of your life. Worst of all, there is a one in 4,000 chance you had nothing to do with the reason for this unbearable punishment of isolation, one of the cruelest forms of torture when prolonged for long time periods. There are some suggestions we made to Adult and Juvenile Corrections Secretary Robert Presley on November 19, 2002 which may give you more insight into the problems and solutions of excessive lockdowns which are now conducted as business as usual. They are as follows: Excerpt from solutions letter to Presley ll/19/02
3. The practice of continuous lockdown in whatever form, whether it is "modified programming", "full lockdown" or "fog alerts" that last all day needs to end. Putting two men in a cell the size of a bathroom for days, hours and weeks on end is just wrong. Guards are made more vulnerable to violence when people are so severely mistreated. Here's what we know about a better way to handle people who need more help than anyone else in prison - young gang members. These mostly young people might also be tremendously mentally ill, or they may be under-educated. The power struggle doesn't work to help them to recover. Medical and psychological tests should be administered on every prisoner when they are committed and then routinely conducted every year afterward. . a. Never mix three gangs on the same yard. NEVER. b. Southern and Northern Hispanics shouldn't even be at the same prison, let alone the same yard. 1. Whites and Southern Hispanics can live fairly well together. 2. Blacks and Northern Hispanics can live fairly well together. 3. Blacks and Whites are also fairly compatible. 4. Eliminate any combinations of THREE races or gangs on any one prison yard which is something that most CDC administrators already know. Provoked riots is a way that CCPOA justifies itself to the public but
we're wise to this game and we're not going to stand for it any longer.
c. Hold only the people responsible for disturbances accountable instead of blanket punishment lockdown for thousands of men. The mental breakdown from isolation and continuous lockdown is severe and there is no real treatment, except to offer mind-numbing drugs instead of stimulation of the mind by educational opportunities, some sun and exercise in good air. This should be done in compatible small groups. Military studies show that group punishment and isolation simply do not work. Guard overtime is costing the taxpayers hundreds of millions of dollars according to the Legislative Analyst. It shouldn't require weeks on end to search the cells looking for contraband. We believe this is an inhumane ploy mostly designed to benefit the guards. It is unacceptable to us that this continue. ********* Psychological intimidation, limited access to legal libraries, interference with mail and packages and retribution for filing complaints against Guards are unacceptable to the people of the U.N.I.O.N. We believe that prison guards intentionally create lockdowns by provoking through psychological intimidation temper outbursts from men who are already emotionally broken people. We have reports of social gatherings, pot lucks, training meetings and other guard fun going on while inmates are cruelly caged for hours, days, months and years. Often, the guards believe they are above the law and want to justify their jobs and overtime to the voters. They get bored with routine and tranquility. Many have retribution-style training and enter this occupation with only a high school education to live out a "wanna-be" cop fantasy. Some are fearful that the inmates they kick around and psychologically torture with constant cell searches, destroying pictures and legal material, and a thousand other taunts might fight back with physical violence. They go to great lengths to create lockdowns over minor situations such as a cell phone found or a plastic cafeteria tray missing. We're not referring to one or two days but months, years and excessive punishments which gives the inmates no quality of life. Individual wardens and their employees are making up the rules as they go along, completely disregarding the inmate's Title 15 and D.O.M. which should be used as the final authority. The "system" is out of control and the inmates have nowhere to turn for help. The media is banned, the guards exercise retribution if they file a 602 or a lawsuit. Medical care is withheld as a "punishment" for months and years on end if inmates even dare to speak out. CDC MUST enforce these two sections of the penal code and provide serious consequences to Wardens and Guards who deviate from your own rules. Penal Code §147. Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding four thousand dollars ($4,000), and by removal from office. Penal Code §149 Every public officer who, under color of authority, with out lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars. ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment. end excerpt
