I find it an honor to be amongst this class of solid members who continue to refuse to compromise or/and debrief under any circumstances nor allow our minds to play tricks on us. It has been a continuous struggle fighting against the obstacles CDCR officials, IGI, ISU, SSU alike with their SNY’s now referred as designated program yard in attempt to derail positive progress.
Now we are up against an even more deadly beast called COVID-19 that data showing it is largely attacking and killing the Afrikan American and minority population that’s at a higher risk who suffering from hypertension, diabetes, cancer, sleep apnea, etc. Many of us like myself suffer from all these diseases listed as a high risk under COVID-19.
A lot of prisoners here including myself recently had our CPAP machine confiscated due to the COVID-19 virus. It’s being a lot of hype from some politicians lifers convicted of a violent offense should not be released under COVID-19.
Governor Newsom must be reminded of the longstanding undisputed data (record) elderly 60 & over serving a life sentence only has a 1% recidivism rate of returning. The older you are make us less likely to reoffend and less of a danger to public safety.
Here something overlooked or/and being ignored by CDCR/Board.
All of us released from the SHU by DRB under Step 4 and Step 5 were documented by DRB / Classification as inactive under a 12-months observation. Inactive is defined by CDCR officials as not being involved in criminal gang activities. Even when they later changed it to current activities. It still meant not involved in any current criminal gang activities. Their own language and definition make us a low-risk to moderate.
Let’s take it a step further at one time when some prisoners were completing the earlier step down programs. CDCR officials were handing out Rehabilitative Certificates stating folks completed their step down.
Those were certificates printed up by CDCR officials.
Next point: many of us under our sentences already got our max time served, which means, legally the board has no authority to hold us past our maximum term, which means: a period grossly disproportionate to his or her individual culpability for the commitment offense.
Case in point: the California Supreme Court in Danneberg has acknowledged:
“Section 3041(b) can not authorize such an inmate’s retention even for reasons of public safety beyond the constitutional maximum period of confinement.”
Turn to in Re Palmer II 33 CA, 5th 1199 (April 5, 2019), the court said prisoners may bring claims directly to the court through petitions for habeas corpus if they believe because of the particular circumstances of their crimes, that their confinements have become constitutionally excessive as a result. We can presently cite in Re William Palmer II 33 CA 5th 1199 as precedent in the pleadings.
There’s no time under COVID-19 to go through normal habeas corpus channels. Food for thought here under compassionate release provision section PC 1170(e)(a) read in part, the court shall have discretion to resentence or recall if the court finds that the facts described in subparagraph (a) and (b) exist.
The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within month as determined by a physician employed by CDCR.
Now the court said in order to ensure that such cases may be resolved fully and expeditiously we urge any party or counsel appealing under section 1170(e) to advise the appellate court at the earliest possible time of the nature of the issues on and date which a medical professional determined the defendant had no more than six months to live and to seek calendar preference (Cal. Rule of Court Rule 8.240).
My point for bringing this up, under this COVID-19, we can use to expedite hearings and releases for all of us meeting the high-risk of this deadly COVID-19 deadly no curable virus. Our fight continues. Each one, teach one.
These men, known as the “four main reps,” Todd Ashker, Arturo Castellanos, George Franco and Sitawa Nantambu Jamaa, conceived, planned and led the historic 2011-2013 California mass hunger strikes that drew 30,000 participants at their peak, according to CDCr’s own records.
Introduction by Laura Magnani, American Friends Service Committee
What follows below is an update from the leadership of the 2011 and 2013 California Prison Hunger Strikes against indefinite solitary confinement and other mistreatment across the California Department of Corrections and Rehabilitation (CDCr), the world’s largest prison system. These “reps” had been in solitary for decades and sought to draw attention to their plight through a series of non-violent hunger strikes, two in 2011, the first drawing 6,600 participants statewide, the second 12,000, and a third in 2013 that drew 30,000 participants, the largest prison hunger strike in history.
