prisons News from the Angola 3

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Torture by Design: Saying No to the Architecture of Solitary Confinement and Cruelty –An interview with Raphael Sperry

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Torture by Design: Saying No to the Architecture of Solitary Confinement and Cruelty
–An interview with Raphael Sperry

By Angola 3 News

Friday, August 16 marked the 40th consecutive day of a multi-ethnic statewide prisoner hunger strike initiated from inside the Security Housing Unit (SHU) of California’s Pelican Bay State Prison. When the strike first began on July 8, the ‘California Department of Corrections and Reform’ (CDCR) reported 30,000 participants statewide, which the Los Angeles Times wrote “could be the largest prison protest in state history.” In response, the hunger strikers have been shown support from around the world (watch our videos from Oakland, CA).

This week, as the striking prisoners’ health continued to worsen, the families of prisoners and supporters gathered on the steps of the State Capitol building in Sacramento, and over 120 health professionals called “upon Governor Jerry Brown and Jeffrey Beard, Secretary of the CDCR, to immediately enter into good-faith negotiations with the prisoner representatives, and to respond to their demands, in order to end this crisis before lives are lost.”

The current hunger strike follows on the heels of a similar 2011 strike that was also initiated from the Pelican Bay SHU, with the same five demands. Further illustrating the scandalous nature of California’s prison system, this month the US Supreme Court ruling once again that 10,000 prisoners must be removed from state prisons, and documentation has emerged of widespread sterilization of California’s female prisoners.

As the horror of solitary confinement comes under increasing scrutiny in the US and around the world,  human rights activists are confronting this public health and safety epidemic from a variety of angles. One group, called Architects/Designers/Planners for Social Responsibility (ADPSR) has challenged solitary confinement in US prisons by recently launching a Change.org petition “asking the American Institute of Architects (AIA, the mainstream professional association for architects) to amend its Code of Ethics and Professional Conduct to prohibit the design of spaces for killing, torture, and cruel, inhuman or degrading treatment. In the United States, this comprises the design of execution chambers and super-maximum security prisons (‘supermax’), where solitary confinement is an intolerable form of cruel, inhuman or degrading treatment. As people of conscience and as a profession dedicated to improving the built environment for all people, we cannot participate in the design of spaces that violate human life and dignity. Participating in the development of buildings designed for killing, torture, or cruel, inhuman or degrading is fundamentally incompatible with professional practice that respects standards of decency and human rights. AIA has the opportunity to lead our profession in upholding human rights.”

In this interview, we speak with Raphael Sperry, an architect and President of Architects / Designers / Planners for Social Responsibility (ADPSR).  He is a Soros Justice Fellow and advocates for architects to engage with issues of human rights in the built environment, especially in U.S. prisons. He has participated in the design of airports, office towers, and private homes among other building types, and has taught architecture at Stanford Univeristy and California College of the Arts in San Francisco.

Angola 3 News:  For years now, CA prison authorities have cited alleged ‘gang’ affiliations as the official reason for so many prisoners’ placement in prolonged solitary confinement. Recently, CDCR authorities have publicly claimed that the ongoing CA prison hunger strike is a ‘gang conspiracy.’ What do you think of the authorities’ continuing refusal to acknowledge that the hunger strikers’ demands have even a hint of legitimacy?

Raphael Sperry:   It’s simply ridiculous to ignore the problems that CDCR has caused with the conditions in their solitary units, and fear-mongering about gangs is not a response. Even if the hunger strikers were gang leaders, they would still be entitled to human rights.

But I’d actually like to see CDCR take some responsibility for the gang problem and start to come up with a real solution. CDCR’s multi-decade focus on prison gangs had led to gangs taking a more and more central role in prison life, and even life outside of prisons in some neighborhoods. It’s as though by emphasizing how dangerous gangs are, CDCR is making them even more that way. CDCR should recognize that their punitive approach to gangs clearly hasn’t worked, so they need a new approach.

A3N:   What does this say about CDCR’s priorities, simply from a public health perspective?

RS:   From a public health perspective, the gang issue and the SHU as a response shows how little CDCR cares about the communities that prisoners re-enter after prison.

CDCR runs their prisons with a culture of violence, where misbehavior is punished with a tougher, more restrictive environment and solitary confinement is the ultimate weapon. There is no attempt to use or teach non-violent conflict resolution (which you also see in CDCR’s refusal to negotiate with the hunger-strikers). Training prisoners in non-violence would help deescalate situations in prisons, making conditions safer for guards and inmates, and of course it would do a lot to keep streets safer in the neighborhoods to which people return from prison.

Instead, CDCR reinforces prisoners’ pre-existing tendencies towards violence and “toughness” through their disciplinary strategies, and they often release people straight from the SHU to the streets, which is a virtual guarantee of future failure. Amazingly, it’s the hunger strike leaders who have called for non-violence among prison gangs, while CDCR prefers to act like the toughest gang in the place.

A3N:   How do you see this practice of prolonged solitary confinement in California prisons as being part of a broader human rights crisis in the US?

RS:   We do have a human rights crisis, because authorities at all levels in the United States refuse to recognize human rights. Let’s not forget that as the California prisoners enter their second month of hunger strike, we have scores of Guantanamo Bay prisoners who have been on hunger strike since the start of the year because of their indefinite detention by our national government.

At the other end, we’ve got local governments like the NYPD doing unconstitutional stop-and-frisks to hundreds of thousands of young men of color, or small-town cops in Texas seizing the possessions of law-abiding passing motorists through abuse of civil forfeiture laws. Reining in the abuse of power through our criminal legal system and law enforcement connects many issues.

A3N:   How does solitary relate to the US mass incarceration policies that have resulted in the US now having more total prisoners and a higher incarceration rate than any other country in the world?

RS:   With respect to mass incarceration, solitary confinement is like the tip of the iceberg of injustice, except that solitary is less visible than most other parts of the system. Mass incarceration was built around the meme of being “tough on crime,” which plays on fears of violence and disorder as well as racial prejudices.

Fear and racism give license to treat prisoners as less than human, and to subject them to many forms of injustice. This has produced mass incarceration through lengthy sentences for minor crimes and racial bias in the application of drug enforcement powers, among other means. And as the sentences and treatment of small-timers has grown tougher, it has pushed up the toughness on the other end of the scale, where prisons are dealing with those we fear most or hate most.

When you can give 25 years for stealing a pair of socks, then of course you’d invent something much, much worse for people who actually did something wrong, which leads to “tougher” penalties in prison, culminating in solitary confinement, and also the death penalty, which has similar deep racial bias in its application.

A3N:   This week you passed the 1,000 signature mark with the Change.org petition started by Architects/Designers/Planners for Social Responsibility (ADPSR), cited in our introduction above. Can you tell us more about your architectural critique of US prisons and the history of ADPSR’s activism?

RS:   Large-scale prison construction was a necessary component of mass incarceration: in order to hold the over 2.3 million people in prison today. Our country has built close to a thousand new state and federal prisons since the mid-1970’s. Within that system, the construction of specialized supermax prisons was necessary for the large-scale expansion of the use solitary confinement. Since the mid-1980’s, we have built 45 supermax prisons capable of isolating up to 20,000 people, and isolation spaces for 60,000 more people in “segregation” wings or other parts of more conventional prisons.

ADPSR started raising awareness about this issue back in 2004 with a campaign we called the Prison Design Boycott / Prison Alternatives Initiative. The idea back then was that we had so many prisons already that building more would only further the injustices of mass incarceration. We linked prison construction to the lack of investment in community development that was needed to address the root causes of crime in poverty and despair. We encouraged architects to demand public investment in new community centers, health clinics, and affordable housing instead of new prisons and jails.

A3N:   Why have you chosen this recent petition as a tactic?

RS:   More recently, attention has turned to the use of solitary confinement in US prisons, especially with the United Nations Special Rapporteur on Torture deciding that healthy adults should never be subjected to more than 15 days of solitary. The average confinement in the U.S. is five years!

ADPSR wanted to follow up on that, since solitary confinement is a policy of spatial control and architecture is such a crucial component of how it works. Supermax prisons in particular contain a number of architectural innovations that allow them to impose isolation, for instance, remotely controlled cell and hallway doors that minimize contact between prisoners and guards.

Because architects’ main professional organization, AIA, has a stated commitment to uphold human rights, we thought that pointing out the contradiction with buildings intended to violate human rights would be a good way to raise awareness about the problem and at the same time make a real contribution to ending the use of solitary confinement.

A3N:   In the last few years, the use of solitary confinement in US prisons has come under more public scrutiny, and the profoundly negative effects on prisoners’ mind/body/spirit has been increasingly well-documented. However, much of this badly-needed public discourse presents the torture of solitary confinement as being a ‘mistake,’ ultimately the result of authorities’ ignorance about the negative effects on prisoners’ health.  What does the architecture say about the deliberate and pre-meditated nature of this widespread torture in US prisons?

RS:   From one perspective, the question is not whether the suffering caused by solitary confinement was pre-meditated or not, as long as one agrees that it is a violation of human rights and should not be done to people. I’ve heard that the designers of California’s Pelican Bay State Prison were told that the policy was that people would be held there for no more than 18 months. In fact, some men have been in there since the day it opened in 1989.

So, there’s a lesson about how much you can trust an executive agency that is granted total power over individuals, granted vast secrecy privileges, has no outside review, and is licensed to use violence. Realizing that the 18 month limit wasn’t trustworthy is just one minor way in which prison authorities and other unsupervised forms of executive power have been found to be abused. Look at the recent NSA spying scandal: their director lied directly to Congress about spying on Americans, and they are so secret that even their budget is classified!

Another way to look at it is to recognize that (along with the death penalty) solitary confinement is the end-point of a culture of violence. Many people like to believe that violence is only a problem when it’s done by people who are labeled as criminals, and that those individuals have the sole responsibility for bad deeds. But it’s more complicated than that. As we discussed earlier regarding CDCR, when our government demonstrates that it leads through violence, that gives a license for everyone else to follow suit. Furthermore, US culture licenses violence in far too many ways: in international affairs (e.g. the invasion of Iraq), with our military-industrial complex, with “stand your ground” laws, in mass media, and through NRA membership, to name a few.

Whether or not solitary confinement is a premeditated form of violence, it’s not an ‘accidental’ part of the culture of violence. Indeed, people who are involved do not even recognize how troubling it is because they are so accustomed to our government doling out punishment and violence.

The flip side of this deep connection is that by drawing the most extreme form of violent punishment into the open and challenging its legitimacy, it creates an opportunity for people to see the bigger picture and challenge the much larger culture of violence in many other ways as well.

A3N:   Taking a step back from prisons and solitary confinement units themselves, how has the architecture of the police state manifested in US society outside of prison walls? Are these manifestations more subtle or more overt outside the walls?

