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Demands from the San Quentin State Prison Adjustment Center

June 10, 2013
The Black Panther newspaper cover 'P.S. After George- The Adjustment Center six' (aka SQ6) 110671
The Black Panther newspaper of Nov. 6, 1971, featured the Adjustment Center Six, later called the San Quentin Six – Hugo “Yogi” Pinell, Willie Sundiata Tate, David Johnson, Luis “Bato” Talamantez, Fleeta Drumgo and Johnny Spain – who were accused of participating in the Black August events of Aug. 21, 1971, that left six people dead, including George Jackson. Their 16-month trial was the longest in California prison. All of the six were released long ago except Hugo Pinell, who has now been imprisoned for 49 years – 43 of them in solitary confinement, 23 in the infamous Pelican Bay SHU.
Open letter to the Director of CDCR, the Warden of San Quentin Prison and the Captain of the Adjustment Center

San Quentin top officials have concocted and enacted an exclusive code of regulations called the IP 608 Condemned Manual, which mandates that Death Row prisoners are under the control of the warden of San Quentin Prison. Therefore, after years of the abuse of authority by Adjustment Center (A/C) committee members and unit staff and after years of filing 602s that fall on deaf ears here in the A/C, all the way up the chain of command to Sacramento, a collective group of Death Row prisoners in the A/C will be joining in the statewide non-violent, peaceful hunger strike in July 2013 to demand that the warden of San Quentin use his power of authority to bring about positive change to prisoners housed in the A/C SHU.

For years, Grade B A/C prisoners have been told Grade B is not a punishment; it’s just a “program” different from Grade A. So the warden should be able to use his power of authority to order the following immediate changes without delay:

  1. The warden should immediately implement a “behavior based program” that amends the current criteria that permit a condemned prisoner to be eligible for Grade A privileges and be removed from the punitive punishment of Grade B status, basing this program on a condemned prisoner’s current good behavior and disciplinary free conduct regardless of a prisoner’s alleged gang status or validation and eliminating the under-the-table and vague indeterminate status in the A/C. The warden must order the immediate release of A/C prisoners who are not validated as alleged gang members and associates and have remained disciplinary free for years.
  2. The warden must order the A/C committee to stop the controversial and unfair classification practices of using illegal inmate informants and anonymous informants and the so-called roster list of names to label prisoners gang members and associates and to stop the illegal and vague “mandatory debriefing” and vague validation process. San Quentin officials must put in place a set of standards and safeguards to protect a prisoner’s right to be free from cruel and unusual punishment
    • Any information used in A/C committee decisions must be first-hand information and must be corroborated by three different independent sources;
    • A/C committee must state on the record why such information is indicative of gang activity and state on the record what California laws are being broken;
    • Any information used against a prisoner must be provided to the prisoner and all copies of documents, such as 1030s and 128s, and debriefing reports placed in a prisoner’s C-file must be immediately disclosed to the prisoner so he will have ample time and opportunity to contest and challenge any allegations in writing through administrative 602s and legal redress to confront his accuser or confidential source.
  3. The warden must (a) order the end of the administrative segregation of condemned prisoners to segregated yards that have been designed to label a condemned prisoner unjustly, (b) order an end to the constant use of bogus confidential inmate informants and bogus 1030 disclosure forms to deny A/C prisoners access to Grade A status and access to the A/C group yards, and (c) order that all four group yards in the A/C be labeled “re-integrated yard 1, 2, 3 and 4” and remove the racist yard labels of “Southern/White and Northern/Black” that A/C staff and committee have used for decades to instigate racial division and segregation among prisoners of different races who would like to program and co-exist on a group yard together. Every A/C prisoner should be given group yard unless the prisoner chooses to stay in a walk-alone cage. The warden must order that all walk-alone cages have roof coverings like the cages in East Block and Carson Sections, and add a dip bar in each cage for exercise.
  4. The warden should cease all group punishment tactics. Group punishments and lockdowns were designed for large-scale riots, not for alleged isolated incidents. The warden should cease the unlawful use of the interview/interrogation process and never allow the vicious attack and assault on prisoners by A/C staff just because a prisoner invokes his Fifth Amendment right to remain silent and refuses to answer questions during an interview/interrogation. This illegal policy of forced interrogations makes no sense because if staff utilize chemical agents on a prisoner, which have proven to be lethal, and attack him and then drag the prisoner into an interview/interrogation room, he will say, “I have nothing to say,” and take the Fifth. Or the prisoner might give a statement based on his fear and the fact he was brutally attacked, in which case the information would be deemed “given under duress and torture, therefore unreliable.” So the use of violence on prisoners, particularly on prisoners of color, is just an excuse and a blatant act of the worst kind of torture and racially motivated retaliation. Also, the administration should cease passing out “interview questionnaires” to prisoners after an alleged isolated incident because the informants read these questionnaires and re-word them and use them as first-hand information when the informants did not get the information from a prisoner but directly from a prison official. Simply put, these forms describing the incident are only done so rat inmates can exploit these incidents for gain by giving staff bogus and false statements to be used on 1030 disclosure forms and be rewarded by obtaining Grade A and other privileges and favors.
  5. The warden should order the end to the degrading policy of stripping out A/C prisoners outside during yard recall, violating Title 15, Section 3287(4)(8), which partly states that “all such inspections shall be conducted in a professional manner which avoids embarrassment or indignity to the inmate. Whenever possible, unclothed body inspections of inmates shall be conducted outside the view of others.” Stripping out in the cold and rain is inhumane, and it’s time for this policy to stop. The warden should allow A/C prisoners to wear tennis shoes or state shoes on all escorts, especially in the rain, to visits and medical escorts, and put an end to the “shower shoes only” policy and allow A/C prisoners to be fully dressed in state blues when going to the law library.
  6. The warden should order that the third watch sergeant return the scheduling of A/C prisoners for SHU law library to the SHU law librarian clerk and start utilizing all available SHU law holding cells so Death Row prisoners can do important research at least three to four times a month. A lot of prisoners are being denied access to SHU law library on a regular basis. The third watch sergeant should be ordered by the warden to end the practice of putting dinner food on paper trays to sit on the bed in the cell while prisoners are at law library as this practice is unsanitary and eating cold food is unhealthy.
  7. The warden should order the end of excessive use of property restrictions. No other CDCR prison in the state of California uses property restriction as a punishment and it’s only done in extreme cases. Title 15 mandates no longer than 90 days. The excessive use of property restriction punishment in the A/C is based on nothing more than A/C committee members’ abuse of power and authority and is never based on a prisoner’s behavior.
  8. The warden of San Quentin should use the power of his authority to expand A/C Grade B privileges for prisoners housed in the A/C through no fault of their own and who have remained disciplinary free for years.
    • Allow contact visits with family, friends and attorneys, or allow 2½-hour non-contact visits in Booths A-l, A-2 and A-3 in the visiting room.
    • Allow two phone calls per month.
    • Allow hobby and educational programs for the A/C.
    • Allow more educational channels like the Discovery Channel, the History Channel and National Geographic.
    • Allow $110.00 canteen draw a month.
    • Allow four food packages a year or two food packages and two nutritional packages of vitamin supplements and protein meal supplements from approved vendors.
    • Allow A/C prisoners to participate in the food charity drives.
    • Allow 10-book limit in cell, not to include any legal or religious books.
    • Allow A/C prisoners to purchase white boxer underwear, T-shirts, socks and thermals from approved vendors at least four times a year (each quarter).
    • Allow clear headphones, non-clear earbuds and headphone extension for TVs and radios or leave speakers connected in TVs and radios.
    • Order the return of exercise equipment on the group yards, return the basketball court and the pull up bars, and add dip bars and a table and provide group yard activity items such as basketballs, handballs, board games and cards.
  9. The warden should order that all medical chronos issued and approved by the chief medical doctor be honored and order all A/C staff not to interfere with the medical needs of prisoners. Custody staff should have no say-so in medical needs of prisoners. If the medical needs of a prisoner cannot be met in the A/C, then the prisoner should be housed in a unit where his medical needs can be accommodated. The A/C unit staff must not be permitted to impose unjust punishments upon prisoners who have a proven need for medical appliances. When it is deemed medically imperative for modified cuffs, staff puts the prisoner on leg restraints claiming “safety and security,” when in fact it is an attempt to discourage prisoners from seeking medical appliances by punishing them with unnecessary, painful, degrading and excessive mechanical restraints.
  10. Order the Institutional Gang Investigation (IGI) unit to stop the harassment of interfering with A/C prisoners’ mail. Incoming mail has been denied and held by IGI under the excuse of “promoting gang activity” with no further explanation of exactly what constitutes “promoting gang activity”! Many times incoming mail takes anywhere from 20 to 40 days from the postmarked date on the letter to reach prisoners in the A/C. Legal mail has been taking far too long to reach A/C prisoners, and it should be passed out with regular mail call at 3 p.m. so that prisoners can have plenty of time to respond to their attorneys by the 9 p.m. mail pick-up.

