Archive | September, 2012

Majority of third-strike inmates are addicts, records show

30 Sep

Marisa Lagos and Ryan Gabrielson

Michael Macor/San Francisco Chronicle: Inmate counselor Vincent Russo talks about healthy relationships at an Addiction Recovery Counseling meeting at San Quentin State Prison in August.

 

Convicts imprisoned under California’s three strikes law are no more inclined to high-risk “criminal thinking” than other inmates, but are far more likely to be addicted to drugs and alcohol, according to data from the state prisons department.

The psychological, substance abuse and education profiles of thousands of inmates – obtained and analyzed by California Watch and the San Francisco Chronicle – reveal that the state imposes especially lengthy sentences on felons with substance abuse problems who have not necessarily committed violent offenses.

But according to their profiles, these inmates would pose no more a threat to public safety than a non-three-strikes inmate.

The never-before-released data could play an important role for critics and supporters of California’s three strike’s law, amid a dramatic year for criminal justice reform. Thousands of inmates are being transferred to county jails under a realignment plan championed by Gov. Jerry Brown, and voters are being asked to alter the state’s three strikes initiative with a ballot measure in November.

The act of judging a person’s criminal proclivity is steeped in a long and controversial history of guesswork and junk science. But modern social scientists and criminologists say California’s prisoner surveys ranking “criminal thinking” – which have been verified through rigorous studies of recidivism rates – are reliable tools to gauge risk factors and psychological makeups.

The data shows that about one-third of all prisoners – including second- and third-strikers – need cognitive therapy to deal with their criminal tendencies, the impulse that drives them to break the law. But the need for substance abuse rehabilitation is overwhelming among inmates serving two- or three-strike sentences.

Some prison reformers say the profiles show a vast need for additional money and focus on drug treatment programs. But for supporters of the state’s three strikes law, a person’s motivation for committing a crime is far less important that taking habitual criminals off the street for a long time.

Continue Reading @ California Watch

 

Felix Garcia Should Be Granted a Full Pardon

30 Sep

I first read about Felix Garcia on the Deaf In Prison Blog.  Then I started watching the videos that James Ridgeway (Solitary Watch blog) has put together from his interviews/visits with Felix. I was moved to tears. Another innocent, wrongfully convicted, wrongfully incarcerated- his life stolen from him. Felix happens to be deaf….can you imagine being in prison and not able to hear?  He  has been incarcerated now for 30 YEARS for a crime he did not commit. Read his story, watch his videos, and PLEASE sign his petition. He deserves justice and freedom…..

 

Felix Garcia Should Be Granted a Full Pardon

For over 30 years now, Felix Garcia has been serving time for a crime he did not commit. During that time, he has suffered every form of savage abuse imaginable. There is overwhelming evidence that Felix is innocent. Felix is an intelligent, compassionate, outgoing and brave man who has educated himself in prison, and who deserves his chance at building a life and contributing to society. Won’t you please help this wrongly convicted Deaf man get the justice he is so rightly entitled to?

 

>>>sign petition here<<<

read & watch videos: Deaf In Prison Blog

 

Case study: How can prison inmates prepare for success?

30 Sep

The big idea:A sizable group of potential workers — former prison inmates — faces challenges in securing employment. Can they overcome the stigma of past errors and skill deficits?

The scenario: John is looking forward to returning to his hometown in April. He worries that while he’s been away, he may have fallen out of step with the technical and real-world skills employers demand. He would like an entry-level job in an athletic apparel store; his long-term goal is to own a retail store.

Over the past 18 months, he’s made great changes in his attitude and outlook. He has picked up important technical classes and worked on his “soft skills” — public speaking and interviewing. John sees his first job as a path to his new career, his redemption. He knows there is another conversation to prepare for: Explaining his felony conviction for drug distribution, and why his past doesn’t define or determine his future.

About 566,000 ex-offenders leave prison and enter parole each year. An estimated 95 percent of the 2.3 million others in prison will eventually return to society. Once released, probation officers will work with them to reintegrate into daily life, to find work and a stable home — not easy steps.