RS:   One central tool in prison design is the use of surveillance. The most famous prison design in history, Jeremy Betham’s “Panopticon,” was intended to subject prisoners in solitary cells to perpetual surveillance until their psychology internalized the idea of always being watched, at which point they could be returned safely to society. Though the 19th Century prisons he inspired never worked as he imagined, designs of the past few decades have included more and more surveillance, finally approaching this ideal. But this is less rehabilitative than Bentham had hoped: having a direct line of sight into every corner of a prison enables guards to shoot a rifle into every spot in which prisoners might ‘riot,’ or rebel against control.

Surveillance and security-based design are now more prevalent than ever outside of prisons, with the vast multiplication of security cameras, gated communities, and access control at building entries, among other technologies. This system is more subtle than in prisons, and it is often corporate rather than governmental, but it also tends to eliminate truly public spaces where dissent can be organized. ADPSR published the book, Beyond Zucotti Park: Freedom of Assembly and the Occupation of Public Space, to draw attention to this problem, which threatens the basic fabric of our democracy.

More specifically, you see the architecture of fear in the design of schools, where the threat posed by unruly children is now conceived of as a security and policing problem, rather than a need to reinforce positive disciplinary mechanisms in the school administration and at home. Schools are littered with metal detectors and school buildings are increasingly “hardened” to resist potential assaults, which is a built in counterpart to the “zero-tolerance” policies that have been revealed to be ways for kicking poor students of color out of opportunity and into the school-to-prison pipeline. Not that I blame school architects, who are only trying to help, but the role of fear is such that we fail to see the real problem: persistent disinvestment in poor communities of color, a lack of alternatives to the drug business for economic development, and a lack of public infrastructure to support healthy community life, especially for youths.

The same dynamics play out with our public buildings both at home (e.g. courthouses) and abroad (especially embassies), where security guidelines are now deeply entrenched in the design process. While to some degree security measures can be camouflaged with the use of blast-resistant glass and creative landscape architecture, hardening our buildings not only drives up the cost of public construction but more importantly begs the question of whether it is a reasonable response to threatening times. With embassy design, there is a clear connection between the inequities and hostility generated by U.S. foreign policy and an increased need to protect our public face abroad from violent assaults (people grow to hate the U.S. because of our foreign policy). It might be a better plan to have a foreign policy based on human rights and nonviolent conflict resolution than to continually harden our embassies while selling increasingly powerful weapons in unstable regions around the world and privileging ‘US interests’ over the well-being of everyday people in other countries.

At home, having a government that is afraid of its own population (since most of this dates back to Timothy McVeigh’s attack on the Oklahoma City federal building) and our visitors (post-9/11) is not a ‘sustainable’ situation for citizen self-governance. Certainly public employees need safe workplaces, but even if we truly live in more dangerous times than in the past (and I doubt that’s the case), that just calls for more strategies of peacemaking and healing. That can’t happen when every person is viewed as a potential threat and an architecture of inclusion is precluded by security requirements.

A3N:   As ADPSR’s petition to the AIA now works towards another 1,000 signatures, what is planned for the future? How else can our readers support your work?

RS:   The signature campaign is very important to show AIA that the public really wants to see leadership from the architectural profession on human rights. It’s rare for the public to ask anything of AIA, so more signatures will really get their attention.

That said, myself and others at ADPSR are working hard to broaden this debate and make more people aware of it. We are speaking at AIA events and to AIA local chapters across the country, asking them to write to our national board of directors in support of amending the code of ethics as we propose to do.

We are getting ready to launch a second petition for architecture professors. As a group, they are charged with teaching new architects about professional ethics and having a stronger role for human rights in our ethics code would help inspire their students. We are also soliciting endorsements from associated organizations who have a stake in the issue, from groups that provide design services to indigent populations (e.g. Design Corps), to those who care about solitary confinement specifically (e.g. National Religious Campaign Against Torture).

Lastly, along with folks adding their name to the signature campaign, joining ADPSR is a great way for folks to support our work.

 –Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

VIDEOS: Oakland protest supporting CA prisoner hunger strike (featuring Danny Murillo, Janetta Louise Johnson and Paige Kumm)

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RELATED:  Solidarity from Chiapas, Mexico and in Berlin, Germany (read writeup and watch video)


At lunchtime on Wednesday July 31, Frank Ogawa/Oscar Grant Plaza in downtown Oakland hosted a protest rally in support of the CA prisoner hunger strike that began on July 8. The rally was followed by a spirited march through downtown Oakland (view event photos here). This event was held in conjunction with other solidarity events around the world.
The rally’s MC, Jerry Elster from All of Us or None, announced the upcoming protest outside the west gate of San Quentin Prison at 2pm on August 3, and introduced a wide range of anti-prison activists who spoke in support of the current hunger strike in California prisons. Featured here are video clips from three of the rally’s speakers.
–Danny Murillo survived 14 years of solitary confinement in California prisons and is currently a student at the University of California at Berkeley.

–Janetta Louise Johnson from Transgender Intersex Gender Variant Justice, where she works as Program Coordinator for Member Leadership Development and the Formerly Incarcerated and Convicted People’s Movement. TGI Justice, who recently made a statement of support for the hunger strike, describes itself as “a group of transgender people—inside and outside of prison—creating a united family in the struggle for survival and freedom,” whose membership includes “low income transgender women of color and our families who are in prison, formerly incarcerated, or targeted by the police.”

–Paige Kumm from Causa Justa – Just Cause, where she works as a San Francisco Housing Rights Counselor/Organizer. The group’s mission statement is to build “grassroots power and leadership to create strong, equitable communities. Born from a visionary merger between a Black organization and a Latino immigrant organization, we build bridges of solidarity between working class communities of color.”

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Herman Wallace Removed From Solitary: More humane conditions for Herman, one big step towards compassionate release

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(Recent photo of Herman by Hermanshouse.org)

Last Friday, July 12, Louisiana’s Hunt prison reduced Herman Wallace’s classification from maximum to medium security meaning Herman is no longer being held in solitary confinement. He will stay in the prison hospital in a 10-bunk dorm, with access to a day room, and won’t have to wear leg irons. This was confirmed by visitors who saw Herman over the weekend and who took this photo of him using the exercise bike. Herman wanted to show supporters he is fighting to survive.

This is not enough. The call for Herman’s release continues with Amnesty International leading the campaign. “The wind is at our back and with your continued help our objective will be realized – freedom is in sight” says Robert King.  We ask you to join us in this fight for justice.

Letter to US DOJ by Reps. Richmond, Conyers, Nadler, and Scott Calls for Investigation into Louisiana Prisons; Cites Angola 3

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RELATED:  Times Picayune article II  Solitary Watch article
 
Below is the full text of the letter to the US Department of Justice and the accompanying press release issued today (view a PDF of the original letter).


For Immediate Release
Date: Friday, July 12, 2013Contact: Andrew Schreiber (Conyers) – 202-225-6906
John Doty (Nadler) – 202-225-5635David Dailey (Scott) – 202-225-8351
Monique Waters (Richmond) – 202-225-6636
           
Reps. Richmond, Conyers, Nadler, and Scott Lead Letter Calling for Investigation into Several Louisiana Prison Facilities

(WASHINGTON) – Today, Congressman John Conyers, Jr. (D-Mich.), Ranking Member of the full U.S. House Judiciary Committee, Congressman Jerrold Nadler (D-N.Y.), Ranking Member of the Subcommittee on the Constitution and Civil Justice, Congressman Robert C. “Bobby” Scott (D-Va.), Ranking Member of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, and Congressman Cedric Richmond (D-La.) sent a letter to the Department of Justice’s Assistant Attorney General for Civil Rights Thomas Perez calling for investigations into the alarming conditions in several Louisiana state prison facilities. Specifically, the Members expressed deep concern that the Louisiana Department of Corrections has, “engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices.” In the letter the Representatives urge the Attorney General to begin an investigation into the use of solitary confinement, and other troubling detention practices, in numerous Louisiana prison facilities, especially in the Louisiana State Penitentiary at Angola, Louisiana.

The full version of the letter transmitted to the Department of Justice can be found below:

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July 12, 2013





Honorable Thomas E. Perez
Assistant Attorney General for Civil Rights
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Assistant Attorney General Perez:

Under the authority granted to the Attorney General pursuant to the Civil Rights of Institutionalized Prisoners Act (“CRIPA”), 42 U.S.C. § 1997, we urge you to begin an in depth investigation into the egregious and extensive use of solitary confinement and other troubling detention practices in various Louisiana prison facilities, especially the Louisiana State Penitentiary at Angola, Louisiana (“Angola”).  We have reason to believe that the Louisiana Department of Corrections (“Louisiana DOC”) has engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices. We believe that an investigation of conditions at Angola and other facilities under the control of the Louisiana DOC could yield evidence of knowing violations of the 14th Amendment Due Process Clause, the 8th Amendment Cruel and Unusual Punishments Clause, as well as numerous additional violations of prisoners’ statutory and constitutional rights.  

The Louisiana DOC has an abysmal history of protecting the rights of its prisoners, and the tragic story of the Angola 3 is a case in point.  Herman Wallace and Albert Woodfox were charged with murder and convicted with evidence that has been called into question by numerous courts and stakeholders, including the victim’s wife. Another inmate, Robert King, was also subjected to decades of isolation after a wrongful conviction. His conviction was overturned and he was released in 2002.  Although held in isolation for being a purported threat to prison security, since his release he has toured the world speaking about his ordeal in isolation, and he was recently awarded an honorary Ph.D. from Cambridge University in England.  

Since their convictions (which are currently under review in federal court), Woodfox and Wallace have endured over four decades of isolation.  This is an unprecedented period of time by any standard, and quite possibly the longest any person has spent in solitary confinement worldwide.  Within the last five years, Woodfox and Wallace have been transferred from Angola to other facilities in the Louisiana prison system, including the David Wade Correctional Center (“Wade”) and the Evalyn Hunt Correctional Center (“Hunt”), where we understand the very same complained-of constitutional and statutory violations have been perpetuated.  We understand that upon their transfers, brand new Closed Cell Restricted (“CCR”) tiers were created at these facilities, and additional inmates are now also confined on these tiers.  We have reason to believe that, as at Angola, many of the inmates housed in the CCR tiers of Hunt and Wade suffer from mental health and other serious illnesses.  Woodfox and Wallace continue to be held apart from the general prison population, to the detriment of their mental and physical health.

