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Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012




                        A Publication of The Pennsylvania Prison Society
 Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787
                                                                         



Volume 43 Issue 2          www.prisonsociety.org             www.facebook.com/PennsylvaniaPrisonSociety                               February 2012



                  Helping Others Affects You in Unexpected Ways
                            by Kevin F. Johnson, #1424280, Green Rock Correctional Center (Va.)



  I commend the honorable Bill DiMascio on the well-                          Upon arriving in Virginia nearly two years ago, I con-
written and thoughtful article entitled, “Lifers Find                       tinued to work as a teacher’s aide and law library clerk
Ways to Give Their Lives Meaning, Even Behind Bars.                         so that I could help those in need. Despite my circum-
(Graterfriends, January 2012). It is an important subject                   stances, I refuse to turn my back on anyone who is wor-
that deserves to be explored, especially with the increas-                  thy of my time and attention.
ing lifer population in this country.
                                                                              My message to all sisters and brothers serving life
  As a lifer, I have spent 25 years in prison for a murder                  sentences (and non-lifers): challenge yourself. Find out
I did not commit. Through the years, my concentration                       how you can make a difference (positive change) in
has remained focused on how I can help myself and why                       another human being’s life. Do yourself a favor and
I must terminate my incarceration.                                          put aside your own needs and desires for a change and
                                                                            find out how you can help someone today. Try it. The
                                                                            reward? Priceless.
At some point, I realized that
helping others had a positive and                                             On a side note, I am proud to announce that my educa-
                                                                            tion, determination, and persistence has resulted in a
immeasurable impact on my spirit,                                           successful appeal. Stay tuned. Meanwhile, stay focused,
self-worth, and good character.                                             stay strong, reach out to help someone today, and be sure
                                                                            to keep hope alive.

  Putting that aside, I discovered one day that I could
use my education to teach prisoners to use computers,
prepare resumes, perform certain types of research (i.e.,
legal, general, etc.), write letters, and complete forms.                                           In this Issue
                                                                             From the Editors, News.................................................2
 This was my transformation.
                                                                             Our Voices ......................................................................3
  Rather than focusing solely on my needs, I began con-                      From the “Doc”, Birthdays, Crossword Solutions.........4
centrating my efforts on teaching others what I know.                        Legislative Highlights....................................................5
                                                                             Legal Chat ...................................................................6-7
  Working in the education department as a clerk and
teacher’s aid enabled me to help even more prisoners.                        Mailroom, ....................................................................8-9
Over the years, I began to notice the positive impact I                      Think About It, Mrs. GE-6309 Time ...........................10
had made in the lives of so many individuals. After ac-                      Pass the Word ..............................................................11
knowledging the fruits of my labor, I continued to give
                                                                             Literary Corner ............................................................12
more and more of myself to helping others learn.
                                                                             Bookcase .......................................................................13
  At some point, I realized that helping others had a                        Graterfriends Order Form ...........................................14
positive and immeasurable impact on my spirit, self-                         Crossword.....................................................................15
worth, and good character. Without question, I am quite
                                                                             “The Last Word” by William DiMascio .......................16
proud of the legacy I have established for myself.

                                                                        1

             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012




                       From
                    the Editors                                                                       News
  As you can see, we are back to printing a 16-page news-                                     GUARDING AGAINST
letter — and we couldn’t be happier!
                                                                                             WRONGFUL CONVICTIONS
  Marissa Boyers Bluestine of the Pennsylvania Inno-                                            by Marissa Boyers Bluestine
cence Project has written an article regarding the find-
ings of the Pennsylvania Advisory Committee on Wrong-                          Eleven people have been released from Pennsylvania
ful Convictions (to the right). We look forward to hearing                   prisons after DNA testing proved their innocence. The
your thoughts about the recommendations that came out                        true perpetrators of only two of these crimes have been
of this committee. You may find those on page 14.                            found. Since 1973, there have been 273 DNA exonera-
                                                                             tions across the nation. In 55 percent of these cases, the
  We are very happy to feature some books in this issue                      true perpetrators of the crimes were never caught. In the
(page 13), something we haven’t been able to do for some                     other 45 percent, the true criminals committed addi-
months. We are featuring a review of Aja Beech’s Bec-                        tional crimes while the innocent languished behind bars.
caria, an anthology of poems and essays from individuals                     When we convict the wrong person, all of us are harmed.
affected by crime — some who are in prison and some
who have lost loved ones. The review is written by                             Recently, the Pennsylvania Advisory Committee on
Reginald S. Lewis from SCI Graterford. You may also be                       Wrongful Convictions issued its final report, calling for
interested in Christopher Zoukis’ new book Education                         major updates to Pennsylvania’s criminal justice system
Behind Bars: A Win-Win Strategy for Maximum Security.                        to help prevent wrongful convictions. Formed in 2006,
Zoukis is currently incarcerated in Petersburg, Virginia.                    the committee considered various proposals to prevent
                                                                             wrongful convictions. The report takes an exhaustive
  Reesy Floyd-Thompson reminisces about her husband’s                        view of the problems and causes of wrongful convictions,
favorite breakfast and how she and her family continue                       and contains recommendations drawn from best practices
to remember him even though he is not physically there                       already in use in law enforcement agencies across the
(page 10).                                                                   United States. Many of these recommendations are
  Finally, Sam Krakow has written a very personal story                      grounded in more than a quarter century of scientific
of his reintegration into society in his “From the ‘Doc’”                    research. (See Committee Recommendations, page 14.)
column (page 4). We hope that all of you can take encour-                      An independent report from 14 members was also re-
agement from his words. Reentry isn’t easy, and can be                       leased, arguing that the majority report did not “reflect
very stressful, but it can be done successfully.
                                                                                  (See Wrongful Convictions, continued on page 14)


                                                                             Letters more than a page in length (200 words) will not be
                                                                             published in their entirety in Mailroom or Legal Chat Room,
                                                                             and may be considered for another column. All columns should
                                                                             be no more than 500 words, or two double-spaced pages.
                                                                             To protect Graterfriends from copyright infringement, please
         EDITOR-IN-CHIEF: William M. DiMascio                                attach a letter stating, or note on your submission, that you are
            MANAGING EDITOR: Mindy Bogue                                     the original author of the work submitted for publication; date
                                                                             and sign the declaration.
                  FOUNDER: Joan Gauker
                                                                             If you have a question about Graterfriends, please contact
                                                                             Mindy Bogue, Communications Manager, at 215-564-6005, ext.
                                                                             112 or mbogue@prisonsociety.org.
Graterfriends is a monthly publication from the Pennsylvania
Prison Society. The organization was founded in 1787 and
works toward enhancing public safety by providing initiatives
that promote a just and humane criminal justice system.
This issue is made possible through contributions from our
readers and funding from Phoebus Criminal Justice Initiative
through the Bread & Roses Community Fund.                                                   245 North Broad Street · Suite 300
We reserve the right to edit submissions. Original submissions                                   Philadelphia, PA 19107
will not be returned. We will not print anonymous letters.                             Telephone: 215.564.6005 · Fax: 215.564.7926
Allegations of misconduct must be documented and statistics                                       www.prisonsociety.org
should be supported by sources.                                                        www.facebook.com/PennsylvaniaPrisonSociety

                                                                         2

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012

                                                                             Mary’s only option is to send $10 to her son to pre-pay for
                                                                             two calls, but she learns that maintaining inmates’ famil-
                                                                             ial relationships is not a priority of the DOC.

                  Our Voices                                                   Research confirms that: 1. Phone companies do not com-
                                                                             pete to offer lower phone rates to inmates’ families, but
                                                                             rather to provide larger kickbacks to prisons; and 2. Such
                                                                             commissions are not controlled by state or federal regula-
                                                                             tory agencies, so the only limit on the maximum rate for
                     MOTHER MARY                                             prison phone calls is the top rate of kickback permitted by
                                                                             a service contract between GTL and the DOC.
          by Jon E. Yount, AC-8297, SCI Greene
                                                                               The DOC directs families to send funds to inmates
  Sixty-year-old Mary, disabled and impoverished, lan-                       through JPay, a Florida corporation that charges an ad-
guishes in Philadelphia, wishing to talk to her son. He is                   ditional $4.95 if contracted by phone, or $6.95 if by
incarcerated in a distant Pennsylvania prison. Neither                       email, to deposit $10 into a prison account. Mother Mary,
she nor her son read or write well enough to communi-                        $14.95 poorer, awaits a call from her son. However the
cate through letters. Medical problems prevent her from                      system has not yet finished fleecing her!
traveling to his prison. She can only communicate by
                                                                               The DOC seizes 20 percent of each entry of wages,
phone. However, the DOC’s imposition of a 44.4 percent
                                                                             gifts, etc. into an inmate’s account as payment of court-
socially regressive commission on Pennsylvania inmates’
                                                                             imposed fines, costs, and restitution. Thus, upon Mary’s
telephone contacts with families (Prison Legal News,
                                                                             $10 being transferred from JPay to her son, $2 is auto-
April 2011) is a nearly impenetrable barrier for Mary.
                                                                             matically deducted – as well as an additional 10 percent
  The DOC contracts with Global Tel*Link, the tele-                          for payment into a $60 per offense victim compensation
phone provider for prison inmates in more than half of                       fund. With only $7 of that $14.95 actually deposited in
the states. Mary’s son cannot call her “collect” because                     his prison account, Mary’s son is unable to comply with
she cannot afford a mandatory pre-paid account with                          the DOC’s $10 minimum purchase of pre-paid telephone
GTL for $6.25-per-minute collect calls, as GTL would                         time. Notably, if Mary could afford to send her son $25 to
charge her a 20 percent service fee for each $25 payment                     overcome such deductions, JPay charges would increase
she would invest in such a pre-paid collect call account.                    to $6.95 via email or $7.95 by telephone!
  Her son may buy pre-paid telephone minutes ($5.15 per                        If you care for those like Mary, it is time for education,
15-minute call) at the prison commissary, but he has lit-                    advocacy, coalition building, and community organizing.
tle or no personal income. Because the DOC requires that                     Identify those family members who are most like Mary
inmates purchase no less than $10 (plus $.60 sales tax) of                   and who are willing to serve as plaintiffs. Then help or-
pre-paid telephone time, his prison account is inadequate.                   ganize a legal battle against this rip-off!


        DOES THE CONSTITUTION APPLY                                          your constitutional rights can be totally ignored. Recently,
                                                                             I read an article about Troy Davis and the following was
          TO UNDERCLASS PEOPLE?
                                                                             stated: “Every day the leaders of America tout the glory of
      by Lorenzo Johnson, DF-1036, SCI Mahanoy                               the Constitution and the system while they systematically
                                                                             shred the Constitution and devour the poor.” That state-
  For 16 years, I’ve proclaimed my innocence to deaf                         ment couldn’t be more on point. Our Constitution is selec-
ears. Every other day, I’ve witnessed new faces of injus-                    tive at best.
tice. Shortly after my wrongful conviction, I filed a direct                   It took me exactly 16 years to have the necessary repre-
appeal to the Pennsylvania Superior Court. One of sev-
                                                                             sentation and the right panel of Federal judges for my
eral claims I raised was, my conviction was based on in-
                                                                             innocence to finally come out. I was one step away from
sufficient evidence, my appeal was denied but one of the                     my last Federal Appeal (Supreme Court). A panel of
panel of three judges filed a dissent and did not agree
                                                                             three voted two to one that the evidence used to convict
with the majority who went with the decision my trial
                                                                             me was unconstitutional. Insufficient evidence is equiva-
judge made. This one judge said that I was innocent and                      lent to a verdict of Not Guilty, barring a retrial. I was
he saw no evidence that linked me to this crime. Upon
                                                                             immediately schedule to be released, but as usual, the
reviewing the dissenting opinion, I felt that on my next
                                                                             prosecution argued against my release until they ex-
appeal, I would include it as support to my claim in
                                                                             hausted their right to cross appeal (which was temporar-
hopes the judges will look into the case instead of just                     ily granted). Keep in mind, it was ordered that I be re-
cosigning what my trial judge opinion stated. Well, that
                                                                             leased ROR/BAIL pending their appeal. My sentence
never took place.
                                                                             being vacated by the highest federal court in Pennsyl-
  For years I sought relief through various claims of my                     vania, the Third Circuit, the prosecution filed for en
constitutional rights being violated. For every case I re-                   banc, asking for a full panel of judges to rehear my case.
searched that got relief, there were 1,000 cases that were
                                                                               After a couple of weeks, the Third Circuit denied the
denied even when they showed the violation. Many times,
cases were denied because of minor errors. So, basically                                     (See Constitution, continued on page 12)

                                                                         3

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012



                           From                                                  DEATH ROW
                         the “Doc”
                               by Samuel L. Krakow
                                                                                    February Birthdays