The Legislative Analyst, Elizabeth Hill, was quoted in the New York Times last July when she revealed that guards were paid hundreds of millions of dollars in overtime in California. A primary reason for this could be that cell searches during lockdowns require weeks. They have happened over insignificant events such as a plastic tray said to be missing from the cafeteria (who could prove it?), a cell phone found in the cell of one inmate which was undoubtedly brought in by a guard, anything can trigger a lockdown, even though group punishment has been shown by military studies never to be effective. The fact of the matter is that guards prefer lockdown and go out of their way to create it. It is called by many terms. Modified program, cell counts and fog alerts that last all day, and as soon as one lockdown ends another begins. Is it any wonder the inmates are rioting at Folsom when they have been on constant lockdown for the better part of a year? What human being could endure this treatment without protest? I would like you to hear from many of our very qualified members so that you can fully comprehend the mismanagement and heartbreak, not to mention cost to taxpayers, caused by these policies of lockdown. Modification isn't enough, this ineffective, dangerous and cruel practice needs to end completely. The mentally ill cannot follow rules. There are at least 20,000 who were ill when they entered prison and tens of thousands more becoming more ill by living there in sub-human conditions. The fact that they can't follow rules is what designates them as "mentally ill." They need to be taken out of the prisons and jails, where they are punished (even prosecuted) for acting out and put in a more healing environment that protects themselves and others. You are in the spotlight now and it is timely with a demonstration we have planned at the Sacramento Capital January 23, north side of the building, 8 am to 1 pm. If you can attend, you will have an opportunity to speak with many family members and professionals who are outraged with this situation enough to show up to object. In the interim, you may hear from a number of people who want to provide insight to these practices. There are better way to fight crime than through mass psychological abuse which isn't working as a solution. I am certain that you will agree and consider ending prolonged, lockdowns entirely. This is the year 2003 and it's time to put some meaning into "Corrections" instead of practicing techniques from the dark ages. Sincerely,
B. Cayenne Bird, Journalist
http://www.oocities.org/1union1/'lockdown_index.htm
January 7, 2003 Judge Robert W. Weir
Re: Escalera Ruling Honorable Judge Weir: When I read of your decision as reported by the Associated Press, obtained from the SFGate.com Website, it came at a time when that was just what I needed. I was in the process of writing a letter to the Warden at the Idaho Maximum Security Prison, in Boise, Idaho. Through some friends in Oregon, I had started writing to several prisoners in Idaho, and one of them was a Mexican Elias Custodio, who has been on Lockdown for over a year because of his race. I sent a E-mail to Ms. Linda L. Millspaugh, at the E-mail address of: lindamills@earthlink.net and have had no response to my request. I was requesting at the time an Electronic copy of your Decision, so
that I could quote from that decision in my letter to Idaho. Since
then I went ahead and wrote the letter, and enclosed a copy of the newspaper
article about the your decision. I will enclose a copy of that letter,
and the attachments noted in that letter are available on the U.N.I.O.N.
site on the Lockdown Index.
For the most part I have been writing to California prisoners, and became
involved with prisoner Jerry Wayne Morgan and was given permission to write
a Supplemental Brief by the Third Appellate District, and they did reverse
his sentence. You will find my story and some of these documents
on my Website at:
Mr. Morgan was in State Prison for about 4 years and was on Lockdown about 80% of the time, and was treated very badly by the prison system. The Guards seem to think that if you seek your legal or Constitutional Rights, you are the enemy and they beat, intimidate, obstruct justice, obstruct correspondence, and you name it to keep the prisoners from obtaining their Constitutional Rights. Then there is the severe race problem at all the prisons, and they are put out on the yards in groups that they know will fight or riot, instead of trying to keep the peace by separating the races. Many of the Guards are also racist, and this evil is still with us here in the year of 2003. Martin Luther King taught that we were to judge a man by his character, not the color of his skin. I lived in Southern California for about 20 years, and have many friends of all races and found that there are good and evil in all races. I know that you are a small County, but would appreciate if you could place your Opinion up on your Website, so that we could read and quote from it in our work to try to better the conditions of the prisons and jails. I have been working with U.N.I.O.N. [United for No Injustice, Oppression or Neglect] for several years, and we have made a difference, but that is just a start and much more work to do to have some real changes made. There is some wonderful information on the Lockdown Index page, and I would recommend that you read some of the documents and educate yourself on this issue. There are additions being made often, and it is very helpful for research. On my Website I have writings by some of the prisoners that I write to, and one Tom Watson is an outstanding writer and has written on many subjects, having been on the inside of the system for many years. He has served his sentence, but they won't let him go and have him on a civil hold. Then I and U.N.I.O.N. have done much work on the Three Strikes issue, and I have some more stories waiting for me to get the time to get them up on the web. They have turned the Three Strikes law into a recidivist law, and putting just about anyone who has a previous record, no matter what it is away for 25 to life. It is a very sad commentary on the state of the Judicial System in the State of California. Thank you for you good decision in ordering California Department of Corrections, to come up with a better plan in 90 days. We will pray that this decision stands through all the appeals, as this is a righteous judgment. Sincerely yours, JC Enclosure cc: U.N.I.O.N.
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