Indeed, after years of what we have been informed was sub-standard medical care, Herman Wallace was diagnosed just weeks ago with liver cancer.  We have heard that he lost over 50 pounds within 6 months.  Despite that dramatic weight loss, and at 72 years old, the prison did nothing to treat or diagnose him until he was sent to an emergency room on June 14.   Given the late stage of his diagnosis, his treatment options are now limited.  He is frail and ill, but is still being treated as if he is a threat to security, and we hear that he remains under lockdown conditions. This is unconscionable.

We also have reason to believe that at the Wade facility, 68-year-old Woodfox, and all CCR inmates there, are being subjected to daily strip searches whenever they enter or exit their cells, even when there is no basis or reasonable suspicion that they might be in possession of contraband.  We have been told that even when Woodfox is removed from his cell to go to the exercise yard, where he is being kept under surveillance of guards and apart from any other inmates or prison visitors, he is strip searched when he leaves his cell and upon return.  

Moreover, we have reason to believe that the Louisiana DOC continues to knowingly engage in behavior that violates the due process rights of inmates held in solitary confinement.  The requirements of the 14th Amendment Due Process Clause call for periodic, meaningful hearings on the question of whether a prisoner should be held for continued closed cell restriction.  Yet, we are told that in many Louisiana DOC facilities, officials orchestrate sham 90-day reviews that take no consideration of a prisoner’s conduct while he was in solitary or the prisoner’s state of mind, and do not attempt to determine, by any defined standard, whether the prisoner should be released to a less restrictive cellblock or dormitory.  We have been informed that there may be more than 100 inmates who have been subjected to these fictitious reviews.

In addition to the above-detailed due process violations, this use of prolonged isolation over a period of 40 years at Angola and other Louisiana DOC facilities is indicative of cruel and unusual punishment, and its blatant and persistent use suggests that this practice is pervasive and not confined to the Angola 3. We have reason to believe that there are other inmates who have received less attention from the press who have also been subject to such onerous, punitive periods of isolation.

We do not allege these apparently unconstitutional patterns and practices lightly. Over the past 6 years we have engaged officials, inmates and stakeholders in conversations about conditions at the prison, and most of what we have heard is alarming.  Recently, lawyers representing inmates on Angola’s death row filed suit in federal court alleging that the conditions of confinement there are inhumane because the tiers are not air-conditioned, and the heat index goes as high as 195 degrees Fahrenheit in summer months.  On July 2, 2013, Chief U.S. District Court Judge Brian Jackson in the Middle District of Louisiana issued an order in that case directing that temperature data be collected for 21 straight days in advance of an evidentiary hearing set for August 5.  Just as with the death row at Angola, the CCR tiers at Angola, Wade and Hunt have no air-conditioning in the scorching Louisiana summer heat.

Finally, we have reason to believe that Louisiana DOC employees have colluded with persons from the Office of the Louisiana Attorney General to fabricate violations of prison rules to unjustifiably punish inmates. Significant issues also exist related to prisoners’ personal safety, unhealthy environmental conditions, inhumane sanitary conditions and excessive use of force by prison staff.  We have been told that e-mails between the Louisiana Attorney General’s office and Louisiana DOC employees document that, in the Fall of 2008, staff of the Attorney General’s office and Angola prison “joined forces,” as a February 10, 2010 Order of the federal District Court describes it, to search a year’s-worth of Wallace and Woodfox’s recorded phone calls for “‘sufficient justification for stiff disciplinary action.’”  Wilkerson v. Stalder, No. 00-304 (M.D.La.) (Doc. No. 374 at 9, 10).  This search coincided with proceedings related to Woodfox’s motion for bail after he was granted habeas relief by the federal District Court which was later overturned by a split Fifth Circuit panel.  We are told that as a result of their efforts to find pretextual disciplinary violations—which involved staff of the Attorney General’s office requesting and listening to privileged attorney-client calls—Wallace and Woodfox were written up for phone call violations; sentenced to a removal from the dormitory setting where they had peacefully resided for eight months; and placed back into isolation, where they remain today.    

In this day and age, the federal government simply cannot abide unconstitutional behavior of this magnitude from those who run corrections facilities. It simply cannot be that in this country, a state can subject men to inhumane solitary confinement conditions, for decades on end, with no standards for the review procedures in place to ensure that such profoundly harsh confinement is justified, without intervention by our federal government.  As the Supreme Court found in Brown v. Plata, “prisoners retain the essence of human dignity inherent in all persons.”  

In this spirit, we ask that the Civil Rights Division’s Special Litigation Section use the Department’s statutory CRIPA authority to investigate and ultimately take all appropriate action to ensure that Louisiana’s prison system fully complies with the mandates of the Constitution and all applicable statutes.  The Division’s work in the Orleans Parish Prison and St. Tammany Parish Jail cases have sent a strong signal that the Department is serious about its obligation to protect the rights of institutionalized persons in the State of Louisiana.  The situation at Angola, especially the treatment of the Angola 3, is ripe for investigation and immediate action.  We look forward to your earliest response.


Sincerely,
 
Cedric L. Richmond, Member of Congress
John Conyers Jr., Member of Congress
Jerrold Nadler, Member of Congress
Robert C. “Bobby” Scott, Member of Congress




cc:

Roy Austin, Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Jocelyn Samuel, Principal Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Peter J. Kadzik, Principal Deputy Assistant Attorney General, Office of Legislative Affairs, Department of Justice

Jonathan M. Smith, Chief, Civil Rights Division, Special Litigation Section, Department of Justice

The Honorable Bob Goodlatte, Chairman, House Committee on the Judiciary 

Take Action: Join Amnesty International to Demand Compassionate Release for Herman Wallace Now!

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Please take action here!

(RELATED: article by The Advocate: “Amnesty International wants Jindal to free one of the Angola 3”)

Today, in response to the tragic news that Herman Wallace is terminally ill with cancer, Amnesty International has launched a campaign calling for Louisiana Governor Bobby Jindal to immediately release Herman on humanitarian grounds.

Following his initial diagnosis on June 14, Herman continues to be held in isolation at Hunt Correctional Center’s prison infirmary. Reflecting on his confinement while battling cancer, Herman says: “My own body has now become a tool of torture against me.”

“After decades of cruel conditions and a conviction that continues to be challenged by the courts, he should be released immediately to his family so that he can be cared for humanely during his last months,” says Tessa Murphy, USA campaigner, about Herman Wallace.

Amnesty International has long criticized the legal process and lack of evidence that has resulted in both Herman and Albert Woodfox’s original murder convictions. In confronting Herman and Albert’s continued cruel confinement in solitary for over 40 years, Amnesty has declared it to be in violation of international human rights law, as well as the US Constitution itself.

In today’s statement, Amnesty declares that in the decades of Herman and Albert’s confinement, the “prison authorities have broken their own policies to justify their continued incarceration in harsh and inhumane conditions.” Amnesty also states that they are, “extremely concerned about the worsening conditions of confinement” for Albert in David Wade Correctional Center.

Creating public pressure for Herman is now more important than ever. We need Governor Jindal to get hundreds of thousands of emails demanding Herman’s immediate release, so please take action now and help us spread the word by posting on Facebook and forwarding it to your friends.

–The full text of the ‘take action’ email to Bobby Jindal – Governor of Louisiana, Paul Rainwater – Chief of Staff, Emily Riser – Executive Assistant,  and Tammy Woods – Assistant Chief of Staff reads:

Subject: We Call For Humane Release!

As I write you, 71 year old Herman Wallace is being held in isolation in the infirmary in Hunt Correctional Center. After spending more than four decades held in cruel and unusual solitary confinement, he has been diagnosed with terminal liver cancer. The time to act is now. I ask you to release Herman to his family on humanitarian grounds, so that they can care for him during his last months on earth.

Both Herman Wallace and fellow ‘Angola 3’ prisoner Albert Woodfox have spent most of the past 41 years of their lives alone in a tiny cell for 23 hours a day. Such conditions are cruel, inhuman and degrading. Prior to Wallace’s cancer diagnosis, these conditions had already negatively impacted both men’s physical and psychological health. In fact, in 2007, a US federal judge ruled that the conditions constituted a deprivation of a basic human need and that prison officials should have been aware of the potential for serious harm to physical and mental health.

Contrary to requirements under both international human rights law and the US Constitution, Herman has had no meaningful review of his continued isolation. Herman’s prison records do not demonstrate that he is a threat to the security of the institution, himself or others. Furthermore, there are substantial concerns about the fairness of the legal process that resulted in Herman’s conviction; a conviction that is still being challenged before the courts today. Evidence suggests that the decision to keep him in solitary is based at least in part on his political activism and association with the Black Panther party.

Herman Wallace and Albert Woodfox are believed to have spent more time in solitary confinement than virtually any other US prisoner in recent history. Now, after surviving 41 years of a nightmare, Herman doesn’t have much time left. Please release Herman to his family today.

(end of email text)

–Below is the full text of Amnesty International’s July 10, 2013 press release.

Amnesty International Appeals for Release of Terminally Ill ‘Angola 3’ Prisoner, after 40 Years in Solitary Confinement

Contact: Suzanne Trimel, strimel@aiusa.org, 212-633-4150, @AIUSAmedia

(NEW YORK) – Amnesty International appealed to Louisiana Governor Bobby Jindal today to immediately release from prison on humanitarian grounds. Herman Wallace, one of the ‘Angola 3,’ is terminally ill with cancer and has been imprisoned in solitary confinement for more than 40 years.

“Herman Wallace is 71 years old and has advanced liver cancer,” said Tessa Murphy, USA campaigner at Amnesty International. “After decades of cruel conditions and a conviction that continues to be challenged by the courts, he should be released immediately to his family so that he can be cared for humanely during his last months.”

Wallace was diagnosed with cancer after being taken to hospital on June 14. He had been on medication for some time for what was diagnosed as a stomach fungus and over the last months, has lost considerable weight. He is now being held in isolation in the infirmary at Hunt Correctional Center.

Wallace and fellow prisoner Albert Woodfox were first placed in isolation in 1972; since then they have been confined for 23 hours a day to cells measuring 6 by 9 feet.

Both men were convicted of the murder of a prison guard in 1973, yet no physical evidence links them to the crime – potentially exculpatory DNA evidence has been lost and the testimony of the main eyewitness has been discredited. Citing racial discrimination, misconduct by the prosecution, and inadequate defense, state and federal judges have overturned Woodfox’s conviction three times, while Wallace’s case is once again up for review before the federal courts.

The two men are believed to have spent longer in solitary confinement than virtually any other U.S. prisoner in recent history. During this time, prison authorities have broken their own policies to justify their continued incarceration in harsh and inhumane conditions.

Before Wallace’s cancer diagnosis, the harsh environment had already had an impact on both the man’s physical and psychological health as acknowledged by a federal judge in 2007. The severe toll of solitary confinement on inmates’ mental and physical health has been extensively documented in studies. In recognition of this damage, the U.N. Special Rapporteur on Torture, Juan Mendez, has called on states to prohibit the practice in excess of 15 days.

