Friends,
This may be the most difficult newsletter we have ever written, for two reasons. One, our newsletter is under intense scrutiny by the DOC and 2. because of the mixed emotions about the turn out at our highly publicized picnic.
Our last real newsletter was mailed in May, and it was banned, systemwide. Many of you received the newsletter because the banning came a month after mailing. GBCI and WSPF had held the newsletters waiting for a decision from Madison. As it turns out, the words in May’s issue, pose a threat to security. Now, all of our newsletters, to every institution, will receive the same scrutiny before they are allowed in. In some ways, we are flattered by this special treatment, but also this places a heavy pall over our work and message. We don’t want to waste the $600 it costs to publish and mail this rag and we don’t want to blur our message, so we will try to tip-toe past the censor and hope that everyone appreciates the circumstances and finds the truth buried within these pages.
That truth is, without solidarity and unity, nothing will be accomplished. Without families and friends on the outside coming together in a united voice, we are powerless. We (PAC) can notify the press, call HSU, call wardens, write to legislators, write letters to the editor and try in every way to shed some light in the conditions of confinement in Wisconsin’s human warehouses, but if we stand alone, we will be given little heed. This is an old message in these pages, and it appears as though this message has fallen on deaf ears. Either that, or you really don’t care to fight.
Our August 19 picnic brought out the real fighters, the fearless advocates for their loved ones: Afrikan Amerikan women. These strong and beautiful women have weathered the most suffering, borne the heaviest burdens and yet stood tall and defiant, ready to take on the big bad DOC. Over the past two years we have had hundreds of letters from prisoners who write that “when I get out, I’ll be there with you, I’ll keep on fighting.” Well, where were you on the 19th? Not a single ex-con. Waas up wit dat? Only a couple of men. Only a couple of whites (beside the activists). Are your families totally disengaged? Are they so afraid of speaking out on your behalf? Or was it because you didn’t push them?
This is a watershed moment in PACs history. We have engaged in some deep reflection on our mission and methods. We will build on the positive and continue our work. We will move forward with those who are willing to step forward in the face of adversity. This will be the last free mailing of our newsletter. We want to work with our members. We want to help them when they need our voice. We want to expose the abuse and failings of the DOC. We will continue the struggle. A subscription form is enclosed. If you have contributed in the past, we will consider that a subscription payment.
We get too many letters from people who never sent us a kind word or a dollar bill who want help with their personal problems. To be perfectly clear, WE ARE NOT A LEGAL AID ORGANIZATION, NOR A CHARITY. We are an advocacy group, an educational group, and a public awareness group. We want to hear about the abuses you suffer, but we do not promise action on any particular incident. We look for patterns and always keep an eye on the BIG PICTURE. Your individual problems do not motivate us, we are dedicated to the BIG struggle. We care, but there is not enough room in our hearts to absorb all the misery. We act when we can see that our actions may impact the status quo.
One battle we are now waging is with the Parole Chair, Alfonzo Graham. His actions put a sharp point on the term political appointee. He is totally unqualified for his position, yet he has overruled 33% of his commissioner’s recom-mendations for parole. Guys were told to “pack your things, you’re going home” only to get word a week later that they were denied by the Chair. Some were given 24 month defers! This has devastated many families. This is truly cruel and unusual.
Alfonzo Graham refuses to speak with the families of the incarcerated even though his “position description” requires that he “provide interviews to family members...” He called our office after we raised Hell at the Governors office threatening to expose the political motivations of this new appointee. His justification for the reversals of recom-mendation were completely inadequate. He said that he is new to the job and he may not have acted in the best fashion. He promised to revisit these reversals, but we haven’t heard anything from the men affected.
We are working with the families of the affected men. We hope that all those who have been so shoddily treated contact us and send us their family contacts. We will be heard! Al Graham will meet with the families! Guaranteed!
He has not yet been confirmed by the Senate, and our efforts to block his official appointment won’t begin until after this election. The committee that must first review and approve his appointment is the Judiciary, Corrections, and Privacy Committee, with Senator Zien as Chair.
We look forward to the release of our comrade Frank R. He started PAC and has been working tirelessly right under the eyes and bootheel of the DOC; A fearless fighter will now be on the outside. Another strong comrade has fallen though. Dawud B. left his family and responsibilities for the false comfort of drugs and alcohol. He was a shining example of how one could turn oneself around. It’s so terribly sad. So sad for his wife and two beautiful children. We will miss Dawud being near us, his smile and intelligence were a comfort and pleasure to be near. Life on the outside can be so very difficult. We hope he finds peace.
This issue is about getting things done. Not about rhetoric and posing. Information, suggestions and letters from those who are not afraid, we hope, will motivate some of you to really join us.
In solidarity, PAC
Truth In Sentencing research update
There have been many rumors concerning The Truth in Sentencing Act. We have received many inquiries about it and information regarding the research. I hope to answer some of these concerns with this update.
Wisconsin Act 283 created truth in sentencing in Wisconsin but delayed its implementation until December 31, 1999. In the meantime, the Criminal Study Committee, also created under the Bill was to make recommendations for polices that would supplement the system outlined in Act 283. Particularly, the Committee was assigned the task of developing a uniform classification system for all state felonies and class A misdemeanors, with all felonies brought together into a single code.
1999 Assembly Bill 200, which created the Criminal Study Committee mandated the committee submit its report no later than August 31, 1999, which they did. When the committee delivered its report in August 1999, it was widely anticipated that the supplemental legislation it proposed would be enacted in time for official implementation of truth-in-sentencing on December 31,1999. However, that did
not happen.
Though promptly considered and passed by the Assembly (with but a few changes), the bill recommended by the committee stalled in the Senate. December 31, 1999 came and went: Act 283 went into effect, and the supplementary legislation needed to fully implement the original intent of the legislature expressed in Act 283 became trapped in Legislative gridlock.
There is a question that to be valid, all legislation must be enacted in conformity with the Constitution. Minnehaha County v. South Dakota St. Bd. of Equal, 84 S.D.640,176 N.W.2(i 56(1970).
Members and officers of the legislature. act under the solemnity of their oaths, and the provisions of the Constitution providing the various steps that shall be taken in passage of a bill are addressed mainly to the legislature. Independent Bankers, 346 N.W.2d at 742.
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The law is clear that if a bill is introduced and passed by one house of the legislature and the second house amends the bills, or refuses concurrence and returns it to the house of origin; if it is treated as concurred in and is sent to governor who approves it, and it is then published, it does not become Law. 10 Op. Atty. Gen. 613(1921).
The law makes it clear that the Legislature must comply with Constitutional requisites in passing legislation. In re Rounds, 659 N.W.2d 374,2003; SD 30,State v.Gonzales, 645 N.W.2d 264,253 Wis. 2d 134,2002 WI 59
It is my contention since the legislature did not implement the sentencing guidelines in the first TIS, under Act 283, and sent it to the governor who approved it, and it was passed into law, it was not legal, and therefore should be declared invalid.
I want to make it clear that since this is only my contention based on my research, this does not conclude this act is one that you can rush in court and seek a modification of sentence on this matter. There is much more research to be done on the issue, and we are closing in. There are a number of documents we have to to secure which will make that determination, which we are having problems attempting to retrieve from various sources that possess them.
For those of you who are telling everyone that PAC says the act is unconstitutional, this is simply not the case. Research PAC shares with you is from people who are researching the issue. PAC is by no means giving validation to the argument that this act is unconstitutional and PAC does not want to give you any false hopes. Neither do the people researching this issue by sharing this information with you. Like every issue until it is completely researched one cannot present whether
its constitutional or unconstitutional. Even when evidence shows it is illegal, the courts must confirm that such is the case, and as experience has taught us, the courts do not always rule according to law.
There are also rumors that a law now is before the legislature that will allow nonviolent offenders to serve 40% of their time before release. There is, nothing to confirm this, nor is there anything to confirm TIS is going to be repealed. Spreading rumors only hurts the cause and until you have seen this in writing don't pay any attention to it.
Like I stated above, there is much more research that needs to be done on this issue, and what has been uncovered so far looks very promising. However, we must continue to marshall the facts, and secure the evidence we need to show this law is illegal.
Some people have been taking what they get from the newsletter and running in courts seeking a sentence modification. They, don't develop the issue and because they do not and the court rules on an undeveloped issue, the cause is hurt, and many people suffer, because under the Doctrine of issue preclusion the issue becomes precluded from being raised in the manner we wish to bring it.
Some of you have been requesting information about the campaign to repeal TIS. There are organizations and legislatures working in this area, but not in the capacity of abolishing the law, only to reform it which means to give you what they want you to have and not what you deserve.
Before we can mount the campaign to focus on the repeal of TIS we must first organize the families. We must obtain members for committees in every town or city, who will commit themselves, to the cause.
This cause cannot become a reality if family members will not support it. They have the power to make the change and demand the repeal, but such cannot be accomplish until they unite for the cause.
It is important that every interested person write and send donations to PAC that it may cover the cost for the necessary paperwork and postage to send people so we can begin to organize.
We want to be able to present the names of each person who seek to repeal TIS to each other, so they will know each other and share the information with each other so everyone will be aware of what the other is doing and we all work towards the same goal and objective.
We want to reach taxpayers and concerned citizens as well as our representatives and senators to express our voices and demand they as our representative speak for us as taxpayers.
Prisoners must be well aware they cannot vote, so their voice means nothing. It is your family, friends, concerned citizens and the taxpayers and voters that politicians will listen to, and we must demand they do. So prisoners through your family and friends let your voices be heard. Tell them to join and support the cause.
One person cannot do all the work, nor make a big difference. This is our problem, which is all our problem. The spokesperson for PAC and those involved needs the assistance of all to make a difference.
In less than 45 days I will be released from prison, but not free from the abusive TIS law. I will be working with PAC and I want to travel across the state speaking about TIS and showing people the effects it has on all, and that it is essential to abolish this law, by repealing it.
Many people really don't care about prisoners or their families and many feel prisoners should remain in prison for the full length of their sentence. While they don't care about prisoners, they do care about their tax dollars being wasted, and money that should be going to education and social programs being spent to house prisoners for $26,000 a year. Many of these men and women should be released into society to take the burden off the system.
This is election time and the voices can and must be heard. So tell your families to speak loud by joining the struggle to repeal the TIS.
Your Comrade in the struggle,
Frank R.
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"OLD LAW UPDATE"
Since the last Newsletter a number of new developments have surfaced. I would like to address them, but it’s necessary for me to start by making a statement.
Many of you did not receive the last newsletter. For some unknown reason they mysteriously got lost in the mail at some of the institutions. Steps are being taken to address this matter but will not be discussed here.
PAC continues to receive a lot of letters from prisoners and family members regarding the old law issue. Few donations arrive with a request for PAC to assist them or their family member.
I want to be clear regarding PAC position with regards to the Old law Issue. We are working to bring a class action that would affect each and everyone under the old law situation. We are not working on individual cases. While we may publish your case and let others know about your litigation of the issue we will not devote our time and resources to your individual action. Our focus is on the class.
Mr. Sean Tate has provided us with some vital information extremely reverent to the old Law issue. He has obtained documents which will clearly show that as a result of the infamous 1994 letter of Governor Tommy Thompson, to Secretary Michael Sullivan; and the subsequent actions by Michael Sullivan and others, in fact implemented a new policy towards violent offenders, and in doing so created a hurdle which made it more difficult to be paroled. We will not distribute these documents to individuals who seek to bring an individual litigation, as to prevent the precluding of this issues from being raised in the Courts and we have encourage him to keep this evidence for the benefit of all.
Brother Shaheed Madyum informs us he has been in touch with an interested attorney which we are waiting to hear from.
Comrade Ben Sanders, whom many of us know, who has served well over 33 years; a very unselfish comrade, who has come upon money to fight his cause, is seeking to employ an attorney to represent not himself, but to file a class action that will have effect on everyone. He has yet to locate the appropriate lawyer and waits to here from all those he has written.
Jess Swinson has filed two separate litigations in the courts challenging the procedures in his case, which addresses the ex post facto issue. The documents me and several others have read are very, well put together, and if he is successful many people will be affected by the decision of the court.
Oscar. McMillian has also filed a certiorari in the courts which challenge the parole commission decision in his case. His motion is also put together very well, and a favorable decision in his case will result in benefits for many as well.
We have also obtain some very vital information, which is a letter from Michael Sullivan to Tommy Thompson referencing sex offenders. In that letter he informs former Governor Thompson that he has implemented a policy to keep sex offenders incarcerated until their MR. This letter is a smoking gun we will use to show how, this has effected those with sex offenses, creating a hurdle for them to for parole This evidence will demonstrate to the court that this meets the standard of a violation of the ex post facto clause. We will not send this letter for person to use it for their individual cases. This letter, and the letter Mr. Sean Tate has will be provided to the attorney we are seeking to use in our class action.
The Picnic was not what we expected, and many of the former prisoners did not show up. This was most disappointing. It appears many guys make commitments while in prison, but don’t keep them when they get out.
As the founder of PAC, I am scheduled to be released October 17, 2006. Mr. Van den Bosch and I will work with a number of others to get things moving to get thIs matter in the courts.
I assure you my fellow comrades I will not abandon you, and you can rest assure Mr. Van den Bosch and others who are very concerned about justice will not allow me to. My commitment to you - not to abandon the cause - is from the heart.
However, you must also realize that I must also work to provide for myself, and that I will be on supervision. That I cannot neglect myself and those I am responsible for and to. That I can give my time and work for justice, but I cannot be the solution for every problem, and take the time away from being focussed. So, I cannot commit to individual cases, other than those I've been committed to already.
My good friend Ben Sanders recently wrote me and stated these words of encouragement. He said, “Far to often, people who have been down for a while, tend to lose sight on what's important,but, realizing that no one individual struggles alone. When one struggles, we all struggle because we are all interconnected; It is a people problem,not an individual one. Until we realize that we are each other's keepers, that your problems are my problems, and that there is no “I", “me" and "my" in problems, then the problems we face as a people will continue to be our undoing. The problem with us as a people, is that those who are fortunate enough to obtain the so-called piece of the american dream, tend to divorce themselves from the rest of us by assuming the attitude that "hey, that’s their
problem, it has nothing to do with me. " They seem to forget where they came from, or the struggles they have endure along the way. They tend to look on something foreign and alien, much like a stranger in a foreign country where nobody speaks your language and you speak not theirs.”
Comrades, if we are to overcome our problems that have a tendency to make life as we know it, unique as a human experience then we must unite for a common cause. Since each of us possess a different gift, we should use those gifts to address the root causes of injustices, and propose a workable solution to the problem that affects us as a people.
Fellow Comrades, I have been in the trenches for well over thirty years of my 58. I have been the object of abuse, injustice and retaliation. I have not forgotten who I am and what is important, nor will I forget my friends, some like my brother, and many much closer than my very own family. I will be on the outside working, and I will put forth my best to expose the injustices and bring about some justice and humanity for us all. I will never sell my dignity as I will never forget the struggle. But I look at things as they really are and you must do the same.
As we get more information about Lawyers and litigations you will be informed. I trust to be out by the time the next newsletter is produced. I will send each member of the research committee update information and organize a method which we will share our research with each other.
Those of you who have information, we encourage you to send it so it can be shared with an attorney. I will work hard to get someone to represent this cause. I will not abandon the struggle.
Your Comrade,
Frank R.
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A MESSAGE FROM THE FOUNDER OF PAC
The days are nearing my release from the halls of hell. I dare not consider this being free, for freedom is something one has with no attachments, and yet I will be released from prison, I still will not be free.
However, I am fortunate enough to have the opportunity at freedom which brings me happiness, yet sadness as well, when I consider many of my comrades may never get this chance, and many will be left to fend against the many abuses which is the result of uncaring people.
When I think of all those left behind and the difficulty they face I am moved with compassion. A compassion which instills in me a devotion to the struggle against injustices. Then I think of the many before me who were released, who made commitments to the struggle, but once out, lost their focus. Then I am inspired not to lose mine.
For to me, to be free is not just to cast off one's chains, but to live in a way that respects and enhances the freedom of others. The true test of my devotion is just beginning.
For well over thirty years I have suffered from the many abuses inflicted by my oppressors. Not once did I give up, and never will I forget.
I have discovered who I am, what gifts I have and how I should use them and apply them to help myself and others. I have been given this opportunity and encouraged by many caring people who stand with me and support me and the struggle against injustice, and I am determine to stay focussed and committed, and have confidence in them to keep me focussed.
These people I speak about have become much more to me than friends. They have become like my very own family, such as a father, mother, sister and brother, but most of all people I love and respect and know they love and respect me.
I have walked a long road to get to this point in my life, and it has not been easy. I have taken a moment to reflect, to steal a view of the glorious vista that surrounds me, to look back on the distance I have come. But I can rest only a moment, for with devotion comes responsibilities, and I dare not linger, for my long walk is not yet ended.
I am committed to my friends and those I love, and I will not betray them nor allow them to be betrayed by others, that means for those in prison as well as those out.
In this deep and powerful sense I will be devoted.
Your comrade in the Struggle.
Frank R.
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OAKHILL LITIGATION
Inmates housed at the Oakhill Correctional Institution are pursuing litigation as a class that challenge the rules and policies related to Work/Job Assignments.
They are challenging the constitutionality of the Wardens rule which deny them the right to work outside the perimeter of the Institution or on a Special project, even when they have the assigned custody level. The justification for this rule is, the nature of their offense history or due to escapes and abscondings which are well over five years old.
DOC 309 IMP 52 governs all Institution rules related to Work Assignments/ Placements and the Warden of each Institution has the responsibility to enforce the DOC rules. Because the failure of the warden to implement rules consistent with those of the DOC IMP, inmates housed at Oakhill are being discriminated against and denied due process and equal protection as it relates to job assignments and placements.
Inmates Housed at Oakhill have become responsible men and have earned their way to work release. We stand together in the struggle against abuse and the psychology of its oppression. We will keep you updated on our progress. Frank R.
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WHAT YOU CAN DO!!
As stated in our cover page, we work hard to bring public awareness to the issues of incarceration. We write letters almost every day to newspapers, legislators, DOC officials and advocacy organizations. We believe that if more letters went to more of these people, we might slowly turn the tide of indifference. It’s a strategy that must be used, we have our voices, and we have the time to write.
On page 5 is a list of people who should hear what you have to say. On page 6 is a sample letter and some suggestions on how to write a letter that will have an impact. The phone numbers of some are included, so have your family members call and let these people know what they think about the WI prisons. Letters can be about your particular problem or be more general in nature, whatever works for you. If you have the postage, send us a copy; we’ll post them on our blog or print them in the newsletter.
If every one of you writes one letter a week to a different legislator, news outlet, or official, we can’t help but turn the tide. If each of you write one letter once a month, that will be 4,000 letters each month! It will have an impact!
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"We hang the petty thieves and appoint the great ones to office”- Aesop, c.550 B.C.
Department of Corrections:
mail to any of the following individuals should be sent to this address:
3099 East Washington Avenue
Post Office Box 7925
Madison, WI 53707-7925
Office of the Secretary
Mr. Matthew J. Frank, Secretary
Mr. Rick Raemisch, Deputy Secretary
Ms. Jessica Clark, Executive Assistant
Phone:(608) 240-5055
Division of Adult Institutions
Mr. Steven Casperson, Administrator
Mr. John Bett, Assistant Administrator
Ms. Denise Symdon, Assistant Administrator
Mr. Dan Westfield, Security Chief
Mr. Kevin Potter, Chief Legal Counsel
(608) 240-5035
General Public Information Phone: 608-240-5104
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The Parole Commission
Mr. Alfonso Graham, Chair
3099 East Washington Avenue
P.O. Box 7960
Madison, WI 53707-7960
Phone (608) 240-7280
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Senate Committee on Judiciary, Corrections, & Privacy
Senator David A. Zien, Chair
1716 63rd St.
Eau Claire, WI 54703
608-266-7511
Senator Glenn Grothman
111 S. 6th Ave.
West Bend, WI 53095
608-266-7513
Senator Fred Risser
5008 Rissre Rd.
Madison, WI 53705
608-266-7511
Senator Carol A. Roessler
1506 Jackson St.
Oshkosh, WI 54901
608-266-5300
Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208
608-266-5810
Office of the Governor
Governor Jim Doyle
Madison Office
P.O. Box 7863
Madison, WI 53707
608-266-1212
Ernesto Chacon, Deputy Director
Room 560
819 North 6th St.
Milwaukee, WI 53203
414-227-4344
Angela Russell
Agency Liaison
State Capitol 115 East
Madison, WI 53702
608-266-7794
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Other concerned legislators
Representative Pedro Colón
State Capitol Room 104 North
P.O. Box 8952
Madison 53708
608-267-7669
Representative Tamara Grigsby
State Capitol Room 122 North
P.O. Box 8952
Madison, WI 53708
608-266-0645
Representative Barbara Gronemus
State Capitol Room 114 North
P.O. Box 8952
Madison 53708
608-266-7015
Representative Marc Pocan
State Capitol Rm. 322W
P.O. Box 8952
Madison, WI 53708
608-266-8570
Representative Sheldon Wasserman State Capitol Room 214 North
P.O. Box 8952
Madison, WI 53708
608-266-7671
Representative Leon D. Young
State Capitol Room 118 North
P.O. Box 8953
Madison 53708
(608) 266-3786
Senator Spencer Coggs
Room 22 South
State Capitol
P.O. Box 7882
Madison 53707-7882
(608) 266-2500
U.S Representative Gwen Moore
District Office
219 N Milwaukee St STE 3A
Milwaukee, WI 53202
Phone: (414) 297-1140
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Legal and Advocacy
American Civil Liberties Union
204 Buffalo St Suite 325
Milwaukee, WI 53202
National Lawyers Guild
Atty. Patricia K. Hammel
Herrick & Kasdorf LLP
16 N Carroll St # 500
Madison, WI 53703-2773
Amnesty International
5 Penn Plaza - 14th floor
New York, NY 10001
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The Press
Milwaukee Journal Sentinel
Eugene Kane
P.O. Box 661
Milwaukee, WI 53201
Wisconsin State Journal
Phil Brinkman
Capital Newspapers
P.O. Box 8056
Madison, WI 53708
The Isthmus
Bill Lueders
101 King Street
Madison, WI 53703
Wisconsin Public Radio
Gil Halsted
821 University Avenue
Madison, WI 53706
Milwaukee Courier
2003 W. Capitol Dr.
Milwaukee, WI 53206
Milwaukee Community Journal
3612 N. Martin Luther King Jr. St.
Milwaukee, WI 53212
Shepherd Express
207 E. Buffalo Suite 410
Milwaukee, WI 53202
Prison Legal News
2400 N.W. 80th St. PMB #148
Seattle, WA 98117
Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208
Dear Senator Taylor,
This letter is addressed to you in your capacity as a member of the Judiciary, Corrections, and Privacy Committee of the Wisconsin Senate. One of your duties as a member of that committee is to advise the full senate on the qualifications of the gubernatorial appointee to Chair of the Parole Commission.
Mr. Alfonzo Graham has been in that position since May of 2006. He was appointed to that position after Mr. Lenard Wells stepped down under pressure from the Milwaukee Police Union. Mr. Graham was selected from the ranks of the Milwaukee Police Department and has no experience in penological or parole matters. A copy of his resume is available on request.
Since taking over the reins of the Parole Commission, Mr. Graham has drastically altered the way in which parole is granted. Even though he has no experience in this field he has overridden 33 percent of recommendations presented by his commissioners. These commissioners are experienced and knowledgeable people with a combined on-the-job tenure of 16 years. His actions to reverse recommendations have caused deep anguish with the families who were awaiting and expecting the return of their loved one.
Mr. Graham refuses to meet with, talk to, or answer letters from family members concerned with their incarcerated loved one. This despite the clear Position Description guidelines set forth by the WI Department of Employee Relations which suggest that 10 percent of his time is spent to “Provide interviews to family members, attorneys, etc., to discuss the parole status of a particular inmate, accept comments/information regarding parole...”
I hope you will work to block Mr. Graham’s confirmation. His few months in office have given you a clear indication of how he will manage his duties. He is completely unqualified and has acted in callous disregard to the inmates and their families. If you would like to hear some of the personal stories of the men and families who have suffered under his harsh new reign, please call.
Sincerely,
name
address
phone number
This is a sample letter that you may want to rewrite in your own words. This letter can be sent to any or all of the JCP committee members. Write your own letters about the conditions of confinement, or parole or health services, or a general comment on prisons in Wisconsin.Try to be clear and concise - stick to one issue. Try to provide evidence or proof of your assertion. Be respectful but firm. Make sure that the person you are writing to can take action on the issue presented. Use your own words to convey how you feel. Write often. Keep them informed. Your voice must be heard.
6
Letter from MoSo
Dear PAC Readers,
This is MoSo, and I’m writing this letter to all the prisoners who read this news letter and to inform them they should contribute a small donation to this effort. Most people who know me, know of the struggles that others and myself have been involved in over the years and now we have a chance to make some headway in bettering our situation. If you want to bring back things such as banquettes, better visiting conditions, where your visitors are treated with some respect, or have some input or say-so on how all the money allocated for prison programs and education is being used, then you must have some power. The Court system can only do so much, and even that is being diminished by the Republican strong hold over the Political process and Judicial appointments. So the main Avenue now to combat this Evil force and obtaining any Justice, is in the political arena. This means we have to have the numbers. This is not an issue of right and wrong. We all know the Prison System is nothing more than a Racket. They make millions off poor peoples ignorance, pain and suffering. they know that most people in prison are not really "bad people" or not as bad as they have been portrayed, but they use your small evil deed in order to hide their greater evil and make it look justifiable. Its a case of the big crooks hiding behind the small crooks. They are the Masters of deception and propaganda. This is how they are so successful in passing all these crazy drug laws, which in turn spur more violent crime. Most of you are more of a victim yourselves than you really know or understand at this time.
In any case, you will continue being a victim until you learn how to play the game and get some POWER. And if you want POWER, then you have to have the NUMBERS. Your little small voice alone means nothing, no matter how right you may be. So don’t wait until you get thrown in segregation, possibly for no reason, or get messed around some other way because you have no power or say-so in the situation, before you want to make a move. Now is the time to prepare. You can do that by supporting this effort that can bring prisoners together and have a voice bigger than just yours when you need it. Right now you are nothing more than a commodity, like sheep and cattle. If you want to be recognized and treated like a human being, then you have to have power. Otherwise they don't recognize or see you as anything. This is why we are in the poor condition we are in today. No one wants to make any sacrifices.
So, I’m asking all persons who read this, to send in their contributions of 10, 15 or 20 dollars, whatever you can afford, to support this effort. Because this is a nonprofit organization, you can have the funds sent straight from your account. I myself will be sending what I can. And also I will be sending in the latest legal news on some cases that involve important issues and people we all know. So I hope in the next issue, its reported that many contributions have been received. So take care of that.
Incarcerate Bush for crimes against Humanity!!!!
MoSo
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Jailhouse Lawyer’s Handbook
Jailhouse Lawyer’s Handbook (PDF) - The Center for Constitutional Rights, in alliance with the National Lawyers Guild, has just released “The Jailhouse
Lawyer’s Handbook: How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison.” The handbook is a free resource for prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison. It can be downloaded, or you can request a copy by writing to us at the following address:
Jailhouse Lawyers Handbook
c/o The Center for Constitutional Rights
666 Broadway, 7th Floor
New York, NY 10012
Jail House Lawyers Handbook Women's Appendix (PDF) - The JHL Appendix for women is a free resource geared specifically to women prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison.
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"The state calls its own violence law & that of the individual, crime"
Max Stirner
Wisconsin Criminal Justice Study
Commission
A Partnership of the State Bar of Wisconsin, Marquette University Law School, the Wisconsin Attorney General’s Office, and the University of Wisconsin Law School
Charter Statement [partial]
The criminal justice system, like all human creations, is imperfect. At every stage of a case, system actors—victims, police officers, prosecutors, defense attorneys, and judges—make difficult decisions that both determine the fate of individuals and reflect the legitimacy of the system to the larger community. When the system fails, the consequences can be disastrous for both individuals and society.
One mission of the criminal justice system is to convict the guilty, and only the guilty. Recent events make clear that the system sometimes fails this fundamental mission by allowing people guilty of crimes- sometimes very serious ones- to go free and unpunish-ed. And even more intolerable, innocent people are convicted and punished in their place. This is unjust to individual victims and defendants and also undermines the legitimacy of the system by eroding public trust in its accuracy and fairness. Justice and legitimacy also suffer when the guilty go free, even if no one is wrongly convicted.
Between 1989 and 2003, at least 328 wrongly convicted people nationwide were legally exonerated and freed from prison. In many of those cases, the wrongful conviction of an innocent person meant that a violent and dangerous offender was allowed to escape detection and remain free in the community to commit other crimes. More than half of the 328 exonerated people served more than 10 years in prison. Eighty percent served at least five years. Overall, they served more than 3,400 years, at an estimated cost to taxpayers of $85 million. Based on the number of discovered exonera-tions, one worries that the actual number of wrongful convictions might be much higher.
Acknowledging the system’s imperfect-ions affords an opportunity for improvement. The exoneration cases have revealed specific, proven instances of system error, and other countries and states have taken the opportunity to investigate those cases and the problems revealed by them.
Supermax Settlement Agreement Update
On July 31st Judge Barbara Crabb entered an Opinion and Order in the ongoing fight for humane treatment at the Supermax (now WSPF). The DOC wants to end the Settlement Agree-ment, and apparently, Monitor Walter Dickey agrees that all portions of the Settlement Agreement have been met by WSPF. Attorney for the plaintiffs, Ed Garvey, disagrees and has sub-mitted evidence that major portions of the agreement continue to violate the Eighth and Fourteenth Amendments rights of prisoners there.
These violations include 1. insuring that mentally ill prisoners are not confined at WSPF, 2. forcing prisoners to choose between exercise and law library, 3. letting the cell temperatures exceed 84 degrees for extended periods, 4. transferring prisoners without adequ-ate pre-transfer process.
The DOC counters that even if some of these allegations are true, they do not constitute a “deficient system”, they are isolated incidents.
The up shot of all of this is that Judge Crabb has called for an evidentiary hearing to establish the merits of the plaintiff’s claims. At this writing, we do not know the date set for that hearing.
In the mean time, the White Elephant in Boscobel sits with empty cells, supposedly set aside for general pop-ulation prisoners. Better to bulldoze the entire place! Following are parts of a letter PAC sent to judge Crabb on May 22nd of this year. I hope we influenced the way this is going.
Dear Judge Crabb,
This letter is written in the hope that you will look closely at the supposed DOC compliance of the Settlement Agreement Jones v Berge, and that you will see the necessity of continuing your oversight of that agreement and the prison.
Professor Dickey’s proposals seemed, at first hearing, to offer reasonable compliance to the Settlement Agree-ment, but it has become apparent that the DOC has so twisted his intent, that the reality is a shell of what was proposed. The new “Phase System” is a three step reformulation of the five step Level System. The programs are the same and the method of advancement remains in the hands of the prison staff who continue to use petty infractions for retention at level. It is incredible to think that some prisoners have been there for six years without a major conduct report, and have no hope of leaving that abysmal place because they refuse to participate in the behavior modifica-tion regimen. This doesn’t change in the Phase System. This is a ruse.
The number of cells retained for segregation remains too large and the “need” to fill all beds will undoubtedly lead to the same type of retention schemes used in the past. In our newsletter, I wrote that the only physical change now taking place at WSPF is the revolving door between the GP and isolation areas. That was metaphor, but it accurately describes what lies ahead for the poor souls who find themselves in Boscobel.
The truth is, the overbuilding of segregation cells throughout the system and the pressure to use all beds has caused many prisoners to suffer years of unnecessary isolation. This phenomenon is most obvious and apparent at WSPF.
We do not speak for the plaintiffs in this matter, we speak for all citizens who demand accountability from our judiciary. The foot dragging at WSPF has gone on long enough. We beseech you to exercise your power to bring the DOC in line with decent human behavior. Retain the monitor and insist that substantive changes are initiated.
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Notice sent in by Duane Bull
The National Association for Equal Justice, 3131 E. Camelback Rd. 2nd Floor, Phoenix, AZ 85016 is seeking information regarding various mal-treatment and constitutional violation issues, and is particularly interested in information related to inadequate health and inadequate mental health care. They are gathering this informa-tion for the purpose of starting a major class action suit. All affected prisoners are asked to send a summary of their situation to the above address, along with adequate postage for their prompt response which will include further information.
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"The thorns that I have reaped are of the tree I planted.": Lord Byron
Help Wanted
Jason Procknow is seeking help from prisoners who filed ICIs at SMCI (Supermax) for dental related issues during the period 1999 -2002. Write him at: WCI, P.O. Box 351, Waupun, Wi 53963 DOC# 240914
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J.C. Fields -291798 is working on video conferencing following are parts of a letter from Matt Frank to Represen-tative Turner. Send your ideas and support to JC at NLCI, P.O. Box 2000, New Lisbon, WI 53950
Dear Representative Turner:
I received your letter relating to a suggestion by an inmate to establish a video visiting program. There is currently the ability to have families come to either the Milwaukee Secure Detention Facility or Racine Correct-ional Institution to visit by video conference with inmates at Stanley Correctional Institution or the Wis-consin Secure Correctional Facility [sic].
The Department is embarking on a major expansion of our video con-ferencing capabilities as part of our emphasis on reentry of offenders back into the community. We expect to have equipment at 35 Division of Community Corrections' Offices and 15 correctional institutions by late fall. This will be used by prison and community corrections staff during an offender's transition phase 1-3 months prior to release.
While this proposal may not be a comprehensive video visiting program, it will attempt to establish positive relationships with family and treat-ment providers prior to release from confinement to assist the offender in reentry to the community. The closer we work with families on reinte-gration issues, the better it is for a successful outcome. The RFP is expected to be awarded in January 2007 and it is expected that the program will be operational in the Milwaukee and Racine areas soon thereafter.
Please let me know if you have any questions on this initiative.
Sincerely,
Matt J. Frank Secretary
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Until lions have their historians, tales of the hunt shall always glorify the hunter: African proverb
This may be the most difficult newsletter we have ever written, for two reasons. One, our newsletter is under intense scrutiny by the DOC and 2. because of the mixed emotions about the turn out at our highly publicized picnic.
Our last real newsletter was mailed in May, and it was banned, systemwide. Many of you received the newsletter because the banning came a month after mailing. GBCI and WSPF had held the newsletters waiting for a decision from Madison. As it turns out, the words in May’s issue, pose a threat to security. Now, all of our newsletters, to every institution, will receive the same scrutiny before they are allowed in. In some ways, we are flattered by this special treatment, but also this places a heavy pall over our work and message. We don’t want to waste the $600 it costs to publish and mail this rag and we don’t want to blur our message, so we will try to tip-toe past the censor and hope that everyone appreciates the circumstances and finds the truth buried within these pages.
That truth is, without solidarity and unity, nothing will be accomplished. Without families and friends on the outside coming together in a united voice, we are powerless. We (PAC) can notify the press, call HSU, call wardens, write to legislators, write letters to the editor and try in every way to shed some light in the conditions of confinement in Wisconsin’s human warehouses, but if we stand alone, we will be given little heed. This is an old message in these pages, and it appears as though this message has fallen on deaf ears. Either that, or you really don’t care to fight.
Our August 19 picnic brought out the real fighters, the fearless advocates for their loved ones: Afrikan Amerikan women. These strong and beautiful women have weathered the most suffering, borne the heaviest burdens and yet stood tall and defiant, ready to take on the big bad DOC. Over the past two years we have had hundreds of letters from prisoners who write that “when I get out, I’ll be there with you, I’ll keep on fighting.” Well, where were you on the 19th? Not a single ex-con. Waas up wit dat? Only a couple of men. Only a couple of whites (beside the activists). Are your families totally disengaged? Are they so afraid of speaking out on your behalf? Or was it because you didn’t push them?
This is a watershed moment in PACs history. We have engaged in some deep reflection on our mission and methods. We will build on the positive and continue our work. We will move forward with those who are willing to step forward in the face of adversity. This will be the last free mailing of our newsletter. We want to work with our members. We want to help them when they need our voice. We want to expose the abuse and failings of the DOC. We will continue the struggle. A subscription form is enclosed. If you have contributed in the past, we will consider that a subscription payment.
We get too many letters from people who never sent us a kind word or a dollar bill who want help with their personal problems. To be perfectly clear, WE ARE NOT A LEGAL AID ORGANIZATION, NOR A CHARITY. We are an advocacy group, an educational group, and a public awareness group. We want to hear about the abuses you suffer, but we do not promise action on any particular incident. We look for patterns and always keep an eye on the BIG PICTURE. Your individual problems do not motivate us, we are dedicated to the BIG struggle. We care, but there is not enough room in our hearts to absorb all the misery. We act when we can see that our actions may impact the status quo.
One battle we are now waging is with the Parole Chair, Alfonzo Graham. His actions put a sharp point on the term political appointee. He is totally unqualified for his position, yet he has overruled 33% of his commissioner’s recom-mendations for parole. Guys were told to “pack your things, you’re going home” only to get word a week later that they were denied by the Chair. Some were given 24 month defers! This has devastated many families. This is truly cruel and unusual.
Alfonzo Graham refuses to speak with the families of the incarcerated even though his “position description” requires that he “provide interviews to family members...” He called our office after we raised Hell at the Governors office threatening to expose the political motivations of this new appointee. His justification for the reversals of recom-mendation were completely inadequate. He said that he is new to the job and he may not have acted in the best fashion. He promised to revisit these reversals, but we haven’t heard anything from the men affected.
We are working with the families of the affected men. We hope that all those who have been so shoddily treated contact us and send us their family contacts. We will be heard! Al Graham will meet with the families! Guaranteed!
He has not yet been confirmed by the Senate, and our efforts to block his official appointment won’t begin until after this election. The committee that must first review and approve his appointment is the Judiciary, Corrections, and Privacy Committee, with Senator Zien as Chair.
We look forward to the release of our comrade Frank R. He started PAC and has been working tirelessly right under the eyes and bootheel of the DOC; A fearless fighter will now be on the outside. Another strong comrade has fallen though. Dawud B. left his family and responsibilities for the false comfort of drugs and alcohol. He was a shining example of how one could turn oneself around. It’s so terribly sad. So sad for his wife and two beautiful children. We will miss Dawud being near us, his smile and intelligence were a comfort and pleasure to be near. Life on the outside can be so very difficult. We hope he finds peace.
This issue is about getting things done. Not about rhetoric and posing. Information, suggestions and letters from those who are not afraid, we hope, will motivate some of you to really join us.
In solidarity, PAC
Truth In Sentencing research update
There have been many rumors concerning The Truth in Sentencing Act. We have received many inquiries about it and information regarding the research. I hope to answer some of these concerns with this update.
Wisconsin Act 283 created truth in sentencing in Wisconsin but delayed its implementation until December 31, 1999. In the meantime, the Criminal Study Committee, also created under the Bill was to make recommendations for polices that would supplement the system outlined in Act 283. Particularly, the Committee was assigned the task of developing a uniform classification system for all state felonies and class A misdemeanors, with all felonies brought together into a single code.
1999 Assembly Bill 200, which created the Criminal Study Committee mandated the committee submit its report no later than August 31, 1999, which they did. When the committee delivered its report in August 1999, it was widely anticipated that the supplemental legislation it proposed would be enacted in time for official implementation of truth-in-sentencing on December 31,1999. However, that did
not happen.
Though promptly considered and passed by the Assembly (with but a few changes), the bill recommended by the committee stalled in the Senate. December 31, 1999 came and went: Act 283 went into effect, and the supplementary legislation needed to fully implement the original intent of the legislature expressed in Act 283 became trapped in Legislative gridlock.
There is a question that to be valid, all legislation must be enacted in conformity with the Constitution. Minnehaha County v. South Dakota St. Bd. of Equal, 84 S.D.640,176 N.W.2(i 56(1970).
Members and officers of the legislature. act under the solemnity of their oaths, and the provisions of the Constitution providing the various steps that shall be taken in passage of a bill are addressed mainly to the legislature. Independent Bankers, 346 N.W.2d at 742.
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The law is clear that if a bill is introduced and passed by one house of the legislature and the second house amends the bills, or refuses concurrence and returns it to the house of origin; if it is treated as concurred in and is sent to governor who approves it, and it is then published, it does not become Law. 10 Op. Atty. Gen. 613(1921).
The law makes it clear that the Legislature must comply with Constitutional requisites in passing legislation. In re Rounds, 659 N.W.2d 374,2003; SD 30,State v.Gonzales, 645 N.W.2d 264,253 Wis. 2d 134,2002 WI 59
It is my contention since the legislature did not implement the sentencing guidelines in the first TIS, under Act 283, and sent it to the governor who approved it, and it was passed into law, it was not legal, and therefore should be declared invalid.
I want to make it clear that since this is only my contention based on my research, this does not conclude this act is one that you can rush in court and seek a modification of sentence on this matter. There is much more research to be done on the issue, and we are closing in. There are a number of documents we have to to secure which will make that determination, which we are having problems attempting to retrieve from various sources that possess them.
For those of you who are telling everyone that PAC says the act is unconstitutional, this is simply not the case. Research PAC shares with you is from people who are researching the issue. PAC is by no means giving validation to the argument that this act is unconstitutional and PAC does not want to give you any false hopes. Neither do the people researching this issue by sharing this information with you. Like every issue until it is completely researched one cannot present whether
its constitutional or unconstitutional. Even when evidence shows it is illegal, the courts must confirm that such is the case, and as experience has taught us, the courts do not always rule according to law.
There are also rumors that a law now is before the legislature that will allow nonviolent offenders to serve 40% of their time before release. There is, nothing to confirm this, nor is there anything to confirm TIS is going to be repealed. Spreading rumors only hurts the cause and until you have seen this in writing don't pay any attention to it.
Like I stated above, there is much more research that needs to be done on this issue, and what has been uncovered so far looks very promising. However, we must continue to marshall the facts, and secure the evidence we need to show this law is illegal.
Some people have been taking what they get from the newsletter and running in courts seeking a sentence modification. They, don't develop the issue and because they do not and the court rules on an undeveloped issue, the cause is hurt, and many people suffer, because under the Doctrine of issue preclusion the issue becomes precluded from being raised in the manner we wish to bring it.
Some of you have been requesting information about the campaign to repeal TIS. There are organizations and legislatures working in this area, but not in the capacity of abolishing the law, only to reform it which means to give you what they want you to have and not what you deserve.
Before we can mount the campaign to focus on the repeal of TIS we must first organize the families. We must obtain members for committees in every town or city, who will commit themselves, to the cause.
This cause cannot become a reality if family members will not support it. They have the power to make the change and demand the repeal, but such cannot be accomplish until they unite for the cause.
It is important that every interested person write and send donations to PAC that it may cover the cost for the necessary paperwork and postage to send people so we can begin to organize.
We want to be able to present the names of each person who seek to repeal TIS to each other, so they will know each other and share the information with each other so everyone will be aware of what the other is doing and we all work towards the same goal and objective.
We want to reach taxpayers and concerned citizens as well as our representatives and senators to express our voices and demand they as our representative speak for us as taxpayers.
Prisoners must be well aware they cannot vote, so their voice means nothing. It is your family, friends, concerned citizens and the taxpayers and voters that politicians will listen to, and we must demand they do. So prisoners through your family and friends let your voices be heard. Tell them to join and support the cause.
One person cannot do all the work, nor make a big difference. This is our problem, which is all our problem. The spokesperson for PAC and those involved needs the assistance of all to make a difference.
In less than 45 days I will be released from prison, but not free from the abusive TIS law. I will be working with PAC and I want to travel across the state speaking about TIS and showing people the effects it has on all, and that it is essential to abolish this law, by repealing it.
Many people really don't care about prisoners or their families and many feel prisoners should remain in prison for the full length of their sentence. While they don't care about prisoners, they do care about their tax dollars being wasted, and money that should be going to education and social programs being spent to house prisoners for $26,000 a year. Many of these men and women should be released into society to take the burden off the system.
This is election time and the voices can and must be heard. So tell your families to speak loud by joining the struggle to repeal the TIS.
Your Comrade in the struggle,
Frank R.
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"OLD LAW UPDATE"
Since the last Newsletter a number of new developments have surfaced. I would like to address them, but it’s necessary for me to start by making a statement.
Many of you did not receive the last newsletter. For some unknown reason they mysteriously got lost in the mail at some of the institutions. Steps are being taken to address this matter but will not be discussed here.
PAC continues to receive a lot of letters from prisoners and family members regarding the old law issue. Few donations arrive with a request for PAC to assist them or their family member.
I want to be clear regarding PAC position with regards to the Old law Issue. We are working to bring a class action that would affect each and everyone under the old law situation. We are not working on individual cases. While we may publish your case and let others know about your litigation of the issue we will not devote our time and resources to your individual action. Our focus is on the class.
Mr. Sean Tate has provided us with some vital information extremely reverent to the old Law issue. He has obtained documents which will clearly show that as a result of the infamous 1994 letter of Governor Tommy Thompson, to Secretary Michael Sullivan; and the subsequent actions by Michael Sullivan and others, in fact implemented a new policy towards violent offenders, and in doing so created a hurdle which made it more difficult to be paroled. We will not distribute these documents to individuals who seek to bring an individual litigation, as to prevent the precluding of this issues from being raised in the Courts and we have encourage him to keep this evidence for the benefit of all.
Brother Shaheed Madyum informs us he has been in touch with an interested attorney which we are waiting to hear from.
Comrade Ben Sanders, whom many of us know, who has served well over 33 years; a very unselfish comrade, who has come upon money to fight his cause, is seeking to employ an attorney to represent not himself, but to file a class action that will have effect on everyone. He has yet to locate the appropriate lawyer and waits to here from all those he has written.
Jess Swinson has filed two separate litigations in the courts challenging the procedures in his case, which addresses the ex post facto issue. The documents me and several others have read are very, well put together, and if he is successful many people will be affected by the decision of the court.
Oscar. McMillian has also filed a certiorari in the courts which challenge the parole commission decision in his case. His motion is also put together very well, and a favorable decision in his case will result in benefits for many as well.
We have also obtain some very vital information, which is a letter from Michael Sullivan to Tommy Thompson referencing sex offenders. In that letter he informs former Governor Thompson that he has implemented a policy to keep sex offenders incarcerated until their MR. This letter is a smoking gun we will use to show how, this has effected those with sex offenses, creating a hurdle for them to for parole This evidence will demonstrate to the court that this meets the standard of a violation of the ex post facto clause. We will not send this letter for person to use it for their individual cases. This letter, and the letter Mr. Sean Tate has will be provided to the attorney we are seeking to use in our class action.
The Picnic was not what we expected, and many of the former prisoners did not show up. This was most disappointing. It appears many guys make commitments while in prison, but don’t keep them when they get out.
As the founder of PAC, I am scheduled to be released October 17, 2006. Mr. Van den Bosch and I will work with a number of others to get things moving to get thIs matter in the courts.
I assure you my fellow comrades I will not abandon you, and you can rest assure Mr. Van den Bosch and others who are very concerned about justice will not allow me to. My commitment to you - not to abandon the cause - is from the heart.
However, you must also realize that I must also work to provide for myself, and that I will be on supervision. That I cannot neglect myself and those I am responsible for and to. That I can give my time and work for justice, but I cannot be the solution for every problem, and take the time away from being focussed. So, I cannot commit to individual cases, other than those I've been committed to already.
My good friend Ben Sanders recently wrote me and stated these words of encouragement. He said, “Far to often, people who have been down for a while, tend to lose sight on what's important,but, realizing that no one individual struggles alone. When one struggles, we all struggle because we are all interconnected; It is a people problem,not an individual one. Until we realize that we are each other's keepers, that your problems are my problems, and that there is no “I", “me" and "my" in problems, then the problems we face as a people will continue to be our undoing. The problem with us as a people, is that those who are fortunate enough to obtain the so-called piece of the american dream, tend to divorce themselves from the rest of us by assuming the attitude that "hey, that’s their
problem, it has nothing to do with me. " They seem to forget where they came from, or the struggles they have endure along the way. They tend to look on something foreign and alien, much like a stranger in a foreign country where nobody speaks your language and you speak not theirs.”
Comrades, if we are to overcome our problems that have a tendency to make life as we know it, unique as a human experience then we must unite for a common cause. Since each of us possess a different gift, we should use those gifts to address the root causes of injustices, and propose a workable solution to the problem that affects us as a people.
Fellow Comrades, I have been in the trenches for well over thirty years of my 58. I have been the object of abuse, injustice and retaliation. I have not forgotten who I am and what is important, nor will I forget my friends, some like my brother, and many much closer than my very own family. I will be on the outside working, and I will put forth my best to expose the injustices and bring about some justice and humanity for us all. I will never sell my dignity as I will never forget the struggle. But I look at things as they really are and you must do the same.
As we get more information about Lawyers and litigations you will be informed. I trust to be out by the time the next newsletter is produced. I will send each member of the research committee update information and organize a method which we will share our research with each other.
Those of you who have information, we encourage you to send it so it can be shared with an attorney. I will work hard to get someone to represent this cause. I will not abandon the struggle.
Your Comrade,
Frank R.
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A MESSAGE FROM THE FOUNDER OF PAC
The days are nearing my release from the halls of hell. I dare not consider this being free, for freedom is something one has with no attachments, and yet I will be released from prison, I still will not be free.
However, I am fortunate enough to have the opportunity at freedom which brings me happiness, yet sadness as well, when I consider many of my comrades may never get this chance, and many will be left to fend against the many abuses which is the result of uncaring people.
When I think of all those left behind and the difficulty they face I am moved with compassion. A compassion which instills in me a devotion to the struggle against injustices. Then I think of the many before me who were released, who made commitments to the struggle, but once out, lost their focus. Then I am inspired not to lose mine.
For to me, to be free is not just to cast off one's chains, but to live in a way that respects and enhances the freedom of others. The true test of my devotion is just beginning.
For well over thirty years I have suffered from the many abuses inflicted by my oppressors. Not once did I give up, and never will I forget.
I have discovered who I am, what gifts I have and how I should use them and apply them to help myself and others. I have been given this opportunity and encouraged by many caring people who stand with me and support me and the struggle against injustice, and I am determine to stay focussed and committed, and have confidence in them to keep me focussed.
These people I speak about have become much more to me than friends. They have become like my very own family, such as a father, mother, sister and brother, but most of all people I love and respect and know they love and respect me.
I have walked a long road to get to this point in my life, and it has not been easy. I have taken a moment to reflect, to steal a view of the glorious vista that surrounds me, to look back on the distance I have come. But I can rest only a moment, for with devotion comes responsibilities, and I dare not linger, for my long walk is not yet ended.
I am committed to my friends and those I love, and I will not betray them nor allow them to be betrayed by others, that means for those in prison as well as those out.
In this deep and powerful sense I will be devoted.
Your comrade in the Struggle.
Frank R.
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OAKHILL LITIGATION
Inmates housed at the Oakhill Correctional Institution are pursuing litigation as a class that challenge the rules and policies related to Work/Job Assignments.
They are challenging the constitutionality of the Wardens rule which deny them the right to work outside the perimeter of the Institution or on a Special project, even when they have the assigned custody level. The justification for this rule is, the nature of their offense history or due to escapes and abscondings which are well over five years old.
DOC 309 IMP 52 governs all Institution rules related to Work Assignments/ Placements and the Warden of each Institution has the responsibility to enforce the DOC rules. Because the failure of the warden to implement rules consistent with those of the DOC IMP, inmates housed at Oakhill are being discriminated against and denied due process and equal protection as it relates to job assignments and placements.
Inmates Housed at Oakhill have become responsible men and have earned their way to work release. We stand together in the struggle against abuse and the psychology of its oppression. We will keep you updated on our progress. Frank R.
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WHAT YOU CAN DO!!
As stated in our cover page, we work hard to bring public awareness to the issues of incarceration. We write letters almost every day to newspapers, legislators, DOC officials and advocacy organizations. We believe that if more letters went to more of these people, we might slowly turn the tide of indifference. It’s a strategy that must be used, we have our voices, and we have the time to write.
On page 5 is a list of people who should hear what you have to say. On page 6 is a sample letter and some suggestions on how to write a letter that will have an impact. The phone numbers of some are included, so have your family members call and let these people know what they think about the WI prisons. Letters can be about your particular problem or be more general in nature, whatever works for you. If you have the postage, send us a copy; we’ll post them on our blog or print them in the newsletter.
If every one of you writes one letter a week to a different legislator, news outlet, or official, we can’t help but turn the tide. If each of you write one letter once a month, that will be 4,000 letters each month! It will have an impact!
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"We hang the petty thieves and appoint the great ones to office”- Aesop, c.550 B.C.
Department of Corrections:
mail to any of the following individuals should be sent to this address:
3099 East Washington Avenue
Post Office Box 7925
Madison, WI 53707-7925
Office of the Secretary
Mr. Matthew J. Frank, Secretary
Mr. Rick Raemisch, Deputy Secretary
Ms. Jessica Clark, Executive Assistant
Phone:(608) 240-5055
Division of Adult Institutions
Mr. Steven Casperson, Administrator
Mr. John Bett, Assistant Administrator
Ms. Denise Symdon, Assistant Administrator
Mr. Dan Westfield, Security Chief
Mr. Kevin Potter, Chief Legal Counsel
(608) 240-5035
General Public Information Phone: 608-240-5104
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The Parole Commission
Mr. Alfonso Graham, Chair
3099 East Washington Avenue
P.O. Box 7960
Madison, WI 53707-7960
Phone (608) 240-7280
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Senate Committee on Judiciary, Corrections, & Privacy
Senator David A. Zien, Chair
1716 63rd St.
Eau Claire, WI 54703
608-266-7511
Senator Glenn Grothman
111 S. 6th Ave.
West Bend, WI 53095
608-266-7513
Senator Fred Risser
5008 Rissre Rd.
Madison, WI 53705
608-266-7511
Senator Carol A. Roessler
1506 Jackson St.
Oshkosh, WI 54901
608-266-5300
Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208
608-266-5810
Office of the Governor
Governor Jim Doyle
Madison Office
P.O. Box 7863
Madison, WI 53707
608-266-1212
Ernesto Chacon, Deputy Director
Room 560
819 North 6th St.
Milwaukee, WI 53203
414-227-4344
Angela Russell
Agency Liaison
State Capitol 115 East
Madison, WI 53702
608-266-7794
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Other concerned legislators
Representative Pedro Colón
State Capitol Room 104 North
P.O. Box 8952
Madison 53708
608-267-7669
Representative Tamara Grigsby
State Capitol Room 122 North
P.O. Box 8952
Madison, WI 53708
608-266-0645
Representative Barbara Gronemus
State Capitol Room 114 North
P.O. Box 8952
Madison 53708
608-266-7015
Representative Marc Pocan
State Capitol Rm. 322W
P.O. Box 8952
Madison, WI 53708
608-266-8570
Representative Sheldon Wasserman State Capitol Room 214 North
P.O. Box 8952
Madison, WI 53708
608-266-7671
Representative Leon D. Young
State Capitol Room 118 North
P.O. Box 8953
Madison 53708
(608) 266-3786
Senator Spencer Coggs
Room 22 South
State Capitol
P.O. Box 7882
Madison 53707-7882
(608) 266-2500
U.S Representative Gwen Moore
District Office
219 N Milwaukee St STE 3A
Milwaukee, WI 53202
Phone: (414) 297-1140
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Legal and Advocacy
American Civil Liberties Union
204 Buffalo St Suite 325
Milwaukee, WI 53202
National Lawyers Guild
Atty. Patricia K. Hammel
Herrick & Kasdorf LLP
16 N Carroll St # 500
Madison, WI 53703-2773
Amnesty International
5 Penn Plaza - 14th floor
New York, NY 10001
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The Press
Milwaukee Journal Sentinel
Eugene Kane
P.O. Box 661
Milwaukee, WI 53201
Wisconsin State Journal
Phil Brinkman
Capital Newspapers
P.O. Box 8056
Madison, WI 53708
The Isthmus
Bill Lueders
101 King Street
Madison, WI 53703
Wisconsin Public Radio
Gil Halsted
821 University Avenue
Madison, WI 53706
Milwaukee Courier
2003 W. Capitol Dr.
Milwaukee, WI 53206
Milwaukee Community Journal
3612 N. Martin Luther King Jr. St.
Milwaukee, WI 53212
Shepherd Express
207 E. Buffalo Suite 410
Milwaukee, WI 53202
Prison Legal News
2400 N.W. 80th St. PMB #148
Seattle, WA 98117
Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208
Dear Senator Taylor,
This letter is addressed to you in your capacity as a member of the Judiciary, Corrections, and Privacy Committee of the Wisconsin Senate. One of your duties as a member of that committee is to advise the full senate on the qualifications of the gubernatorial appointee to Chair of the Parole Commission.
Mr. Alfonzo Graham has been in that position since May of 2006. He was appointed to that position after Mr. Lenard Wells stepped down under pressure from the Milwaukee Police Union. Mr. Graham was selected from the ranks of the Milwaukee Police Department and has no experience in penological or parole matters. A copy of his resume is available on request.
Since taking over the reins of the Parole Commission, Mr. Graham has drastically altered the way in which parole is granted. Even though he has no experience in this field he has overridden 33 percent of recommendations presented by his commissioners. These commissioners are experienced and knowledgeable people with a combined on-the-job tenure of 16 years. His actions to reverse recommendations have caused deep anguish with the families who were awaiting and expecting the return of their loved one.
Mr. Graham refuses to meet with, talk to, or answer letters from family members concerned with their incarcerated loved one. This despite the clear Position Description guidelines set forth by the WI Department of Employee Relations which suggest that 10 percent of his time is spent to “Provide interviews to family members, attorneys, etc., to discuss the parole status of a particular inmate, accept comments/information regarding parole...”
I hope you will work to block Mr. Graham’s confirmation. His few months in office have given you a clear indication of how he will manage his duties. He is completely unqualified and has acted in callous disregard to the inmates and their families. If you would like to hear some of the personal stories of the men and families who have suffered under his harsh new reign, please call.
Sincerely,
name
address
phone number
This is a sample letter that you may want to rewrite in your own words. This letter can be sent to any or all of the JCP committee members. Write your own letters about the conditions of confinement, or parole or health services, or a general comment on prisons in Wisconsin.Try to be clear and concise - stick to one issue. Try to provide evidence or proof of your assertion. Be respectful but firm. Make sure that the person you are writing to can take action on the issue presented. Use your own words to convey how you feel. Write often. Keep them informed. Your voice must be heard.
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Letter from MoSo
Dear PAC Readers,
This is MoSo, and I’m writing this letter to all the prisoners who read this news letter and to inform them they should contribute a small donation to this effort. Most people who know me, know of the struggles that others and myself have been involved in over the years and now we have a chance to make some headway in bettering our situation. If you want to bring back things such as banquettes, better visiting conditions, where your visitors are treated with some respect, or have some input or say-so on how all the money allocated for prison programs and education is being used, then you must have some power. The Court system can only do so much, and even that is being diminished by the Republican strong hold over the Political process and Judicial appointments. So the main Avenue now to combat this Evil force and obtaining any Justice, is in the political arena. This means we have to have the numbers. This is not an issue of right and wrong. We all know the Prison System is nothing more than a Racket. They make millions off poor peoples ignorance, pain and suffering. they know that most people in prison are not really "bad people" or not as bad as they have been portrayed, but they use your small evil deed in order to hide their greater evil and make it look justifiable. Its a case of the big crooks hiding behind the small crooks. They are the Masters of deception and propaganda. This is how they are so successful in passing all these crazy drug laws, which in turn spur more violent crime. Most of you are more of a victim yourselves than you really know or understand at this time.
In any case, you will continue being a victim until you learn how to play the game and get some POWER. And if you want POWER, then you have to have the NUMBERS. Your little small voice alone means nothing, no matter how right you may be. So don’t wait until you get thrown in segregation, possibly for no reason, or get messed around some other way because you have no power or say-so in the situation, before you want to make a move. Now is the time to prepare. You can do that by supporting this effort that can bring prisoners together and have a voice bigger than just yours when you need it. Right now you are nothing more than a commodity, like sheep and cattle. If you want to be recognized and treated like a human being, then you have to have power. Otherwise they don't recognize or see you as anything. This is why we are in the poor condition we are in today. No one wants to make any sacrifices.
So, I’m asking all persons who read this, to send in their contributions of 10, 15 or 20 dollars, whatever you can afford, to support this effort. Because this is a nonprofit organization, you can have the funds sent straight from your account. I myself will be sending what I can. And also I will be sending in the latest legal news on some cases that involve important issues and people we all know. So I hope in the next issue, its reported that many contributions have been received. So take care of that.
Incarcerate Bush for crimes against Humanity!!!!
MoSo
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Jailhouse Lawyer’s Handbook
Jailhouse Lawyer’s Handbook (PDF) - The Center for Constitutional Rights, in alliance with the National Lawyers Guild, has just released “The Jailhouse
Lawyer’s Handbook: How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison.” The handbook is a free resource for prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison. It can be downloaded, or you can request a copy by writing to us at the following address:
Jailhouse Lawyers Handbook
c/o The Center for Constitutional Rights
666 Broadway, 7th Floor
New York, NY 10012
Jail House Lawyers Handbook Women's Appendix (PDF) - The JHL Appendix for women is a free resource geared specifically to women prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison.
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"The state calls its own violence law & that of the individual, crime"
Max Stirner
Wisconsin Criminal Justice Study
Commission
A Partnership of the State Bar of Wisconsin, Marquette University Law School, the Wisconsin Attorney General’s Office, and the University of Wisconsin Law School
Charter Statement [partial]
The criminal justice system, like all human creations, is imperfect. At every stage of a case, system actors—victims, police officers, prosecutors, defense attorneys, and judges—make difficult decisions that both determine the fate of individuals and reflect the legitimacy of the system to the larger community. When the system fails, the consequences can be disastrous for both individuals and society.
One mission of the criminal justice system is to convict the guilty, and only the guilty. Recent events make clear that the system sometimes fails this fundamental mission by allowing people guilty of crimes- sometimes very serious ones- to go free and unpunish-ed. And even more intolerable, innocent people are convicted and punished in their place. This is unjust to individual victims and defendants and also undermines the legitimacy of the system by eroding public trust in its accuracy and fairness. Justice and legitimacy also suffer when the guilty go free, even if no one is wrongly convicted.
Between 1989 and 2003, at least 328 wrongly convicted people nationwide were legally exonerated and freed from prison. In many of those cases, the wrongful conviction of an innocent person meant that a violent and dangerous offender was allowed to escape detection and remain free in the community to commit other crimes. More than half of the 328 exonerated people served more than 10 years in prison. Eighty percent served at least five years. Overall, they served more than 3,400 years, at an estimated cost to taxpayers of $85 million. Based on the number of discovered exonera-tions, one worries that the actual number of wrongful convictions might be much higher.
Acknowledging the system’s imperfect-ions affords an opportunity for improvement. The exoneration cases have revealed specific, proven instances of system error, and other countries and states have taken the opportunity to investigate those cases and the problems revealed by them.
Supermax Settlement Agreement Update
On July 31st Judge Barbara Crabb entered an Opinion and Order in the ongoing fight for humane treatment at the Supermax (now WSPF). The DOC wants to end the Settlement Agree-ment, and apparently, Monitor Walter Dickey agrees that all portions of the Settlement Agreement have been met by WSPF. Attorney for the plaintiffs, Ed Garvey, disagrees and has sub-mitted evidence that major portions of the agreement continue to violate the Eighth and Fourteenth Amendments rights of prisoners there.
These violations include 1. insuring that mentally ill prisoners are not confined at WSPF, 2. forcing prisoners to choose between exercise and law library, 3. letting the cell temperatures exceed 84 degrees for extended periods, 4. transferring prisoners without adequ-ate pre-transfer process.
The DOC counters that even if some of these allegations are true, they do not constitute a “deficient system”, they are isolated incidents.
The up shot of all of this is that Judge Crabb has called for an evidentiary hearing to establish the merits of the plaintiff’s claims. At this writing, we do not know the date set for that hearing.
In the mean time, the White Elephant in Boscobel sits with empty cells, supposedly set aside for general pop-ulation prisoners. Better to bulldoze the entire place! Following are parts of a letter PAC sent to judge Crabb on May 22nd of this year. I hope we influenced the way this is going.
Dear Judge Crabb,
This letter is written in the hope that you will look closely at the supposed DOC compliance of the Settlement Agreement Jones v Berge, and that you will see the necessity of continuing your oversight of that agreement and the prison.
Professor Dickey’s proposals seemed, at first hearing, to offer reasonable compliance to the Settlement Agree-ment, but it has become apparent that the DOC has so twisted his intent, that the reality is a shell of what was proposed. The new “Phase System” is a three step reformulation of the five step Level System. The programs are the same and the method of advancement remains in the hands of the prison staff who continue to use petty infractions for retention at level. It is incredible to think that some prisoners have been there for six years without a major conduct report, and have no hope of leaving that abysmal place because they refuse to participate in the behavior modifica-tion regimen. This doesn’t change in the Phase System. This is a ruse.
The number of cells retained for segregation remains too large and the “need” to fill all beds will undoubtedly lead to the same type of retention schemes used in the past. In our newsletter, I wrote that the only physical change now taking place at WSPF is the revolving door between the GP and isolation areas. That was metaphor, but it accurately describes what lies ahead for the poor souls who find themselves in Boscobel.
The truth is, the overbuilding of segregation cells throughout the system and the pressure to use all beds has caused many prisoners to suffer years of unnecessary isolation. This phenomenon is most obvious and apparent at WSPF.
We do not speak for the plaintiffs in this matter, we speak for all citizens who demand accountability from our judiciary. The foot dragging at WSPF has gone on long enough. We beseech you to exercise your power to bring the DOC in line with decent human behavior. Retain the monitor and insist that substantive changes are initiated.
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Notice sent in by Duane Bull
The National Association for Equal Justice, 3131 E. Camelback Rd. 2nd Floor, Phoenix, AZ 85016 is seeking information regarding various mal-treatment and constitutional violation issues, and is particularly interested in information related to inadequate health and inadequate mental health care. They are gathering this informa-tion for the purpose of starting a major class action suit. All affected prisoners are asked to send a summary of their situation to the above address, along with adequate postage for their prompt response which will include further information.
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"The thorns that I have reaped are of the tree I planted.": Lord Byron
Help Wanted
Jason Procknow is seeking help from prisoners who filed ICIs at SMCI (Supermax) for dental related issues during the period 1999 -2002. Write him at: WCI, P.O. Box 351, Waupun, Wi 53963 DOC# 240914
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J.C. Fields -291798 is working on video conferencing following are parts of a letter from Matt Frank to Represen-tative Turner. Send your ideas and support to JC at NLCI, P.O. Box 2000, New Lisbon, WI 53950
Dear Representative Turner:
I received your letter relating to a suggestion by an inmate to establish a video visiting program. There is currently the ability to have families come to either the Milwaukee Secure Detention Facility or Racine Correct-ional Institution to visit by video conference with inmates at Stanley Correctional Institution or the Wis-consin Secure Correctional Facility [sic].
The Department is embarking on a major expansion of our video con-ferencing capabilities as part of our emphasis on reentry of offenders back into the community. We expect to have equipment at 35 Division of Community Corrections' Offices and 15 correctional institutions by late fall. This will be used by prison and community corrections staff during an offender's transition phase 1-3 months prior to release.
While this proposal may not be a comprehensive video visiting program, it will attempt to establish positive relationships with family and treat-ment providers prior to release from confinement to assist the offender in reentry to the community. The closer we work with families on reinte-gration issues, the better it is for a successful outcome. The RFP is expected to be awarded in January 2007 and it is expected that the program will be operational in the Milwaukee and Racine areas soon thereafter.
Please let me know if you have any questions on this initiative.
Sincerely,
Matt J. Frank Secretary
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Until lions have their historians, tales of the hunt shall always glorify the hunter: African proverb
posted by F. at 9:08 AM
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