All of these issues are fair and reasonable and create no serious threats to the safety and security of the A/C but can only create a more positive and productive environment in the A/C for prisoners who have been put in a punishment situation with no disciplinary write-ups for years. We ask that the warden of San Quentin and the captain of the A/C look into these issues as soon as possible.

Thank you.

Main A/C Representatives: Smokey Fuiava, E-35592, 2AC56; Richard Penunuri, T-06637, 3AC55; Billy Johnson, F-35047, 2AC51; Todd Givens, V-42482, 3AC52; Marco Antonio Topete, AK-7990, 1AC12; Cuitlatuac Rivera, T-35975, 2AC67

Body of Representatives: Bobby Lopez, K-76100,1AC16; Reynaldo Ayala, E-10000, 2AC59; James Trujeque, K-76701, 3AC13; Mike Lamb, G-30969, 2AC1; Hector Ayala, E-38703, 3AC4; Marty Drews, C-88058, 3AC2

 

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7 thoughts on “Demands from the San Quentin State Prison Adjustment Center

  1. Kristen Salas

    The above mentioned conditions at San Quentin State Prison and the Unethical and Immoral , unlawful treatment of Prison Guards towards inmates is not only unacceptable ; but criminal ! All officers, guards , and personnel participating , having knowledge, and /or not reporting any of these offenses is liable for any harm that came to any inmate ! All guards and/or personnel should be immediately
    be dismissed until further investigation 7

    I am also advising San Quietan State Prison , Governor Jerry Brown , President Obama , that you are unlawfully detaining an INNOCENT MAN ON DEATH ROW , DARRELL LOMAX

    An INNOCENT MAN ON DEATH ROW DARRELL LOMAX, , WE ARE GAINING SUPPORT BY THE MASSES ! O urge You to FREE THIS MAN AND BRING JUSTICE TO im

    Idismissed pending an investigation into their conduct !

    I am also publicly announcing to The.State of CA, Governor Jerry Brown, And San Quentin State Prison that you are unlawfully detaining Darrell Lomax on Death Row for Two Counts of Armed Robbery, And One CoIunt of.Capital Murder!

    Reply
  2. allan feinblum

    I wish to write Reynaldo ayala e 10000 2 ac 59 what other info does the letter have to contain is it just san Quentin state prison , san Quentin, Ca 94974?

