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Sacramento hearing exposes CDCR’s hidden agenda

March 5, 2013

by Denise Mewbourne

Almost two years later, the ripple effect of the 2011 hunger strike organized by the Short Corridor Collective in Pelican Bay prison continues to reverberate throughout California. In protest of solitary confinement torture in California’s Security Housing Units (SHUs), 12,000 people in prisons throughout the state participated in the hunger strike.

Assembly hearing on SHUs Daletha Hayden speaks at rally 022513 by Denise Mewbourne, web
At the rally outside the Capitol in Sacramento before the Assembly Public Safety Committee’s hearing on solitary confinement Feb. 25, Daletha Hayden, one of many prisoners’ loved ones who came, spoke passionately about her son in the Tehachapi SHU. He has not been able to see or touch his 15-year-old son since he was 3. “This is painful, and it tears families apart,” she said. “We have to fight so our loved ones can be treated as well as animals! My son needs medical treatment, and SHU officials refuse for him to have it.” – Photo: Denise Mewbourne
California currently holds 12,000 people in some form of isolation and around 4,000 in long-term solitary confinement. Around 100 people have spent 20 years or more in these hellholes, including many who are activists against prison abuses, political thinkers and jailhouse lawyers. People imprisoned in the SHU have described it as “soul-crushing,” “hellish,” a “constant challenge to keep yourself from being broken” and “a concrete tomb.”

As a result of the strike, the first legislative hearing in Sacramento occurred in August 2011, and at the grassroots level family members of those inside formed California Families to Abolish Solitary Confinement (CFASC) to continue the work they had done during the strike. The Prisoner Hunger Strike Solidarity Coalition (PHSS) began strategizing how best to provide support well in advance of the hunger strike and continues its mission of amplifying the voices of people in the SHUs.

The strikers’ five core demands around abolishing group punishment, eliminating debriefing, ending long term solitary confinement, adequate and nutritious food, and constructive programming are still far from being met, although the California Department of Corrections and Rehabilitation (CDCR) claims to be implementing new policies on how people are sentenced to the SHU as well as how they can exit.

The hearing in Sacramento on Feb. 25, 2013, provided an opportunity for legislators in the Assembly’s Public Safety Committee to hear representatives of CDCR present their new policies and weigh the truth of their claims. The occasion also featured a report back from the Office of the Inspector General about onsite inspections conducted at Pelican Bay, as well as a panel of advocates.

Chaired by Tom Ammiano, the committee had a chance to question the panelists, and at the end there was a scant 20 minutes for public input. Attendance of grassroots activists, including family members and formerly incarcerated people, was organized by California United for a Responsible Budget (CURB). The CURB coalition focuses on reducing the number of people in prison as well as the number of prisons throughout California.

The rally

Beginning with a rally held on the capitol steps, it was an emotional day for many, especially for family members of those suffering in the SHUs and prison survivors. The voices of those in the SHU were powerfully present, both in stories told by family members as well as statements they had sent for the occasion.

Assembly hearing on SHUs rally crowd 022513 by Urszula Wislanka
Prisoners’ families and advocates turned out for a rally followed by the Assembly hearing Feb. 25. The next opportunity to persuade state lawmakers to “stop the torture” is bound to draw far more of the hundreds of thousands of prisoners’ rights supporters from around California. – Photo: Urszula Wislanka
The opening of the letter Gilbert Pacheco read from his brother Daniel in Corcoran Prison summed up the solidarity of the day: “Allow me to expend my utmost respects along with my utmost gratitude and appreciation to all of you who are out here supporting this struggle and allowing mine along with thousands of other voices to be heard! Gracias/Thank you.”

Family members from all over California spoke about loved ones who were being unjustly held for 10, 15, even 25 years or more in solitary confinement, how they were entrapped into solitary and the conditions they face. Marilyn Austin-Smith of All of Us or None, an organization working for human rights of formerly incarcerated people, read a statement from Hugo Pinell, surviving and resisting solitary confinement for 42 years.