Amnesty International is also extremely concerned about the worsening conditions of confinement for Woodfox in David Wade Correctional Center. For approximately two months, Woodfox has been subjected to additional punitive measures – including strip searches each time he leaves or enters his cell, being escorted in ankle and wrist restraints, restricted phone access, and non-contact visits through a perforated metal screen. Temperatures in the prison cells are reportedly extremely high, regularly reaching up to 100 degrees Fahrenheit.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists, and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth, and dignity are denied.

Angola 3′s Herman Wallace, Gravely Ill, Still Held in Isolation

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(April 2013 photo of Herman Wallace)

Angola 3’s Herman Wallace, Gravely Ill, Still Held in Isolation

By James Ridgeway and Jean Casella

(Reprinted with permission from Solitary Watch)

Herman Wallace, 71, has been diagnosed with liver cancer. He is being held in a locked prison hospital room at the Elayn Hunt Correctional Center at St. Gabriel, Louisiana. The prognosis is grave, according to persons with direct knowledge of the situation. Wallace is one of the two members of the Angola 3 who, along with Albert Woodfox, is still being held in solitary after more than 41 years.

Tessa Murphy, U.S. Campaigner for Amnesty International, which has taken up the case, said in an email, “The tens of thousands of Amnesty International supporters worldwide who have campaigned over the years for justice in Herman and Albert’s case will be devastated by this sad news. Herman and Albert have been held in cruel conditions of confinement for over 40 years without meaningful review; neither of the men have disciplinary record to indicate that they are a threat to themselves, fellow prisoners or staff, and the Louisiana prison authorities have since 1996 broken their own policy to justify the men’s continued detention under these conditions.’’

Wallace and Woodfox were placed in solitary confinement at the Louisiana State Penitentiary at Angola in 1972, following the murder of prison guard Brent Miller. The men believe they were originally targeted for the murder, and have been held in isolation ever since, because of their association with the Black Panther Party. (The third member of the Angola 3, Robert King, was freed in 2001 when his conviction for the murder of a fellow prisoner was overturned; he had spent 29 years in solitary.) Several years ago, the two men were transferred out of Angola and sent to separate, distant prisons, where they have remained in solitary.

Angola Warden Burl Cain has stated in a deposition that “Albert Woodfox and Herman Wallace is locked in time with that Black Panther revolutionary actions they were doing way back when.” For this reason, he says, they must remain in solitary, because if he released them to the general population “I would have me all kinds of problems, more than I could stand, and I would have the blacks chasing after them.” Louisiana Attorney General James “Buddy” Caldwell has likewise promised to keep Wallace and Woodfox behind bars. (Caldwell also claims they “have never been held in solitary confinement.”)

Both men have been fighting to have their convictions overturned by the federal courts, claiming they are based on highly questionable evidence. Woodfox’s conviction was overturnedfor the third time earlier this year, but he remains in prison while the state appeals. Wallace lost his latest challenge, but continues to fight in the courts. At the same time, a civil case has been filed challenging the men’s four decades of solitary confinement on First, Eighth, and Fourteenth Amendment grounds.

For 41 years, Wallace and Woodfox have spent at least 23 hours a day in cells measuring 6 feet by 9 feet. They are sometimes allowed out one hour a day to take a shower or a walk along the cellblock. Three days a week, they may use that hour to exercise alone in a fenced yard. In their civil suit, their lawyers argue that both have endured physical injury and “severe mental anguish and other psychological damage” from living most of their adult lives in lockdown. According to medical reports submitted to the court, the men suffer from arthritis, hypertension, and kidney failure, as well as memory impairment, insomnia, claustrophobia, anxiety, and depression. Even the psychologist brought in by the state confirmed these findings.

“The injustice of being held under such harsh, restrictive and inhumane conditions for over four decades is compounded by the serious legal concerns that have emerged in their cases over the years of litigation, Amnesty’s Murphy said. “Amnesty International will continue its fight for justice for Herman and Albert; with the terrible news of Herman’s health, this fight becomes more important than ever.”

Two months ago Wallace had complained of feeling ill. Prison doctors diagnosed his condition as a stomach fungus and put him on antibiotics. By last week, he had lost 45 pounds, and was sent to a local hospital, where he received the news that he has liver cancer. He was returned to prison after a few days.

A team of lawyers, an outside doctor who has taken care of Wallace for years, and a psychologist briefly visited Wallace last week in a prison hospital room. Wallace was not manacled or shackled. The door was locked. There is no television and little contact with the outside world. Telephone privileges which were made available in the beginning have been revoked by the prison. According to one source, a warden ordered visitors out after ten minutes. “The level of inhumanity I am not used to,” said Nick Trenticosta, one of Wallace’s attorneys in Louisiana. “I am used to bloodthirsty prosecutors who want to kill people, but not this sort of thing.”

For Albert Woodfox, 66, who lived in solitary nearby Wallace at Angola and still keeps in touch by letter, the news was shocking. According to his brother Michael Mable,who saw Albert over last weekend, his brother is depressed and “afraid of dying in this prison.” Mable was only able to see Woodfox through a glass partition, and Woodfox sat with his hands manacled and feet shackled while a captain and a lieutenant stood behind him, Mable said. Woodfox was strip searched, even though the interview was just a short ways from his cell. He is allowed one visit a month. Woodfox suffers from diabetes, high blood pressure, and hepatitis.

It is not yet clear what the next steps will be for Herman Wallace in terms of medical care. Because the prison medical record appears scant, doctors are anxious for Wallace to see an oncologist at an outside hospital. He may go there some time this week.

Asked whether the state would consider compassionate release or hospice care for Wallace, Pam Laborde, Communications Director for the Louisiana Department of Public Safety and Corrections, said, “As you hopefully understand, I am not in a position to discuss an offender’s medical condition due to privacy concerns.”

In a 2006 letter to Jackie Sumell, an artist with whom he is collaborating on a project called The House That Herman Built (now the subject of a documentary film), Herman Wallace wrote: “I’m often asked what did I come to prison for; and now that I think about it Jackie, it doesn’t matter. It doesn’t matter what I came here for, what matters now is what I leave with. And I can assure you, however I leave, I won’t leave nothing behind.”

(April 2013 photo of Herman)

Abusing Prisoners Decreases Public Safety –An interview with educator, author and former prisoner Shawn Griffith

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Abusing Prisoners Decreases Public Safety

–An interview with educator, author and former prisoner Shawn Griffith
By Angola 3 News
If given the attention it deserves, an important new book is certain to make significant contributions to the public discussions of US prison policy. The author, Shawn Griffith, was released last year from Florida’s prison system at the age of 41, after spending most of his life, almost 24 years, behind bars, including seven in solitary confinement. Facing the US Prison Problem 2.3 Million Strong: An Ex-Con’s View of the Mistakes and the Solutionwas self-published just months after Griffith was released from what is the third largest state prison system in the US, after California and Texas.
This new book’s thoughtful analysis and chilling reflections on what author Shawn Griffith experienced while incarcerated is a remarkable illustration of why the US public must listen to the voices of current and former prisoners who have stories that only they can tell. Griffith writes that “by integrating my own personal experiences with statistics and examples from different corrections systems around the nation, I am attempting to discredit the general perception that the system is designed to enforce and protect justice for everyone. The U.S. criminal justice system is an economically and politically profitable enterprise for special interest groups in this country. The general taxpayer needs to understand how the abusive policies fostered by these groups worsen the U.S. prison problem and the debt crisis through wasted corrections expenditures.”