In 2012 the Center for Constitutional Rights, along with several other prominent California prison rights attorneys and organizations, formed a team, partnered with a representative group of 10 Pelican Bay SHU prisoner plaintiffs and filed a lawsuit on May 31, 2012. The lawsuit, Ashker v. Brown, charged that California’s practice of indefinitely isolating prisoners in solitary confinement violated U.S. Constitution protections against “cruel and unusual punishment” and guaranteeing “due process.” In the same year, the four reps and several other SHU prisoner reps issued the Agreement to End Hostilities.
A third hunger strike began July 8, 2013, and ended 60 days later making solitary confinement a major issue across the United States. All major U.S. newspapers’ editorial pages had at least one condemnation of the practice in the weeks that followed. The third strike ended when the California State Senate and State Assembly committees overseeing prisons held unprecedented joint hearings that outlined promises of major change.
On Sept. 1, 2015, a landmark settlement was achieved in Ashker v. Brown ending indeterminate solitary confinement in California prisons and allowing the legal team to monitor the California prison system to ensure compliance. This month, February 2020, the four reps have issued this update on their situation.
by the ‘four main reps’: Todd Ashker, Arturo Castellanos, George Franco and Sitawa Nantambu Jamaa (names listed in alphabetical order)
A shout out of solidarity and respect to all class members and prisoners across the state. As the four reps, we felt a public report on the current state of California prisons from prisoners was overdue.
As leadership of the 2011 and 2013 California Prison Hunger Strikes that captured the attention of the nation and the world on the role of solitary confinement in United States prison systems, particularly California, we four prisoner reps became recognized as speaking both for the Ashker class, former Pelican Bay SHU prisoners, but also more broadly in many respects for the entire California prisoner class.
California’s prison system, the largest in the world at that time, was the also the greatest abuser of long term solitary confinement. We were housed in the Short Corridor of the notorious Pelican Bay Super Max SHU (Security Housing Unit) and, as all Short Corridor prisoners understood, the only way out of that isolating tortuous hell was to “parole, snitch or die.”
We decided standing up together, asserting our humanity even at the cost of our own lives, was better than rotting and dying alone in our concrete tombs. Nonviolent united action was the only path that made sense; our only avenue to act was a hunger strike. It took widespread unity, preparation and work among us prisoners, but also work on the outside by our families, friends and a growing list of supporters across the state and the country.
Without prisoners speaking about our conditions of confinement, the public narrative about imprisonment and mass incarceration is missing a critical voice – our voice, the incarcerated. We are the first-hand experts on the daily experience of being caged in prison generally and the trauma of extreme isolation.
All other experts collect data, do studies, view our experience without living it. Many, not all, are our oppressors. Their expertise is not about what incarceration is like, but why we and so many millions of people in the U.S. should be imprisoned. No voice has more expertise about the experience and impact of incarceration than the voice of prisoners.
No voice has more expertise about the experience and impact of incarceration than the voice of prisoners.
Here we make five points:
First. Prison in the United States is based on punishment, not rehabilitation. The United States has the largest prison population in the world and the highest percentage of a state’s population housed in cages. We are held in punishing ways that cause fear, emptiness, rage, depression and violence. Many of us are more damaged when we leave prison than when we entered.
According to the National Reentry Resource Center, a high percentage of state and federal prisoners will be released back into society. National statistics indicate that there is a high rate of released prisoners returning to prison. All of those who leave are older, some smarter, but all of us are less able to be productive in the society at large or good for our communities or our families. It is very hard for former prisoners to get jobs.
Prison presents an opportunity for society to rehabilitate or help people. Many of us could use support services. That opportunity is lost and buried by a vindictive ideology of punishment.
Rather than us being hypervigilant, concentrating on violence, dangers, our fears and rage, prison could be a place to engage our minds in useful jobs and job training, with classrooms for general learning, training in self-awareness and understanding, anti-addiction approaches. Instead, we are mostly just warehoused, sometimes in dangerous yards with angry, frightened, vicious guards.
California’s Gov. Newsom has the opportunity to help institute a massive prison reform movement.