Daletha Hayden from Victorville, Calif., spoke about her son who has been in SHU in Tehachapi for four years. He has missed 12 years of his 15-year-old son’s life, having not been able to see or touch him since he was 3. She said, “This is painful, and it tears families apart. We have to fight so our loved ones can be treated as well as animals! My son needs medical treatment, and SHU officials refuse for him to have it.”

Karen Mejia’s fiancé has been in SHU for six years. She stated that to her knowledge, the CDCR never got input from anyone imprisoned in the SHUs regarding their new policies. She went on to say that “if they followed their own policies, the SHU would be half empty, and they don’t want that because of their salaries and budget.”

Recently, they subjected her fiancé to particularly humiliating treatment. After she visited him, they punished him for being “sexually disorderly” with her. She said, “They painted his cell yellow and forced him to wear a yellow suit, which they do for sex offenders. In general population, he could have been killed for that.”

Assembly hearing on SHUs rally Sundiata Tate, Marilyn Austin-Smith reading letter from Hugo Pinell, Bato Talamantez 022513 by Azadeh Zohrabi
Marilyn Austin-Smith of All of Us or None, flanked by Sundiata Tate and Bato Talamantez of the San Quentin 6, read from a letter by Hugo Pinell, recognized internationally as a political prisoner and the only member of the San Quentin 6 still in prison – now for over 42 years in solitary confinement, most of it in the dreaded Pelican Bay SHU. His name was raised repeatedly in public testimony at the hearing. – Photo: Azadeh Zohrabi
Looking at the hypocrisy in the U.S. around torture and human rights, Dolores Canales from CFASC angrily noted that in a recent case, “All it took was a federal order to stop chimpanzees from being held in solitary confinement. It has been determined it’s detrimental to their mental and physical health, because they are social animals and have a need to see, hear and touch each other. Aren’t humans also social beings?!”

Luis “Bato” Talamantez, one of the San Quentin 6, said, “Sending your love to the people inside and helping them to stay connected and spiritually alive is the most important thing you can do with your life right now.”

The rally ended on a positive note with Luis “Bato” Talamantez, one of the San Quentin 6, saying, “Sending your love to the people inside and helping them to stay connected and spiritually alive is the most important thing you can do with your life right now.”

The crowd then filed into the hearing room, which filled up quickly, so around 40 people viewed it in an overflow area. For the next three hours, a few of the legislators, the human rights-focused panelists and the public in attendance did their best to sort through the obfuscations, omissions, misrepresentations and outright lies told by the CDCR and colleagues.

The lies from CDCR

One mistaken idea the hearing quickly cleared up was that any real oversight might come from the California Rehabilitation Oversight Board (CROB) in the Office of the Inspector General.

Speaking from CROB was Renee Hansen, who became executive director of the board in 2011, after 20 years of working for CDCR. Perhaps that explains the board’s less than thorough attempt at a real investigation of conditions in the SHUs and the glowing report she gave. When asked by Ammiano if they had conducted any surprise visits, she replied they had not.

Assembly Public Safety Committee hearing on SHUs 022513 by Sheila Pinkel, web
Every seat was filled for the California Assembly Public Safety Committee’s historic hearing on SHUs Feb. 25, and dozens more watched on TV in an overflow area. Besides the legislators in the hearing room, many more watched in their offices and said they were aghast at what they heard. – Photo: Sheila Pinkel
One of the myths the CDCR uses to justify SHUs is that they house the “worst of the worst,” and this hearing was no exception. Michael Stainer, CDCR deputy director of facility operations, testified: “The offenders in the SHU are 3 percent of the entire population. They have an inability to be integrated because of violence, and are affiliates of dangerous prison gangs. It’s necessary to isolate them to protect the other 97 percent.”

But Canales said: “My son is in there, and he has certificates in paralegal studies and civil litigation. At Corcoran he was Men’s Advisory Council representative, when one person from each ethnic group gets voted in by their peers, and others go to them for help with prison issues.” And it’s not just her son who doesn’t fit the “ultra-violent” profile. “A lot of the guys in there have all kinds of education and are helping others with legal work. Many of them have been using their time to educate themselves.”

