Lost in time: Lift up our brother Sitawa and strike down indefinite incarceration

by Mutope Duguma

Published earlier on the SF Bayview and on Sitawa.org

It’s always hard to stomach news that is disheartening. To hear that a brother and comrade has suffered a stroke after spending countless years in solitary confinement, as well as being held on an indefinite sentence for an alleged crime he did not commit, is even more disheartening.

I need not stress the sorrow that is felt amongst the whole prison

Sitawa Nantambu Jamaa in July of 2018

population for our brother Sitawa Nantambu Jamaa, who, along with countless fearless prisoners, pioneered our Prison Human Rights Movement (PHRM) to the world’s stage. We continue to see men and women incarcerated far too long – beyond anyone’s imagination – and continue to be held indefinitely.

Our beloved brother Sitawa is amongst this class of men and women. The inhumane treatment of prisoners must end.

Our brother Sitawa and many others have suffered enough and should not continue to do so based on being given a life sentence that equals a civil death. Prior to 1968, under original Penal Code Section 2600, California prisoners suffered complete civil death, which means prisoners were stripped of all civil rights.

The prison system is actually covertly executing all of its lifers. The United States is the only country in the whole world that incarcerates people indefinitely – forcing them to spend the rest of their lives in prison. Men and women have been incarcerated for 35 years or more.

Many of these people are lost in time. They came to prison as youth in their teens and early 20s in the ‘60s, ‘70s and ‘80s. Yes, many of them were immature, many had no real direction, but they all became adults in the Amerikan prison system.

At present these prisoners, Baby Boomers, most of whom have survived decades of incarceration, are now between the ages of 60 and 80. Many of these senior citizens are wheelchair-bound or use assistive devices such as walking canes.

Like most seniors, many are on special medications, require special medical therapy for seniors, and suffer from aging illnesses of various sorts. I hear some say that a few manage to get around good at 70 years young.

Many say, yes, they should be in prison, and that may be true in some cases. Given the things they did in society, the way they carried themselves in the youth of their lives was utterly wrong and disrespectful, but that was decades ago when they were young! Decades!

They are now older, mature, grown, senior adults, who have fulfilled all requirements from various parole boards around the U.S. Multiple prisoners have complied with all laws, rules and regulations of the prison and carried themselves as role model human beings and in many cases have done so for decades.

Still, many of them are forced to remain in prison when the maximum amount of time on their sentence has long since expired. This is terrible and extremely cruel to force rehabilitated human beings to remain in bondage and especially when statistics clearly show that 90 percent of them are not returning to prison once released.

Sadly, 89 percent of prisoners across the US are Black and Mexican. From 1619 through the 1800s, the chattel slavery plantation concept lurks in the shadows like the Wizard of Oz.

This “behind the scenes” type strategy involves money laundering exclusively into white rural areas under the Prison Industrial Slave Complex (PISC). (That’s where prisons were built during the height of mass incarceration, in small rural communities that had lost their economic base, where people were so desperate for jobs, they were willing to work in a prison. These were white communities with deep prejudice toward Blacks. – ed.)

Many of us may very well die in these man-made tombs. It should be stipulated that these deaths are in clear violation of the Eighth Amendment of the US Constitution, which prohibits cruel and unusual punishment.

The suffering is indefinite where there exists no end to the punishment. Many have died, and many will continue to die where there is no remedy to resolve the cruel and unusual treatment of prisoners.

We must resist to end this cruel and unusual treatment of human beings and encourage our brother Sitawa, who is fighting for his life. We will fight for his freedom and the freedom of the thousands of men and women lost in time.

One Love, One Struggle,

Mutope Duguma

Sitawa is recovering from a major stroke. Send him some love and light (Sitawa is currently housed near San Diego, mail will be forwarded):

Sitawa Nantambu Jamaa with arms crossed, in 2017

Freedom Outreach
Attn: Sitawa Nantambu Jamaa
Fruitvale Station
P.O. Box 7359
Oakland CA 94601

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[1] Note: Original penal code 2600 prior to 1968, California prisoners suffered complete civil death which stripped prisoners of all civil rights.

 

Report back from Prisoner Representatives’ first monitoring meeting with CDCR

From Center for Constitutional Rights
May 23, 2016

By Todd Ashker

 Last September, in Ashker v. Governor of California, California prisoners reached an historic settlement agreement with the California Department of Corrections and Rehabilitation (CDCR) that is bringing an end to indefinite solitary confinement in California prisons. The Settlement Agreement includes hard-won (and unprecedented) periodic meetings between the CDCR and the prisoners who initiated the lawsuit and led the protests against long term solitary confinement. Below is a report back from the first of these meetings, from lead plaintiff in the case and prisoner representative, Todd Ashker.

I was very pleased to participate in this historic meeting with CDCR officials, which we negotiated in our Settlement Agreement.  I think it is the first time that representatives of prisoners have had this kind of discussion with leaders of any correction department; it is certainly the only time it has happened here in California, the world’s largest prison system.  We were especially pleased that high-ranking prison officials were at the meeting.

At the beginning of this first meeting, it became clear that there was a misunderstanding about its function.  CDCR thought the meeting was for us to listen to them.  Why would we put a term into our Settlement that would have us listen to them?  We listen to them every second of our lives.  We see the purpose of these calls as an opportunity for us to be heard and to have a discussion with people in authority.

Despite this initial confusion, we were able to lead the meeting. CDCR got unfiltered information from prisoners who know what is going on in their prison cells and yards.  We are a leadership group the CDCR knows.  They know we have integrity.  The information we shared at the meeting came not only from the experiences of us four main reps, but also from the other veterans of the SHU, members of our class who have written and met with our attorneys.

We raised in strong terms that some of us who have made it to General Population yards are essentially in modified SHUs (Security Housing Units), in some respects worse than Pelican Bay SHU, although in some respects better.   Conditions, policies and practices that we are experiencing in some of the General Population yards are not what we expected when we settled our case.  After spending decades in solitary we cannot accept many of these conditions.  Too many prisoners are simply warehoused, and there are not enough jobs or programs to give us skills, engage our minds and prepare us to return to our communities.  Guards need training in ‘professional’ behavior.   Bullying and humiliation should never be tolerated.

CDCR may have been surprised at the tenor, strength and substance of our approach.   We expect at the next meeting, we will all understand the agenda and purpose well ahead of time.   We also think a longer meeting will allow for a full discussion and useful interaction.  We hope CDCR officials come to welcome these historic meetings as useful because they will be if prisoners’ perspectives are heard, used and received by them.

Arturo Castellanos’ Two Reports

This was originally published in California Prison Focus of Spring 2014., p. 8 and 12.

#1 March 3, 2014 [note 1]
I’m one of the four main SHU reps here at PBSP. I’m writing this brief one on the positive outcomes during our meetings with Sacramento and PBSP offi cials since the end of our last hunger strike. They have been pretty straight forward with us on many issues concerning the possession of personal property and visiting—we have the three hour visits we demanded and Sac officials have completed— and Sac officials have issued the Authorized Personal Property Schedules [APPS] Matrix that allow all SHU male and female prisoners the opportunity to order and possess a lot more personal property items that we demanded and have not been allowed since before 1989.

However, at our last meeting with Sac officials, we did raise some issues with the new APPS. We were assured that they are going to tweak it where, for example, they were going to remove the wording “clear-case” ear buds and “clear-case” AC adaptors and adding the necessary electronic accessories to it even though they are automatically implied on the Matrix. And to change the allowable 15.5” flat screen TV to under 16”— Walkenhorsts vendor provides a good quality 15.6 inch RCA flat screen TV—which is good for the aging prison population.

These and other additional changes to the Apps are very important to us because, even if the prison wardens approve certain items, the approved vendors will not send them unless they are approved on the Matrix or Sac officials send them a memorandum on it. Sac also stated they will review the Apps once a year to stay current.

On Feb 20, 2014, we reps also attended the second quarterly meeting with this administration, since the last H.S. regarding issues pertaining to this prison. The memos of that meeting should be issued soon. They did address all the issues and concerns we raised, and those that other SHU and Ad Seg prisoners sent them. [Note: if PBSP-SHU/Ad Seg prisoners wish to have their local issues addressed at the next May/June meeting, send them to the SHU Associate Warden’s office or to this publication in early May 2014.]

The following are just some of the many issues raised at this meeting: they are working on obtaining better quality mattresses; they did issue us three white towels and a half blue towel to keep our cell clean; the prison’s bakery had been reopened and is producing better baked goods; the loaner recreational book program will soon be operational again; the state is issuing incoming Ad/Seg prisoners a crank-windup-radio for the first 21 days to use. And if a prisoner stays longer, they can hold on to it as long as another new arrival doesn’t need one. We argued that enough of them should be purchased for all Ad/Seg prisoners for their entire stay in Ad/Seg or allow them to purchase and possess their own crank radio until they finish installing the electrical outlets, cables and shelves. Still, this is a great improvement in Ad/Seg from last Sept. 2013 and 2011 when we were there.

This administration has also agreed to implement a procedure to remove all speakers from all new incoming radios, and, as long as the AC-adapter works on the radio we order, those non-clear AC-adapters will be allowed here. Of course, as stated, the vendors will not send them unless Sac directs them to. Also, canteen items list for all SHUs has been expanded and will continue to expand in the future, and we are pushing/requesting they expand the canteen electronic accessories [e.g., typewriter ribbons, etc., T-antenna and matching transformers to hook up the T-antenna; flat digital antenna and antenna adapters; Y adapters; ear bud extension cords; L-cable hookups, etc.; and some Sony/Panasonic ear buds.]

As one can see above, I chose to focus on the cooperation we have received from Sac officials and PBSP’s new administration on just the “tangible” items that do effect every SHU prisoner. So the efforts of all prisoners have not been in vain. This is also so other prisoners can address similar issues with their prison’s administrators, for example, extended visits.

However, I will take some parting shots at the STG-SDP. Besides the statement we reps put out for the latest joint Senate/Assembly hearings, we strong object to CDCR deleting the word “direct” from the “Direct-Nexus” to gang activity because it now makes it a lot easier for IGI, ISU, and other alphabet bricks that make up the green wall to obtain make-believe statements from their debriefer-informantslaves to continue to bounce any CDCR prisoners between steps 1 through 4 and back. Thus, another main reason we reps pushed so hard for the additional tangible SHU property items.

Also, the SDP should only be behavior based, not on how many Journal-Loops one can jump through. All prisoners and outside supporters pushed to get rid of the requirement of signing contracts; now we need to push to get rid of these silly Journals. And, until we see how this plays out, our hopes remain on the present civil suit on solitary confinement and the new bills that are being pushed to put a cap on the amount of time we spend in solitary confinement.

That will also do away with the need for any revolving door program like SDP.
I personally feel that, right now, on the SDP itself, until it’s changed or eliminated altogether by law or court, it should be up to each individual if they wish to go through the DRB [Departmental Review Board] hearings. I myself will go in April, even though I expect to be placed on step 1, behind all the countless 1030s [informants] in my file. Most here on the short corridor are being placed in 1 or 2. And those that have serious chronic illnesses are being sent to New Folsom, no matter the step they’re placed in. I have no illness so I’ll remain here. And, so far, some are also being placed on steps 3 or 4.

Finally, I wish to correct some misconception on the origins of the STG-SDP. It did not originate from our hunger
strikes. CDCR has had it on the back burner as a result of the Castillo case. The hunger strikes only forced CDCR to put it on the table a lot sooner than they planned. So, no one should try to lay that program’s origins at the hunger strikers’ feet, period!

#2 March 23, 2014
I write this to update you on the two issues I addressed in my last letter of March 3, 2014. First, on the positive cooperation we received from this new administration and second, on the DRB hearings. Regarding the first issue, it has now been over 30 days since we had attended the meeting of February 20th with the administration but yet, to date, they have not issued copies of any of the promised memos to all the SHU buildings, or of what transpired at that meeting.

Also, I mentioned in my last letter that the prison’s bakery was up and running and that they were sending us better baked goods. Well, by the evidence so far, it gives the appearance that leading up to that meeting of Feb. 20th, we were seeing good size pieces of cake—with frosting, biscuits, dinner and breakfast rolls, and cornbread on the trays. But, soon after I sent that letter out, the baked goods got smaller, cakes no longer had frosting, or stopped being served to us at all, and the so-called fruit-crisp is now just gook without the crisp. It’s almost as though the baker was fired soon after that meeting and replaced with someone that doesn’t know what the hell they are doing. I just hope the promised food surveys were issued to the two volunteer reps so this administration can get feedback from them on this and the rest of the continual served slop. I feel for those of you who do not have the funds to purchase canteen items to supplement this food. I can go on with this issue
but I’m sure this administration has gotten the point that we will point out the positive—like my last letter—as well as the negative in this letter.

On the second issue, the DRB hearings for the short-corridor and others from both C and D facilities, in my last letter I was told the next ones will be held in April. Now they’re saying May of 2014, and will be held every other month. To date they have seen the fi rst 25. In May, they are supposed to see those numbered from 26 through 50, maybe more, because they recently added another 50 to the list numbered from 51 through 100. If any of you believe you are on this list you can contact CCIT Ms. Perez or Ms. Vargas.

Now, the following is very important: Some names and addresses of attorneys will be placed at the end of this letter [note 1A] that should be contacted by those at PBSP-SHU when they are first placed on these lists—your number on it—when the CCIT issues you the 1030s [confidential information] that the DRB members will be using at the hearing. If possible, give the CCIT, at that time, a signed trust to make a second copy of them to send to the attorneys. Take notes as to what transpires at your DRB hearing [i.e., what step, etc.] and your issues/complaints why you object to any part of that process. And, if possible, file any writ on those issues—
according to Title 15, section 3376.1. Issues raised at those hearings are fully exhausted at the Directors level. One does not go through the CDCR 602 appeal process on this.

All of this vital info is important so the attorneys in our—all SHU prisoners—pending civil suit on solitary confinement. The attorneys can use it to effectively counter any motions for dismissal or summary judgment the U.S. attorney general files later. This info is greatly appreciated and the attorneys assured us that they will keep any materials confi dential.

Also, be sure that when you are placed on a step, you stay in touch with the attorneys so they can monitor your progress [i.e., bounced from step to step and back, etc.] It is also important for the rest of the SHU prison populations across CDCR that you send a general letter to these publications of what transpired at those hearings so they can be informed as to what to expect when they go before the DRB.

Finally, some that were placed in steps 3 and 4 were advised that Tehachapi level IV was closing the G.P. and were going to be used for those two steps. If this is true—and it’s a big if—CDCR shouldn’t have a problem in giving those on step 3 and 4 contact visits. The resources and visiting cronos are already in place. [note 2]

Arturo Castellanos #C-17275
[address from 2014]
PBSP-SHU, D1-121
P.O. Box 7500
Crescent City, CA 95532

[Note 1.]  While this portion of the document was written in early March, it was not received by your [CPF] editor until early April.

[Note 1A] There were no names or addresses of attorneys at the end of this letter, only a note asking outside people to provide said contact information. Those who forwarded the letter to me, up here in Seattle, neglected to provide the contact information for the attorneys.

[Note 2.] There were thirteen pages consisting of copies of memos, etc. that were attached to Mr. Castellanos’ letter but are not included here due to space considerations.