Second. California likes to think of itself as a progressive national leader, yet in sentencing California is among the harshest in the nation. In California, a life term is given for second degree murder. Second degree murder is a non-premeditated killing. Only 17 states are that punishing. Two thirds of the states and the U.S. federal system give a flat 15 years.
The U.S. Supreme Court has said that evolving standards of society’s decency should create a national consensus on sentencing standards. Our prison journeys begin in those courts. We four reps of the California prison class call for reform in sentencing. Massive money could be spent for education, training and jobs here and in our communities rather than on caging human beings to harm rather than help us or society.
Third. The trauma we experience in these overcrowded institutions with a culture of aggressive oppression, as if we are violent animals, is harmful and breeds violence. We prisoners should not join in our own oppression. It is not in the interest of the prison class to buy into promised rewards for lying on other prisoners.
The use of lying confidential informants is widespread and legendary in California prisons and jails. We see even among ourselves, who have great active lawyers ready to pay attention to our situations, just how regularly vicious retaliation, evil lying and disregard of our medical needs occurs. Broadly among the California prisoner class, there is mistreatment, horrid isolation, medical disregard, terrible food, cells that are too cold, too hot or too damp.
The history of positive social change demonstrates that when those who are oppressed stand together – as a group, a class – against that oppression, change can happen. Our own experience with eliminating endless solitary confinement in California proves that.
We need to stand with each other, behaving respectfully, demanding respect and not turning on our fellow prisoners for promises of crumbs. We four reps stand for major prison reform that helps us, not harms us, that betters society, not makes it worse.
California’s Gov. Newsom has the opportunity to help institute a massive prison reform movement.
Fourth. We four reps are for the principles we outlined in the Agreement to End Hostilities, the cessation of all hostilities between groups. We called on prisoners throughout the state to set aside their differences and use diplomatic means to settle their disputes.
If personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues. We encourage all prisoners to study the Agreement to End Hostilities and to try to live by those principles to seek your support to strive together for a safer prison environment.
We are not there yet. Dangerous cross-group hostility remains. What we experience in California prisons is not just developed in prison but is also widespread and supported in free society. Racial antagonisms, ghettoized housing, separation, institutionalized racism and promotion of beliefs of each other as less than human, as stupid, as criminal barbarians can cause us to fear and hate each other.
It does not serve us or society well. There are no easy ways to challenge these deep American divisions; forcing us together in joint yards, visiting rooms or classrooms will lead to violence and deepen the danger.
We four reps especially call out and stand against 50/50 yards. We oppose forced mixing of hostile groups where mortal enemies are forced together; 50/50 yards are dangerous and will make things much worse by causing fresh horrific encounters. No matter the policy’s intention, the state is responsible for our safety and wellbeing while we’re living under its jurisdiction.
We are entitled to respect and safety. We seek what we are entitled to. The 50/50 yards as a CDCr policy provokes violence. At this time, we endorse separate yards, separate programming and separate visiting.
We also call on California leadership, Gov. Newsom and the State Assembly and Senate to implement policies that encourage and grow support for the Agreement to End Hostilities that do not include 50/50 yards or forced interaction, but rather engage our minds and energy with productive jobs, education, training – major prison reform to a genuine rehabilitative system.
Fifth. The guard culture, especially in the yards, is vicious and provocative. Here where we live, the guards do not care about our safety. The guards get extra pay when there is violence; it is in their financial interest to promote it. Not surprisingly, guards regularly provoke disputes. Many enjoy the resulting violence.
California Correctional Peace Officers Association (CCPOA), the powerful guards’ union, is led by men who for the most part consider prisoners less than human. The CCPOA by their network and behavior supports the use of set ups, targeting, lying and isolation for random punishment. This intentionally causes widespread fear.
California Correctional Peace Officers Association (CCPOA), the powerful guards’ union, is led by men who for the most part consider prisoners less than human.
The CCPOA as one of the most politically influential organizations in California and holds many righteous political leaders hostage. The CCPOA members benefit with large overtime pay bonuses from violence and lockdowns.