Florida’s state prisons are the book’s main focus because “the majority of prisoners are incarcerated in state institutions. As of 2010, the US incarcerated 1,404,053 prisoners in state correctional institutions. For that reason, and based on my own twenty years of experience… Florida serves as an especially relevant test case for the changes needed in the US correctional system for two reasons. First is the size of Florida’s prison population and some of the political causes of its growth… Second, Florida has enacted some of the toughest sentencing laws of any state, causing correctional budgets to soar while educational budgets have been cut repeatedly,” writes Griffith.
After reading about the many different ways prisoners are abused, the very notion that US prisons are designed to rehabilitate or improve public safety, can only be viewed as a sick joke. Griffith writes that “hidden behind the walls, huge numbers of human beings have their spirits broken daily. Secretly, many suffer false disciplinary reports, illegitimate confiscation or destruction of personal property, physical beatings, rape, and sometimes fraudulent criminal penalties. Substandard nutrition, indifference to serious medical needs, and policies that encourage laziness have also become common. These practices help to sustain rates of recidivism, which is defined as a return to prison within three years of release.”
“Indeed, the strongest factor in reducing the rate of criminal recidivism is education, especially higher education, the one correctional expenditure that federal and state politicians have slashed.  This course must be reversed,” writes Griffith, himself an example of the healing power of educational programs for prisoners. While incarcerated he began his long journey to full rehabilitation, gaining his GED and then taking over 40 accredited college correspondence courses with an emphasis on criminal justice, psychology, and marketing. He has a 3.5 GPA from Ohio University in Athens, Ohio. As a teacher in prison, he helped hundreds of inmates gain their GEDs.
Since his release in 2012, Griffith has lived in Sarasota, Florida where he founded Speak Out Publishing to publish other works of non-fiction that focus on tackling some of societies’ most pressing issues. Copies of Facing the US Prison Problem 2.3 Million Strong can be purchased directly from Griffith, through his website: www.speakoutpublishing.com, by mail: Speak Out Publishing, LLC at P.O. Box 50484 Sarasota, Florida 34232, or by phone: 941-330-5979.
Angola 3 News:         You write that this book “isn’t just a commentary on correctional problems and solutions…it is also to share the human side of the story.” Based on your experience of spending almost 24 years in a Florida prison, what is the human side of this story?
Shawn Griffith:         Sometimes I think people forget that prisoners and their families are people. The prisoners have committed crimes, but many of them come to prison with serious psychological issues, and they still have feelings like every person in this world. Most prisoners are not sociopaths, but instead human beings with more pain and trauma in their pasts than the average citizen. Committing crimes, for the most part, is a direct sign of their mental instability.
A good example was a murderer with the moniker, Arkansas. Arkansas was a real stand-up guy in prison. He was someone who kept his word, minded his own business, but had a violent father who instilled violent teachings into his head repeatedly during childhood. He would give a friend the shirt off of his back, but if you tried to harm him or get over on him, his training went into effect. He had some serious psychological issues that I saw him struggle with every day.
One day I walked into his cell and he had obviously been crying, although he tried to hide it. I asked him what was wrong, and he gave me the tough bravado treatment. But I have never given up easily, and after some coaxing, I learned that his mother was dying of cancer. Arkansas cleaned up his act immediately. He did everything by the book to get a hardship transfer closer to his dying mother, who was too sick to travel across the state of Florida.
After repeated attempts to get transferred, he gave up in total despair. His mother was the only person he had in this world. He turned his anger inward and sliced his wrists deeply. This got him transferred to the prison by his mom, since it had an Intensive Psychological Unit for suicidal inmates. This is the human aspect to which I refer. Neither Arkansas nor his poor mother should have had to deal with that in the only, heartless manner available.
Society should understand that 95% of prisoners will one day become their neighbors. Worsening people’s emotional trauma in this manner does nothing to increase these prisoners’ chances of becoming a productive, empathic citizen and neighbor. People should take an active part in reconsidering policies that ignore the human aspect of the story.
A3N:   You argue that “what is most striking about” the abuse of prisoners “is how successful the government has been at maintaining the invisibility of it through ‘perception management.’ Public affairs offices work around the clock to spin damage control for correctional improprieties into non-controversial, politically correct sound bites.  With 5,000 correctional jails and institutions dotting the U.S. landscape, prisoner abuses are common.  However, much of the abuse is overlooked by unconcerned reporters who simply regurgitate government press releases.”
Combating this ‘invisibility’ by spotlighting the abuse of prisoners is critical for making prison authorities more publicly accountable. However, even on the rare occasion when the humans rights abuses inside US prisons are documented and presented to the general public, there is often still a widespread acceptance of these conditions because of a stigma against prisoners that causes much, if not most of the US public to feel that prisoners are ultimately ‘getting what they deserve.’ How can we better challenge this stigma? What role can independent media play?
SG:     The primary challenge of media, whether radio, internet, or network, is ratings. Without positive ratings, popular media can’t sell advertisements. Considering that conventional media are already facing budget challenges as a result of new venues, particularly the internet, activist-style programming is not at the top of their agenda. Crime sells, but rehabilitation hardly brings in the ratings.
The goal of all media should be to interweave prison reform into popular crime programs, similar to the way Pat O’Connor does it at www.crimemagazine.com. He understands the public mindset, and entertains his audience with titillating pieces on crime, yet does an amazing job of showing the crimes of the system in making recidivism worse. This should be the first method for all media, whether through traditional network programs or through today’s internet blogs.
The second challenge is to put public corrections officials’ feet to the fire. The only true national magazine that does this in the U.S. is Prison Legal News. Many times I have personally witnessed mainstream media personnel come into a prison and print almost verbatim the perspective of guards or staff in the public-relations’ offices of many DOC central offices. Prison bureaucrats go to great lengths to cover improprieties. They know that if the public gets wind of how abhorrent conditions really are in most U.S. prisons, their jobs would be on the line. Thus, they only let in the media personnel who slavishly reprint their versions of public-interest stories. This is why many citizens share so many misconceptions about prisons, such as the common one that Florida’s prisons have air conditioning. It’s simply not true.
Media should reject such stifling of free speech by demanding to have less-restricted access to inmates, as they did in the late sixties and early seventies. Those prison officials that consequently restrict media access should then be lambasted with the truth, until they feel the heat, provide media access, and stop the abuses. Prisons are about prisoners, yet other than dramatized versions of prisons in shows like Lock-Up, rarely do people get the prisoners’ versions of conditions, until something extreme happens, such as killings of guards during riots. It shouldn’t have to reach that point.
There seems to be nothing independent about most mainstream media, at least not in dealing with prison issues, and that’s a shame in a country that supposedly prides itself on ‘free speech.’
A3N:   If you were given five minutes on a mainstream news show, and were therefore able to speak directly to the general public, how would you address the commonly held belief that abusive prison conditions serve to reduce ‘crime’ and  improve public safety?
SG:     I would start with the ‘three Rs’: Retribution, Rehabilitation, and Recidivism.
A3N:   Retribution?
SG:     There is a fine line between retribution and correction. The best way to bring this home to people is to use the analogy of a child being taught to behave. For the reader, I would ask:  “If you have an adopted child or even your own child who was mistreated in some way and maybe had a mental illness from some trauma in the past, would you try to fix that child by increasing the trauma further?” Of course not, unless you were an abusive parent.
Indeed, some people might have a difficult time relating a child’s misbehavior or need for a positive upbringing with a criminal. But the fact is that most prisoners have had some intense emotional trauma in their pasts, particularly sexual, physical, or emotional abuses during childhood. They act very similar to maladjusted children and most have not truly grown up. Research has repeatedly shown that prisoners have a very high rate of mental illness and also drug or alcohol dependencies.
Everyone understands the instinct for retribution. But that is the point; it is a primal instinct. Any society that bases its ‘corrections’ policies on instinct, rather than on scientific research, should not be shocked to see humans lash out like animals in response to further trauma resulting from societal retribution. Extreme punishment, and especially abuse, without a balance of love, creates rebellious, mentally-disturbed children. The public needs to understand that the same result, only ten times worse, occurs with prisoners subjected to punishment and abuse that does not have a balance of societal empathy. Any corrections policy must be balanced with both.
A3N:   Rehabilitation?
SG:     Social empathy is best implemented through the second “R” of Rehabilitation. Rehabilitation has gotten a bad rap, but true rehabilitation, as shown in the research statistics in my book, does work. It does reduce victimization and returns to prison.
This does not mean offenders should be treated with kid gloves or coddled. Instead, it means the prisoner should be viewed as a broken person who has little respect or belief in the law because abiding by the law has never coincided with that unbalanced person’s understanding of how to survive or deal with emotional problems.
The public at large has also been led to believe that the concept of rehabilitation has been discredited by scientific proof. That fallacy was responsible, in part, for the dismantling of prior reforms, especially in the South. The problem was not that rehabilitation did not work. There have been many effective examples that show that it does. Indeed, my own story serves as a relevant example of how rehabilitation can work. Rehabilitation has never truly been discredited. The problem is that it has not yet been properly and comprehensively implemented in most corrections systems.
I have offered a comprehensive program of solutions and rehabilitative policies in my book, ones that truly work, yet do you think anyone in corrections has called me to ask for help to implement these solutions? Not one person from any of the corrections systems in the fifty states has shown the slightest interest. Until society changes the general perception of what rehabilitation means, and how effective it can be when implemented properly, the U.S. prison problem will remain as it is.
A3N:   Recidivism?
SG:     This third ‘R’ is the indirect outcome of what society institutes. Right now the high rate of Recidivism in this country is a direct corollary to the corrections’ policies of this nation. As stated, retribution alone will create additional crime in an indirect way by worsening the inmate’s overall stability at the exact time when the stresses of release, bills, relationships, parenting, and other stressors fall upon the recently released felon.
From 1970-2010, the rate of incarceration in the U.S. increased over 1,000%. In April of 2011, a Pew Research Center report showed that we still had a recidivism rate of 43.3%—on data compiled from 2004 to 2007—showing the need for more improvement. Retribution, or the “Lock-em up, and throw away the key” application of corrections has failed miserably.
A3N:   You write: “As disturbing as this may sound, politicians and the bureaucrats who control the system have no incentive to reduce recidivism. To the former, passing tougher sentencing laws increases campaign dollars from prison construction companies, private corrections corporations, and law enforcement unions. To the latter, making policies that encourage prisoners’ ignorance and laziness ensures they will remain unemployable and increases their chances of returning to prison. More recidivism equals more prisons; more prisons equal more job security for prison guards and private corporations; more prison guards equal more members for correctional officer unions; and, more members and private profits equal increased campaign donations to the tough-on-crime politicians who cater to them. This is the main reason that Florida has one of the largest prison populations in the country, not an increasing crime rate. The same applies to the overall nation.” With this in mind, what alternative solutions do you suggest to lower recidivism rates and improve public safety in a practical way?
SG:     After years of contemplation, these are some of the primary solutions that I propose would decrease recidivism and increase public safety. However, hundreds of solutions are provided throughout the book:
  • Pursue criminal justice sentencing reforms that place ceilings on sentences, increase judges’ discretion to make downward departures, increase drug treatment and other community corrections alternatives, and abolish minimum-mandatory provisions for non-violent offenses.
  • Pursue policies of prisoner placement that reduce current intrastate distances from families by forty percent and completely abolish non-voluntary interstate placements. This would then be followed by increased contact between families and offenders at visitation. This has been shown to reduce the unnecessary burdens placed upon family ties, especially between children and prisoner parents, thus reducing intergenerational crime and recidivism simultaneously.
  • Pursue the reversal of corrections policies that diminish prisoners’ familial contact for disciplinary purposes, increase normal contact visitation, and establish a comprehensive private healthcare plan to augment Medicaid for children of prisoners.
  • Lobby legislators to pass laws that reverse pen-pal and religious-correspondence restrictions and other policies of isolation, while instituting other safeguards to ensure societal and penalogical security.
  • Seek the abolishment of policies that charge co-payments, reimbursements, and other double-taxation charges to prisoners’ taxpaying loved ones. This would include the pursuit of fair collect-call rates and profit margins on the commercial resale of all goods and services to prisoners and their families, since the families pay for both.
  • Pursue programs of inexpensive electronic video communications between prisoners and their children that apply to both genders of all incarcerated parents.
  • Seek increases in rehabilitative activities such as music, artwork, writing, and hobby craft that can be leveraged to reduce solitary confinement and visitation restrictions as positive behavioral incentives.
  • Present the statistics in support of increased drug and alcohol treatment programs and make early release credits dependent on successful participatory recovery.
  • Lobby state and federal leaders to institute mandatory GED classes and increased vocational and higher educational opportunities for prisoners. Reverse the laws of the 1996 prohibition against prisoners using the Pell Grant for accredited college correspondence courses.
  • Implement agricultural, industrial, and service economies that increase training and financial incentives inside the prisons, and teach personal responsibility for the expense of living and child support while incarcerated. Accompany this with the establishment of a Corrections Risk Factor (CRF) to employers of prisoners to provide a mathematical wage rate that is fair for both prisoners and the companies that hire or compete in the same industry. This would prevent the prior examples of private companies exploiting prisoners for their labor, and unfair competitive practices against companies that don’t hire convicts. The increased work ethic in prisoners would decrease the burden on taxpayers through a reduction in recidivism and correction expenditures.
A3N:   An article you wrote for Crime Magazine criticized the use of solitary confinement in US jails and prisons. In what ways does the practice of solitary confinement influence recidivism and public safety?
SG:     In fact, experts on solitary confinement have documented the effects of long-term solitary confinement to include PTSD, increased risk of suicide, insomnia, paranoia, uncontrollable feelings of rage, and visual & auditory hallucinations. Literally thousands of prisoners are released directly into U.S. society from these confinement cells every day. Instead of being exposed to rehabilitative programs while in prison, many have been subjected to the cruelty of solitary confinement and have turned into walking time bombs. They are then released into society with $50 and a bus ticket, and kicked out the door mad and emotionally disturbed.
Maybe the practice of using solitary confinement would be more tolerable if there were no alternatives. To the contrary, there are a number of positive, rehabilitative incentives that could be used to replace most of our dependency on solitary to control behavior. For instance, music programs, drug rehab, hobby-craft, and incentivized jobs could all be used to reduce violence and misbehavior. From 1990 to 2010, these programs were slashed, as the push for longer sentences became commonplace. With longer sentences came the need to build more and more prisons. This in turn created incentive to shift money away from rehabilitative programs, which then created the demand for solitary confinement units.
Without ordinary rehabilitative incentives at their disposal, prison administrators had little else to use for controlling prisoners’ behavior. The policy became one of suppression and debilitation at any cost, and the cost has been incalculable.
A3N:   Further illustrating ‘the human side of the story,’ cited at the beginning of our interview, your book examines another under-reported story: how prison policies affect the families of prisoners. To conclude our interview, why do you argue that it is the children of prisoners who suffer the most?
SG:     For starters, a policy increasing a financial burden just slightly can and does trigger the decision by some desperate mothers to give their children up to foster care. With their delinquency worsened by the absence of the imprisoned parent, many of these children end up going to juvenile detention centers. This is especially true for those who are unable to partake in contact visitation with their mothers and fathers because of the distance that separates them. Fathers are typically housed an average of 100 miles away and mothers an average of 160 miles away from their children.
Over half of all incarcerated parents reported having never received a personal visit from their children. Much literature on the developmental effects of separation from a primary caregiver has been produced. In one report issued by the U.S. Bureau of Justice Statistics, 66% of incarcerated mothers and 40% of incarcerated fathers reported being one of the primary caregivers prior to incarceration. The Urban Institute also showed in a study that there are specific character and behavioral traits in children that are directly affected by parent-child separation, especially complete separations that preclude contact visits.
These traits include, among others: feelings of shame, poor school performance, increased delinquency, loss of financial and emotional support, increased risk of abuse by new caregiver(s), impaired ability to cope with future stress and trauma, disruption of normal developmental progress, increased dependency and maturational regression, and intergenerational patterns of criminal behaviors.
These findings are made even more troubling when the age of these children is revealed.  In prior studies, 56% were shown to be between one and nine years of age.  An additional 28% of them were under the age of fifteen.
A3N:   Keep up the good work, Shawn! Because your book examines such a wide range of topics, our interview has only been able to scratch the surface. To read it for themselves, and to support your work as an author and self-publisher, we encourage our readers to get a copy of Facing the US Prison Problem 2.3 Million Strong, purchased directly from you, by internet: www.speakoutpublishing.com, by mail: Speak Out Publishing, LLC at P.O. Box 50484 Sarasota, Florida 34232, or by phone: 941-330-5979.
–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Russell ‘Maroon’ Shoatz Files Lawsuit Protesting 22 Consecutive Years in Solitary Confinement –An interview with Dan Kovalik and Bret Grote