Hansen testified they found no evidence of retaliation for the hunger strike. Yet Charles Carbone, a prisoner rights lawyer who testified on the panel, said, “Make no mistake about it: Participating in a hunger strike can get you in the SHU.”

Assemblywoman Holly Mitchell asked, “How can participation in an act of peaceful civil disobedience like a hunger strike be construed as gang activity?” Ominously, Kelly Harrington, associate director of high security transitional programming (STP) for CDCR, said, “Hunger strikes can be viewed as violating institutional security.”

Marilyn McMahon with California Prison Focus reports letters from people in SHUs about food quality going down and portion sizes shrinking, especially after the administration heard of the potential resumption this summer of the hunger strike. “I suspect,” she said, “they are trying to prevent a hunger strike by starving the men beforehand. It’s another example of the outrageous behavior that happens when there’s no oversight of how prisoners are treated – no media access, no unannounced inspections, just CDCR staff monitoring themselves.”

Assembly Public Safety Committee hearing on SHUs panel, legislators 022513 by Sheila Pinkel, web
Assembly Public Safety Committee members Nancy Skinner, Holly Mitchell and Reggie Jones-Sawyer listen to Charles Carbone, Laura Magnani and Irene Huerta (Marie Levin, also on the panel, is out of view) on the prisoners’ advocates panel. Assemblywoman Mitchell’s understanding of the prisoners’ situation and tough questions for CDCR were a highlight of the hearing. – Photo: Sheila Pinkel
In another bold mockery, CDCR claimed their new policies include substantial changes in the process of “gang validations,” the categorizing of people as “gang members or associates,” resulting in SHU placement for indeterminate sentences. In the past, the validation process has been based on points given for tattoos, possession of books or articles the CDCR deems gang-related, having your name on a roster, and/or the confidential evidence of a “debriefer,” another desperate soul who has identified you as a gang member to get out of the SHU himself. Three points is enough to send you to the SHU. According to many reports from SHUs around the state, it often happens that people get sent to there for things that are purely associational and in complete lack of any actual criminal behavior.

In point of fact, items given points toward validated gang status are often related to cultural identity and/or political beliefs. Some examples are books by George Jackson or Malcolm X, Black Panther Party books or articles, materials about Black August commemorations, the Mexican flag, the eagle of the United Farm Workers, articles on Black liberation, political cartoons critical of the prisons, Kwanzaa cards and Puerto Rican flags, just to name a few.

The CDCR gave a list of their own officials when asked who was doing the gang classifications, and Ammiano noted they were all internal to CDCR, with no independent verification. Family members at the rally spoke of many unfair instances of gang validation points given to their family members. Irene Huerta’s husband was validated for a “gang memo” that was never found!

Carbone confirmed in his testimony that there was no real change in the source items given points, that still only one of your point items even needs to be recent and the other two can be 20 years old, and that “the new program actually expands rather than restricts who can be validated, by the addition of two categories. Initially we just had gang ‘members’ and ‘associates,’ but now we also have ‘suspects’ and ‘to be monitored.’” He went on to say “only the CDCR could call expansion reform.”

Charles Carbone, a prisoner rights lawyer who testified on the panel, said, “Make no mistake about it: Participating in a hunger strike can get you in the SHU.”

As Pacheco says from Corcoran Prison: “This validation process is not about evidence gathering that contains facts. It’s hearsay, corruption and punishment to the point of execution. It’s close to impossible to beat these false accusations on appeal. They know how to block every avenue. In other words, there is no pretense that rights are respected. Shackled and chained we remain.”

The centerpiece of the CDCRs deceptive “reform” is the “Step Down Program,” in theory a phased program for people to get out of the SHU. The program would take four years to complete, although they said it could potentially be done in three. It involves journaling, self-reflection and, in years three and four, small group therapies.