John recognizes that the people who hire entry-level workers worry about the risks of employee turnover, the risks of loss from theft and the comfort of co-workers or customers with any new employee. These uncertainties are balanced against real investments in training. John knows that adding a past crime can tip the balance away from hiring someone who is otherwise qualified. So how can he transition to productive employment and then, ultimately, as an employer, business owner and taxpayer?

Continue Reading @ Washington Post

 

Deaf Awareness Week - Day 5 **Happy Birthday, Felix!**

29 Sep

Reblogged from deafinprison:

Click to visit the original post

The following is a letter that will be sent to the Attorney General, two influential cabinet members and the Governor of Florida regarding a full pardon for Felix Garcia. Those of you who have been following this site, know that Felix is an innocent Deaf man who has served over 30 years for a crime he never committed.

Here's the link to where you can go to sign this letter and the associated petition.

Read more… 554 more words

Damon Thibodeaux is the 300th DNA Exoneree!

29 Sep

Via The Innocence Project:

Damon Thibodeaux is the 300th DNA Exoneree!

Damon Thibodeaux, who has been on death row in Louisiana since October 1997, was exonerated of the murder and rape of his 14-year old step-cousin, Crystal Champagne, making him the 300th person to be exonerated by DNA evidence in the United States, and the 18th to have served time on death row.

 

 

Damon Thibodeaux was sentenced to death for the New Orleans-area murder of his half-cousin Crystal Champagne based largely on his recanted confession. Thibodeaux spent 15 years in prison for the crime before his exoneration through DNA testing on September 28, 2012.

The Crime

Fourteen-year-old Crystal Champagne was last seen alive on the late afternoon of July 19, 1996, when she left the family’s Westwego, Louisiana, apartment for a Winn-Dixie at the nearby strip mall. When she did not return home as expected, her family, several friends and law enforcement began a search for her that ended on the following evening with the discovery of her body along the levee in Bridge City. There was a piece of red extension cord around her neck and the right side of her head and face had been beaten. In addition, her shirt was pulled above her breasts and her shorts around her knees and ankles, suggesting a possible sexual assault.

The Confession and Trial

Thibodeaux was among the suspects brought in for questioning by police after the murder. He initially denied any involvement in the crime and agreed to take a polygraph. He was informed that he had failed the polygraph.

After additional hours of interrogation, he gave a recorded statement confessing to consensual and non-consensual sex with the victim and then to beating and murdering her. Only 54 minutes were recorded out of the entire 8 ½ hour interrogation. This confession was inconsistent with the crime in numerous details. After learning from detectives that the victim had been strangled, Thibodeaux confessed to using a white or gray speaker wire from his car. Thibodeaux was fed non-public details about the crime, but here he guessed incorrectly. He couldn’t have known about the red electrical cord, which had been burned off a section of cord found hanging from the tree above her body.

Although forensic examiners could find no evidence of semen in the victim’s body, a detective theorized that a sexual assault still could have occurred and that post-mortem maggot activity had consumed and degraded the evidence.

Additionally, two eyewitnesses testified that they saw someone pacing near where the body was found. They both selected Thibodeaux from a photo array and identified him in court.

Post-Conviction

In 2007, based on evidence of Thibodeaux’s innocence, the Jefferson Parish District Attorney’s Office initiated a joint reinvestigation with the Innocence Project and the rest of Thibodeaux’s legal team. The parties conducted multiple rounds of DNA and forensic evidence testing of the crime scene and other physical evidence and interviewed numerous fact witnesses.

The eyewitnesses who identified Thibodeaux as the man they had seen pacing near the crime scene had already seen Thibodeaux’s photo in the news media before taking part in the identification procedure. Moreover, they revealed that the sighting had occurred the day after the body was found, when Thibodeaux was already in custody.

DNA testing performed by Dr. Edward Blake and other forensic experts concluded that there was no evidence connecting Thibodeaux to the murder and that, contrary to Thibodeaux’s statement, the victim had not been sexually assaulted. DNA testing of the maggots revealed no evidence of semen. DNA testing on both Thibodeaux and Champagne’s clothing confirmed that he could not have been the perpetrator. DNA on the cord in the tree, which had tested positive for blood in the original investigation, revealed male DNA that did not belong to Thibodeaux.

