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Political prisoner Khalfani Malik Khaldun puts the Indiana prison system on trial

December 29, 2012

Since Dec. 13, 1994, Indiana political prisoner Khalfani Malik Khaldun (aka Leonard McQuay) has been held in control units, i.e. administrative segregation or isolation. It began when police and prison investigators manufactured a murder charge against him after a guard was stabbed and killed. Brother Khalfani is a Muslim and New Afrikan revolutionary educator who professes a strong sense of radical politics and culture.

Interview by the Campaign to Free Khalfani Malik Khaldun

Khalfani Malik Khaldun 042711
Khalfani Malik Khaldun
Campaign: How long have you been in Indiana’s prison plantation?

Khalfani Malik Khaldun: I entered the Indiana Department of Corrections in 1987, when I was a senior in high school.

Campaign: How old are you?

KMK: I was born Nov. 30, 1969. That makes me 43 years old.

Campaign: Explain to us what your life is like on the inside?

KMK: The best way to describe it is I am in prison sanctioned to indefinite solitary confinement engaged in multiple fights. One fight to regain my freedom, one fight to maintain my physical health, one fight to be released into the general population, and the last fight is to maintain my sanity – an all-day job.

Campaign: How has your activism made you a target for harassment or repression?

KMK: Being identified as a prison leader, political agitator, activist or revolutionary, we get automatically singled out as threats to others and threats to the safety and security of the prison plantations. Having been restricted from general population for so long, my influence has been reduced to small units. The idea behind all this is to destroy our ties and relationships with comrades and new youth coming in.

Campaign: Share your position on the political nature of your murder charge involving that prison guard, Phillip Curry.

KMK: On Dec. 13, 1994, the night this guard was killed at the Indiana State Prison, he was killed on the tier above where I lived. D-cell-house was where the prisoncrats housed the worst of the worst – their term, not mine. I was at that time agitating, educating and organizing the radical elements who would listen.

So when this happened, having been a thorn in the prisoncrats’ side already, they made me the responsible party that night; they were mad and wanted someone to pay. In 2001, they made me pay by finding me guilty and giving me a fresh 60-year hit.

One of the jurors who found me guilty, Juror No. 12, came forward after my trial; she regretted her actions and went to the judge. Instead of calling for a new trial and reversal of the charge, the judge told her to go home; the judge has since retired. They manufactured evidence to obtain their conviction against me.

I am in prison sanctioned to indefinite solitary confinement engaged in multiple fights. One fight to regain my freedom, one fight to maintain my physical health, one fight to be released into the general population, and the last fight is to maintain my sanity – an all-day job.

Campaign: Explain the corruption that exists inside Indiana’s criminal justice system.

KMK: Like any system of corrupt politicians and abuses of power, whoever can afford to pay a greedy lawyer to represent them here may stay out of prison. These lawyers have judges and prosecutors who will give one a pass as long as they receive a nice payoff.

Poor people get sent to prison to fulfill the schemes of the prisoncrats and political regime here; more bodies mean more money. As they say, power corrupts, but absolute power corrupts absolutely.

Indiana legislators have slashed prison funding for educating prisoners and providing meaningful rehabilitative programs, so that money would be solely for building new prisons. So they are perpetuating a system that leads to more recidivism. Not having a viable re-entry program for prisoners prior to their release ensures a return to prison: capitalism at its best and the human exploitation of prisoners.

Campaign: Why are they continuing to house you in solitary confinement after nearly two decades?

KMK: The executive body of the Indiana Department of Corrections launched its political war against me in 1994, the night they lost one of their own. Being the only person accused, then later charged and convicted for this murder, to them Khalfani Malik Khaldun is Indiana’s public enemy number one; so they have condemned me to a prison existence in solitary confinement.

This goes beyond my sentence of 60 years. The courts did not say serve out this term in administrative segregation. The Indiana Department of Corrections wants payback, so in retaliation they want me suffering to the point of psychological incapacitation. They want me an old grey-hair grey-beard and no longer imposing a potential threat.

I am currently “conduct clear” for eight years, and I have completed the following programs: Substance Abuse; Stress Management; Anger Management; Commitment to Change; Prison-Life Skills; Parenting; Cage Your Rage; Rage, Recidivism and Recovery; Prison-Life Skills No. 2; Houses of Healing; Bridging the Gap; and Inside-Outside Dads.

I have been eligible for release to general population for years now. Their justification for not releasing me is they say I killed their officer, and nobody is comfortable with signing off on my release from solitary confinement.