In a statement issued for the event by the NARN (New Afrikan Revolutionary Nation) Collective Think Tank or NCTT at Corcoran SHU, the writers roundly condemned the program, saying that CDCR “has, in true Orwellian fashion, introduced a mandatory behavior modification and brainwashing process in the proposed step down program.” Abdul Shakur, who is at Pelican Bay and has been in solitary confinement for 30 years, calls it the “equivalent to scripting the demise of our humanity” in his article “Sensory Deprivation: An Unnatural Death.”

Assembly hearing on SHUs Marie Levin, Irene Huerta 022513 by Becky Padi-Garcia, web
The passionate testimony of Marie Levin and Irene Huerta will help bring an end to the torturous entombment of their loved ones in the Pelican Bay SHU. – Photo: Becky Padi-Garcia
At the hearing, Laura Magnani from the American Friends Service Committee strongly agreed. Magnani pointed out that only in the third and fourth year does very limited social interaction start to happen, that having contact with one’s family continuing to be seen as a privilege instead of a right is fundamentally wrong and that the curricula itself is “blame and shame” based, an approach proven to be damaging. To add insult to injury, she said that what you write in the notebooks can be used against you.

Marie Levin with the Pelican Bay Hunger Strike Solidarity Coalition spoke about her brother Sitawa N. Jamaa at Pelican Bay, a New Afrikan Short Corridor Collective representative and a political thinker. He told her his concerns about the step down program: “The workbooks are demeaning and inappropriate. No one with a gang label will be reviewed for two years of the program, and no phone calls for two more years is far too long.” He’s concerned about CDCR evaluative power over journals, fearing they won’t allow progression if they don’t like the answers, or that they will accuse people of insincerity.

Sundiata Tate, one of the San Quentin 6 and a member of All of Us or None, said: “In terms of CDC, it seems like they’re trying to put a cover on what they’re actually doing. If you take someone who’s been in the SHU for years or even decades and say they have to go into a step down program that will take four years, that’s really just adding cruelty to cruelty. It’s actually more torture.”

In an attempt to deflect blame from the destructiveness of their own policies, Kelly Harrington, associate director for high security transitional programming, admitted that some people did not want to participate in the step down program. When asked why, he said, “We have intelligence that people are being instructed not to participate in the program by leaders.”

Canales noted that CDCR is trying to cast blame on the leaders, when in reality the program itself forces people to sign a contract agreeing to become an informant.

Assembly hearing on SHUs overflow 'room' in hallway 022513 by Dolores Canales
About 40 people who couldn’t be seated in the hearing room watched in the hallway, the closest thing the capitol could come to an “overflow” room. The activists agreed that prisoners’ families should have first priority for the hearing room. – Photo: Dolores Canales
The contract is arguably the most insidious part of the step down program. In order to complete the program, people would be forced to sign it in Step 5. It includes the stipulation that the signer become an informant on gang – or, in the new language, “security threat group” (STG) – activities, making it in effect no different at all from debriefing and putting the informant in danger of retaliation.

In the CDCR’s defense, there’s one lie they didn’t tell – that they care about people in the SHUs being able to have a supportive relationship with their family members. It’s very clear they don’t. One of the more frightening elements in this expansion disguised as reform for families with loved ones in the SHU is that the new STG classification is no longer for just inside the prisons.

Family members are wondering if they will at some point be “validated” as gang members on the streets. If that happened, they could be barred from visiting or writing to their loved ones in the SHU, even more completely isolating people in solitary confinement and cutting them off from an important source of support in case of hunger strike.

Of watching the CDCR representatives speak at the hearing, Manuel La Fontaine of All of Us or None said it was “so infuriating and very hard to watch. Honestly, it was re-traumatizing for me. Although comparisons can be dangerous, I began to imagine the feelings of a survivor of the holocaust watching the Nazi regime justify their actions.”

Jerry Elster, also of All of Us or None, said: “They pretty much showed who the worst of the worst really are. The guys inside are calling for peace and an end to hostilities between races, and the guys (at CDCR) have complete disregard for human suffering.”

Jerry Elster, also of All of Us or None, said: “They pretty much showed who the worst of the worst really are. The guys inside are calling for peace and an end to hostilities between races, and the guys (at CDCR) have complete disregard for human suffering.”