READJUSTING TO LIFE AFTER PRISON                                             Shawnfatee Michael Bridges              Cletus C. Rivera
                                                                             DQ-0272, GRA                            HS-2164, GRN
  The readjustment process following imprisonment is                         Kenneth T. Brown                        Saharris Rollins
one that involves a host of psychological conditions. Con-                   DQ-1006, GRN                            AY-8832, GRN
sidering the fact that most, if not all of them, are risk                    David Chimel                            Daniel Michael Saranchak
factors for recidivism, I thought it would be an appropri-                   AY-5667, GRN                            CM-8666, GRN
ate topic for my column. Rather than writing dry facts, I
                                                                             Carmen Camato                           Christopher Smith
decided to write about the process from a more personal
                                                                             AY-2878, GRN                            FX-4208, GRN
point of view — my own reintegration into society.
                                                                             Anthony James Dick                      Mark Newton Spotz
  I’m writing this column on the precise anniversary of my                   HF-2262, GRN                            DA-4586, GRN
release from SCI Mahanoy seven months ago. Looking                           Daniel Dougherty                        Ralph T. Stokes
back, it was a very bumpy road that started with great                       EK-7623, GRN                            AY-9034, GRN
expectations. My release brought a sense of freedom that
                                                                             John Eichinger                          Sam Thavirak
                                                                             GL-3402, GRN                            BN-6754, GRN
Parole is very stressful, so                                                 Francis Bauer Harris                    Robert Wharton
                                                                             DL-0556, GRN                            AY-6874, GRA
don’t do it alone. Seek help.
                                                                             Antione Ligons                          Connie J. Williams
                                                                             DX-1687, GRN                            EY-4783, GRN
was giddy and slightly manic as I switched from an envi-
ronment of complete control to one of wildly varied choices.                 Bernard McGill                          Terrance Williams
However, this sensation was tempered by realities I coul                     CJ-8281, GRA                            AY-3626, GRN
not avoid: unemployment, financial insecurity, and an im-                    Dennis L. Miller
                                                                                                                     GRA = SCI Graterford
pending divorce. Despite the fact that I had friends and                     DL-1249, GRN
                                                                                                                     PO Box 244
family supporting me from day one, I felt overwhelmed.                       Ricardo Natividad                       Graterford, PA
                                                                             DL-3766, GRA                            19426-0244
  I realized quickly that I was like many parolees – I’m
an addict with the tattoo of “felon” forever imprinted on                    Walter J. Ogrod
                                                                             DC-4162, GRN                            GRN = SCI Greene
my permanent record. This fact made looking for a job a                                                              175 Progress Drive
nightmare, as this label closed me out from all sorts of                     David R. Ramtahal                       Waynesburg, PA
professional pursuits. Luckily, I found the Pennsylvania                     HK-0148, GRN                            15370-8090
Prison Society and the Philly ReNew program. I quickly
embraced their “Humble and Hungry” philosophy and
                                                                             If you do not want your name published, send a letter to
dived into the economic reality of being in my situation –
                                                                             Graterfriends each year you do not want it to be included.
any job in America today is better than unemployment.                        Be sure to note your date of birth.
  It took six months of dead ends to find employment as
a valet at a local hospital. Despite my eventual success,
the rejections led me perilously close to returning to                                     CROSSWORD SOLUTIONS
prison as a parole violator. I straightened out quickly.
I know a few good friends now back in the DOC who                            Below are the solutions to crossword puzzles printed in this
weren’t as fortunate.                                                        issue and the previous issue of Graterfriends.

  Now I’m looking for ways to improve my situation. To-                      January 2012                            February 2012
gether with my father, I’ve started an extensive Amazon-
based publishing company for medical e-books. That may
not be your line of work, but something else will be. I never
met an inmate who didn’t have a natural talent. Use it. It
will be your future if you can harness it appropriately.
  What does this personal story mean to those facing
impending release? Parole is a time of great stress. Un-
employment looms large and your self-esteem can take a
severe beating. Don’t do it alone. Seek out help. And once
you establish a job, keep looking for new ways to shine.
You can make it.

                                                                         4

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012




                               Legislative Highlights
                                                                   Ann Schwartzman
                                                     Policy Director, The Pennsylvania Prison Society


  The PA General Assembly reconvened on January 17 for the second year of the two year 2011-2012 session. Here are
several criminal justice bills that you may find of interest. Please note that this list is current as of January 11, 2012,
before the General Assembly reconvened.


BILL NO.            DESCRIPTION                                                                 CHIEF SPONSOR               PPS POSITION
PRINTER NO.
HB 934                                                                                          Rep. Daryl                  Oppose
                    Requires everyone to show picture ID before they are
PN 2166                                                                                         Metcalf
                    allowed into a voting booth. This bill may impact indi-
                                                                                                R-Butler County
                    viduals without driver’s licenses, including senior citi-
                    zens, people who use public transportation, young peo-
                    ple, and individuals just released from prison.
                    (Passed House; passed Senate State Government
                    Committee; now in Senate Appropriations on
                    12/14/11. We expect a vote on this very soon.)

SB 1183                                                                                         Sen. J.C. Orie              Oppose
                    Extensively revises provisions relating to registration of
PN 1821                                                                                         R-Allegheny and
                    sexual offenders, pursuant to federal mandate; makes
                    editorial changes. (Approved by Governor Corbett                            Butler counties
Act III
                    12/20/11; is now Act 111 of 2011.)

SB 1337                                                                                         Sen. Greenleaf              Support
                    Establishes the Pennsylvania Commission on Convic-
PN 1767             tion Integrity to investigate cases of those wrongfully                     R-Bucks and
                    convicted and to help prevent future wrongful convic-                       Montgomery
                    tions. (Referred to Senate Judiciary 11/10/11.)                             counties


SB 1338             Amends Titles 18 (Crimes and Offenses), 42 (Judiciary                       Sen. Greenleaf              Support
PN 1768             and Judicial Procedure) and 44 (Law and Justice) of the                     R-Bucks and
                    Pennsylvania Consolidated Statutes. Addresses issues                        Montgomery
                    leading to wrongful convictions, such as tampering with                     counties
                    and preservation of biological evidence, informant testi-
                    mony. Provides for post-conviction DNA testing and
                    comparing with CODIS data, recording of custodial
                    interrogations, and more. (Referred to Senate Judi-
                    ciary 11/10/11.)

SR 6                                                                                            Sen. Greenleaf              Support
                    Establishes a bipartisan task force and an advisory
PN 1833             committee to conduct a study of capital punishment in                       R-Bucks and
                    Pennsylvania and to report their findings and recom-                        Montgomery
                    mendations. (Adopted 12/14/11, 38-12.)                                      counties



                            UPDATE ON PHILADELPHIA’S BAN THE BOX CAMPAIGN

  Ban the Box (The Philadelphia Fair Criminal Record Screening Standards Ordinance), went into effect January 13,
2012. This new law prohibits employers from asking about criminal convictions on job application forms and in the first
interview. It also prevents them from making hiring decisions based on arrests or criminal accusations that do not result
in a conviction. The ordinance impacts employers with 10 or more workers in Philadelphia (but there are a few exemp-
tions). This should help formerly convicted individuals promote their skills instead of defending their past when hunting
for a job. Stay tuned for more details regarding how we are helping the City of Philadelphia implement this law.

                                                                        5

             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012

                                                                            to us in JPay’s name is an illegal “conversion” of our
                                                                            property for delivery and deposit in our account through

                 Legal Chat                                                 a non-consensual “bailment” process. This process is a
                                                                            new regulation and change in administrative agency
                                                                            policy governed by the Commonwealth Documents Law
                                                                            (42 P.S. 1201 et. seq.).

           ILLEGAL SPLIT SENTENCES                                            A “conversion” is the wrongful possession or disposition
                                                                            of another’s property as if it were one’s own, willful inter-
  Here is some legal information that may assist those                      ference with the property inconsistent with the owner’s
who have received an illegal sentence and/or illegal split                  right; it deprives the owner of use or possession of the
sentence. I assert that this information is from my legal                   property [Baram v Farugia 606 F.2d 42, 43 (3d Cir 1979)
files and research that I have saved, and it is about time                  (Blacks Law Dictionary)]. A “bailment” is the “delivery of
that I share it with others.                                                personal property by one person to another who holds
                                                                            the property for a certain purpose under con-
  Issues of subject matter jurisdiction cannot be waived                    tract” (Blacks Law Dictionary). When the DOC creates
[Melograne, In re, 812 A.2d 1164 (Pa.2002)]. Appellant                      new rules, it must provide public notice (4S P.S. 2101),
contends that his illegal sentence can never be waived,                     get approval by the Department of Justice (4S P.S. 1205),
and may be reviewed sua sponte by the Superior Court                        and file the new rules via the Legislative Reference Bu-
[Com. V. Archer, 533 A.D2 1051 (Pa.Super.1998)].                            reau (4S P.S. 1208), or the regulation is invalid.

  42 Pa.C.S.A. §9721 is the only authority available for a                    The JPay process concerning the money orders is ille-
trial/sentencing court to impose a split sentence. The                      gal because it constitutes the tort of unlawful conversion
Pennsylvania Supreme Court holds that, with regard to                       of personal property through a non-consensual bailment
sentencing, 42 Pa.C.S.A. §9721 generally states that a                      contract, based upon an invalid administrative agency
court may choose among various sentencing options,                          regulation. Research, exhaust grievance procedure, and
such as probation, confinement, or intermediate punish-                     file a property tort in court. A complaint without initia-
ment, unless “a mandatory sentence is otherwise pro-                        tive is like whistling in the wind.
vided by law,” [Com v. Koskey, 812 A.2d 509, 511
(Pa.2002)].                                                                                                               Frederick T. Ray III
                                                                                                                      GF-2852, SCI Camp Hill
  So, any of you fellow inmates serving a sentence of pro-
bation that runs consecutively to a mandatory minimum
sentence should challenge it in a Post-Conviction Relief
Act (PCRA) Petition. You have an illegal split sentence.

  Statutory authorization for a split sentence of total                               DID YOU WITNESS MY ASSAULT?
confinement and consecutive probation is not available to
the court because a mandatory minimum sentence has                            My name is Mr. Kevin Rex, and I was a prisoner at the
been provided by law. If this happened in your case, ar-                    Philadelphia County Curran-Fromhold Correctional Fa-
gue that the trial/sentencing court had no jurisdiction to                  cility on February 6, 2011. I was housed on A2-POD-4.
impose probation to run consecutive to the total confine-                   That morning, at approximately 8:45 a.m., I was as-
ment, and that the sentence imposed is illegal and                          saulted by a CO who is now charging me with aggra-
should be vacated. (Please review the above supporting                      vated assault. I am asking anyone who witnessed this
case law and statute.)                                                      incident to please come forward on my behalf by contact-
                                                                            ing my public defender immediately:
                                            Lindsay P. Shuler
                                          EY-9595, SCI Mercer
                                                                            Mr. Brian Collins
                                                                            Defenders Association
                                                                            1441 Sansom St.
                                                                            Philadelphia, PA 19102
            JPAY PROCESS IS ILLEGAL                                         267-765-6373 or 215-568-3190

  In response to the letters concerning the new JPay pro-                     My trial date is February 6, 2012, so I need to obtain
cedure (Graterfriends, September 2010 and December                          statements as soon as possible. Your time, assistance,
2011): It’s without dispute this new process is unfair.                     and effort to clear me of this wrongful prosecution would
However, the “unfairness” premise is unpersuasive.                          be truly acknowledged and gratefully appreciated!
Change occurs through litigation. An objective examina-
tion beyond the smoke and mirrors will manifest the ille-                     Thank you.
gality of the JPay process concerning the money orders.
                                                                                                                     Kevin Rex, #110801
 It’s without dispute that money is property. Money sent                                               Carbon County Correctional Facility

                                                                        6

             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012


  TEAM: TOGETHER EACH ACHIEVES MORE

  Does it really matter who’s responsible for the creation
                                                                                  REPORTER WANTS TO HEAR
of proposed Senate Bill 1153 (SB 1153)? The self-                                  PRISONERS’ EXPERIENCES
promoting aggrandizement among us keeps us wallowing
in our own ignorance. While wasting time and energy on
attributing responsibility, we continue to ignore the fact                    The Guardian, a UK-based newspaper,
that, while helpful, SB 1153 is merely a mirage of hope.                      is running a series on American prisons
                                                                              and the impact of incarceration on indi-
  In an April 24, 2011, Philadelphia Inquirer article,                        viduals and communities. They want to
Senator Greenleaf attempted to clarify the primary pur-
pose of the 60-Day Rule, i.e. the 1995 Post Conviction
                                                                              hear from inmates, their families, prison
Relief Act (PCRA) amendments. He said, “The primary                           guards, and anyone whose life has been
purpose of the 60-day rule was to avoid frivolous appeals,                    impacted by the system of incarceration.
which we were flooded with … The State Attorney Gen-
eral requested the timetable.” Well, this is where our
problem starts. Senator Greenleaf is a member of the                          If you would like to contribute to the se-
legislature, while the attorney general is a member of                        ries, please write to the reporter’s address
the executive branch of government.                                           ASAP:
  The constitution of Pennsylvania establishes three sepa-                    Sadhbh Walshe
rate, equal, and independent branches of government: the
legislature, the executive, and the judiciary. Each branch                    The Guardian
is granted certain exclusive rights and powers. The pre-                      PO Box 1466
sumption of constitutionality must give way when there is                     New York, NY 10150
any encroachment upon one co-equal branch of govern-
ment by another. The complicit nature of Senator
Greenleaf and then-State Attorney General Thomas W.
Corbett’s apparent concession encroaches upon the sepa-
rate, distinct, independent, and “exclusive” powers of the                     NEW SUPPORT GROUP FOR
legislative and executive branches of government.
                                                                              WOMEN WITH INCARCERATED
   The 60-Day Rule is but a miniscule part of our problem,                          LOVED ONES!
for it is merely subsection to a subsection under the PCRA,
i.e. 9545(b) (1), (2). The legislature amended the PCRA to                    Life Support for Women with an In-
enact a one-year time limitation to collateral petitions. A
PCRA court is bound by the requirements of Section 9545,                      carcerated Loved One is a new sup-
and can only entertain a petition for Post Conviction Relief                  port group for women looking for a safe
if the petition is filed within one year of the date the judg-
                                                                              place to share feelings and concerns
ment becomes final. This renders courts incapable of per-
forming their constitutionally assigned duties beyond one                     about incarcerated family members. The
year of the date judgment becomes final.                                      group meets the first Tuesday of every
                                                                              month, from 4:00 p.m. to 6:00 p.m., at
  According to Section 9545, the time of accrual com-                         the Pennsylvania Prison
mences whether the injury is discovered or not. A defen-
dant must not only scour the existing record for any is-                      Society: 245 N. Broad Street, 3rd Floor,
sues (injuries), but also has the additional burden of rais-                  Philadelphia, PA 19107 (Race-Vine sta-
ing any extra record claims that may exist. Many collat-                      tion, across from Hahnemann Hospital).
eral appeals require further fact finding, extra record
investigation, and where necessary, an evidentiary hear-
ing. A defendant must perform this herculean task                             For more information:
within one year of the date the judgment becomes final,
except as otherwise provided by statute.                                      •     Mason Barnett, 215-564-6005, ext.
                                                                                    106 (Prison Society)
 The fame seekers can have their light. We simply want                        •     Desiree Cunningham 215-758-5877
our freedom.
                                                                                    or 215-787-2525
                                           Sabree A. Sharrieff,
                                                                                    (Support Group questions only)
                                       CC-3542, SCI Frackville

                                                                         7

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012

                                                                             save much money – especially when Governor Tom Cor-
                                                                             bett’s current state budget calls for a 52 percent decrease

                             Mailroom                                        in education spending and an increase of $115 million for
                                                                             the DOC.
                                                                                                                        George (Saleem) Griffin
                                                                                                                         JK-5015, SCI Retreat

 WHY THE HASSLE TO GET OUR MAGAZINES?