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 (PHOTO: Maroon’s daughter, Theresa Shoatz, with Chuck D at NYC event.)

Russell ‘Maroon’ Shoatz Files Lawsuit Protesting 22 Consecutive Years in Solitary Confinement
–An interview with Dan Kovalik and Bret Grote
By Angola 3 News
Earlier this week, on Wednesday, May 8, lawyers for Russell ‘Maroon’ Shoatz filed a federal lawsuit regarding his placement in solitary confinement for over 22 consecutive years. The written complaint, directed at Pennsylvania Department of Corrections Secretary John Wetzel and the Superintendents of SCI-Greene, where Shoatz was last held, and SCI-Mahanoy, where he was transferred to on March 28, 2013, states that this “is an action for injunctive, declaratory and monetary relief for violations of the Eighth and Fourteenth Amendments of the United States Constitution.”

Last month, when a 30-day action campaign was launched calling for Russell ‘Maroon’ Shoatz’s immediate release from solitary confinement, the campaign promised to file this litigation if Maroon had not been transferred into general population by the morning of May 8. On Thursday, May 9 the lawsuit was announced at a press conference was held in Pittsburgh, outside the City-County Building.
An update released on May 1 argues that the campaign “can already claim a victory” because “Maroon’s case and his work has received more attention over the past month that at any time during his incarceration.” One new article about Maroon was published by Solitary Watch and co-authored by Kanya D’Almeida and Bret Grote, who is also interviewed below. D’Almeida and Grote write that maroon’s “only time in the general prison population in the last 30 years was an 18-month stint spent at the federal penitentiary at Leavenworth that ended in 1991.” Furthermore, they note that Maroon has had only one violation since 1989 and “his most recent violation was in 1999, when he covered a vent in his cell that was blowing cold air in an attempt to stay warm.”
Underscoring their argument that Maroon’s confinement is politically motivated, they write that “in 1982 he was released into the general prison population at the State Correctional Institution (SCI) Pittsburgh. Upon return to the general population Maroon became involved with the Pennsylvania Association of Lifers (PAL), a prison-approved organization that was supposed to further the interests of life-sentenced prisoners… Maroon’s reputation and the respect other prisoners had for him led to a dramatic increase in participation in the PAL. More than 100 prisoners would attend meetings in the early part of 1983. On the night that the old leadership was impeached and Maroon appointed interim president pending new elections, he and other new leaders of the PAL were placed in solitary confinement. The others were eventually released from solitary. Maroon remains in isolation to this day.”
Other recent media coverage includes a new interview with Maroon, published by New Clear Vision, and conducted by Vanderbilt University Philosophy Professor Lisa Guenther. “Ironically,” Maroon writes in the interview, “the segment of the population that presently has the most potential to effect change in the PIC is those who usually have no direct — bodily — connection to this system. That is the taxpayers among the ninety nine percent. Without their massive yearly outlays of billions in taxes (taxes they’ve been bamboozled into believing serve a good purpose, but instead serve [to] keep active a police state machine) the whole house of cards would collapse!”
Last month, in part one of our report on Russell ‘Maroon’ Shoatz, we interviewed activist Matt Meyer and Maroon’s daughter, Theresa Shoatz. Here in part two, we interview activist Bret Grote and Maroon’s lawyer Dan Kovalik, taking a closer look at the lawsuit filed on May 8, the broader use of litigation to confront human rights abuses in US prisons, and the political economy of what Grote identifies as the ‘imperial police state.’
Daniel Kovalik is a labor and human rights lawyer living in Pittsburgh. He was counsel for Maroon in his first federal case challenging his solitary confinement.
Bret Grote is an organizer with the Human Rights Coalition, the Executive Director of the newly founded Abolitionist Law Center, and a member of the legal team for Russell Maroon Shoatz.
Angola 3 News:  An April 15 update reported on Maroon’s transfer from SCI-Greene to SCI-Mahanoy and accompanying statements from Secretary Wetzel that he was moved for the purpose of eventually being transferred into general population, where he will then, among other things, be able to physically embrace family and friends during visits. Have there been any more developments since the April 15 update?
Dan Kovalik:  Yes, on May 2, Maroon was told that he would be released to general population within 90 days of his coming to SCI-Mahanoy, which was March 29. Therefore, if all goes well, and with continued pressure, Maroon could be in the general population by July.
A3N:   At this point, following the 30-day campaign, how can our readers most effectively offer their support?
DK:     We believe that continued calls and letter writing to Secretary Wetzel, as well as letters to the editors of local Pennsylvania newspapers could help to ensure that Maroon is finally released into the general population.
A3N:   How have authorities officially justified keeping Maroon in solitary confinement all these years?
DK:     To the extent that officials have given clear justifications for Maroon’s solitary confinement, they have continued to claim that he is somehow an “escape risk” in light of his having escaped from prison as a much younger man three decades ago.
This claim is ludicrous on a number of levels. First, Maroon, on the eve of 70 years old, is not in any physical condition to escape from any prison.
Moreover, Maroon does not have the will to escape through extra-legal means, as he did before. At this point, he wants to struggle for his liberation through legal and legislative means. In the meantime, he wants to be able to have human contact with others, especially his family members, as everyone has the right to do.
A3N:   What are the arguments made in the lawsuit filed on May 8?
DK:     This litigation involves a lawsuit in federal court against the prison authorities alleging that Maroon’s long-term solitary confinement violates both international and domestic norms against “cruel and unusual punishment” as that term is used in the Eighth Amendment to the US Constitution.
We will also allege that his confinement violates his right not to be deprived of a significant liberty interest without due process – a right enshrined in the Fourteenth Amendment of the US Constitution.
A3N:   How can this international pressure influence a country as powerful as the US, who has been openly violating international law for decades by repeatedly invading other nations without UN sanction, including the recent case of Iraq?
DK:     The US, while certainly powerful, has at times proven itself susceptible to the demands of world opinion.
One notable example, which I think few realize, is the US’ relationship with Latin America. It was not long ago that the U.S. would send in the Marines to overthrow populist governments that it opposed (for example, in the Dominican Republic in 1965), or launch airstrikes against non-compliant states (for example, against Panama in 1989 in which the US killed 4,000 civilians in a working class neighborhood).
Because of mass protest in the US against such conduct, and because of resistance in the countries of Latin America, such overtly violent means of regime change appear off the table. I think that we collectively have more power that we sometimes give ourselves credit for.
A3N:   Has this type of legal action been helpful in the past in to improve conditions for prisoners?
Bret Grote:    Yes. For example, in federal courts in Wisconsin and California, litigation has been successful in challenging solitary confinement of those with mental illness or developmental disabilities. In December, a federal court in Indiana came to the same conclusion in a class action brought on behalf of the mentally ill in that state’s solitary units.
A strong ruling out of a Texas district court found conditions in solitary units to be unconstitutional due to the units’ “extreme deprivations which cause profound and obvious psychological pain and suffering. Texas’ administrative segregation units are virtual incubators of psychoses-seeding illness in otherwise healthy inmates and exacerbating illness in those already suffering from mental infirmities.”
Other courts have held that procedural due process deprivations that place prisoners in solitary without hearings or meaningful reviews, is unconstitutional. This led to a significant reduction in Ohio State Penitentiary’s supermax population, to such an extent that prison officials reduced the security classification in order to keep the beds filled.
In the case of the Angola 3 in Louisiana, the federal district court found it obvious that 30 years or more of solitary confinement implicated the Eight Amendment, and the case was ordered to go to trial. That was 6 years ago, however, and there has yet to be a trial.
In all of these cases, it should be noted that even when prisoners were ordered relief by the courts, prison officials have typically found ways to keep these cells filled, whether through the application of superficial mental health treatment procedures or by lowering the criteria for placement in isolation. This is attributable to several factors, primary among them the lack of political power of poor and working class people in this country, and the judiciary’s infamous complicity in enabling state violence against oppressed communities.
A3N:   You co-wrote, with Kanya D’Almeida, an August 10, 2012 Al Jazeera News article entitled Solitary Confinement: Torture Chambers for Black Revolutionaries.While the story begins with a look at Maroon’s case, it then looks at the Angola 3 case, last year’s Senate hearings on solitary in US prisons, and beyond. While Torture Chambers argues that the topics of “race and revolution” have been mostly left out of recent mainstream critiques of solitary in US prisons, it does recognize the relative significance of these conversations actually making their way beyond the smaller group of anti-prison activists that have been fighting solitary for decades.
Just how significant were last June’s Senate hearings and the growing anti-solitary movement in the US?
BG:     The hearings definitely helped in raising the profile of this issue, as the so-called ‘free press’ usually refrains from covering prison or human rights issues until a court filing or legislative hearing serves as their permission slip to acknowledge the issue.
While the increased attention is welcome, no serious person can count on the US government to meaningfully address the issue in the absence of a powerful and growing grassroots movement that is part of a broader challenge to the imperial prison state.
We should caution against hoping for salvation from powerful figures in powerful institutions, and instead concentrate on building organizational depth and capacity based on a coherent understanding of why the U.S. ruling class has become dependent on prisons and solitary to control, stigmatize, disenfranchise, destabilize, and otherwise neutralize poor communities and communities of color.
A3N:   What role have the nation-wide prisoner hunger strikes of the last few years played in developing today’s anti-solitary movement? More broadly, what role have prisoners themselves had in building the movement and contributing to public discussions about the dismal state of human rights in US prisons that solitary abuses are symptomatic of?
BG:     The importance of the hunger strikes, in particular the two that originated in the Pelican Bay control units, cannot be overestimated. It is unlikely that there would have been any senate hearings without that courageous, disciplined, and principled act of non-violent resistance to torture. That act propelled the issue of torture in U.S. prisons to a level of visibility and outrage never before seen in the last 30 years, and has galvanized countless people across the country inside and outside the walls.
Any reform or abolitionist movement in relation to solitary confinement, or prisons more broadly, that does not take its vision and leadership from current and formerly imprisoned people does not stand much of a chance of achieving anything more than superficial reforms.
The irrepressible will to dignity and to remain human in the teeth of terrifying and grim odds by those inside the walls is the fire and inspiration that keeps the rest of us going. Without that, this movement is lost. With it we can, and must, dream bigger dreams and work tirelessly to abolish this monstrous prison state.
A3N:   As African American leader Malcolm X was developing his internationalist and anti-capitalist politics in the months leading up to his February, 1965 assassination, he spoke about the need to shift from a focus on ‘civil rights’ to one of ‘human rights.’ He announced further that he would be seeking assistance from the United Nations to rectify the human rights abuses being committed by the US government against the African American community.
At its best, how can pressure from the international community help to rectify human rights abuses carried out by governments? What are some recent examples of the international community doing this about solitary confinement and other human rights violations in US prisons?
BG:     Pressure from the international community is an effective and necessary tool for movements that aim to enforce human rights law on the US government, which is always an uphill battle.
The best recent example of meaningful international support for those of us fighting the federal and state governments’ administrative use of torture in prisons and jails is the report by UN Special Rapporteur JuanMendez, who concludes that longer than 15 days in solitary confinement should be considered a violation of the Convention Against Torture. This report is concise and illuminating, and an important tool for prisoners and their advocates.
Furthermore, we need to collaborate with popular movements outside the US, and to research how other countries deal with problems of drug use and violence without burying people in concentration camps.
Ultimately, however, the people of the U.S. need to rise up and fight back against the imperial prison state, which is also an imperial torture state, decimating minds, bodies, and souls throughout the country on a daily basis.
A3N:   Anything else to add for the interview?
BG and DK:  We should always remember that torture is a crime against humanity, and a government that engages in it on such a widespread basis loses its claims to legitimacy.
Of course, recognizing this is but a small part of the solution, as it will take mass organizing across many political fronts to meaningfully redress the worsening political, economic, and ecological crises that define our reality in this country.
We must organize, organize, and organize some more.
–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Why Russell ‘Maroon’ Shoatz Must Be Released From Solitary Confinement –An interview with Theresa Shoatz and Matt Meyer