The reinvestigation further confirmed that Thibodeaux’s confession was false in every significant aspect and included a thorough examination of the reasons why Thibodeaux had falsely confessed, including exhaustion, psychological vulnerability and fear of the death penalty. The prosecution’s own expert had concluded that Thibodeaux falsely confessed based on fear of the death penalty, but this information was never shared with the defense.

District Attorney, Paul Connick, Jr., joined the Innocence Project, the Capital Post-Conviction Project of Louisiana and the law firm of Fredrikson & Byron in agreeing to overturn Thibodeaux’s conviction and death sentence, and he was released in September 2012 after 15 years on death row and 16 years of wrongful incarceration as the 300th person exonerated through DNA testing.

 

Governor Brown signed–no more shackles!

29 Sep

Governor Jerry Brown signed AB2530, which means that pregnant women can no longer be shackled in California’s jails and prisons. For more information about what this means and what’s ahead, please see this blog post  by Karen Shain of Legal Services for Prisoners with Children.

This is an enormous victory–fought hard by many of our partners and allies.  We are so excited for that this step means, for women and families in California and beyond.

No more shackles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPORTERS OF JEREMY HAMMOND DEMAND BOND!

29 Sep

New York City Federal Courts: PROVIDE BOND FOR JEREMY HAMMOND

Petitioning New York City Federal Courts

This petition will be delivered to:
United States New York City Federal Courts

New York City Federal Courts: PROVIDE BOND FOR JEREMY HAMMOND

 

Jeremy Hammond is a longtime political activist and was arrested for allegedly hacking Stratfor. We feel he was targeted and set up by the State for his anti-war and anti-capitalist convictions. It has been 205 days since Jeremy has been arrested and incarcerated, and the state has still not issued a bond. We demand that Jeremy be issued a bond that is fair so that he can work on his case with his lawyers, instead of reviewing his case and working on his defense through bars.

Furthermore, we would like to see an end to the FBI raids and arrests on political activists. We know Jeremy is one of a great many in a history of state aggression towards people who speak up against injustice. Everyone has a right to dissent and protest, without threat of incarceration!

 

>>> click to sign here<<<

 

Report decries suicides, isolation cells in California prisons

28 Sep

An Amnesty International report says conditions in the state’s security housing ‘breach international standards.’ State officials rebut the findings. Many of the suicides occurred in isolation units.

By Paige St. John, Los Angeles Times
Alex MachadoAlex Machado, shown before his incarceration in 1999, committed suicide last year after being placed in solitary confinement at Pelican Bay State Prison.

 

For 11 years in California‘s vast prison system, Alex Machado didn’t stand out. Not until the day he was “validated” as a gang member and transferred to Pelican Bay.

There, in solitary confinement, he began to unravel, prison documents showed. He slept little. Hygiene became sporadic. He heard voices and knocking on the walls.

In 15 months, Machado went from being an inmate who helped others craft legal appeals to one who smeared feces on his cell. In October 2011, he killed himself.

California has more inmate suicides than any other state, a total that is rising even as its prison population falls. Almost half those deaths occurred in the system’s segregation cells.

According to an Amnesty International report to be released Thursday, conditions within the state’s security housing “breach international standards on humane treatment.”

“It would crush you,” said Tessa Murphy, an Amnesty International observer who was given unusual access to the isolation units at Pelican Bay and two other California prisons last November.

But California officials rebutted Amnesty’s findings, insisting the state’s security units “follow the national standard. They are clean. They are secure,” said Terri McDonald, who is in charge of prison operations for the California Department of Corrections and Rehabilitation.

She cited the constant monitoring of those units — the result of federal lawsuits over poor medical and mental healthcare in the state system. “We have not been inhumane,” McDonald said.

There currently are more than 3,100 inmates living in California’s maximum security segregation units, and thousands more in similar administrative segregation units.

The windowless, 7- by 12-foot cells at Pelican Bay exceed international space standards for a single inmate. The only way in or out is through a perforated steel door that looks out onto a concrete wall.

Except for an unknown number of prisoners who have cellmates, Amnesty International reported that there was no contact with other inmates and little interaction with the guards — who monitor them via closed circuit cameras, open doors with remote switches and push food through slots.