   There is a rapidly growing trend of initially and sys-                       RE: HELP FOR NON-SMOKERS IN PRISON
tematically denying minority inmates their “urban” pub-
lications. Examples include Straight Stuntin’, Craze,                          In response to Mr. Buyna’s letter in the October issue
Assets, and Gorgeous, among others. It may seem like a                       of Graterfriends about not liking the smell of cigarette
small matter at the moment, given what’s going on in the                     smoke: Out of all the things that happen in prison you
“real world” and compared to other hot prison issues, but                    complain about something we smokers enjoy and are
if we keep allowing individuals to deny us our magazine                      permitted to do. Smoking is very common in our society,
publications without just cause, what else will they start                   so give it a break. For you to say we are “hopeless ad-
denying us? I hate to even imagine. No! The time is now                      dicts” is absurd. Thanks for labeling us. Maybe we
to spotlight this issue, especially at SCI Coal Township.                    should raise a gripe over something you like and try to
They are attempting to deter minority inmates from or-                       get it banned. We have a right to smoke if we want to.
dering urban publications by consistently denying them                       You can very easily put in a request for a cellmate who is
and forcing us to get their decisions overturned on appeal                   a non-smoker. Do so if it’s that much of a problem for
from Camp Hill.                                                              you. There’s your solution. Maybe you could also take a
                                                                             look at the true nature of Graterfriends and realize it’s
  These publications do not contain nudity, depictions of                    not called Mr. Buyna and Friends. You can’t change
violence or narcotics use. Let’s stand and unite in this                     other people, so focus on yourself. If you don’t like the
common problem.                                                              smell of tobacco or cigarettes in general, then don’t
                                           Carl Hill, JR-5005                smoke and stay in your cell. Give us “hopeless addicts”
                                   Michael Peterson, GC-4660                 our right to smoke, and you enjoy your glorious non-
                                     Walter Harris, GN-5486                  smoking life.
                                          SCI Coal Township                                                                    Russell J. Nelson
                                                                                                                             JL-4723, SCI Forest
  Editorial note: We are checking with SCI Coal Town-
ship for an answer regarding this issue. We will let you
know what we find out.                                                        SMOKING INDOORS IS A CRIMINAL OFFENSE

                                                                               This is a response in opposition to Mr. Erwin’s repre-
      NEW POLICIES DON’T SAVE MONEY                                          hensible response found in the December issue of Grater-
                                                                             friends. Mr. Erwin represents a selfish and egocentric
  I find it both ironic and disingenuous that the first two                  disposition of the prison tobacco puffing addict. Fact:
new policies from the new Secretary of Corrections, Mr.                      Smokers are rarely seen smoking outside their cells,
John E. Wetzel, are an inmate meal ticket and the reduc-                     mostly due to other inmates seeking freebies. Fact: Sec-
tion from 10 to eight free envelopes a month. All this is                    ondhand cigarette smoke coming in the vents 24 hours a
supposedly due to the DOC budget cuts – the very same                        day causes non-smokers to constantly sneeze, cough,
DOC that recently paid Virginia and Michigan approxi-                        suffer from runny noses and eyes, burning eyes, nose and
mately $42 million per year to house 2,180 Pennsylvania                      throat, swollen sinuses, and sleep deprivation, just to
prisoners. Not to mention that you don’t need to be a                        mention a few adverse effects. Fact: the surgeon general
certified public accountant to figure out that the lion’s                    has confirmed that secondhand tobacco smoke, even in
share of the funds appropriated to the DOC goes toward                       small amounts, causes immediate and long-range physi-
salary of the various staff members (guards, counselors,                     cal and psychological health problems to nonsmokers
kitchen, unit mangers, secretaries, etc.). Yet when it                       who inhale the 3800 components and 43 carcinogens
comes down to penny pinching, it falls on the backs of                       (poisons) found in tobacco smoke. Fact: It is a criminal
the prison population.                                                       offense to smoke in your cell, pursuant to 35 P.S. §637.2,
                                                                             i.e., Clean Indoor Air Act, which carries a $250,000 fine
  Then, of course, there is the hypocritical aspect of these                 for the first offense, yet prison officials fail to even issue
two policies: 1) the kitchen food staff actually throws                      misconducts to the offenders. Fact: The DOC is legally
away food and gives the pig farmers more food than they                      liable for damages sustained from breathing in contami-
provide to the population; 2) many men and women                             nated smoke-ridden air within the housing unit.
throughout the DOC don’t use all or any of their 10 free
envelopes every month. Therefore, when all is said and                                                                               Jay Yunik
done, neither of these two new oppressive policies truly                                                                   EK-5560, SCI Fayette

                                                                         8

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012


               GIVE SMOKING A REST                                           pay two months up front and get someone to vouch that
                                                                             they’ll pay your rent if you can’t – or, according to jail
  I have to address the recent comments and misunder-                        officials, you need to have a job before leaving the jail.
standings in October’s “RE: ‘Help for non-smokers in
Prison.’” There was absolutely no intention to insinuate a                     You are entitled of course to a hearing for the technical
personal attack on any one person; however, the person                       violation they hit you with for having no approved home
who responded certainly staged a personal attack against                     place. But I’ve gone in front of my judge 13 times and
me and the initial writer of the above mentioned article.                    have yet to have a proper hearing. And of course, Proba-
                                                                             tion refuses to ask the judge to sentence me – I’m home-
  None of the information in my letter was rhetoric. It                      less! If I get sentenced it gets appealed and kicked to the
was certainly NOT insincere or grandiloquent language                        state courts, and nobody wants that!
directed at any individual.
                                                                               I have asked to be sentenced. Allegheny Court of Com-
  “Dear Abby” is a syndicated columnist who has an ex-                       mon Pleas has yet to grant that request. I have filed for
tensive background in valid information on major issues.                     a habeus corpus hearing, but they have ignored that as
My criticizer failed to comment on the Environmental                         well. Numerous due process rights have been violated
Protection Agency, the American Medial Association, the                      over and over.
American Cancer Society, and a multitude of other organi-
zations that I just didn’t mention, who all agree that to-                    The Public Defenders office in Allegheny County is
bacco, smoke or smokeless, is a cancer-causing agent. Add                    worthless so you best have a good lawyer and lots of
in all the fertilizers and chemicals used in the production                  money to get anywhere. Over half of my probation has
of cigars, cigarettes, and chewing tobaccos, and users are                   been spent locked in total confinement at the Allegheny
ingesting POISON. I want to see anyone defend that!                          County Jail.

  Smoking is NOT a right, but an option; often a cell-                         I’m homeless, I’m poor, I’m old. I’d like my freedom but
partner is not an option, and a request slip is not going to                 it isn’t going to happen.
change that. Any Class A carcinogenic is deadly to humans
and animals. Most smokers who claim that they can quit                         Good luck.
any time are in denial. They are addicted to nicotine. Since
being incarcerated for over 30 years, I have spoken to many                                                                Edward C. Stout
– and I mean many – addicts, and they all think quitting                                                     #109087, Allegheny County Jail
smoking is harder than kicking a heroin addiction. Many
have stated, “I wish I could quit, but I can’t.”

  Non-smokers do not need a “right” to protect them-
selves from a poison that is being produced by willing                                   FEDERAL PROBE WARRANTED
smokers. I do not want a total ban on tobacco products. I
do not want a U.S. Constitutional amendment banning                            In a recent article in the Philadelphia Public Record,
tobacco products from society, either. I would rather they                   State Representative Ronald Waters said that the U.S.
find a way to prevent wrongful convictions.                                  Justice Department’s Civil Rights Division is opening a
                                                                             federal probe of Pennsylvania’s prison system. Although
 All I can say is quit smoking! Cigarettes cost too much,                    two specific prisons were identified, SCI Pittsburgh and
and I know for a fact that they are not good for anyone.                     SCI Cresson, Rep. Waters intimated that the probe
                                                                             would eventually cover all the state’s prisons.
                                                Allan D. Buyna
                                            AP-8203, SCI Forest
                                                                               Pennsylvania is in dire need of an outside unbiased
                                                                             probe into the corruption and abuse toward prisoners at
                                                                             all the state’s prisons. Prisoners who have suffered hu-
                                                                             man rights abuse during their incarceration should con-
                  KNOW THE TRUTH                                             tact this federal agency with specific facts and documen-
                                                                             tation of the abuse at the hands of correctional staff.
  If you’re going to be returning to Allegheny County on                     Don’t let this opportunity pass.
probation from the Pa. DOC and are in need of an accept-
able home plan address for State Probation and Parole,                       U.S. Department of Justice
plan on spending some time at the Allegheny County Jail!                     Civil Rights Division
  The Allegheny County offices of State Probation and                        950 Pennsylvania Avenue, N.W.
Parole automatically tossed me into the county jail after                    Office of the Assistant Attorney General, Main
turning down my home plan 24 hours before I maxed out                        Washington, D.C. 20530
in 2009 and I’ve been here in county jail ever since. After
a year of detention they are willing to put you in Forcus
House, where you would share a room with two others,                                                                               Dale Gardner
each paying $450 a month. But to get that you need to                                                                        BI-5107, SCI Albion

                                                                         9

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012




                                 Think                                                                       Mrs. GE-6309
                                About It                                                                         Time
                                                                                                                 by Reesy Floyd-Thompson


              WHAT ABOUT CHANGE?                                                                    APPLE PANCAKES

     by Zechariah Thompson, HV-3696, SCI Albion
                                                                               My husband loves breakfast. We often ate breakfast for
                                                                             dinner, pancakes, eggs, juice — a full buffet. He also
                                                                             loves eating breakfast at Shoneys, sometimes just the
  I wake up in a ghost town, among a thousand men who                        two of us, sometimes with my family (my two sisters,
have let themselves fade, including myself. We are                           their husbands, their kids, Mom, me). Actually, our first
passed by guards as nothing but a number at their dis-                       wedding is at Shoney’s, goofing off with the family, me,
posal. There is rehabilitation, but it is not in these places                complete in a napkin veil. On every trip to his favorite
that offer mostly deprivation of one’s needs and the bla-                    eatery, he had another one of his favorites — apple pan-
tant degradation of one’s character.                                         cakes (Ick!). I am a basic eater. I don’t like my foods to
                                                                             touch, nor do I mix flavors. Fruit is to be eaten as fruit,
  Men and women who failed in society’s clichés get                          not on top of, inside of, or mixed with anything else.
thrown into these places. We are given rags to wear and                      Hand me an apple, I will eat it, put it on top of pan-
miniscule wages for labor that pays well outside prison.                     cakes…not happening. I am a no butter, syrup only, kind
We continue to keep these prisons up to code and we get                      of girl; butter pecan syrup, if I’m feeling adventurous.
no recognition for it, just a pat down search afterward.
All of this brings meaning to the terms “modern slavery”                       Since his incarceration, my family and I have been to
and “oppression.” Furthermore, we are still paying for it                    Shoney’s several times. Despite an empty seat at the
when we get released.                                                        table, his place is always filled. I keep at least one pic-
                                                                             ture of him with me at all times. Whenever we are all
                                                                             together at breakfast, I take out the picture, set it up on
  There are attorneys, ex-attorneys, and district attor-                     the table, and place a plate of apple pancakes in front of
neys who have shows on television where they tell people                     it. We all take turns “speaking” to him.
that we shouldn’t be thought about and that our cries
shouldn’t be reckoned with. A lot of people on the receiv-                     At the end of last month’s visit, as my mom said her
ing end are very — very —impressionable. They will                           goodbyes, I overhear her telling Nivens that his plate of
probably never have a moment where they will under-                          apple pancakes is waiting. It’s my job to remember his
stand that we’re not all evil and that we are buried alive!                  likes but for my mom to remember is akin to saying “We
                                                                             miss you.” In that moment, I feel as warm and gooey as
                                                                             those glazed, slathered apples.
  Well, ladies and gentlemen, we can keep thinking like
this: Writing articles in prison publications; hoping one                      Whenever I have my version of pancakes, I think about
day an agency will come and sanction these prisons’                          the apple version and what it represents — a time when
structures for corruption, misconducts, etc… Or, we can                      we were a complete family, when I didn’t have an empty
start at the root of the problem. We can drop the cool                       seat beside me, when I didn’t have to speak for him,
guy/tough guy complex and strengthen our noble quali-                        when our love was just sweet without the added bitter.
ties. Let’s illuminate the creativity that lives inside us
and strengthen our knowledge, so that we can gain wis-                         I look forward to breaking the fast of not having Nivens
dom to pass on to future generations. Let’s stop trying to                   home. He lists a trip to Shoney’s on his upon-freedom-to-
look good and sound right, and do good and be right.                         do list. This time a picture of him won’t be necessary be-
                                                                             cause Nivens will be with us and we will be complete.
  If we just took the time to close our mouths and open                        I want apple pancakes.
our eyes and ears for a day, we can see and listen to the
senseless conversations and see the narrow paths that
people take. Once you have taken it in, you’ll then see
                                                                              Reesy Floyd-Thompson is the founder of Prisoners’
that our lives and our generation are in trouble.
                                                                             Wives, Girlfriends, & Partners (PWGP). For more infor-
                                                                             mation about this group, please write Reesy at:
 It starts with us.                                                          PWGP
                                                                             P. O. Box 14241
 It ends with us.                                                            Norfolk, VA 23518