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Take action by telling Secretary Wetzel that you want Russell ‘Maroon’ Shoatz to be immediately removed from solitary confinement!

Why Russell ‘Maroon’ Shoatz Must Be Released From Solitary Confinement
–An interview with Theresa Shoatz and Matt Meyer
By Angola 3 News
This month, a 30-day action campaignwas launched demanding the release of Russell ‘Maroon’ Shoatz from solitary confinement, where he has been held for over 23 consecutive years, and 28 of the last 30 years, in Pennsylvania prisons. On April 8, when the campaign began, Maroon’s legal team sent a letter to the Pennsylvania Department of Corrections (PA DOC), demanding his release from solitary confinement and promising litigation against the PA DOC if he is not transferred to general population by May 8.
The action campaign describes Maroon as “a former leader of the Black Panthers and the Black freedom movement, born in Philadelphia in 1943 and originally imprisoned in January 1972 for actions relating to his political involvement. With an extraordinary thirty-plus years spent in solitary confinement…Maroon’s case is one of the most shocking examples of U.S. torture of political prisoners, and one of the most egregious examples of human rights violations regarding prison conditions anywhere in the world. His ‘Maroon’ nickname is, in part, due to his continued resistance—which twice led him to escape confinement; it is also based on his continued clear analysis, including recent writings on ecology and matriarchy.”
Writing that Maroon “has not had a serious rule violation for more than two decades,” the campaign argues that he has actually been “targeted because of his work as an educator and because of his political ideas; his time in solitary began just after he was elected president of an officially-sanctioned prison-based support group. This targeting is in violation of his basic human and constitutional rights.”
On March 28, just before the campaign was launched, Maroon was transferred from SCI-Greene to SCI-Mahanoy  An update released by the campaign on April 15 reported that Maroon had been told by officials at SCI-Mahanoy that he had been transferred there with intent to move him into general population. Responding to the news, campaign co-coordinator Matt Meyer (also interviewed below) said: “We are encouraged by the words of the officials at Mahanoy, but we cannot rest until those words are followed by deeds: by the ultimate action which will end the current torture of Maroon.” Bret Grote, from the Pittsburgh Human Rights Coalition, who is himself a longtime legal and political supporter of Shoatz, added that, “while we are pleased that some of the concerns raised by the demand letter have been met,” including Maroon’s “access to his anti-embolism stockings and to a typewriter, we remain concerned that the timeline for release from solitary has been left vague.”
The April 15 update also reports that “the assistants at the office of PA DOC Secretary John Wetzel have confirmed that the Secretary personally ordered Maroon’s recent transfer from SCI Greene to SCI Mahanoy for the purpose of placing him in the general prison population. In conversations with some of the many people who have called in to the DOC central office on the first week of the 30-day pressure campaign, DOC personnel have suggested that Maroon supporters be patient as the process to get him into general population work its course. But Maroon and his family have been misled in the past about these issues.” While the campaign began by asking supporters to contact both Secretary Wetzel and SCI Mahanoy Supt. John Kerestes, it is now asking supporters to just focus on Secretary Wetzel, since he is the “ultimate decision-maker.”
This month also marked the release of the new book, entitled Maroon the Implacable: The Collected Writings of Russell Maroon Shoatz (PM Press), co-edited by Fred Ho and Quincy Saul, with a foreword by Chuck D. The collected essays examine a wide range of topics that are perhaps most striking for their honest self-criticism and for his commitment to confronting male supremacy and misogyny in all its forms. For example, in one essay entitled, “The Question of Violence,” after Maroon criticizes “the worldwide misogynist ‘gangsta’ genre of the hip hop culture” for being “a male, macho parody of exhibitionist violence,” Maroon writes:
“More troubling is the fact that this male exhibitionist violence has also permeated the minds, practices, and circles of otherwise brilliant and well-meaning revolutionary thinkers. Such theorists as the renowned Frantz Fanon, icons like Malcolm X and Kwane Ture (formerly Stokely Carmichael) and others have unconsciously conflated the necessary utilization of defensive revolutionary violence, in seeking meaningful revolutionary socioeconomic and cultural change, with what they believed was a need for males to use ‘revolutionary violence’ to also ‘liberate their minds and spirits’ from the subservience imposed on them by the vestiges of slavery and the colonialism /neocolonialism of their times. These individuals failed to recognize that their ‘revolutionary’ worldview would still leave in place the entire male-supremacist /patriarchal framework, an edifice that we can term the ‘father of oppression.’ The destruction of this edifice will signal the true liberation they sought. Otherwise, the ‘revolutionary violence’ they formulated must also be recognized for what it is: exhibitionist, ego-based male violence.”
Featured below is our interview with Theresa Shoatz and Matt Meyer. Theresa Shoatz is the daughter of Russell ‘Maroon’ Shoatz. Theresa has worked for decades as a public advocate for her father and through the Human Rights Coalition, she fights for all prisoners in Pennsylvania and beyond. This month, Theresa has been traveling around the US as part of a book tour promoting Maroon the Implacable, and this week she is in the SF Bay Area.
Matt Meyer, a native New York City-based educator, activist, and author, is the War Resisters International Africa Support Network Coordinator, and a United Nations/ECOSOC representative of the International Peace Research Association. Now the co-coordinator of the Campaign to Free Russell Maroon Shoatz, Meyer also has a long history in solidarity with the people of Puerto Rico. In 2009, Meyer edited Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners (PM Press), and in 2012, co-edited another book entitled, We Have Not Been Moved: Resisting Racism and Militarism in 21st Century America (PM Press).

Please keep an eye out for part two our report on the 30-day action campaign, which will further examine the legality of Maroon’s placement in solitary confinement and take a closer look at his recently published book, Maroon the Implacable. In the meantime, you can stay updated on the campaign for his release from solitary here. Below is a video interview with Theresa Shoatz, released by Solitary Watch in 2011.