    Reply
    1. Kristen Dundas Salas

      Governor Jerry Brown , and President Obama , I and many others on the outside are in complete support of all the above mentioned demands from the Authors and Representatives of these Demands ! We will no longer tolerate the Horrific conditions , lack of Medical care , unethical conduct by Prison Guards , wardens , or any other Staff member at San Quentin State Prison ! We are a large group and growing stronger each day . We will continue to fight for the humane and decent treatment of each inmate at San Quentin State Prison ! Each of these demands are in no way unreasonable and should be addressed immediately ! I will be sending out this list of demands to our large and growing group , ,”The Let’s Change The World Movement , where myself and it’s founder , Dale Davis will be sending back replies ! Not only on the behalf of the creators of this demand, but of our crusade to Save Darrell Lomax who has been Wrongfully Convicted and had been unlawfully detained by San Quentin State Prison for 18 years ! We have an article in circulation concerning his case and the case knowledge proof of his innocence ! San Quentins disregard for human life with the use of Mass Incarceration , Solitary Confinement , cruel and unusely Punishment is a disgrace to the United States Of America ! The Constitutional Rights Violations are to many to count ! I have put a plea into the ACLU ON BEHALF OF DARRELL LOMAX AND A COPY OF THESE DEMANDS WILL ALSO BE FORWARDED VIA EMAIL TO THEM AS WELL ! Along with every Prison humane interest right group across the country ! A March on WAshington is Scheduled and a list of demands will be taken to the steps of the Capital ! My prayers and gratitude to all of you enduring this on the inside ! I pray for your well being and your safety everyday ! Darrell Lomax, I will not rest until your are served Justice and are a free Man ! Blessings and prayers to each of you ! Kristen Dundas Salas

      unfit , immortal , inhumane and unethical conduct of of Medical Staff , Wardens , Prison Guards , or the horrific conditions that inmates are

      subjected to on a

      daily basis ! The prison system WA designed to rehabilitate , not

      Reply
  3. pops

    I'll give you demands. Eat or starve. You are getting it for nothing, and you have no rights in jail_

    Reply
    1. Kristen Dundas Salas

      POPS, GETTING IT FOR NOTHING? Another uneducated and so out of line comment ! It costs over 146,000 dollars a year to house a Death Row inmate ; , which you , pay for out of your tax dollars! And why ? Because your elected officials are alto cut deals with inmates rather then give them equal access to qualified attorneys , and deny them their Constitutional Rights , which keeps them in the system twice as long as they should have been there . And when you their non violent offenders , or habitual traffic offenders that can’t afford the horrendous fees to pay a speeding ticket so it escalates into a warrant , then a suspension , then jail time, then the jail time you get beaten and abused and end up in Prison because the system does not protect you , or your part of the 2.3 million people or so Incarcerated in the US AND OUT OF THOSE NUMBERS AN ESTIMATED 17 to

      20% are INNOCENT AND YOU ARE SUBJECTED TO MASS INCARCERATION AND SOLITARY CONFINEMENT , THINGS WE WOULDN’T EVEN PUNISH OUR ANIMALS WITH , YOU START TALKING.G TO ME ABOUT YOur Free meals! And,

      Because of this increase in the Privitization of prison’s, its a very. Lucrative. Business. to keep the inmates flooding in at a Buck 68 a day or so in labor rates. I’d say that’s good business. For lots of folks, wouldn’t you, POPS! WOULD. CALL THAT. A SIGNIFICANT. SAVINGS. ! AND THAT FREE MEAL. YOU SPEAK OF, GOVERNEBT COMODITY FOOD, OR DONATED. READY TO BE DESPOSED OF, HARDLY. RECOGNIZABLE ” FOOD ” THAT HAS LESS NUTRITIONAL VALUE THEN A BAG OF CHIPS? WHY? SI THAT IT FORCES. INMATES. TI PUT LARGE SUMS. OF MONEY. ON THEIR COMMISSARY TO PAY ALL THE PRIVATE VENDORS. TO EAT HALF. WAY DECENT! SO IF YOU WANT. TO TALK. ABIUT M ” FREE ” MEALS ” AT SAN. QUENTIN, CHECK YOUR SOURCES. SND, REALLY, POPS, KEEP. QUIET! !

      BLESSINGS TO THOSE SERVING TIME, SAVE DARRELL LOMAX! GOD BE WITH YOU

      KRISTEN SALAS

      UR FREE
      MEALS ???? A

      nd while were at it , Most US PRISONS ARE PRIVATELY OWNED , SO IT PAYS TO GIVE 3 hots and a cot at a buck 68 an hour to keep American business going , POPS ! The more the

      Reply
  4. Richard A.Hartley

    Fight that fight Pops inmates do have rights,dont be stupid you take there humanity,dignityand pride what do they have left its cruel and unusal punishment stay in there and fight as we the people fight from out here free the innocent let them inmates be free from torment,and harassment,concerned American rights fighterfor liberty and the pursuit of happiness

    Reply

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