                                                                        10

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012

                                                                               The mission can be accomplished by offering real leader-
                                                                             ship committees, self-help classes (such as job training,

                               Pssst…                                        reentry planning, parenting, communication skills, legal
                                                                             information, cultural studies, health and wellness, creative
                                                                             writing, and entrepreneurship), advanced activities, men-
                       Pass the Word                                         tor programs, building staff and inmate dialogue, outside
                                                                             guest motivational speakers, banquets, outside community
                                                                             feedback and involvement, and fundraising projects sup-
                                                                             porting the HFC and other charitable organizations.
          H.O.P.E. FOR C.H.A.N.G.E.
                                                                               This is an organization that I hope our younger brothers
            INMATE ORGANIZATION                                              will join because they are our future leaders and their in-
       by Rodney Derrickson, CW-6633, SCI Forest                             volvement and ideas are needed in order to move forward.
                                                                              Real change takes a collective effort from all who really
  H.O.P.E. for C.H.A.N.G.E. (HFC) is a newly approved                        want to see change happen.
inmate organization at SCI Forest. H.O.P.E. for                                Inspiration comes in many forms, and what better way
C.H.A.N.G.E. stands for: Helping Other Prisoners Evolve                      than to join an organization full of positive people!
for Confined Humans Aspiring New Goals Endlessly.
                                                                               I personally wish to thank SCI Forest’s administration
  The HFC is geared toward promoting social awareness,                       for its approval and support of the organization.
growth, development, and change in one’s character and
outlook on life through reentry and outreach programs,                        Special thanks to: Superintendent Debra K. Saunders,
while improving the quality of life for SCI Forest’s popu-                   Deputy Superintendent for Facilities Management Eric
lation and giving back to outside communities.                               Tice, and Deputy Secretary for Pa. DOC Randall Britton.




SUPPORT REFORM FOR THE RIGHT REASONS                                         sentative Thomas Caltigirone and Senator Stewart J.
                                                                             Greenleaf for their efforts to improve our system, as re-
    by Jeffrey Neal Saxberg, DX-5126, SCI Camp Hill                          ported in the Harrisburg Patriot on January 28, 2011.

 It’s with great dispirit that I write this article. Hungry                   Budgetary woes are fueling decisions hiding behind a
minds are suffering malnutrition from those who sit high                     guise that they truly want to do the right thing. Was it
upon their pedestal perches. These are the very same                         not our “hero” Senator Greenleaf that wrote and sup-
people who, from electoral platforms, preached that the                      ported measures that put us in the situation we now find
key to success is education.                                                 ourselves in? Why the change of heart, Senator?
  Our children are failed by society and its defunct sys-
                                                                               An explosive situation exists behind these walls and
tem. Now these children find themselves incarcerated
                                                                             fences. Twenty years have gone by and we have done
within our ever growing penitentiaries, lacking the skills
                                                                             nothing more than report deficiencies. Why do we con-
they need to succeed in life. Created and run by people
                                                                             tinue to turn our backs on a problem — and most impor-
that have yet to understand, prison alone cannot fix
                                                                             tantly — our children? We are still being led by the nose
what the people have broken.
                                                                             down the same paths, knowing well the outcome.
  When crime is reported to have decreased on our
streets, why is Pennsylvania leading the country in incar-                     Sucked dry by big government, you’re getting what you
cerating its citizens? It costs less to educate, yet we con-                 paid for. Politics has no place here. District attorneys,
tinue to build prisons and incarcerate. The State Judici-                    unions, and our legislators tell us they know what is best
ary Committee reported these same things to the public                       for us and how to raise our children. Am I the only one
in late 1990 during its witch hunt for those responsible                     who sees a problem here?
for the Camp Hill, Rockview, and Graterford riots.
                                                                               The solution is simple. Support true reform for the
  Our legislators have fallen short by continuing to enact                   right reasons. Without education, we will repeat history.
laws to increase prison terms. They ignore and reject                        Society needs to get involved and not react to false fears.
proven and innovative solutions. Judges’ hands are tied                      Support term limits and exercise your right to vote those
by these laws. The reason for this is nothing more than to                   out of office who do not get the job done! We have nobody
advance personal positions and create profits for the elite.                 to blame but ourselves.

  Responding to a climate of fear, our get tough approach                      Time to put up or suffer the consequences. Those of us
has proven to be a monumental failure. I find it ironic                      in here are not the only ones who need to take responsi-
that Auditor General Jack Wagner praised State Repre-                        bility for our actions, or lack of them.

                                                                        11

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012



                                                                                                 PHILAGRAFIKA PRESENTS

                                   Literary                                           DOING TIME | DEPTH OF SURFACE


                                   Corner
                                                                              Spanish artists María Jesús González and Patricia
                                                                              Gómez have created large-scale prints, photographs
                                                                              and related videos during their artist residency at the
                                                                              now decommissioned Holmesburg Prison in Northeast
                                                                              Philadelphia. The artists, neither of whom has exhib-
                  THE SACRED ROSE                                             ited previously in the United States, have a collabora-
                                                                              tive practice grounded in art conservation; utilizing a
         by Bernie Ryan, AP-6058, SCI Mahanoy                                 modified version of a technique known as strappo, they
                                                                              work primarily to preserve the surfaces of buildings —
There is an old Native American belief that                                   the veritable “skin of architecture” — by detaching a
the Great Spirit in its infinite wisdom blessed                               wall’s paint with glues and fabric and transferring
Mother Earth by creating colorful Roses for all                               that surface paint, in its entirety, to a new canvas. In
 occasions of the heart. This sacred flower of                                Philadelphia, they will work at the old Holmesburg
the plant people is said to represent:                                        Prison before it is demolished, creating large-format
                                                                              “printings” of drawings, paintings, and graffiti left by
White Rose – True Love                                                        former inmates.
Red Rose – Love and Passion
Purple Rose – Love at First Sight                                             The artists' prints are a physical archive of the
Orange Rose – Desire                                                          prison cells — including paint, drawings and mark-
Pink Rose – Friendship                                                        ings left by the inmates who lived there. The project
Yellow Rose – Friendship and Joy                                              culminated in the Depth of Surface exhibit at Moore
Black Rose – It’s Over                                                        College of Art and Design.
                                                                              Holmesburg prison was built in 1896 following the
Some Native American Elders say that the Roses are
                                                                              widely replicated wheel and spoke plan designed by
soft-petaled messengers of the four winds:
                                                                              John Haviland for the Eastern State Penitentiary in
with the power to express deep sentiments
                                                                              1829. It was in use for nearly a century, finally closing
without the necessity of spoken words.
                                                                              its doors in 1995.
Thorns are Nature’s Bear Claws that defend
                                                                              Doing Time | Depth of Surface is on exhibit from
a Rose’s awesome delicate beauty;
                                                                              January 28 through March 17, 2012, at Moore College
while it’s heavenly perfume fills the air
                                                                              of Art and Design. It explores urban archeology and
with reverence giving balance to both
                                                                              past lives of historic Holmesburg Prison and is the first
life and death with a sweat alluring fragrance.
                                                                              project since the successful Philagrafika 2010: The
                                                                              Graphic Unconscious.
For the Rose by its nature is truly a gift
and blessing to two-leggeds on the                                            For more information, visit
Great Medicine Wheel of life                                                  http://www.philagrafika.org/gomez-and-
for all occasions of the heart. Aho!                                          gonzalez.html




Constitution, continued from page 3                                          Evidence). The prosecution expressed its intentions to
                                                                             seek review by the U.S. Supreme Court of the Third Cir-
prosecution’s appeal and issued their mandate with in-                       cuit’s decision. Now they are asking that I be detained
structions to the Middle District Federal Court to issue                     until the outcome. There is nothing left for this court to
the writ. The same day, my legal team petitioned the                         decide, other than if it wants to impose conditions for my
Middle District Federal Court for my immediate release                       release that I volunteered to subject myself to. The U.S.
on ROR/BAIL. In turn, the middle district court gave the                     Supreme Court grants review in one percent of the 8,000
prosecution two weeks to reply. As predicted, the prose-                     cases presented each year.
cution waited to the last day to file. A stall tactic to
stretch out my unconstitutional detention. The prosecu-                        Despite the prosecution’s unsubstantiated allegations
tion stated I was a danger to society and a flight risk.                     of flight and concern for public safety, this court could fix
This assertion is without basis. I have been judged inno-                    bail conditions addressing them. Close monitoring by the
cenct, if anybody was a flight risk it was the prosecution.                  U.S. Marshal Service, up to and including electronic
Under these circumstances, the court has no basis to                         monitoring, can certainly account for the prosecution’s
withhold its grant of the writ.                                              concerns. I state all of the above to say, if I’m entitled to
 Under the Federal Rules and Procedures, I fall under                        relief under the Constitution, why when I fall in that
Unconditional Release (Unconstitutional Insufficient                         category does it not apply to me automatically?

                                                                        12

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012


                                                                               Prolific artist Elizabeth Johnson contributes a beauti-
                                                                             ful image of an angel, which compliments her poem enti-

                         Bookcase
                                                                             tled “Cora.” The angel, bathed in a beautiful glow, peers
                                                                             down, wings aflutter, her soft hand outstretched —
                                                                             “…as it snatched her daily hope from the ruins…
                                                                             …across the ragged edges of the rooftops-
                                                                             flying…
                                                                             flying…
     BECCARIA: A CHAPBOOK ANTHOLOGY                                          flying away.”
               BY AJA BEECH
                                                                               Seven-year-old Devon Williams poses in his astronaut
             A LABOR       OF   LOVE    AND    LIFE                          suit. How could he have known that he’d now be orbiting
                                                                             in his own space — just be-
 Review by Reginald S. Lewis, AY-2902, SCI Graterford                        neath the Seventh Heaven?
                                                                             Poet Delbert Tibbs, a Death
                                                                             Row exoneree whose heart-
  The first image you notice is the half facial features of
                                                                             breaking story was featured
an attractive young woman with smooth, soft, flawless
                                                                             in “The Exonerated” also
skin, a cute little button nose, full, luscious pink lips, and
                                                                             makes an appearance here.
stylish, flaming red hair. Against an aqua blue back
                                                                             In a prose poem that flows
drop, a sparkling blue eye stares out hauntingly. Flip
                                                                             with musical assonance of
over the front cover to the back and see dollops of bright
                                                                             surrealistic jazz, in “I Need a Poem” his pen croons: “For
red and gold paint from the intricate patterns that com-
                                                                             the sick and the lame and the maimed in mind, for the
plete the outlines of the hair, brow, nose, cheeks, mouth
                                                                             blind with eyes, for the deaf with ears, a poem of peace in
and chin. Two images (the first of Dierdre Johnson, mur-
                                                                             war years.”
dered by her fiancé; the second a painting of former
death row inmate Marilyn Dobrolenski by Mary DeWitt)
join at the book’s seam.                                                       And though we thank the Leeway Foundation for pro-
                                                                             viding the author with a small grant that made this an-
  In Beccaria, a chapbook anthology, poet/artist/activist                    thology possible, budget constraints prevented Ms. Beech
Aja Beech brilliantly assembles a talented cast of death                     from reaching out to far more readers than she desired.
row exonerees, family members of murder victims, death                       Perhaps a generous patron of the arts is willing to donate
row inmates, and poets that recount stories of beauty,                       money, or a fund drive can be launched to make it possi-
tragedy, loss, love, and innocence lost. We can hear their                   ble for more copies of Beccaria to be printed and distrib-
voices — both near and far, far away. Children live and                      uted to schools, libraries, universities, teachers, and at-
breathe in immortality. The grief of doting grandmothers                     risk youth. After all, we don’t have to wonder what other
flies up from these pages and seeps into every crevice of                    powerful works of beauty Aja Beech could bless the uni-
your being.                                                                  verse with.