Only if prison reform becomes a widespread demand of California voters can the influence of CCPOA be challenged. We need our families, friends and communities to build and extend our allies and develop strong support to vote for politicians who recognize our worth and are for widespread serious prison reform and an end to brutal warehousing that endangers society every day.
CDCR and California itself are legally responsible and accountable for prison conditions. Neglect does not free them of state institution responsibility for those in their “care.” The guards’ union should not be permitted to purchase power for abuse.
California citizens need to vote for prison rehabilitation as a priority: money for teachers, instructors, prisoner jobs instead of lockdown overtime and more guards.
Finally, we close with an update on our legal challenge. Our class action constitutional challenge to long-term solitary confinement was filed in May of 2012. We won a landmark settlement on Sept. 1, 2015, that resulted in thousands of people being released from SHUs across the state.
The settlement also gave us and our legal team the right and responsibility to monitor whether CDCr is following the requirements of the settlement for two years. That monitoring period was set to end in 2017, but in January 2019, U.S. Magistrate Judge Illman granted our motion to extend monitoring of the settlement agreement based on ongoing systemic constitutional violations in CDCR’s use of confidential information and in its reliance on past gang validations to deny parole.
Magistrate Judge Illman’s order extended our monitoring for 12 months. CDCr appealed and asked the court to suspend monitoring pending the appeal outcome. U.S. District Court Judge Wilken intervened and allowed us to continue monitoring pending any appeal outcomes.
When those who are oppressed stand together – as a group, a class – against that oppression, change can happen. Our own experience with eliminating endless solitary confinement in California proves that.
Our legal team has two pending appeals that CDCr has filed seeking to overturn the lower court orders in our favor. One appeal covers the extension of the monitoring as discussed above; the other covers enforcement of the settlement agreement regarding conditions of confinement in Level IV prisons and the RCGP (Restricted Custody General Population) unit.
As our legal team continues to monitor implementation of our settlement agreement, they are looking closely at how CDCR uses confidential information to place and keep validated and nonvalidated prisoners in Ad Seg (Administrative Segregation) and RCGP for long periods of time and sentence people to SHU for bogus RVRs (Rules Violation Reports). They are also trying to keep track of how validations continue to impact us, especially when we go before the parole board.
If you have any information about any of these issues, although they cannot respond to every letter, please write our team at: Anne Cappella, Attorney at Law, Weil, Gotshal & Manges, 201 Redwood Shores Pkwy, Fourth Floor, Redwood City, CA 94065.
In closing, we remind all of us prisoners and supporters that we are human beings who have a difficult shared experience. We have a right to our dignity, even inside these punishing walls. We present an opportunity to make society better rather than meaner.
We ask all prisoners to stand together, read and act within the principles of the Agreement to End Hostilities, whether you are in Ad Seg or RCGP or General Population, see yourselves as part of an international Prisoner Human Rights Movement.
We four prisoner reps send regards and recognition to each of you as fellow human beings who are entitled to fairness, dignity and respect. We send our respect to all our brothers and sisters incarcerated anywhere with hopes for genuine rehabilitative programming, jobs, education and training in this coming year.
We send our greetings to all the friends, family and communities from which we come, to all our allies in the general society, and we send our hopes for an understanding of the opportunity California has to again be a leader in reform to make the world a better place with so many of us who need help gathered together in state institutions.
We send extra love, support and attention to our Brother Sitawa Nantambu Jamaa, who is experiencing challenging health issues. Our Brother Sitawa sends his extra love to all those prisoners, prisoners’ families and general supporters of the International Prisoner Human Rights Movement.
The authors requested the Agreement to End Hostilities be appended to their statement.
by Keith ‘Malik’ Washington and Nube Brown of the Liberate the Caged Voices Coalition
Peace and blessings, sisters and brothers!
Sitawa Nantambu Jamaa during a visit in Sept. 2019
There is a saying among the Muslim brothers: “Want for your brother what you want for yourself.” In the case of Sitawa Nantambu Jamaa, principled thinker, leader, brother, son and community member, we want freedom for him.