Campaign: Why is it so important to build a networking support base on the outside of prison?

KMK: For the revolutionary, political prisoner, jailhouse lawyer, prison activist, outside resources and support is crucial. The prisoncrats isolate us to control our movements and neutralize our influence on other convicts.

Having a network of loyal people who have your best interests in mind helps to keep the public informed. These supporters can be family members, friends or anyone doing prisoner support work. They can help us expose whatever ill treatment we go through. When the prisoncrats know you have people who genuinely love and care about you, they’re less likely to openly mess you around.

Campaign: Explain how the Indiana Department of Corrections utilizes control units and why?

KMK: In the early 1980s, Indiana experienced several prison riots as a result of racism and brutality by guards on militant aspiring revolutionaries and lumpen proletariat prisoners, forcing prisoners to take a stand to defend themselves. Indiana prisoncrats learned some lessons from these insurrections – and one lesson was that there was a threat to the Indiana Department of Corrections posed by politically-unified convicts.

Indiana prisoncrats lobbied for funds to build two solitary confinement units here in response to the rebellion of militancy from convicts willing to sacrifice for change. In 1991, the Indiana Supermax was built, a control unit meant to be a tool of social control of the state’s most violent prisoners. In 1993, the prisoncrats built the Secured Housing Unit (SHU), a unit styled after the SHU at Pelican Bay State Prison.

Both units were meant to cut the prisoners off from normal prison relations, while helping to keep the prisoners in the general population sort of in check. No one wants to spend unlimited years in Administrative Segregation, or solitary confinement.

The fear of being held in these units creates snitches who will tell prisoncrats whatever to stay in population. You may read about these units by going to the Human Rights Watch report, “Cold Storage: Super-Maximum Security Confinement in Indiana.” Amnesty International just released a 68-page report called “The Edge of Endurance,” exposing solitary confinement in California.

Campaign: How important is it to stay in touch with your loved ones?

KMK: Doing time is like having cannibals eat away at your flesh day by day. Family love and their help to assist us in maintaining are paramount. I am a conscious, self-educated New Afrikan (Black) man who loves myself and those who love me. That connection helps to keep me determined, motivated and hopeful in times of sadness and loss of loved ones.

Since 1997, I have lost my mother, two brothers, an uncle and two cousins. I am fighting for my life, unable to cry, mourn or be a comfort to my family. Since 1994, my loved ones have been harassed, intimidated, threatened and discouraged by prisoncrats to not visit or write me at times. I have not had a contact visit since 2000. We continue to persevere through it all – because it is necessary.

Campaign: How do you work to maintain your health both mentally and physically?

KMK: For years I have maintained a consistent physical exercise routine and a healthy study habit of reading quality books and magazines. I don’t eat pork, and that’s been since 1987. I stopped eating red meat for 15 years; I recently started back eating it. Exercise and study has kept me active and healthy for many years.

One realistic fact that I want to share is no one leaves these experiences the same as they were when they came in. I am scarred by anxiety, depression, paranoia and hypertension as a result of being in long term isolation so many years.

I have made a conscious effort to humble myself and be less reactionary in emotional situations. This way these prisoncrats won’t have any ammunition to use to justify keeping me in solitary confinement. As long as I am living, I’m going to keep on fighting.

Campaign: How long did they keep you on the SCU – Special Confinement Unit?

KMK: Prisoncrats sent me to the SCU unit way in January 2003, and I spent 10 years in that windowless torture chamber. For the most part, that is one of Indiana’s most racist prisons, and the staff are 98 percent all-white with this philosophy of Southern racism.

That was the worst 10 years of my 26 years in prison. Altogether now I have 18 years straight in units of solitary confinement. They have tried to break my will to be defiant and destroy my mental faculties. Allah has guided me out of each storm. Allah-u-Akbar.

Campaign: What do you think prompted the prisoncrats to finally transfer you out on April 18, 2012?

KMK: A variety of reasons, but one in particular is my constant pursuits in civil court. On April 4, 2012, I filed with the court a motion for an immediate permanent injunctive relief judgment and a memorandum of law requesting the court to order the Indiana Department of Corrections to release me to general population. These prisoncrats moved me 14 days later to Pendleton Correctional Facility.

This in my opinion was done to get me out of their custody so I wouldn’t be a problem any longer. I had been challenging my department-wide solitary confinement status for years. The classification supervisor and superintendent also refused to release me in 2010, when I had completed a program serving as re-entry back to population. That ACT Program is an incentive for release. They released my entire class but not me.