  In her beautiful essay, Jan Williams writes: “The grief
of losing my boys isn’t something that I will ever ‘get                       Aja Beech is a poet and board member of Pennsylvani-
over.’ I will always miss them and mourn the milestones                      ans for Alternatives to the Death Penalty. Beccaria was
that I will never get to share… How do I put myself back                     made possible by a Leeway Foundation Art and Change
together and figure out what to do next?”                                    Grant, www.leeway.org.



                                 Education Behind Bars: A Win-Win Strategy for Maximum Security by Christopher
                                 Zoukis is the latest resource in the field of prison education. Over 500 pages, it is the most
                                 comprehensive title on the market. At $19.95, it is also the least expensive. To order, go to
                                 major online retailers like Amazon.com or BN.com, or write to:
                                 Sunbury Press
                                 2200 Market Street
                                 Camp Hill, PA 17011




                                                                        13

              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012

Wrongful Convictions, continued from page 2
                                                                               RECOMMENDATIONS FROM
true science” and cast aspersions on law enforcement.                          THE PENNSYLVANIA ADVISORY
The independent committee acknowledged that adjust-
                                                                               COMMITTEE ON WRONGFUL CONVICTIONS
ments and improvements can be made to benefit all citi-
zens, but does not see the need for systemic changes to
the criminal justice system.                                                   •     A law requiring lineups and photo arrays to be
                                                                                     conducted by someone who does not know who
  Many states, localities, and law enforcement agencies                              investigators suspect
are adopting the proposed changes in the majority re-
port. Across the country, eyewitness identification proce-                     •     A law requiring the electronic recording of police
dures are evolving in order to fairly prosecute the guilty                           interrogations and confessions
and not implicate the innocent.
                                                                               •     State, rather than county, funding of defense services
  State Senator Stewart Greenleaf recently introduced                                for the indigent, with adequate compensation for
two bills to implement the committee’s proposals. Senate                             attorneys
Bill 1338 would create a Committee on Conviction Integ-
rity. This committee would look at any proven exonera-                         •     Electronic recording of statements made to law en-
tion case to determine what factors led to the wrongful                              forcement by informants
conviction, and if changes to Pennsylvania’s criminal
justice system could prevent future injustices.                                •     Requirement of a hearing in capital cases before
                                                                                     admitting testimony from an informant that is
  The other bill, Senate Bill 1337, calls for needed improve-
ments to methods used by law enforcement. Many of these
                                                                                     Incriminated by the accused
improvements mirror those in the report from the Pennsyl-
                                                                               •     Extension of the length of time to petition for post-
vania Advisory Committee on Wrongful Convictions.
                                                                                     conviction relief (the “60 Day Rule”) to one year
  When an innocent person is convicted of a crime he did
not commit, we are all affected: the wrongfully convicted                      •     A law requiring the accreditation of forensic labora-
individual usually spends years in prison, the victim gets                           tories used in evidence collection
no closure, and the public must deal with other criminal
acts from a true perpetrator who escaped justice.                              •     A statutorily created forensic advisory board

 Convicting innocent people is not a new phenomenon in                         •     A law requiring the state to pay damages to those
our society, but with efforts like these, it need not be a                           wrongfully imprisoned
permanent reality.
                                                                               •     A statute enabling automatic expungement of the
                                                                                     criminal history record for those found eligible
Marissa Boyers Bluestine is the Legal Director of the
Pennsylvania Innocence Project.



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               The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
February 2012 Graterfriends
February 2012 Graterfriends