The most powerful moment of the public comment portion of the hearing came when Cynthia Machado spoke of her late brother Alex. Formerly a bright and articulate man who helped others with legal work, he was driven to suicide after years of paranoia, degrading conditions and mental deterioration. She said: “We received letters from him indicating he was afraid. He reported seeing demons. Although they knew he was allergic to peanuts, they gave him peanut butter to eat.

“He wrote the family a suicide letter in February 2011 and attempted it in June. On Oct. 24, after screaming for 24 hours, he was found hanging in his cell.” Looking at the legislators, she demanded to know, “Where is the rehabilitation in that? Where is it?”

The missing framework of torture

Sundiata Tate said after the hearing that “some of the assembly members asked good questions and the CDC tried to say they were changing. But they aren’t even addressing the question of torture! That really stood out for me. They aren’t recognizing it as such. The only way they will is if their hands are forced, by the courts or the legislature or the people. I really think the CDC should be forced to release all those people and pay them damages.”

Assembly hearing on SHUs 'Stop the Torture' poster 022513 by Bami Iroko
“Stop the torture” was the topic around the Capitol during the hearing on Feb. 25 and Lobby Day on Feb. 26. – Photo: Bami Iroko
People imprisoned in the SHUs and those who advocate for them have a deep understanding that solitary confinement is a horrific form of torture with long-lasting and highly detrimental emotional and physical effects and as such needs to be abolished. Their family members also have a bone-deep knowledge of this, feeling keenly as they do the pain that comes when loved ones are suffering unjustly.

In addition, the U.N. Special Rapporteur on Torture, the U.N. Human Rights Committee and Amnesty International, among others, all recognize solitary confinement as a form of torture whose use should be extremely limited if used at all. The U.N. Special Rapporteur has state 15 days should be the maximum.

The U.N. Special Rapporteur on Torture, the U.N. Human Rights Committee and Amnesty International, among others, all recognize solitary confinement as a form of torture whose use should be extremely limited if used at all.

So the question many are left with after the hearing in Sacramento is what will it take for the California legislature to catch up with this knowledge? And, more than that, what will it take for them to act to create some genuine accountability for the CDCR officials who are perpetuating the torture? And to act eventually to abolish the practice?

Lobby Day

The following day around 40 people remained to lobby the legislators in teams, speaking to them about solitary confinement as well as upcoming legislation relevant to organizations within CURB. All of Us or None in particular was supporting AB 218, another version of the Ban the Box bill that would take the “Have you ever committed a felony” checkbox off initial job applications, and AB 149, mandating when people are released from incarceration they be informed of their voting rights and given a voter registration card. Senate bills supported included SB 61, limiting the use of solitary confinement for juveniles, and SB 283, restoring CalWORKS and CalFresh to those released after serving time for drug-related felonies.

Lobby Day after Assembly SHU hearing 022613 by Emily Harris, web
Activists from all over California who attended the Feb. 25 hearing on solitary confinement joined with women from the Center for Young Women’s Development who came for lobbying day. Back row: Dolores Canales, Margaret Laffan, Milton Rudge, Marilyn Austin-Smith, Denise Mewbourne, Sundiata Tate, Andrés Abarra, Jerry Elster, Acacia Ainsworth, Elizabeth Evans, Daletha Hayden. Middle row: Sheila Pinkel, Penny Schoner, Margaret Ramos, Kenya Taylor, Paula Robles, Nicole Powell, Keithia Martin, Brittany Jones. Front: Emily Harris, Elvira Zayas, Marlene Sanchez, Diana Zuniga

One of the highlights of the day was the attendance of a group of young women from the Center for Young Women’s Development in San Francisco, an organization working “to empower young women who have been involved with the juvenile justice system and/or underground street economy to create positive change in their lives and communities.” They got their first experience that day of talking to legislators.

At the end of the day many of the teams reported lots of talk around the capital about the hearing the previous day and that many of the legislative aides they had spoken to said they honestly had not known what kind of abuses were happening with solitary confinement in California.