Pendleton Correctional Facility, Indiana
Indiana’s Pendleton Correctional Facility was built in 1923.
Campaign: What are the conditions like at Pendleton Correctional Facility?

KMK: The transfer on April 18, 2012, out of the SCU to Pendleton did not land me in general population. Right now the general population is run like a concentration camp with fences and cameras everywhere; the whole prison is “controlled movement.”

The prisoncrats placed me on DWAS, Department-Wide Administrative Segregation. Inside G-cell-house, where all the potential threats and alleged troublemakers are housed, D-block is where all disciplinary segregation prisoners are housed. Also, C-block, where I am held, houses prisoners on Facility Administrative Segregation and prisoners on DWAS, Department-Wide Administrative Segregation, the status I am on.

DWAS are all single-man cells, with recreation one hour a day and 23 hours locked in a cell. We get recreation on Monday, Wednesday, Friday, Saturday and Sundays, showering only on Monday, Wednesday and Fridays. The only interaction we get is during recreation outside when we’re in the dog-run individual cages.

Campaign: Since your arrival at Pendleton, have any officials discussed with you your possible release from that status?

KMK: The prisoncrats are seriously playing games. Superintendent Keith Butts, who recently retired, sent me a letter claiming he would set up a plan to consider my release from DWAS status, but it was all a smokescreen to get me to ease up on my demands to be treated like the rest of these prisoners who are being released. They are picking and choosing and playing prison politics with our lives.

The current regime in the commissioner’s office at the Indiana Department of Corrections are not willing to give me a chance to prove them wrong. That is, if they released me and I transitioned without incident, they will not be able to say “That’s the bad guy” no more. There is no legitimate justification for my still being held captive in these units.

Campaign: How can people outside that are interested in helping you join the campaign to help free you? How can you benefit from their support?

KMK: Having been in prison since 1987, I have had the misfortune to lose family, friends; and my ties to relationships I’ve had with my female companions I have had to rebuild, which hasn’t been easy, then establish an extended family.

Right now, I need someone who is computer-savvy who can network with organizations to encourage them to take on my case. I need a website on Facebook that solely covers my entire case, and we need a law firm that assists political prisoners that is activist-conscious. We also need someone qualified and good with fundraising.

My success with Indiana lawyers haven’t been great. They seem to be afraid to go up against the Indiana Department of Corrections and the lawyers from the Indiana Attorney General’s Office. We must find a lawyer out of state who can practice in the state of Indiana.

Those wanting to join this campaign to assist me in my freedom, please write me directly and we’ll go from there; honestly, we need all the willing working bodies we can get on this campaign.

Right now, I need someone who is computer-savvy who can network with organizations to encourage them to take on my case. I need a website on Facebook that solely covers my entire case, and we need a law firm that assists political prisoners that is activist-conscious. We also need someone qualified and good with fundraising.

Campaign: How is your civil and criminal fight coming along in the politics of the Indiana Court System?

KMK: On Jan. 11, 2013, I have a hearing on my civil law suit challenging my continued confinement by the Indiana Department of Corrections. I filed several motions pro se that will be covering primarily my request for the court to order my release to general population.

My criminal murder case is currently at a standstill, and my initial post-conviction appeal was denied, because the Public Defender’s Office gave me an attorney who felt I was guilty and I should do my time. He messed my case up.

I am preparing a successive post-conviction relief petition. My rights are being violated civilly and criminally, and I will never relent nor lose my self-determination to fight.

Campaign: Any final words you want to share with the public and the revolutionary community?

KMK: I can honestly say that Indiana as far as prisoners abandoning their criminal mentalities and transforming to political consciousness goes, our “think tanks,” we’re very aggressive in producing politically-active prisoners, but we seem to have lost our momentum somewhere.

Prisoners are still studying and having individual dialogues, and I think prisoners, in an attempt to avoid being captured and held for 10-20 years in solitary confinement, are becoming less vocal and active. My having been held for the past 18 years is their prime example of where they don’t want to be.

To me, life is not easy, never has been, and to struggle means to reject being the victim. One who struggles is a rejuvenated fighter life-long. We are organized, prepared and multi-talented. To struggle is to understand complexity and to pick one’s own battles. There cannot be fruitful progress without a real struggle. I am not broken by my adversity, but I am experiencing psychological fatigue. A luta continua.

Send our brother some love and light: Khalfani Malik Khaldun (Leonard McQuay), 874304, Pendleton Correctional Facility, GCH 17/2C, 4490 W. Reformatory Road, Pendleton, IN 46064.

 

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