Last year in July 2019, Malik was granted parole by the Texas Department of Criminal Justice. In July 2020 we want to see the Parole Board in the state of California grant our Brother Sitawa his freedom when he goes before the board after five previous denials and 39 years of captivity, 32 of those years spent in solitary confinement.
It is not just a plea based solely on Elder Sitawa’s physical health. He is of a particular class of politicized prisoners subjected to decades of the torture of solitary confinement seen only in California, with rare exceptions in other states such as the decades of solitary endured by the Angola 3 in Louisiana.
And yet, Sitawa remains a stellar example of what positive transformations a human being can undergo in the most inhumane environments. Sitawa inspires us!
Many people fail to recognize that Sitawa, along with three other strong and principled leaders of the Pelican Bay Short Corridor Collective, inspired 30,000 courageous prisoners, who, in their struggle for freedom from the torture of solitary confinement – or the threat of it – chose to shun violence and rather embrace a peaceful strategy in order to bring about much needed change in CDCr (California Department of Corrections and rehabilitation) by implementing the powerful tenets of the Agreement to End Hostilities, an agreement that holds today, despite non-cooperation by CDCr.
Rather than being systematically punished for his leadership and commitment to the community on both sides of the wall, Sitawa should be rewarded with freedom and the opportunity to thrive and empower the community from which he was taken and show the world he is undaunted in his quest for change and peace.
We cannot and will not remain silent while CDCr uses a “death by incarceration” tactic on Sitawa and numerous other elders and leaders trapped in state prisons all across the United States.
Sisters and brothers, we suggest strongly that this should be our battle cry in 2020 for all incarcerated elders. Sitawa is a human being who deserves and has earned not just a national show of support, but an international freedom campaign, and we plan on helping to lead the way! Will you help us?
We leave you all with a quote from Victor Frankl that we would like all of you to meditate on – with the hope that it resonates in your heart, mind and soul. Perhaps it will motivate you to join this Freedom Campaign today:
“We must never forget that we may also find meaning in life even when confronted with a hopeless situation, when facing a fate that cannot be changed … for what then matters is to bear witness to the uniquely human potential at its best, which is to transform personal tragedy into a triumph.” – Victor Frankl, “Man’s Search for Meaning,” Washington Square Press, New York 1969
I, Malik, have faced the reality that being an outspoken New Afrikan man in Amerika means I must accept being despised and hated. How I respond to the hate is totally up to me! Today I choose a path of peace and love.
Activist Nube Brown says that love is the most powerful force in the universe. Let’s see if we can collectively tap into the power of love and encourage the state of California to FREE SITAWA in July 2020.
Meanwhile, as we organize the campaign and Brother Sitawa recovers from a stroke, please send him some love and funds, to Freedom Outreach, c/o Marie Levin for Sitawa, Fruitvale Station, P.O. Box 7359, Oakland CA 94601.
Dare to Struggle, Dare to Win! All Power to the People!
Keith “Malik” Washington is assistant editor of the Bay View, studying and preparing to serve as editor after his release in 2021. He is also co-founder and chief spokesperson for the End Prison Slavery in Texas Movement, a proud member of the Incarcerated Workers Organizing Committee and an activist in the Fight Toxic Prisons campaign. Visit his website at ComradeMalik.com. Send our brother some love and light: Keith “Malik” Washington, 34481-037, USP Pollock, P.O. Box 2099, Pollock LA 71467.
Nube Brown is a New Abolitionist and activist working with California Prison Focus and facilitator of Liberate the Caged Voices. She is actively co-leading the Free Sitawa! Campaign to promote the Prisoner Human Rights Movement and hosts Prison Focus Radio on KPOO 89.5 San Francisco and KPOO.com every Thursday 11:00 to noon. Nube is a proud member of the human race and seeks to dismantle the prison industrial slave complex and replace it with a transformative, healing justice paradigm. Connect with her at firstname.lastname@example.org.
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