Segregated prisoners do not have access to rehabilitation programs, the report said. They are permitted to exercise 90 minutes a day, inside a concrete enclosure through which a slice of sky is visible 20 feet overhead.

Group therapy consists of inmates in individual holding cages lined up before a therapist; physicians examine ill inmates through the closed cell door.

According to state officials, the average stay in solitary confinement is 6.8 years — although California is set to begin a trial program next month that would allow compliant inmates out of isolation after four years.

But Amnesty International reported that at least 500 prisoners have spent more than 10 years in isolation. Seventy-eight inmates have been segregated for more than 20 years.

“There is no question … the conditions are among the worst in the nation,” Murphy said.

Continue Reading @ The LA Times

Cleve Foster has seen death’s door and lived to tell about it

24 Sep

What Cleve Foster remembers most about his recent brushes with death is the steel door, the last one condemned Texas inmates typically walk through before their execution.

“You can’t take your eyes off that door,” he said

By Michael Graczyk

But twice over the past year and a half, Foster has come within moments of being escorted through the door, only to be told that the U.S. Supreme Court had halted his scheduled punishment.

On Tuesday, Foster, 48, is scheduled for yet another trip to the death house for participating in the abduction and slaying of a 30-year-old Sudanese woman, Nyaneur Pal, a decade ago near Fort Worth.

It takes just under an hour to drive west from the Texas Department of Criminal Justice Polunsky Unit, where the state’s male Death Row inmates are housed, to the Huntsville Unit, where condemned Texas prisoners have been put to death for nearly a century. The last 485 have been by lethal injection; the first 361, from 1924 through 1964, from the electric chair.

On execution day, the condemned inmate waits, usually for about four hours, in a tiny cell a few steps from the steel door to the death chamber.

Foster, a former Army recruiter known to his Death Row colleagues as “Sarge,” denies his role in the murder. Prosecutors say DNA ties him to the killing and that he gave contradictory stories when questioned about Pal’s death.

“I did not do it,” he insisted recently from a tiny visiting cage outside Death Row.

Appeals again were pending in the courts, focusing on what his lawyers argued was poor legal help both at his 2004 trial in Fort Worth and by attorneys early in the appeals process. Similar appeals resulted in the three previous reprieves the courts subsequently have lifted, but his lawyers argue his case should get another look because the legal landscape has changed in death penalty cases.

“I don’t want to sound vain, but I have confidence in my attorney and confidence in my God,” he said. “I can win either way.”

Execution day

Pal’s relatives haven’t spoken publicly about their experiences of going to the prison to watch Foster die, only to be told the punishment has been delayed. An uncle previously on the witness list didn’t return a phone call from The Associated Press.

Foster, however, shared his thoughts of going through the mechanics of facing execution in Texas — and living to talk about it.

The process shifts into high gear at noon on the scheduled execution day when a four-hour-long visit with friends or relatives ends at the Polunsky Unit outside Livingston.

“That last visit, that’s the only thing that bothers me,” he said. “The 12 o’clock-hour hits. A dozen or so guards come to escort you.”

By Foster’s count, it’s 111 steps to the prison gate and an area known as the box cage. That’s where he’s secured to a chair for electronic scrutiny to detect whether he has any metal objects hidden on his body.

It’s the legacy of inmate Ponchai Wilkerson. Wilkerson, asked by the warden if he had a final statement after he was strapped to the death chamber gurney for execution in 2000, defiantly spit out a handcuff key he had concealed in his mouth.

“You’re in handcuffs, you’re chained at the ankles, they give you cloth shoes, and you have to shuffle to keep them on,” Foster said.

As he waddles the 111 steps, he gets acknowledgement from fellow prisoners who tap on the glass of their cells.

Continue Reading @ Star Telegram

Sign Sarge’s Petition click here: http://www.change.org/petitions/governor-of-the-state-of-texas-stop-the-execution-of-cleve-foster

 

 

US Juvenile Justice System Inhumane, Breeds More Crime

23 Sep

In 2001, Grace Bauer’s 13-year-old son Corey was sent to what many considered to be the worst juvenile prison in the country.

BY Ashley Portero

Corey was sentenced to five years in Office of Youth Development custody by the Louisiana Department of Corrections for breaking into a pickup truck and stealing a $300 radio. It was the  first criminal conviction for the Honor Roll student, and the event that would skew the direction of the rest of his life.