Angola 3 News:         Political prisoners are often seen as symbolic of what is wrong with the US government, but we don’t usually hear about the actual person and how their imprisonment has affected their families. As fellow Pennsylvania political prisoner Mumia Abu-Jamal has commented, “I am a man, not a symbol.” To begin our interview, can you please describe your father, Maroon, for us, so we can better understand who he is as a person?
Theresa Shoatz:         Honestly, I can only define part of the man that Maroon is because I only know the man from which I engage with from behind the bullet proof glass. He is the man who pleads with me to save his life when he is not getting proper medical attention, and to fight for him when his living conditions are unbearable and his grievances aren’t addressed.
However, there’s so much more to Maroon. He loves his people. It’s what’s keeps him going. His wisdom protects our family. Even while in solitary confinement today, he is still putting others first by denying any support for his freedom until his comrades are freed throughout the United States.
Maroon is extremely concerned with issues affecting single mothers and their children. He is drafting ways to not only put food on the table, but also to grow and prepare meals for the community. He’s the man. Even when he’s in no position to help, he connects to the outside with his attempts to heal the Black communities.
A3N:   How old were you when he was first forced underground?
TS:      I was about nine years of age when my dad was forced underground.
A3N:   What do you remember about Maroon from your early childhood?
TS:      My sister and I lived with him until I was five years old. I remember that back when my sister and I were only three and four years old, there was a black board hanging in the living room. Every morning, Daddy used that black board to teach us political education alongside physical education classes. Man, I love and miss those classes.
Daddy was cultivating young minds. With anything he did, I was right behind him. He was preparing us to be future leaders, but this preparation was halted when at the age five we were separated, and I stopped living with him.
A3N:   What has your relationship with Maroon has been like as you’ve grown older?
Ever since the age of nine, I have honored and admired my Dad. Today, he is still my hero. Maroon is a leader, educator, and father to many young black males behind bars. At his core, he is about peace and love for his people.
As Maroon approaches 70 years of age, he’s a grandfather of ten. Since I can remember, he has tried to educate his biological children from behind bars. I can remember a prison contact visit from some thirty years ago, when I sat on my dad’s lap, comparing our physical similarities, and him using the opportunity to update me on present-day issues.
After those few years of contact visits, I grew into womanhood and was forced to visit him from behind a thick bullet-proof glass. During one of our visits, I pointed this out, and through the thick glass while chained at the wrist and ankles, he said: “I had to step away from my family to protect my family and my community. I stepped away to secure a better future for you and the youth coming behind me. I couldn’t allow you to be brutalized like those who came before and will come after you. I stepped away from my family for the love of my people.”
A3N:   How did that visit influence you?
TS:      Wow! That was so powerful. It hit me like a ton of bricks. Ever since that visit with Maroon, I’ve been motivated by the love of my people to do everything in my power to help us move forward, including my work with the Human Rights Coalition (HRC) in Philadelphia, and the HRC FedUp! chapter in Pittsburgh, which Maroon started from behind bars.
I am also the Director of a free after-school program for youth with a loved one in prison.  Last year, I became a foster parent and I have since fostered eight kids in my home, caring for two seventeen-year-old teenagers, a thirteen-year-old, a three-month-old, a two-year-old, a six-year-old, a four-day-old, and a pregnant teen. This is all for the love of my people.
Some think I’m crazy, but they’re crazier than I am when they pretend not to see how so many youth in our community are lost and headed towards the prison system. If they pretend not to see what the system is doing to our youth, shame on them. I love my people. I’m just like my daddy Maroon–it’s in my blood.

(PHOTO: Theresa Shoatz at a protest for Mumia Abu-Jamal in Philadelphia on July 4, 2008, outside the Constitution Center, across the street from Independence Hall and the Liberty Bell.)

A3N:   A key feature of your father’s being held in solitary confinement at, until recently, SCI Greene, a supermax prison, is to not allow contact visits with family and friends. If Maroon is transferred to general population, he will then be able to have contact visits once again. How long has it been since you had a contact visit with him?
TS:      It’s been almost thirty years since I’ve been able to touch my father.
A3N:   How has this aspect of his imprisonment affected you personally?
TS:      It is extremely painful and mentally challenging. I am still that little girl who craves hugs, and reassurance from her daddy.
A3N:   How has the policy of no contacted visits affected the rest of your family?
TS:      The no-contact visits cause stress, leading to emotional and physical breakdowns.  The fear this creates often paralyzes family members, and is so debilitating that it prevents some from visiting him.
A3N:   What is a no-contact visit with him like?
To reach the solitary no-contact visiting room, there’s a tunnel spanning two city blocks, and a barbed-wired fence surrounds this ‘prison inside of a prison.’ The visiting room is cold and 99 percent of the time there are no other family members visiting prisoners.
It is mind blowing to think of this 69-year-old man with both ankles shackled, both wrists shackled, all attached by a chained waist belt. This contraption forces him to walk hunched over, and appear older than his real age.
A3N:   To underscore the importance of the new campaign to have Maroon transferred to general population, how significant will it be, if he’s transferred, to have contact visits with him after all these years?
TS:      After so many years of no-contact visits, I could really use some contact with my daddy. It’s well overdue. Contact visits would be nourishing. My soul is constantly in an uproar and the pain runs deep, yet I continue straight ahead, keeping my eye on freedom.
Outside of my daddy, there’s no man on this earth who could turn this pain around. The remedy is an end to all control units, the present day prison system, and freedom for Maroon and all my extended family: the political prisoners who stood on the front lines for our freedom.
A3N:   Thank you, Theresa, for sharing such a personal story with us.
The second part of this article now begins by interviewing longtime activist Matt Meyer. Matt, the afterword for Maroon the Implacable that you co-wrote with Nozizwe Madlala-Routledge asserts: “We believe that all people who believe in peace and nonviolence must work for justice, especially in these most grievous cases of injustice and especially at times when oppressive forces would have us distanced from colleagues and comrades such as Maroon, who are cast as ‘violent criminals’ unworthy of our support…Russell Maroon Shoatz must be freed now. His release must become a priority for all human rights activists, peace activists, pro-democracy advocates, environmentalists, anti-imperialists, students, churchgoers, and even progressive Parlimentarians.”
Building on the quote above, why is it that you are going beyond the immediate call for Maroon’s transfer to general population, and also calling for his release from prison?

Matt Meyer:   For me, the position for peace activists working in the context of restorative justice is clear: there can be no reconciliation without release. 
Nozizwe and I also say in our afterword that “we must face the truth about the uprisings of forty years ago.” As you know, Nozizwe herself was a chief negotiator in the process which ended legal apartheid in South Africa, and the two of us respect the work of Archbishop Desmond Tutu, whose commitment to truth and reconciliation has always been coupled with a commitment to ‘heal’ by working for people’s power and the rights of the most oppressed.
Here in the US, we must face the truth that the legacy of the 1960s and 1970s remain an open wound so long as key leaders such as Maroon are invisible to the majority of us, tortured in dungeons for decades upon decades.
Even one day of the type of treatment Maroon has faced would be wrong in any human rights framework that is not centered on simplistic revenge, hatred, and a cycle of murder and violence. The US criminal justice system, filled with the injustices of centuries passed–based as it is on land theft, slavery, and greed–cannot be understood as ‘democratic’ in any sense of that word so long as Maroon remains behind bars.
Aside from many questions which could be raised about the political context of the initial charges and court case against him, the length and nature of his sentence and the way it has been carried out signal grave injustices which make a mockery of any attempt to characterize US jurisprudence as fair or color-blind.
A3N:   What is the significance of Maroon’s identification of himself as a ‘prisoner of war’ (POW)? How is this different than simply identifying as a political prisoner?
MM:   The United Nations outlines the specific legal definition of the prisoner of war position, definitions which are generally accepted by most participating nation-states, including the US. This definition is rooted in history which goes back as far as 1660, when international military protocol accepted that anyone who is held in custody by an enemy power during or immediately after an armed conflict, whether combatant or non-combatant, should be classified as a POW. After World War Two, with the Geneva Convention of 1949 to which the US is a signatory, conditions were clearly outlined which require that POWs be treated humanely.
For those who lived through the tremendous upsurge of the Black liberation movement of the late 1960s, the position underscores a clear analysis of the relationship between “the Black nation” and the US empire. That relationship, simply put, is one AT WAR. Though the battles may appear to many as covert, and the military powers deeply imbalanced, the position of extreme conflict is nonetheless expressed. This includes the position taken by some people of African descent (i.e., “Black folk, New Afrikans, African-Americans, etc.) that the political status of US citizenship was never chosen by them, but rather, was imposed.
In any case, by using the international legal term ‘prisoner of war,’ the question of humane treatment and appropriate jurisdiction in a case of extreme conflict must be squarely faced.

A3N:   You edited the book Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners and co-edited We Have Not Been Moved: Resisting Racism and Militarism in 21st Century America. In your opinion how do popular movements resisting US military aggression abroad relate to movements at home seeking the release of COINTELPRO-era political prisoners & opposing the rise of the police state and mass imprisonment since COINTELPRO’s official end in the 1970s?
MM:   We must connect the dots between the military-industrial-complex and the prison- industrial-complex. We must begin with the fact that, on the one hand, the military has for too many become the job of choice in an era of vast economic depression and crisis. On the other hand, the ever-increasing rates of incarceration–where now there are more men of African descent behind bars than there were enslaved in the years leading up to the Civil War–suggest that cheap labor is being replaced by forced free labor as authorized by the 13th Amendment, which abolished slavery, except for prisoners.
We must do more than understand that an empire in decline requires ever-cheaper means of producing whatever it can still produce and an ever-stretched military to police its dwindling holdings.
We must act, in ways faithful to the vision of Dr. Martin Luther King, Jr., who called for a “true revolution” in the American practices of racism, militarism, and materialism. We must be moved to go beyond the false dichotomies of race, and the false splits of tactical difference which seek to make Martin and Malcolm into irreconcilable opposites.
We must build coalitions and united fronts against empire, ones which understand that the many US political prisoners represent not only acts of repression from past generations but reminders to current and future movements that we must never stray beyond the confines of polite protest, OR ELSE.
Freeing all US political prisoners is both a just and basic human rights demand, but it is also a necessary step in building future movements which can act with militancy, creativity, soul, and a free spirit which we need to envision the ‘beloved communities’ which will build just and peaceful tomorrows.
A3N:   How does Maroon’s case fit into this? What is the broader political significance of Maroon’s imprisonment and his contributions to radical political movements since?
MM:   One should not be reading this interview for the answer to that question. Maroon’s broader political significance, and his contributions to current movements, is well revealed through a careful reading of the essential new essay collection Maroon the Implacable.
His writings on his own reflections on the Black Panthers, on the nature of sexism and matriarchy, on the environment and the need for eco-socialism, on the Occupy movement and how to build effective new movements, go far beyond the current discourse which we find in blogs and what passes for the left press. It is a challenging course in building for lasting social change.

(PHOTO: Matt Meyer, LaKeisha Wolfe, Fred Ho and Theresa Shoatz at a Pittsburgh event for We Have Not Beeen Moved in February 2013)

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.