Where do we go from here?

Ammiano has promised there will be more hearings, and Mitchell added she would like to see the next one delve more deeply into conditions inside the SHU. Attorney Carol Strickman from Legal Services for Prisoners with Children informed those at the rally that the class action lawsuit on behalf of those in solitary confinement for longer than 10 years at Pelican Bay – over 500 people – will have a hearing on March 14, 2 p.m., at the Federal Building in Oakland, 1301 Clay St. A rally will begin at 12, and the hearing is at 1:30.

“We need to let the world know that California is torturing their prisoners.”

CDCR will be arguing for a dismissal, and trial dates will be set. She encouraged people to attend if possible, to let them know the interest level of the public

Lobby Day after Assembly SHU hearing 022613 by Sheila Pinkel, web
The day after the hearing was Lobby Day. Dolores Canales of California Families to Abolish Solitary Confinement reports: “CFASC had a very productive day lobbying with CURB and bringing up the hearing and the issue of solitary confinement. It was surprising to hear how many legislators were in their offices watching the hearing. Sen. Ron Calderon said they have ‘never seen a hearing like the one yesterday’ and ‘it was the talk of the offices; everyone was talking about it.’ ‘A lot of light was shed.’” – Photo: Sheila Pinkel
Many are calling for an independent review of the gang validation process, used as a rationale to place people in solitary confinement as well as to hold them there indefinitely. La Fontaine said: “This review needs to be placed in more objective hands. Dr. James Austin, for example, is a renowned corrections expert with a more impartial analysis – he would be a better consultant on this.”

To underscore the impossibility of an independent review internal to the CDCR, he said: “The prisons and the military have a lot of shared best practices. There are lots of CDCR goon squads, including the Institutional Gang Investigation guys, who are truly scary people. They’ve been hired into the system because they have military experience working against international so-called terrorists.”

Regarding further organizing, Marilyn Austin-Smith of All of Us or None said: “I do wish more people were there. It would be great to fill the whole lawn and take over the capitol for one day, so we can make them understand how many people care about this. We need to do community outreach to those most affected and encourage people to come out and support their loved ones. And we need to let the world know that California is torturing their prisoners.”

“What was most inspiring to me was the unity, the way everyone, all ethnicities, came together,” said Canales. “If the men in there have agreed to end hostilities, how can we not do our best to come together out here? As long as we can stay together, we can have victory. It’s especially important for Black and Brown communities to work together more closely around this and realize we do play a part in our own oppression.”

And if the prisoners’ five core demands remain unmet, people still suffering and continuing their resistance inside the SHUs will begin another hunger strike this coming July.

As the NCTT Corcoran SHU writers say in their statement for the event: “Will you allow them to erect this new bureaucracy and extort an ever greater portion of your tax dollars to enrich themselves and expand their influence in your daily lives? If freedom, justice, equality and human rights are truly values you hold dear, let it be reflected in the actions of your legislators. Each of your voices, when raised together, can tumble walls of stone. Remember Jericho. Thank you for your time, and our prayers and solidarity are with you all.”

“What was most inspiring to me was the unity, the way everyone, all ethnicities, came together,” said Canales. “If the men in there have agreed to end hostilities, how can we not do our best to come together out here? As long as we can stay together, we can have victory. It’s especially important for Black and Brown communities to work together more closely around this and realize we do play a part in our own oppression.”

Denise Mewbourne is a proud member of All of Us or None and Occupy 4 Prisoners (O4P) and is currently launching a Human Rights Pen Pal group for O4P, based on the Prisoner Hunger Strike Solidarity Committee’s model. She feels blessed to be part of a passionately dedicated Bay Area community working for racial justice and an end to mass incarceration with all its myriad evils. Denise can be reached at deniselynn777@gmail.com.

 

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4 thoughts on “Sacramento hearing exposes CDCR’s hidden agenda

  1. Tubularsock

    What a complete picture of the Sacramento hearing. Well done. Solitary confinement is torture, period. Odd that we are still debating this fundamental human right of not being tortured!

    Reply
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