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February 2012 Graterfriends

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 A Publication of The Pennsylvania Prison Society Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787   Volume 43 Issue 2 www.prisonsociety.org www.facebook.com/PennsylvaniaPrisonSociety February 2012 Helping Others Affects You in Unexpected Ways by Kevin F. Johnson, #1424280, Green Rock Correctional Center (Va.) I commend the honorable Bill DiMascio on the well- Upon arriving in Virginia nearly two years ago, I con- written and thoughtful article entitled, “Lifers Find tinued to work as a teacher’s aide and law library clerk Ways to Give Their Lives Meaning, Even Behind Bars. so that I could help those in need. Despite my circum- (Graterfriends, January 2012). It is an important subject stances, I refuse to turn my back on anyone who is wor- that deserves to be explored, especially with the increas- thy of my time and attention. ing lifer population in this country. My message to all sisters and brothers serving life As a lifer, I have spent 25 years in prison for a murder sentences (and non-lifers): challenge yourself. Find out I did not commit. Through the years, my concentration how you can make a difference (positive change) in has remained focused on how I can help myself and why another human being’s life. Do yourself a favor and I must terminate my incarceration. put aside your own needs and desires for a change and find out how you can help someone today. Try it. The reward? Priceless. At some point, I realized that helping others had a positive and On a side note, I am proud to announce that my educa- tion, determination, and persistence has resulted in a immeasurable impact on my spirit, successful appeal. Stay tuned. Meanwhile, stay focused, self-worth, and good character. stay strong, reach out to help someone today, and be sure to keep hope alive. Putting that aside, I discovered one day that I could use my education to teach prisoners to use computers, prepare resumes, perform certain types of research (i.e., legal, general, etc.), write letters, and complete forms. In this Issue From the Editors, News.................................................2 This was my transformation. Our Voices ......................................................................3 Rather than focusing solely on my needs, I began con- From the “Doc”, Birthdays, Crossword Solutions.........4 centrating my efforts on teaching others what I know. Legislative Highlights....................................................5 Legal Chat ...................................................................6-7 Working in the education department as a clerk and teacher’s aid enabled me to help even more prisoners. Mailroom, ....................................................................8-9 Over the years, I began to notice the positive impact I Think About It, Mrs. GE-6309 Time ...........................10 had made in the lives of so many individuals. After ac- Pass the Word ..............................................................11 knowledging the fruits of my labor, I continued to give Literary Corner ............................................................12 more and more of myself to helping others learn. Bookcase .......................................................................13 At some point, I realized that helping others had a Graterfriends Order Form ...........................................14 positive and immeasurable impact on my spirit, self- Crossword.....................................................................15 worth, and good character. Without question, I am quite “The Last Word” by William DiMascio .......................16 proud of the legacy I have established for myself. 1 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 2. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 From the Editors News As you can see, we are back to printing a 16-page news- GUARDING AGAINST letter — and we couldn’t be happier! WRONGFUL CONVICTIONS Marissa Boyers Bluestine of the Pennsylvania Inno- by Marissa Boyers Bluestine cence Project has written an article regarding the find- ings of the Pennsylvania Advisory Committee on Wrong- Eleven people have been released from Pennsylvania ful Convictions (to the right). We look forward to hearing prisons after DNA testing proved their innocence. The your thoughts about the recommendations that came out true perpetrators of only two of these crimes have been of this committee. You may find those on page 14. found. Since 1973, there have been 273 DNA exonera- tions across the nation. In 55 percent of these cases, the We are very happy to feature some books in this issue true perpetrators of the crimes were never caught. In the (page 13), something we haven’t been able to do for some other 45 percent, the true criminals committed addi- months. We are featuring a review of Aja Beech’s Bec- tional crimes while the innocent languished behind bars. caria, an anthology of poems and essays from individuals When we convict the wrong person, all of us are harmed. affected by crime — some who are in prison and some who have lost loved ones. The review is written by Recently, the Pennsylvania Advisory Committee on Reginald S. Lewis from SCI Graterford. You may also be Wrongful Convictions issued its final report, calling for interested in Christopher Zoukis’ new book Education major updates to Pennsylvania’s criminal justice system Behind Bars: A Win-Win Strategy for Maximum Security. to help prevent wrongful convictions. Formed in 2006, Zoukis is currently incarcerated in Petersburg, Virginia. the committee considered various proposals to prevent wrongful convictions. The report takes an exhaustive Reesy Floyd-Thompson reminisces about her husband’s view of the problems and causes of wrongful convictions, favorite breakfast and how she and her family continue and contains recommendations drawn from best practices to remember him even though he is not physically there already in use in law enforcement agencies across the (page 10). United States. Many of these recommendations are Finally, Sam Krakow has written a very personal story grounded in more than a quarter century of scientific of his reintegration into society in his “From the ‘Doc’” research. (See Committee Recommendations, page 14.) column (page 4). We hope that all of you can take encour- An independent report from 14 members was also re- agement from his words. Reentry isn’t easy, and can be leased, arguing that the majority report did not “reflect very stressful, but it can be done successfully. (See Wrongful Convictions, continued on page 14) Letters more than a page in length (200 words) will not be published in their entirety in Mailroom or Legal Chat Room, and may be considered for another column. All columns should be no more than 500 words, or two double-spaced pages. To protect Graterfriends from copyright infringement, please EDITOR-IN-CHIEF: William M. DiMascio attach a letter stating, or note on your submission, that you are MANAGING EDITOR: Mindy Bogue the original author of the work submitted for publication; date and sign the declaration. FOUNDER: Joan Gauker If you have a question about Graterfriends, please contact Mindy Bogue, Communications Manager, at 215-564-6005, ext. 112 or mbogue@prisonsociety.org. Graterfriends is a monthly publication from the Pennsylvania Prison Society. The organization was founded in 1787 and works toward enhancing public safety by providing initiatives that promote a just and humane criminal justice system. This issue is made possible through contributions from our readers and funding from Phoebus Criminal Justice Initiative through the Bread & Roses Community Fund. 245 North Broad Street · Suite 300 We reserve the right to edit submissions. Original submissions Philadelphia, PA 19107 will not be returned. We will not print anonymous letters. Telephone: 215.564.6005 · Fax: 215.564.7926 Allegations of misconduct must be documented and statistics www.prisonsociety.org should be supported by sources. www.facebook.com/PennsylvaniaPrisonSociety 2 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 3. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 Mary’s only option is to send $10 to her son to pre-pay for two calls, but she learns that maintaining inmates’ famil- ial relationships is not a priority of the DOC. Our Voices Research confirms that: 1. Phone companies do not com- pete to offer lower phone rates to inmates’ families, but rather to provide larger kickbacks to prisons; and 2. Such commissions are not controlled by state or federal regula- tory agencies, so the only limit on the maximum rate for MOTHER MARY prison phone calls is the top rate of kickback permitted by a service contract between GTL and the DOC. by Jon E. Yount, AC-8297, SCI Greene The DOC directs families to send funds to inmates Sixty-year-old Mary, disabled and impoverished, lan- through JPay, a Florida corporation that charges an ad- guishes in Philadelphia, wishing to talk to her son. He is ditional $4.95 if contracted by phone, or $6.95 if by incarcerated in a distant Pennsylvania prison. Neither email, to deposit $10 into a prison account. Mother Mary, she nor her son read or write well enough to communi- $14.95 poorer, awaits a call from her son. However the cate through letters. Medical problems prevent her from system has not yet finished fleecing her! traveling to his prison. She can only communicate by The DOC seizes 20 percent of each entry of wages, phone. However, the DOC’s imposition of a 44.4 percent gifts, etc. into an inmate’s account as payment of court- socially regressive commission on Pennsylvania inmates’ imposed fines, costs, and restitution. Thus, upon Mary’s telephone contacts with families (Prison Legal News, $10 being transferred from JPay to her son, $2 is auto- April 2011) is a nearly impenetrable barrier for Mary. matically deducted – as well as an additional 10 percent The DOC contracts with Global Tel*Link, the tele- for payment into a $60 per offense victim compensation phone provider for prison inmates in more than half of fund. With only $7 of that $14.95 actually deposited in the states. Mary’s son cannot call her “collect” because his prison account, Mary’s son is unable to comply with she cannot afford a mandatory pre-paid account with the DOC’s $10 minimum purchase of pre-paid telephone GTL for $6.25-per-minute collect calls, as GTL would time. Notably, if Mary could afford to send her son $25 to charge her a 20 percent service fee for each $25 payment overcome such deductions, JPay charges would increase she would invest in such a pre-paid collect call account. to $6.95 via email or $7.95 by telephone! Her son may buy pre-paid telephone minutes ($5.15 per If you care for those like Mary, it is time for education, 15-minute call) at the prison commissary, but he has lit- advocacy, coalition building, and community organizing. tle or no personal income. Because the DOC requires that Identify those family members who are most like Mary inmates purchase no less than $10 (plus $.60 sales tax) of and who are willing to serve as plaintiffs. Then help or- pre-paid telephone time, his prison account is inadequate. ganize a legal battle against this rip-off! DOES THE CONSTITUTION APPLY your constitutional rights can be totally ignored. Recently, I read an article about Troy Davis and the following was TO UNDERCLASS PEOPLE? stated: “Every day the leaders of America tout the glory of by Lorenzo Johnson, DF-1036, SCI Mahanoy the Constitution and the system while they systematically shred the Constitution and devour the poor.” That state- For 16 years, I’ve proclaimed my innocence to deaf ment couldn’t be more on point. Our Constitution is selec- ears. Every other day, I’ve witnessed new faces of injus- tive at best. tice. Shortly after my wrongful conviction, I filed a direct It took me exactly 16 years to have the necessary repre- appeal to the Pennsylvania Superior Court. One of sev- sentation and the right panel of Federal judges for my eral claims I raised was, my conviction was based on in- innocence to finally come out. I was one step away from sufficient evidence, my appeal was denied but one of the my last Federal Appeal (Supreme Court). A panel of panel of three judges filed a dissent and did not agree three voted two to one that the evidence used to convict with the majority who went with the decision my trial me was unconstitutional. Insufficient evidence is equiva- judge made. This one judge said that I was innocent and lent to a verdict of Not Guilty, barring a retrial. I was he saw no evidence that linked me to this crime. Upon immediately schedule to be released, but as usual, the reviewing the dissenting opinion, I felt that on my next prosecution argued against my release until they ex- appeal, I would include it as support to my claim in hausted their right to cross appeal (which was temporar- hopes the judges will look into the case instead of just ily granted). Keep in mind, it was ordered that I be re- cosigning what my trial judge opinion stated. Well, that leased ROR/BAIL pending their appeal. My sentence never took place. being vacated by the highest federal court in Pennsyl- For years I sought relief through various claims of my vania, the Third Circuit, the prosecution filed for en constitutional rights being violated. For every case I re- banc, asking for a full panel of judges to rehear my case. searched that got relief, there were 1,000 cases that were After a couple of weeks, the Third Circuit denied the denied even when they showed the violation. Many times, cases were denied because of minor errors. So, basically (See Constitution, continued on page 12) 3 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 4. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 From DEATH ROW the “Doc” by Samuel L. Krakow February Birthdays READJUSTING TO LIFE AFTER PRISON Shawnfatee Michael Bridges Cletus C. Rivera DQ-0272, GRA HS-2164, GRN The readjustment process following imprisonment is Kenneth T. Brown Saharris Rollins one that involves a host of psychological conditions. Con- DQ-1006, GRN AY-8832, GRN sidering the fact that most, if not all of them, are risk David Chimel Daniel Michael Saranchak factors for recidivism, I thought it would be an appropri- AY-5667, GRN CM-8666, GRN ate topic for my column. Rather than writing dry facts, I Carmen Camato Christopher Smith decided to write about the process from a more personal AY-2878, GRN FX-4208, GRN point of view — my own reintegration into society. Anthony James Dick Mark Newton Spotz I’m writing this column on the precise anniversary of my HF-2262, GRN DA-4586, GRN release from SCI Mahanoy seven months ago. Looking Daniel Dougherty Ralph T. Stokes back, it was a very bumpy road that started with great EK-7623, GRN AY-9034, GRN expectations. My release brought a sense of freedom that John Eichinger Sam Thavirak GL-3402, GRN BN-6754, GRN Parole is very stressful, so Francis Bauer Harris Robert Wharton DL-0556, GRN AY-6874, GRA don’t do it alone. Seek help. Antione Ligons Connie J. Williams DX-1687, GRN EY-4783, GRN was giddy and slightly manic as I switched from an envi- ronment of complete control to one of wildly varied choices. Bernard McGill Terrance Williams However, this sensation was tempered by realities I coul CJ-8281, GRA AY-3626, GRN not avoid: unemployment, financial insecurity, and an im- Dennis L. Miller GRA = SCI Graterford pending divorce. Despite the fact that I had friends and DL-1249, GRN PO Box 244 family supporting me from day one, I felt overwhelmed. Ricardo Natividad Graterford, PA DL-3766, GRA 19426-0244 I realized quickly that I was like many parolees – I’m an addict with the tattoo of “felon” forever imprinted on Walter J. Ogrod DC-4162, GRN GRN = SCI Greene my permanent record. This fact made looking for a job a 175 Progress Drive nightmare, as this label closed me out from all sorts of David R. Ramtahal Waynesburg, PA professional pursuits. Luckily, I found the Pennsylvania HK-0148, GRN 15370-8090 Prison Society and the Philly ReNew program. I quickly embraced their “Humble and Hungry” philosophy and If you do not want your name published, send a letter to dived into the economic reality of being in my situation – Graterfriends each year you do not want it to be included. any job in America today is better than unemployment. Be sure to note your date of birth. It took six months of dead ends to find employment as a valet at a local hospital. Despite my eventual success, the rejections led me perilously close to returning to CROSSWORD SOLUTIONS prison as a parole violator. I straightened out quickly. I know a few good friends now back in the DOC who Below are the solutions to crossword puzzles printed in this weren’t as fortunate. issue and the previous issue of Graterfriends. Now I’m looking for ways to improve my situation. To- January 2012 February 2012 gether with my father, I’ve started an extensive Amazon- based publishing company for medical e-books. That may not be your line of work, but something else will be. I never met an inmate who didn’t have a natural talent. Use it. It will be your future if you can harness it appropriately. What does this personal story mean to those facing impending release? Parole is a time of great stress. Un- employment looms large and your self-esteem can take a severe beating. Don’t do it alone. Seek out help. And once you establish a job, keep looking for new ways to shine. You can make it. 4 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 5. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The PA General Assembly reconvened on January 17 for the second year of the two year 2011-2012 session. Here are several criminal justice bills that you may find of interest. Please note that this list is current as of January 11, 2012, before the General Assembly reconvened. BILL NO. DESCRIPTION CHIEF SPONSOR PPS POSITION PRINTER NO. HB 934 Rep. Daryl Oppose Requires everyone to show picture ID before they are PN 2166 Metcalf allowed into a voting booth. This bill may impact indi- R-Butler County viduals without driver’s licenses, including senior citi- zens, people who use public transportation, young peo- ple, and individuals just released from prison. (Passed House; passed Senate State Government Committee; now in Senate Appropriations on 12/14/11. We expect a vote on this very soon.) SB 1183 Sen. J.C. Orie Oppose Extensively revises provisions relating to registration of PN 1821 R-Allegheny and sexual offenders, pursuant to federal mandate; makes editorial changes. (Approved by Governor Corbett Butler counties Act III 12/20/11; is now Act 111 of 2011.) SB 1337 Sen. Greenleaf Support Establishes the Pennsylvania Commission on Convic- PN 1767 tion Integrity to investigate cases of those wrongfully R-Bucks and convicted and to help prevent future wrongful convic- Montgomery tions. (Referred to Senate Judiciary 11/10/11.) counties SB 1338 Amends Titles 18 (Crimes and Offenses), 42 (Judiciary Sen. Greenleaf Support PN 1768 and Judicial Procedure) and 44 (Law and Justice) of the R-Bucks and Pennsylvania Consolidated Statutes. Addresses issues Montgomery leading to wrongful convictions, such as tampering with counties and preservation of biological evidence, informant testi- mony. Provides for post-conviction DNA testing and comparing with CODIS data, recording of custodial interrogations, and more. (Referred to Senate Judi- ciary 11/10/11.) SR 6 Sen. Greenleaf Support Establishes a bipartisan task force and an advisory PN 1833 committee to conduct a study of capital punishment in R-Bucks and Pennsylvania and to report their findings and recom- Montgomery mendations. (Adopted 12/14/11, 38-12.) counties UPDATE ON PHILADELPHIA’S BAN THE BOX CAMPAIGN Ban the Box (The Philadelphia Fair Criminal Record Screening Standards Ordinance), went into effect January 13, 2012. This new law prohibits employers from asking about criminal convictions on job application forms and in the first interview. It also prevents them from making hiring decisions based on arrests or criminal accusations that do not result in a conviction. The ordinance impacts employers with 10 or more workers in Philadelphia (but there are a few exemp- tions). This should help formerly convicted individuals promote their skills instead of defending their past when hunting for a job. Stay tuned for more details regarding how we are helping the City of Philadelphia implement this law. 5 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 6. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 to us in JPay’s name is an illegal “conversion” of our property for delivery and deposit in our account through Legal Chat a non-consensual “bailment” process. This process is a new regulation and change in administrative agency policy governed by the Commonwealth Documents Law (42 P.S. 1201 et. seq.). ILLEGAL SPLIT SENTENCES A “conversion” is the wrongful possession or disposition of another’s property as if it were one’s own, willful inter- Here is some legal information that may assist those ference with the property inconsistent with the owner’s who have received an illegal sentence and/or illegal split right; it deprives the owner of use or possession of the sentence. I assert that this information is from my legal property [Baram v Farugia 606 F.2d 42, 43 (3d Cir 1979) files and research that I have saved, and it is about time (Blacks Law Dictionary)]. A “bailment” is the “delivery of that I share it with others. personal property by one person to another who holds the property for a certain purpose under con- Issues of subject matter jurisdiction cannot be waived tract” (Blacks Law Dictionary). When the DOC creates [Melograne, In re, 812 A.2d 1164 (Pa.2002)]. Appellant new rules, it must provide public notice (4S P.S. 2101), contends that his illegal sentence can never be waived, get approval by the Department of Justice (4S P.S. 1205), and may be reviewed sua sponte by the Superior Court and file the new rules via the Legislative Reference Bu- [Com. V. Archer, 533 A.D2 1051 (Pa.Super.1998)]. reau (4S P.S. 1208), or the regulation is invalid. 42 Pa.C.S.A. §9721 is the only authority available for a The JPay process concerning the money orders is ille- trial/sentencing court to impose a split sentence. The gal because it constitutes the tort of unlawful conversion Pennsylvania Supreme Court holds that, with regard to of personal property through a non-consensual bailment sentencing, 42 Pa.C.S.A. §9721 generally states that a contract, based upon an invalid administrative agency court may choose among various sentencing options, regulation. Research, exhaust grievance procedure, and such as probation, confinement, or intermediate punish- file a property tort in court. A complaint without initia- ment, unless “a mandatory sentence is otherwise pro- tive is like whistling in the wind. vided by law,” [Com v. Koskey, 812 A.2d 509, 511 (Pa.2002)]. Frederick T. Ray III GF-2852, SCI Camp Hill So, any of you fellow inmates serving a sentence of pro- bation that runs consecutively to a mandatory minimum sentence should challenge it in a Post-Conviction Relief Act (PCRA) Petition. You have an illegal split sentence. Statutory authorization for a split sentence of total DID YOU WITNESS MY ASSAULT? confinement and consecutive probation is not available to the court because a mandatory minimum sentence has My name is Mr. Kevin Rex, and I was a prisoner at the been provided by law. If this happened in your case, ar- Philadelphia County Curran-Fromhold Correctional Fa- gue that the trial/sentencing court had no jurisdiction to cility on February 6, 2011. I was housed on A2-POD-4. impose probation to run consecutive to the total confine- That morning, at approximately 8:45 a.m., I was as- ment, and that the sentence imposed is illegal and saulted by a CO who is now charging me with aggra- should be vacated. (Please review the above supporting vated assault. I am asking anyone who witnessed this case law and statute.) incident to please come forward on my behalf by contact- ing my public defender immediately: Lindsay P. Shuler EY-9595, SCI Mercer Mr. Brian Collins Defenders Association 1441 Sansom St. Philadelphia, PA 19102 JPAY PROCESS IS ILLEGAL 267-765-6373 or 215-568-3190 In response to the letters concerning the new JPay pro- My trial date is February 6, 2012, so I need to obtain cedure (Graterfriends, September 2010 and December statements as soon as possible. Your time, assistance, 2011): It’s without dispute this new process is unfair. and effort to clear me of this wrongful prosecution would However, the “unfairness” premise is unpersuasive. be truly acknowledged and gratefully appreciated! Change occurs through litigation. An objective examina- tion beyond the smoke and mirrors will manifest the ille- Thank you. gality of the JPay process concerning the money orders. Kevin Rex, #110801 It’s without dispute that money is property. Money sent Carbon County Correctional Facility 6 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 7. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 TEAM: TOGETHER EACH ACHIEVES MORE Does it really matter who’s responsible for the creation REPORTER WANTS TO HEAR of proposed Senate Bill 1153 (SB 1153)? The self- PRISONERS’ EXPERIENCES promoting aggrandizement among us keeps us wallowing in our own ignorance. While wasting time and energy on attributing responsibility, we continue to ignore the fact The Guardian, a UK-based newspaper, that, while helpful, SB 1153 is merely a mirage of hope. is running a series on American prisons and the impact of incarceration on indi- In an April 24, 2011, Philadelphia Inquirer article, viduals and communities. They want to Senator Greenleaf attempted to clarify the primary pur- pose of the 60-Day Rule, i.e. the 1995 Post Conviction hear from inmates, their families, prison Relief Act (PCRA) amendments. He said, “The primary guards, and anyone whose life has been purpose of the 60-day rule was to avoid frivolous appeals, impacted by the system of incarceration. which we were flooded with … The State Attorney Gen- eral requested the timetable.” Well, this is where our problem starts. Senator Greenleaf is a member of the If you would like to contribute to the se- legislature, while the attorney general is a member of ries, please write to the reporter’s address the executive branch of government. ASAP: The constitution of Pennsylvania establishes three sepa- Sadhbh Walshe rate, equal, and independent branches of government: the legislature, the executive, and the judiciary. Each branch The Guardian is granted certain exclusive rights and powers. The pre- PO Box 1466 sumption of constitutionality must give way when there is New York, NY 10150 any encroachment upon one co-equal branch of govern- ment by another. The complicit nature of Senator Greenleaf and then-State Attorney General Thomas W. Corbett’s apparent concession encroaches upon the sepa- rate, distinct, independent, and “exclusive” powers of the NEW SUPPORT GROUP FOR legislative and executive branches of government. WOMEN WITH INCARCERATED The 60-Day Rule is but a miniscule part of our problem, LOVED ONES! for it is merely subsection to a subsection under the PCRA, i.e. 9545(b) (1), (2). The legislature amended the PCRA to Life Support for Women with an In- enact a one-year time limitation to collateral petitions. A PCRA court is bound by the requirements of Section 9545, carcerated Loved One is a new sup- and can only entertain a petition for Post Conviction Relief port group for women looking for a safe if the petition is filed within one year of the date the judg- place to share feelings and concerns ment becomes final. This renders courts incapable of per- forming their constitutionally assigned duties beyond one about incarcerated family members. The year of the date judgment becomes final. group meets the first Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at According to Section 9545, the time of accrual com- the Pennsylvania Prison mences whether the injury is discovered or not. A defen- dant must not only scour the existing record for any is- Society: 245 N. Broad Street, 3rd Floor, sues (injuries), but also has the additional burden of rais- Philadelphia, PA 19107 (Race-Vine sta- ing any extra record claims that may exist. Many collat- tion, across from Hahnemann Hospital). eral appeals require further fact finding, extra record investigation, and where necessary, an evidentiary hear- ing. A defendant must perform this herculean task For more information: within one year of the date the judgment becomes final, except as otherwise provided by statute. • Mason Barnett, 215-564-6005, ext. 106 (Prison Society) The fame seekers can have their light. We simply want • Desiree Cunningham 215-758-5877 our freedom. or 215-787-2525 Sabree A. Sharrieff, (Support Group questions only) CC-3542, SCI Frackville 7 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 8. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 save much money – especially when Governor Tom Cor- bett’s current state budget calls for a 52 percent decrease Mailroom in education spending and an increase of $115 million for the DOC. George (Saleem) Griffin JK-5015, SCI Retreat WHY THE HASSLE TO GET OUR MAGAZINES? There is a rapidly growing trend of initially and sys- RE: HELP FOR NON-SMOKERS IN PRISON tematically denying minority inmates their “urban” pub- lications. Examples include Straight Stuntin’, Craze, In response to Mr. Buyna’s letter in the October issue Assets, and Gorgeous, among others. It may seem like a of Graterfriends about not liking the smell of cigarette small matter at the moment, given what’s going on in the smoke: Out of all the things that happen in prison you “real world” and compared to other hot prison issues, but complain about something we smokers enjoy and are if we keep allowing individuals to deny us our magazine permitted to do. Smoking is very common in our society, publications without just cause, what else will they start so give it a break. For you to say we are “hopeless ad- denying us? I hate to even imagine. No! The time is now dicts” is absurd. Thanks for labeling us. Maybe we to spotlight this issue, especially at SCI Coal Township. should raise a gripe over something you like and try to They are attempting to deter minority inmates from or- get it banned. We have a right to smoke if we want to. dering urban publications by consistently denying them You can very easily put in a request for a cellmate who is and forcing us to get their decisions overturned on appeal a non-smoker. Do so if it’s that much of a problem for from Camp Hill. you. There’s your solution. Maybe you could also take a look at the true nature of Graterfriends and realize it’s These publications do not contain nudity, depictions of not called Mr. Buyna and Friends. You can’t change violence or narcotics use. Let’s stand and unite in this other people, so focus on yourself. If you don’t like the common problem. smell of tobacco or cigarettes in general, then don’t Carl Hill, JR-5005 smoke and stay in your cell. Give us “hopeless addicts” Michael Peterson, GC-4660 our right to smoke, and you enjoy your glorious non- Walter Harris, GN-5486 smoking life. SCI Coal Township Russell J. Nelson JL-4723, SCI Forest Editorial note: We are checking with SCI Coal Town- ship for an answer regarding this issue. We will let you know what we find out. SMOKING INDOORS IS A CRIMINAL OFFENSE This is a response in opposition to Mr. Erwin’s repre- NEW POLICIES DON’T SAVE MONEY hensible response found in the December issue of Grater- friends. Mr. Erwin represents a selfish and egocentric I find it both ironic and disingenuous that the first two disposition of the prison tobacco puffing addict. Fact: new policies from the new Secretary of Corrections, Mr. Smokers are rarely seen smoking outside their cells, John E. Wetzel, are an inmate meal ticket and the reduc- mostly due to other inmates seeking freebies. Fact: Sec- tion from 10 to eight free envelopes a month. All this is ondhand cigarette smoke coming in the vents 24 hours a supposedly due to the DOC budget cuts – the very same day causes non-smokers to constantly sneeze, cough, DOC that recently paid Virginia and Michigan approxi- suffer from runny noses and eyes, burning eyes, nose and mately $42 million per year to house 2,180 Pennsylvania throat, swollen sinuses, and sleep deprivation, just to prisoners. Not to mention that you don’t need to be a mention a few adverse effects. Fact: the surgeon general certified public accountant to figure out that the lion’s has confirmed that secondhand tobacco smoke, even in share of the funds appropriated to the DOC goes toward small amounts, causes immediate and long-range physi- salary of the various staff members (guards, counselors, cal and psychological health problems to nonsmokers kitchen, unit mangers, secretaries, etc.). Yet when it who inhale the 3800 components and 43 carcinogens comes down to penny pinching, it falls on the backs of (poisons) found in tobacco smoke. Fact: It is a criminal the prison population. offense to smoke in your cell, pursuant to 35 P.S. §637.2, i.e., Clean Indoor Air Act, which carries a $250,000 fine Then, of course, there is the hypocritical aspect of these for the first offense, yet prison officials fail to even issue two policies: 1) the kitchen food staff actually throws misconducts to the offenders. Fact: The DOC is legally away food and gives the pig farmers more food than they liable for damages sustained from breathing in contami- provide to the population; 2) many men and women nated smoke-ridden air within the housing unit. throughout the DOC don’t use all or any of their 10 free envelopes every month. Therefore, when all is said and Jay Yunik done, neither of these two new oppressive policies truly EK-5560, SCI Fayette 8 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 9. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 GIVE SMOKING A REST pay two months up front and get someone to vouch that they’ll pay your rent if you can’t – or, according to jail I have to address the recent comments and misunder- officials, you need to have a job before leaving the jail. standings in October’s “RE: ‘Help for non-smokers in Prison.’” There was absolutely no intention to insinuate a You are entitled of course to a hearing for the technical personal attack on any one person; however, the person violation they hit you with for having no approved home who responded certainly staged a personal attack against place. But I’ve gone in front of my judge 13 times and me and the initial writer of the above mentioned article. have yet to have a proper hearing. And of course, Proba- tion refuses to ask the judge to sentence me – I’m home- None of the information in my letter was rhetoric. It less! If I get sentenced it gets appealed and kicked to the was certainly NOT insincere or grandiloquent language state courts, and nobody wants that! directed at any individual. I have asked to be sentenced. Allegheny Court of Com- “Dear Abby” is a syndicated columnist who has an ex- mon Pleas has yet to grant that request. I have filed for tensive background in valid information on major issues. a habeus corpus hearing, but they have ignored that as My criticizer failed to comment on the Environmental well. Numerous due process rights have been violated Protection Agency, the American Medial Association, the over and over. American Cancer Society, and a multitude of other organi- zations that I just didn’t mention, who all agree that to- The Public Defenders office in Allegheny County is bacco, smoke or smokeless, is a cancer-causing agent. Add worthless so you best have a good lawyer and lots of in all the fertilizers and chemicals used in the production money to get anywhere. Over half of my probation has of cigars, cigarettes, and chewing tobaccos, and users are been spent locked in total confinement at the Allegheny ingesting POISON. I want to see anyone defend that! County Jail. Smoking is NOT a right, but an option; often a cell- I’m homeless, I’m poor, I’m old. I’d like my freedom but partner is not an option, and a request slip is not going to it isn’t going to happen. change that. Any Class A carcinogenic is deadly to humans and animals. Most smokers who claim that they can quit Good luck. any time are in denial. They are addicted to nicotine. Since being incarcerated for over 30 years, I have spoken to many Edward C. Stout – and I mean many – addicts, and they all think quitting #109087, Allegheny County Jail smoking is harder than kicking a heroin addiction. Many have stated, “I wish I could quit, but I can’t.” Non-smokers do not need a “right” to protect them- selves from a poison that is being produced by willing FEDERAL PROBE WARRANTED smokers. I do not want a total ban on tobacco products. I do not want a U.S. Constitutional amendment banning In a recent article in the Philadelphia Public Record, tobacco products from society, either. I would rather they State Representative Ronald Waters said that the U.S. find a way to prevent wrongful convictions. Justice Department’s Civil Rights Division is opening a federal probe of Pennsylvania’s prison system. Although All I can say is quit smoking! Cigarettes cost too much, two specific prisons were identified, SCI Pittsburgh and and I know for a fact that they are not good for anyone. SCI Cresson, Rep. Waters intimated that the probe would eventually cover all the state’s prisons. Allan D. Buyna AP-8203, SCI Forest Pennsylvania is in dire need of an outside unbiased probe into the corruption and abuse toward prisoners at all the state’s prisons. Prisoners who have suffered hu- man rights abuse during their incarceration should con- KNOW THE TRUTH tact this federal agency with specific facts and documen- tation of the abuse at the hands of correctional staff. If you’re going to be returning to Allegheny County on Don’t let this opportunity pass. probation from the Pa. DOC and are in need of an accept- able home plan address for State Probation and Parole, U.S. Department of Justice plan on spending some time at the Allegheny County Jail! Civil Rights Division The Allegheny County offices of State Probation and 950 Pennsylvania Avenue, N.W. Parole automatically tossed me into the county jail after Office of the Assistant Attorney General, Main turning down my home plan 24 hours before I maxed out Washington, D.C. 20530 in 2009 and I’ve been here in county jail ever since. After a year of detention they are willing to put you in Forcus House, where you would share a room with two others, Dale Gardner each paying $450 a month. But to get that you need to BI-5107, SCI Albion 9 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 10. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 Think Mrs. GE-6309 About It Time by Reesy Floyd-Thompson WHAT ABOUT CHANGE? APPLE PANCAKES by Zechariah Thompson, HV-3696, SCI Albion My husband loves breakfast. We often ate breakfast for dinner, pancakes, eggs, juice — a full buffet. He also loves eating breakfast at Shoneys, sometimes just the I wake up in a ghost town, among a thousand men who two of us, sometimes with my family (my two sisters, have let themselves fade, including myself. We are their husbands, their kids, Mom, me). Actually, our first passed by guards as nothing but a number at their dis- wedding is at Shoney’s, goofing off with the family, me, posal. There is rehabilitation, but it is not in these places complete in a napkin veil. On every trip to his favorite that offer mostly deprivation of one’s needs and the bla- eatery, he had another one of his favorites — apple pan- tant degradation of one’s character. cakes (Ick!). I am a basic eater. I don’t like my foods to touch, nor do I mix flavors. Fruit is to be eaten as fruit, Men and women who failed in society’s clichés get not on top of, inside of, or mixed with anything else. thrown into these places. We are given rags to wear and Hand me an apple, I will eat it, put it on top of pan- miniscule wages for labor that pays well outside prison. cakes…not happening. I am a no butter, syrup only, kind We continue to keep these prisons up to code and we get of girl; butter pecan syrup, if I’m feeling adventurous. no recognition for it, just a pat down search afterward. All of this brings meaning to the terms “modern slavery” Since his incarceration, my family and I have been to and “oppression.” Furthermore, we are still paying for it Shoney’s several times. Despite an empty seat at the when we get released. table, his place is always filled. I keep at least one pic- ture of him with me at all times. Whenever we are all together at breakfast, I take out the picture, set it up on There are attorneys, ex-attorneys, and district attor- the table, and place a plate of apple pancakes in front of neys who have shows on television where they tell people it. We all take turns “speaking” to him. that we shouldn’t be thought about and that our cries shouldn’t be reckoned with. A lot of people on the receiv- At the end of last month’s visit, as my mom said her ing end are very — very —impressionable. They will goodbyes, I overhear her telling Nivens that his plate of probably never have a moment where they will under- apple pancakes is waiting. It’s my job to remember his stand that we’re not all evil and that we are buried alive! likes but for my mom to remember is akin to saying “We miss you.” In that moment, I feel as warm and gooey as those glazed, slathered apples. Well, ladies and gentlemen, we can keep thinking like this: Writing articles in prison publications; hoping one Whenever I have my version of pancakes, I think about day an agency will come and sanction these prisons’ the apple version and what it represents — a time when structures for corruption, misconducts, etc… Or, we can we were a complete family, when I didn’t have an empty start at the root of the problem. We can drop the cool seat beside me, when I didn’t have to speak for him, guy/tough guy complex and strengthen our noble quali- when our love was just sweet without the added bitter. ties. Let’s illuminate the creativity that lives inside us and strengthen our knowledge, so that we can gain wis- I look forward to breaking the fast of not having Nivens dom to pass on to future generations. Let’s stop trying to home. He lists a trip to Shoney’s on his upon-freedom-to- look good and sound right, and do good and be right. do list. This time a picture of him won’t be necessary be- cause Nivens will be with us and we will be complete. If we just took the time to close our mouths and open I want apple pancakes. our eyes and ears for a day, we can see and listen to the senseless conversations and see the narrow paths that people take. Once you have taken it in, you’ll then see Reesy Floyd-Thompson is the founder of Prisoners’ that our lives and our generation are in trouble. Wives, Girlfriends, & Partners (PWGP). For more infor- mation about this group, please write Reesy at: It starts with us. PWGP P. O. Box 14241 It ends with us. Norfolk, VA 23518 10 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 11. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 The mission can be accomplished by offering real leader- ship committees, self-help classes (such as job training, Pssst… reentry planning, parenting, communication skills, legal information, cultural studies, health and wellness, creative writing, and entrepreneurship), advanced activities, men- Pass the Word tor programs, building staff and inmate dialogue, outside guest motivational speakers, banquets, outside community feedback and involvement, and fundraising projects sup- porting the HFC and other charitable organizations. H.O.P.E. FOR C.H.A.N.G.E. This is an organization that I hope our younger brothers INMATE ORGANIZATION will join because they are our future leaders and their in- by Rodney Derrickson, CW-6633, SCI Forest volvement and ideas are needed in order to move forward. Real change takes a collective effort from all who really H.O.P.E. for C.H.A.N.G.E. (HFC) is a newly approved want to see change happen. inmate organization at SCI Forest. H.O.P.E. for Inspiration comes in many forms, and what better way C.H.A.N.G.E. stands for: Helping Other Prisoners Evolve than to join an organization full of positive people! for Confined Humans Aspiring New Goals Endlessly. I personally wish to thank SCI Forest’s administration The HFC is geared toward promoting social awareness, for its approval and support of the organization. growth, development, and change in one’s character and outlook on life through reentry and outreach programs, Special thanks to: Superintendent Debra K. Saunders, while improving the quality of life for SCI Forest’s popu- Deputy Superintendent for Facilities Management Eric lation and giving back to outside communities. Tice, and Deputy Secretary for Pa. DOC Randall Britton. SUPPORT REFORM FOR THE RIGHT REASONS sentative Thomas Caltigirone and Senator Stewart J. Greenleaf for their efforts to improve our system, as re- by Jeffrey Neal Saxberg, DX-5126, SCI Camp Hill ported in the Harrisburg Patriot on January 28, 2011. It’s with great dispirit that I write this article. Hungry Budgetary woes are fueling decisions hiding behind a minds are suffering malnutrition from those who sit high guise that they truly want to do the right thing. Was it upon their pedestal perches. These are the very same not our “hero” Senator Greenleaf that wrote and sup- people who, from electoral platforms, preached that the ported measures that put us in the situation we now find key to success is education. ourselves in? Why the change of heart, Senator? Our children are failed by society and its defunct sys- An explosive situation exists behind these walls and tem. Now these children find themselves incarcerated fences. Twenty years have gone by and we have done within our ever growing penitentiaries, lacking the skills nothing more than report deficiencies. Why do we con- they need to succeed in life. Created and run by people tinue to turn our backs on a problem — and most impor- that have yet to understand, prison alone cannot fix tantly — our children? We are still being led by the nose what the people have broken. down the same paths, knowing well the outcome. When crime is reported to have decreased on our streets, why is Pennsylvania leading the country in incar- Sucked dry by big government, you’re getting what you cerating its citizens? It costs less to educate, yet we con- paid for. Politics has no place here. District attorneys, tinue to build prisons and incarcerate. The State Judici- unions, and our legislators tell us they know what is best ary Committee reported these same things to the public for us and how to raise our children. Am I the only one in late 1990 during its witch hunt for those responsible who sees a problem here? for the Camp Hill, Rockview, and Graterford riots. The solution is simple. Support true reform for the Our legislators have fallen short by continuing to enact right reasons. Without education, we will repeat history. laws to increase prison terms. They ignore and reject Society needs to get involved and not react to false fears. proven and innovative solutions. Judges’ hands are tied Support term limits and exercise your right to vote those by these laws. The reason for this is nothing more than to out of office who do not get the job done! We have nobody advance personal positions and create profits for the elite. to blame but ourselves. Responding to a climate of fear, our get tough approach Time to put up or suffer the consequences. Those of us has proven to be a monumental failure. I find it ironic in here are not the only ones who need to take responsi- that Auditor General Jack Wagner praised State Repre- bility for our actions, or lack of them. 11 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 12. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 PHILAGRAFIKA PRESENTS Literary DOING TIME | DEPTH OF SURFACE Corner Spanish artists María Jesús González and Patricia Gómez have created large-scale prints, photographs and related videos during their artist residency at the now decommissioned Holmesburg Prison in Northeast Philadelphia. The artists, neither of whom has exhib- THE SACRED ROSE ited previously in the United States, have a collabora- tive practice grounded in art conservation; utilizing a by Bernie Ryan, AP-6058, SCI Mahanoy modified version of a technique known as strappo, they work primarily to preserve the surfaces of buildings — There is an old Native American belief that the veritable “skin of architecture” — by detaching a the Great Spirit in its infinite wisdom blessed wall’s paint with glues and fabric and transferring Mother Earth by creating colorful Roses for all that surface paint, in its entirety, to a new canvas. In occasions of the heart. This sacred flower of Philadelphia, they will work at the old Holmesburg the plant people is said to represent: Prison before it is demolished, creating large-format “printings” of drawings, paintings, and graffiti left by White Rose – True Love former inmates. Red Rose – Love and Passion Purple Rose – Love at First Sight The artists' prints are a physical archive of the Orange Rose – Desire prison cells — including paint, drawings and mark- Pink Rose – Friendship ings left by the inmates who lived there. The project Yellow Rose – Friendship and Joy culminated in the Depth of Surface exhibit at Moore Black Rose – It’s Over College of Art and Design. Holmesburg prison was built in 1896 following the Some Native American Elders say that the Roses are widely replicated wheel and spoke plan designed by soft-petaled messengers of the four winds: John Haviland for the Eastern State Penitentiary in with the power to express deep sentiments 1829. It was in use for nearly a century, finally closing without the necessity of spoken words. its doors in 1995. Thorns are Nature’s Bear Claws that defend Doing Time | Depth of Surface is on exhibit from a Rose’s awesome delicate beauty; January 28 through March 17, 2012, at Moore College while it’s heavenly perfume fills the air of Art and Design. It explores urban archeology and with reverence giving balance to both past lives of historic Holmesburg Prison and is the first life and death with a sweat alluring fragrance. project since the successful Philagrafika 2010: The Graphic Unconscious. For the Rose by its nature is truly a gift and blessing to two-leggeds on the For more information, visit Great Medicine Wheel of life http://www.philagrafika.org/gomez-and- for all occasions of the heart. Aho! gonzalez.html Constitution, continued from page 3 Evidence). The prosecution expressed its intentions to seek review by the U.S. Supreme Court of the Third Cir- prosecution’s appeal and issued their mandate with in- cuit’s decision. Now they are asking that I be detained structions to the Middle District Federal Court to issue until the outcome. There is nothing left for this court to the writ. The same day, my legal team petitioned the decide, other than if it wants to impose conditions for my Middle District Federal Court for my immediate release release that I volunteered to subject myself to. The U.S. on ROR/BAIL. In turn, the middle district court gave the Supreme Court grants review in one percent of the 8,000 prosecution two weeks to reply. As predicted, the prose- cases presented each year. cution waited to the last day to file. A stall tactic to stretch out my unconstitutional detention. The prosecu- Despite the prosecution’s unsubstantiated allegations tion stated I was a danger to society and a flight risk. of flight and concern for public safety, this court could fix This assertion is without basis. I have been judged inno- bail conditions addressing them. Close monitoring by the cenct, if anybody was a flight risk it was the prosecution. U.S. Marshal Service, up to and including electronic Under these circumstances, the court has no basis to monitoring, can certainly account for the prosecution’s withhold its grant of the writ. concerns. I state all of the above to say, if I’m entitled to Under the Federal Rules and Procedures, I fall under relief under the Constitution, why when I fall in that Unconditional Release (Unconstitutional Insufficient category does it not apply to me automatically? 12 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 13. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 Prolific artist Elizabeth Johnson contributes a beauti- ful image of an angel, which compliments her poem enti- Bookcase tled “Cora.” The angel, bathed in a beautiful glow, peers down, wings aflutter, her soft hand outstretched — “…as it snatched her daily hope from the ruins… …across the ragged edges of the rooftops- flying… flying… BECCARIA: A CHAPBOOK ANTHOLOGY flying away.” BY AJA BEECH Seven-year-old Devon Williams poses in his astronaut A LABOR OF LOVE AND LIFE suit. How could he have known that he’d now be orbiting in his own space — just be- Review by Reginald S. Lewis, AY-2902, SCI Graterford neath the Seventh Heaven? Poet Delbert Tibbs, a Death Row exoneree whose heart- The first image you notice is the half facial features of breaking story was featured an attractive young woman with smooth, soft, flawless in “The Exonerated” also skin, a cute little button nose, full, luscious pink lips, and makes an appearance here. stylish, flaming red hair. Against an aqua blue back In a prose poem that flows drop, a sparkling blue eye stares out hauntingly. Flip with musical assonance of over the front cover to the back and see dollops of bright surrealistic jazz, in “I Need a Poem” his pen croons: “For red and gold paint from the intricate patterns that com- the sick and the lame and the maimed in mind, for the plete the outlines of the hair, brow, nose, cheeks, mouth blind with eyes, for the deaf with ears, a poem of peace in and chin. Two images (the first of Dierdre Johnson, mur- war years.” dered by her fiancé; the second a painting of former death row inmate Marilyn Dobrolenski by Mary DeWitt) join at the book’s seam. And though we thank the Leeway Foundation for pro- viding the author with a small grant that made this an- In Beccaria, a chapbook anthology, poet/artist/activist thology possible, budget constraints prevented Ms. Beech Aja Beech brilliantly assembles a talented cast of death from reaching out to far more readers than she desired. row exonerees, family members of murder victims, death Perhaps a generous patron of the arts is willing to donate row inmates, and poets that recount stories of beauty, money, or a fund drive can be launched to make it possi- tragedy, loss, love, and innocence lost. We can hear their ble for more copies of Beccaria to be printed and distrib- voices — both near and far, far away. Children live and uted to schools, libraries, universities, teachers, and at- breathe in immortality. The grief of doting grandmothers risk youth. After all, we don’t have to wonder what other flies up from these pages and seeps into every crevice of powerful works of beauty Aja Beech could bless the uni- your being. verse with. In her beautiful essay, Jan Williams writes: “The grief of losing my boys isn’t something that I will ever ‘get Aja Beech is a poet and board member of Pennsylvani- over.’ I will always miss them and mourn the milestones ans for Alternatives to the Death Penalty. Beccaria was that I will never get to share… How do I put myself back made possible by a Leeway Foundation Art and Change together and figure out what to do next?” Grant, www.leeway.org. Education Behind Bars: A Win-Win Strategy for Maximum Security by Christopher Zoukis is the latest resource in the field of prison education. Over 500 pages, it is the most comprehensive title on the market. At $19.95, it is also the least expensive. To order, go to major online retailers like Amazon.com or BN.com, or write to: Sunbury Press 2200 Market Street Camp Hill, PA 17011 13 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 14. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2012 Wrongful Convictions, continued from page 2 RECOMMENDATIONS FROM true science” and cast aspersions on law enforcement. THE PENNSYLVANIA ADVISORY The independent committee acknowledged that adjust- COMMITTEE ON WRONGFUL CONVICTIONS ments and improvements can be made to benefit all citi- zens, but does not see the need for systemic changes to the criminal justice system. • A law requiring lineups and photo arrays to be conducted by someone who does not know who Many states, localities, and law enforcement agencies investigators suspect are adopting the proposed changes in the majority re- port. Across the country, eyewitness identification proce- • A law requiring the electronic recording of police dures are evolving in order to fairly prosecute the guilty interrogations and confessions and not implicate the innocent. • State, rather than county, funding of defense services State Senator Stewart Greenleaf recently introduced for the indigent, with adequate compensation for two bills to implement the committee’s proposals. Senate attorneys Bill 1338 would create a Committee on Conviction Integ- rity. This committee would look at any proven exonera- • Electronic recording of statements made to law en- tion case to determine what factors led to the wrongful forcement by informants conviction, and if changes to Pennsylvania’s criminal justice system could prevent future injustices. • Requirement of a hearing in capital cases before admitting testimony from an informant that is The other bill, Senate Bill 1337, calls for needed improve- ments to methods used by law enforcement. Many of these Incriminated by the accused improvements mirror those in the report from the Pennsyl- • Extension of the length of time to petition for post- vania Advisory Committee on Wrongful Convictions. conviction relief (the “60 Day Rule”) to one year When an innocent person is convicted of a crime he did not commit, we are all affected: the wrongfully convicted • A law requiring the accreditation of forensic labora- individual usually spends years in prison, the victim gets tories used in evidence collection no closure, and the public must deal with other criminal acts from a true perpetrator who escaped justice. • A statutorily created forensic advisory board Convicting innocent people is not a new phenomenon in • A law requiring the state to pay damages to those our society, but with efforts like these, it need not be a wrongfully imprisoned permanent reality. • A statute enabling automatic expungement of the criminal history record for those found eligible Marissa Boyers Bluestine is the Legal Director of the Pennsylvania Innocence Project. SUBSCRIPTION INFORMATION Support our mission and become a member! Receive Graterfriends and Correctional Forum for: Make a check or money order payable to $5 Prisoner $200 Patron The Pennsylvania Prison Society $10 Prisoner Family $250 Sponsor 245 North Broad Street, Suite 300 Student $500 Founder Philadelphia, PA 19107 $40 Regular Membership $1,000 1787 Society $100 Friend of the Society Prisoners may pay with unused postage stamps. Are you a prisoner who just wants Graterfriends? You may subscribe just to Graterfriends for $3. Name _________________________________________ Prisoner Number_______________ Institution _________________________________ Address ______________________________________________ City _______________________________ State _______ Zip ________________ Payment Amount _____________________________________ Payment Method _____________________________________________________ NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue. 14 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.