“He probably weighed 90 pounds soaking wet when he was sent to Tallulah,” Bauer said, referring to Louisiana’s infamous Tallulah Correctional Center for Youth, which was forced to close its doors in 2004, after horrifying reports of life inside of the prison led to the passage of the state’s Juvenile Justice Reform Act.

That was the beginning of a life that would be spent in and out of the prison system. Corey’s story, said Bauer – who is now the co-director of the advocacy group Justice for Families – is a perfect example of how the United States’ juvenile justice system has done more to contribute to the nation’s so-called “school to prison” pipeline than it has to actually rehabilitate troubled children, something outlined in a new report from Justice for Families and DataCenter.

The report, based on more than 1,000 surveys with parents and family members of incarcerated youth, describes a juvenile criminal justice system that rips minors away from their homes to make them wards of the state, where they are often subjected to traumatizing physical and sexual abuse, discrimination and isolation.

Those experiences only make them more likely to commit another crime.  In fact, within three years of release, up to 72 percent of juvenile offenders are convicted of a new crime, according to a 2011 analysis from the Annie E. Casey Foundation, a charitable organization for disadvantaged children. There have been persistent reports of maltreatment in at least one state-funded institution in nearly half the states analyzed, according to Justice for Families, which found an astounding one in eight confined youth reported being sexually assaulted by staff or other minors during their incarceration.

The families of youth offenders, Bauer said, are often viewed as part of the problem — after all, they must have done something wrong to raise children incarcerated before their 18th birthday. But, according to the report, families are a crucial part of the solution.

Juvenile Confinement Increases Odds of Adult Imprisonment

Corey Bauer, now 24, is in the middle of a 12-year sentence in Maryland’s Roxbury Correctional Institute for holding up the pizza restaurant where he worked, with a toy gun.  Since his initial arrest at the age of 13, Bauer said her son has only spent a total of six years outside of prison.

“These kids come out with so many challenges and they are never taught how to interact normally so they can go back to school, get a job and generally function on the outside,” Bauer said.

US Juvenile Justice System Inhumane, Breeds More Crime: Report

Of the families surveyed by Justice for Families, 69 percent said it was either “difficult” or “very difficult” to get their child back into school following their detention. While some of that can be attributed to the stigma of having been through the youth prison system, many families said much of the challenge stems from an almost unbelievable lack of communication. It’s so bad they often do not even know when their child is being released. “Kids are told, ‘It’s your release day. Grab your clothes, it’s time to go.’ This is poor planning on the part of systems and only sets the kids up for failure,” said a California parent cited by the report.

As it stands, three-quarters of the respondents said they faced serious impediments to visiting their children in juvenile facilities, making it even more difficult for them to evaluate living conditions or their child’s physical and emotional well-being.

Grace Bauer knows that from personal experience.  It took her weeks to see her son after his first arrest, when he was transferred to Tallulah. Once she was actually able to see him, she found him emaciated and covered with bruises that had been inflicted during a hazing by prison guards. At one point, Corey was held down in a cell and raped by another youth, while guards reportedly stood outside the cell and made bets on who would “win” the fight.

“One of the teachers allowed in said Corey stuck out like a sore thumb. She said he seemed like he was on the verge of a mental breakdown from the fear, anxiety and isolation,” Bauer said.

But once he was released, Corey was unable to receive mental health treatment for post-traumatic stress disorder because his family could not afford the cost of care. Because at least half of juvenile offenders  come from low-income households, most of them do not receive the medical or rehabilitative care they need to successfully re-enter society once they are released from state custody.

And in fact, most youth offenders aren’t even arrested for violent crimes.  In 2009, the most recent year for which statistics are available, juvenile arrests for violent offenses fell to the lowest level since at least 1980. The U.S. Department of Justice reports most of the arrests stemmed from property crimes such as burglary, larceny, motor vehicle theft and arson. Black youths, according to the source, “were overrepresented” in juvenile arrests that year.

Continue Reading @ IB Times

 

Follow

Get every new post delivered to your Inbox.

Join 12,891 other followers

%d bloggers like this: