Groupe 109 - Vallée de Chevreuse
Maison des Associations - 7, Avenue du Maréchal Foch - 91400 ORSAY
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AMNESTY
INTERNATIONAL Section Française Groupe 109 - Vallée de Chevreuse Maison des Associations - 7, Avenue du Maréchal Foch - 91400 ORSAY |
I. ARCHIVES DU GROUPE ET DES SOUS-GROUPES La peine de mort aux USA Les violations des droits de l'enfant 3 prisonniers d'opinion laotiens Un journaliste algérien "disparu" Historique :
1° colonne : nombre d'exécutés depuis 1977 (X) : nombre de dates fixées pour une exécution W : white (blanc) B : black (noir) N : native American (amérindien) L : latino A : asiatique F : feminine Des 1512 exécutions depuis 1976, il y en a eu 1333 par injection, 162 par électrocution, 11 en chambre à gaz, 3 par pendaison, 3 par peloton d'exécution.
Electrocution : AL, AR, FL, KY, OK, SC, TN, VA Injection : AL, AR, AZ, CA, CO, CT, DE, FL, GA, ID, IN, KS, KY, LA, MO, MS, MT, NC, NH, NM, NV, OH, OK, Pendaison : DE, WA Armes à feu : OK, UT Chambre à gaz : AZ, MO, OK, WY N’importe quelle méthode constitutionnelle : FL Pour le moment la méthode privilégiée dans tous ces Etats
est l’injection létale mais d’autres moyens restent ou deviennent "Life without Parole" (LWOP) (perpétuité réelle) est actuellement une option
partout. NM
a aboli la peine de mort en 2009, mais sans retroactivité (2 condamnés dans le Couloir). CT
a aboli en avril 2012 sans retroactivité mais la Cour Sup de CT a décidé qu’on
ne peut pas exécuter les 11 condamnés MD a aboli la pdm en mai 2013 sans rétroactivité,
mais le gouverneur sortant a commué pour les 4 déjà condamnés. NE
avait voté l"abolition en mai 2015. Mais la loi d'abolition a été abrogée par référendum (ballot) en novembre 2016 La cour sup de DE a déclaré son statut pdm anticonstitutionnel en août 2016. NH abolit la pdm par législation malgré le veto du gouverneur
1° colonne : nombre d'exécutés depuis 1977 (X) : nombre de dates fixées pour une exécution W : white (blanc) B : black (noir) N : native American (amérindien) L : latino A : asiatique F : feminine
USA / Georgie - Menace d'exécution de Troy Davis Vendredi 24 octobre 2008 La Cour d'appel fédérale (11ème circuit ) compétente pour la Géorgie a publié un arrêt dans lequel elle "accorde une suspension temporaire de l'exécution" prévue lundi 27 octobre en Géorgie. Elle demande aux parties de lui remettre leurs conclusions dans les quinze jours, à l'issue desquels elle aura elle-même dix jours pour se prononcer sur un éventuel renvoi de l'affaire en première instance. Les cours d'appel fédérales se
prononcent uniquement sur la forme.
C'est le tribunal devant lequel l'affaire sera éventuellement
renvoyée
qui décidera si cet homme de 40 ans, dont 17 dans le couloir de
la
mort, peut bénéficier, comme il le réclame, d'un
nouveau procès. Selon la cour d'appel, Troy Davis
doit notamment démontrer qu'il «peut présenter
des preuves soutenant sa réclamation». Si le 11e circuit accepte de programmer
l'audience, le sursis sera prolongé en cnséquence. Sinon
il sera levé et une 4ème date d'exécution
fixée.
Comme ce sursis est le fait de 3 juges, l'Etat de
Georgie
peut en appeler à l'ensemble de la cour du 11e circuit de se
reunir en
banc pour le lever. Le procureur est-il prêt a prendre ce risque ?
Le 14 octobre, la Cour suprême des
Etats-Unis avait rejeté sa
requête, rendant son exécution imminente. Le lendemain, un
juge de
Géorgie avait rédigé un ordre d'exécution
pour le 27 octobre. An Open Letter to Troy Davis following the Supreme Court Decision
(X) : nombre de dates fixées pour une exécution W : white (blanc) B : black (noir) N : native American (amérindien) L : latino A : asiatique F : feminine Des 1099 exécutions depuis 1976, il y en a eu 927 par injection, 156 par électrocution, 11 en chambre à gaz, 3 par pendaison, 2 par peloton d'exécution.
1° colonne : nombre d'exécutés depuis 1977 (X) : nombre de dates fixées pour une exécution W : white (blanc) B : black (noir) N : native American (amérindien) L : latino A : asiatique F : feminine Des 1057 exécutions depuis 1976, il y en a eu 887 par injection, 154 par électrocution, 11 en chambre à gaz, 3 par pendaison, 2 par peloton d'exécution.
1° colonne : nombre
d'exécutés depuis 1977 Des 1004 exécutions depuis 1976, il y en a eu 835 par
injection, 153 par électrocution, 11 en chambre à gaz, 3
par pendaison, 2 par peloton d'exécution.
1° colonne : nombre
d'exécutés depuis 1977 De ces 944 exécutions, il y en a eu 776 par injection, 152
par électrocution, 11 en chambre à gaz,
Informations 2003
1° colonne : nombre
d'exécutés depuis 1977 De ces 885 exécutions, il y en a eu 718 par injection, 151
par électrocution, 11 en chambre à gaz,
1° colonne :
nombre
d'exécutés depuis 1977
Informations 2001 12 décembre 2001
W : white B : black
N : native American F : feminine
7 avril 2001 LA COUR SUPREME DES ETATS-UNIS La Cour Suprême des Etats-Unis est l'arbitre ultime du respect de la Constitution, tant par le pouvoir législatif que par le pouvoir exécutif, tant par les organes fédéraux que par les organes des Etats. Elle est plus que notre Conseil d'Etat et notre Conseil Constitutionnel réunis. Elle peut trancher de grands litiges affectant tout le pays, annuler, si elle la juge anti-constitutionnelle, une décision du Président ou du Ministre de la Justice (US Attorney General), une loi d'Etat. Elle peut accepter ou non d'entendre l'appel d'un quelconque particulier, ceci toujours sous l'aspect unique de conformité avec la Constitution. La Cour est dotée d'un pouvoir énorme, car la Constitution, avec ses amendements dont les 10 premiers forment la Bill of Rights (déclaration des droits), comporte bien d'endroits à termes assez flous pour permettre une souplesse considérable d'interprétation. Dans l'ensemble c'est une bonne chose, car cela permet au pays de ne pas trop se figer. Mais cela peut aussi faire des dégâts quand l'orientation majoritaire de la Cour est particulièrement conservatrice. On a vu par exemple, dans Herrera c. Collins (1993), qu'une majorité des juges a trouvé que Herrera n'avait pas à venir leur montrer des preuves d'innocence tardives; cela ne les intéressait pas du moment que son procès s'était déroulé dans les règles. Il a donc été constitutionnellement exécuté. Les neuf membres de la Cour Suprême sont nommés à vie par le Président des Etats-Unis, mais ce choix doit être ratifié par le Sénat. Voici la composition actuelle : Chief Justice William H. REHNQUIST Associate Justices John Paul STEVENS Sandra DAY O'CONNOR Antonin SCALIA Anthony M. KENNEDY David H. SOUTER Clarence THOMAS Ruth BADER GINSBURG Stephen BREYER Les plus conservateurs de ces juges sont Antonin Scalia et Clarence Thomas (le seul noir), suivis de près par William Rehnquist, Anthony Kennedy et Sandra Day O'Connor. Très souvent ils votent 5 à 4 (comme dans l'affaire des élections présidentielles en Floride). Bien que nommés par le Président, les juges de la Cour Suprême, une fois nommés, deviennent libres vis-à-vis du pouvoir politique, n'ayant pas, contrairement à la plupart des juges des Etats, à faire campagne pour être élus ou ré-élus. Ils peuvent évoluer. Ainsi John Paul Stevens, par exemple, semble avoir fait du chemin. Trois ou quatre de ces juges pourraient prendre leur retraite au cours du mandat de 4 ans du Président George W. Bush Jr. On peut craindre qu'ils ne soient remplacés par des ultra-conservateurs, si le choix présidentiel du ministre de la justice est une indication. George Bush a en effet nommé comme US Attorney General (ministre de la justice) l'ancien gouverneur du Missouri, John Ashcroft. Lorsqu'il était gouverneur, Monsieur Ashcroft avait opposé son veto sur un projet de loi qui aurait rendu plus facile aux habitants de quartiers pauvres de s'inscrire pour pouvoir voter. De même il s'était opposé à la déségrégation scolaire. Il s'oppose encore aux timides projets de limitation du port d'armes, préférant sévir beaucoup plus sévèrement contre les criminels qui en font mauvais usage. Tout condamné peut faire appel à la Cour Suprême des Etats-Unis, pour cause de non-constitutionnalité de son procès. Mais les juges n'acceptent d'entendre qu'un très faible pourcentage de ces appels. Ils choisissent des cas typiques, ainsi les retombées de leurs décisions affectent une large catégorie de prisonniers. Les prochaines décisions attendues ayant des
implications pour la peine de mort concernent les cas de Johnny Paul
Penry (Texas), et Ernest McCarver (North Carolina). Autres informations 2001 Manifestation DIE-IN pour l'abolition de la peine de mort aux USA Informations 2000 31 décembre 2000 85 prisonniers mis à mort aux États-Unis en 2000 n° depuis date 599
1/6 Malcolm
JOHNSON OK (Oklahoma) (* mineur = mineur au moment du crime) population approx. Texas
40
20 000 000 9 novembre 2000 David Paul HAMMER (juridiction
fédérale), qui a changé d'avis et ne veut plus
renoncer à ses appels, a reçu un sursis - jusqu'au 31
janvier 2000 - pour lui permettre de faire appel. A cette
date-là, ce ne sera plus du ressort de Clinton, à
qui on avait adressé une demande. Cyberpétition mise sur l'Internet par Nicole Fontaine, Présidente du Parlement Européen : http://www.ecart-type.com/en/Schedule2.htm#forum
Tim DAVIS suite Sa femme, Paula Davis, nous fait savoir que ses avocats ont preparé un nouveau document de 40 pages concernant le non-respect du Pacte Relatif aux Droits Civils et Politiques par l'Etat d'Alabama (Tim avait 17 ans lors des faits pour lesquels il est condamné). Ceci sera presenté bientôt, on ne sait pas encore s'il va être examiné ou rejeté pour des raisons de procédure. Rappelons que le Pacte fut signé par les Etats-Unis en
1977 et ratifié en 1992. Art. 6(5) du ICCPR (International
Covenant on Civil and Political Rights) interdit l'imposition de la
peine de mort pour des crimes commis en-dessous de 18 ans. Lors de la
ratification, les Etats-Unis ont "reservé le droit" de condamner
à mort en-dessous de 18 ans. Cependant l'Article 4 du Pacte
déclare qu'aucune dérogation à l'article 6(5) ne
pourra être acceptée. Le Comité des Droits de
l'Homme des Nations Unies, mis en place pour examiner le
respect ou non-respect du Pacte, a déclaré que la
réserve
émise par les Etats-Unis est incompatible avec l'objet du Pacte
et
irrecevable. 6 juin 2000 Quelques nouvelles: La Cour Suprême des États-Unis et la ATEDPA (Anti-Terrorism and Effective Death Penalty Act). Les retombées constitutionnelles et
anti-constitutionnelles de cette loi de 1996 qui visait à
raccourcir la période entre sentence et exécution en
limitant les possibilités d'appel au niveau
fédéral pour les condamnés à mort, se font
de plus en plus sentir. Une décision 5-4 en avril rend
généralement plus difficile pour un juge
fédéral de renverser la décision d'un tribunal
d'Etat. A présent il ne peut le faire que si la Cour d'Etat va
à l'opposé de la jurisprudence de la Cour Suprême
US ou l'applique de manière "non raisonnable". L'erreur est
permise, pourvu qu'elle soit raisonnable. Arizona Californie Il y aura du 16 au 19 novembre 2000 un colloque
d'abolitionnistes "Building a Unified Strategy on Ending the Death
Penalty" (BUSEDP) à San Francisco, organisé par American
Civil Liberties Union, American Friends Service Committee (Quaker),
Amnesty International, California
People of Faith Working Against the Death Penalty, Death Penalty Focus
of California, Murder Victims' Families For Reconciliation (MVFR), the
National Coalition to Abolish the Death Penalty (NCADP) et
d'autres
encore. Floride Illinois Louisiane Maryland Missouri New Hampshire North Carolina Texas Virginie Washington (State)
15 avril 2000 Un sondage Gallup en février donne 66% des citoyens des États-Unis en faveur de la peine de mort - le pourcentage le plus bas depuis 20 ans. Cela reste une large majorité ________________________ AU NIVEAU FEDERAL Projet de loi au Congrès : Innocence Protection Act Un projet de loi est introduit par les députés LaHood (rép. Ill) et Delahunt (dém. Mass) visant à empêcher l'exécution d'innocents. Il reflète celui introduit au Sénat en février par le sénateur Leahy (dém. Vermont). Ce projet propose d'agir: - en instaurant le droit pour un prisonnier d'obtenir et
d'utiliser des analyses d'ADN qui pourraient l'aider à
établir son
innocence. (Ce droit n'existe actuellement que dans l'Illinois et le
New
York. Ailleurs il est activement contré par de nombreux juges et
procureurs.) Pour des prisonniers indigents, ces tests seraient
payés
par l'état. Les résultats, ainsi que tout autre
échantillon
biologique prélevé, devraient être soigneusement
conservés jusqu'à la libération ou
l'exécution du condamné. Ce projet, soutenu à la fois par des républicains et par des démocrates, par des partisans de la peine de mort et par des abolitionnistes, indique un tournant, car la tendance du Congrès ces dernières années a été plutôt de restreindre les droits des détenus à se défendre. Attention, ce n'est pas encore voté, souhaitons-lui bon vent. Un deuxième projet de loi, cherchant à
instaurer un moratoire de 7 ans sur tout le pays a été
introduit par le représentant Jesse Jackson (dém.Il). DEVELOPPEMENTS DANS LES ETATS L'Alabama a adopté l'injection létale
comme moyen de mise à mort. La chaise électrique restera
une option jusqu'à une certaine date pour ceux qui sont
déjà condamnés. En Floride, un projet de loi en ce sens
(définissant un attardé mental comme ayant un QI de moins
de 70, ou un âge mental de 10 ans) a été
accepté par la commission
juridique du Sénat, mais risque de mourir dans la Chambre des
Représentants, où le président de la commission
concernée a déclaré qu'il en bloquerait la
discussion. Un comité mis en place par le gouverneur Jeb Bush
(Capital Cases Task Force) a affirmé qu'il n'y a pas lieu de
légiférer sur ces questions: il n'y a ni discrimination
raciale dans l'application de la peine de mort, ni un problème
par rapport à l'âge mental des condamnés. La Géorgie adopte également l'injection létale pour les crimes commis après le 1er mai 2000. Les personnes condamnées pour des crimes commis avant cette date seront électrocutées, sauf si la Cour Suprême des États-Unis ou la Cour Supême de Géorgie déclare la chaise électrique inconstitutionnelle. Kentucky New Hampshire South Dakota devient le treizième des 38 états pratiquant la peine de mort à adopter une loi qui interdit l'exécution des arriérés mentaux. North Carolina y songe. Texas Virginie
18 février 2000 Cela bouge aux États-Unis !Une bonne nouvelle : Avec 98 prisonniers mis à mort en 1999, et
déjà 13 en 2000, il y a peu de raisons de se
réjouir. Fin janvier, le gouverneur de l'Illinois, George Ryan (républicain et favorable à la peine de mort), a déclaré un moratoire de fait, tant que le système de peine capitale de l'état reste entâché par des pratiques inacceptables qui sont devenues monnaie courante. En effet, depuis 1977, 13 condamnés à mort ont été innocentés et libérés (sur 86 dans l'ensemble du pays). Dans la même période 12 personnes ont été exécutés (611 dans le pays). Cinq des 13 innocentés ne l'ont pas été par la voie normale de l'aide judiciaire, mais par des étudiants en journalisme et en droit qui avaient mené leurs propres enquêtes en tant que projets d'études. D'autres journalistes ont repris le thème, le Chicago Tribune en particulier. Des cas de fausses pièces à conviction, de témoins amenés à mentir par la pression policière, d'avocats de la défense suspendus ou interdits, d'informations cachées par l'accusation, surgissent tous les jours. Saluons le courage politique du premier gouverneur à dire que cela suffit. D'autant plus que c'est contagieux. L'ABA (American Bar Association), qui avait encouru la désapprobation du Président Clinton en demandant un moratoire en 1997, revient à l'attaque. Pour elle le besoin est encore plus grand au Texas, en Floride (20 innocentés), en Louisiane. Elle ne s'oppose pas à la peine de mort, mais considère que la manière dont on l'applique est aussi injuste et aleatoire qu'en 1972 avant le premier moratoire. Le Sénateur US Russ Feingold a demandé au
Président Clinton de suspendre les exécutions qui
relèvent de la juridiction fédérale et d'ordonner
une enquête sérieuse
sur la peine de mort fédérale. Le Président a
promis
de considérer cette demande, mais finalement rejette
l'idée
d'un moratoire fédéral, comme d'un moratoire national.
Cependant il ne s'oppose pas à une enquête dans le cas de
la juridiction fédérale . Janet Reno, Attorney
General, a déjà lancé une enquête sur une
éventuelle discrimination raciale dans l'application de la peine
de mort fédérale. Des Etats abolitionnistes, Iowa, Maine, Massachusetts,
Michigan, ont rejeté des projets de lois cherchant à
rétablir la peine de mort. L'évolution de l'espoir d'un moratoire dans d'autres Etats (février 2000) Californie Floride, Alabama, Géorgie En Alabama l'avocat Bryan Stevenson fait à son tour le
même type d'appel pour le compte d'un autre condamné
(Robert Tarver). Celui-ci a reçu un sursis 2 heures avant son
rendezvous avec Yellow Mama, la Cour Suprême ayant accepté
d'examiner la
question. Si la Cour décide que la chaise électrique
constitue une "punition cruelle et inhabituelle", elle sera interdite
par la Constitution. L'Alabama cherche aussi à changer
rapidement sa méthode d'exécution. La Géorgie songe aussi à abandonner la chaise électrique, certains veulent y ajouter "seulement dans le cas où elle sera déclarée anticonstitutionnelle". Indiana Kentucky (Des sondages ont donné des résultats similaires en Californie, Illinois, New Jersey, New York, Ohio.) Louisiane Maryland Missouri Nebraska New Hampshire New Jersey New Mexico North Carolina Oklahoma Oregon Pennsylvanie Texas Virginie Washington State Voilà. Ce ne sont que des miettes, mais nous ne lâcherons pas la patate, comme on dit en Louisiane. Le débat sur la peine de mort est actuellement très vif aux États Unis. "There hasn't been this kind of discussion questioning the death penalty in decades. I think you're at the beginning of the wave of public sentiment against the death penalty. I think it was the Illinois situation that crystallized it" (Russ Feingold).
Conditions inhumaines dans le couloir de la mort du Texas (Polunsky Unit) Poème de Stephen Wayne Anderson (1994), exécuté par injection léthale par l'Etat de Californie, le 29 janvier 2002
Timothy DAVIS, Alabama (Sentenced to Death
as a Juvenile)
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Conditions inhumaines dans le couloir de la mort du Texas (Polunsky Unit)
février 2002 Evasion et déménagement En 1998, 7 détenus se sont évadés du couloir de la mort, alors placé dans l'unité Ellis, près de Huntsville. Un seul, Martin Gurule, a réussi à atteindre l'extérieur de l'ensemble pénitencier. Son corps a été retrouvé une semaine plus tard, noyé dans une petite rivière des alentours, une balle dans l'épaule. En réponse aux critiques, l'administration pénitentiaire a été réorganisée, les règlements durcis, le personnel remanié. Puis en 1999-2000 le couloir de la mort a été relogé dans l'unité Terrell, près de Livingston. Cette unité a si mauvaise presse que Monsieur Terrell, un notable et ancien président du conseil d'administration du Texas Board of Criminal Justice, a demandé que son nom n'y soit plus associé. A présent cela s'appelle le Polunsky Unit. Conditions à Polunsky Pour accéder au couloir de la mort à l'intérieur de Polunsky, il faut passer une bonne douzaine de portails fermés à clef, une série de grillages de 4m de haut, des barbelés enroulés et une palisade électrifiée. Ici vivent quelques 450 hommes (les 7 femmes sont ailleurs), chacun seul dans une cellule de 2m sur 3 pendant 23 heures sur 24. Il n'y a pas de fenêtres, seulement une fente en haut du mur, une autre dans la porte blindée. Il y a trois niveaux, 2 et 3 étant des niveaux disciplinaires. L'heure de " sortie " se passe seul dans une autre petite pièce vide 5 fois par semaine, 2 fois dans une petite cage à l'extérieur. Pour le niveau 3, le plus dur, la sortie est souvent réduite à une fois par semaine, parfois en slip ou tout nu dans le froid. La privation de sommeil est un problème sérieux. Toute la journée on entend claquer les portes en métal, les cris des détenus et des gardiens. La nuit on vérifie toutes les heures que chacun est bien présent en braquant une lumière sur lui jusqu'à ce qu'il bouge (toutes les demi-heures pour le niveau 3 où le détenu doit en plus décliner son matricule). Nourriture Insuffisante et inmangeable. Au niveau 3 les prisonniers maigrissent à vue d'oeil, n'ayant plus le droit d'acheter de petits suppléments. Petit déjeuner à partir de 3h du matin, déjeuner à partir de 9h, diner à partir de 15h. Soins médicaux Il faut être vraiment mal en point pour obtenir des soins. Et même en ce cas on ne réussit pas toujours. Ainsi Eddie Rowton est mort en mars 2001 après deux jours d'appels au secours ignorés. Protestations Pour protester contre ces conditions inhumaines, un condamné, Roy Pippin, a fait une grève de la faim de 36 jours en novembre-décembre 2001. D'autres, ont voulu porter plainte à l'intérieur et en même temps faire savoir à l'extérieur ce qui s'y passe. Mais il faut beaucoup de courage car les représailles ne manquent pas, mesures punitives, suppression de visites, fouilles répétées, confiscation ou destruction d'affaires personnelles, gazage et passages à tabac violents à l'intérieur des cellules. Ce n'est pas étonnant si la plupart des prisonniers préfèrent se taire. Extraits de lettres envoyées par Roy Pippin à une amie à l'extérieur ***** ***** ****** *********** Jan 12 **** **** ***** **** It's 2:30 PM. F Pod is locked down now. I knew it would happen,
one or two guys go off and everyone pays for it, johnnies, no showers, no
rec, etc. I wouldn't doubt it will last for a very long time too. The
rank lied again, "No, we won't punish all of you for what a few guys do".
Can't tell. Guess the shit in the warden's face (Population, Chance)
did the trick. People need to know what leads men to resort to such
actions.I'm sure my stay back here will be extended. I've just about
had it with the treatment they are giving everyone back here. I just
hope you will be willing to stand by me if I go the other route. I
really don't want to go that route, but it could happen if the stress is
like the last lockdown. You know what that led to. You're not going to believe this one, Nancy! They are shaking down
each cell and taking cups, milk cartons, shampoo bottles, and tearing up
the cells while wearing their run - in equipment and using a dog leash on
us, walking us to stand in the corner and pulling on the f___ leach to stop.
Like I said, it's about time to go the other way. It's back to being
":found guilty" "having property taken", never being served a case to begin
with" "being treated like a dog - literally". No charges, no counsel,
no hearing, found guilty by association in violation of due process laws.
Please let people know that a major problem is the use of Absolute Power
and Rule over prisoners that had nothing to do with the situation that "set
them off". Figure on me being back here a few years. I will be
sending I 60s and letters to wardens, majors etc. Sgt Griggs just said
this is all Warden Chance's decision. Punishment wihout due process?
**** A hot meal! Whoosh! Tea served - no cups. I used the plastic Penthouse cover and drank from it. Taking containers - like shit can'tbe thrown by hand!**** **** Roy Pippin Lettre d'Alvin Kelly TRIAL BY FIRE My name is Alvin Kelly, I am presently incarcerated on Texas Death Rowat the Polunsky Unit in Livingston, Texas. We (Death Row) were movedover here to the then Terrell Unit since named Polunsky Unit in March2000 from Ellis One Unit in Huntsville, Texas, where we had a workprogram, religious services, in-cell craft program, group exercise andin and outs each hour on the hour, just as population does. Of coursewe were not allowed to mingle with population inmates, we were kept in aDeath Row society separated from all the others. Since our move to the new Polunsky Unit we have been placed in isolationcells and denied all we have grown used to. I have been on DR now forover 10 years, 8 of those years I spent on the work program free ofhandcuffs and allowed all privileges as were available at that time. Since coming here to the Polunsky Unit we are locked in our cells 23hours a day. We are allowed out for one hour exercise plus a shower.The rest of the time we are in our cells. These are isolation cells 11ft x 7 ft with a stainless steel sink and toilet, a bunk against the farwall and a small table built into the wall by the head of the bunk, allmade of steel. We are not allowed any work program at all, no TVs, no religious services, no craft program, and no group rec. Everything here is singleman cells and single man rec (exercise). We are strip searched andhandcuffed every time we leave our cell for any reason. Escorted by 2officers, one holding on to your arm at all times, to any place we go,shower, rec, medical or visitation. Then placed in the cage atdestination and uncuffed, all except medical. You are never uncuffedduring medical exam at all for any reason. I explain all of this to give you an idea of what a day on DR is likeand the isolation cells add to the tension and atmosphere. I am a Christian and consider myself a strong and mature Christian. As Iívesaid, I've been on the Row now for over 10 years and I have never beenin any trouble and never had a disciplinary case of any kind for anyreason. At Ellis Unit I was allowed Bible study on Friday nights andchurch service on Sunday. So I kept my life filled with doing God'sbusiness and reading and studying His word. My perspective on mostthings is different than most because I align all I do to God's law andHis word. I try to live at peace with all men, including the authorityover me here. I learned a lot about myself after coming to the Polunsky Unit back inMarch 2000. A lot of it I didn't like and was honestly very ugly. Myspeech changed, my attitude towards others changed, my temper gotshorter and my whole world just seemed to be out of control. I stillread by Bible daily, do a college Bible study course, and pray 3- timesa day. But still I seem to be mad most of the time. In December of 2001 the Unit instituted a new policy of our personalproperty could not exceed 2 bags. So this brought on a major shakedownwhich we were all locked down in our cells 24/7. During this shakedownI received my very first disciplinary case which was for having my oldcraft supplies that I was once allowed to purchase while at Ellis One.This consisted of my small stapler, staples, craft scissors, 1 oz gluebottle, craft razor blade, and some clear tape. All of which I've hadfor over 2 years of being here. I pleaded guilty to the charge becauseI was in possession of the items. However, a 10 year clean disciplinaryrecord did not mean anything, so I was given 15 days cell restriction,then placed on Level 2 and moved to F-pod. F-pod is a disciplinary podtotally Level 2 and Level 3. Level 2 is property restriction, ie radio,fan typewriter, all electrical, no commissary except 10 dollars postagematerials (stamps, pen, legal pads, envelopes etc.) every 2 weeks.Level 2 can also buy hygiene supplies once every 30 days, ie shampoo,toothpaste, deodorant. We are not allowed anything else from the unitcommissary. We're only allowed rec one hour a day Monday - Thursday, 4days a week. On Friday, Saturday and Sunday we are locked down 24/7.We were not even allowed our thermal underwear this winter even when itwas down to 30 degrees outside. We are only allowed 2 regular visits amonth. Level 1 is allowed 1 visit per week each month. Level 3 is not allowed any hygiene supplies at all, only postage every 2weeks. So the atmosphere down here is filled with animosity. Thepeople back here are denied anything beyond the meagre necessities tosurvive in any sort of dignity or humanity. It is an evil and vileplace. The atmosphere is filled with cussing, beating and banging andfloods, fires, feces and urine being chunked on people, gas beingsprayed in peoples' cells or the day room where everyone has to breatheit in. Visitation being denied some just because they live on F-pod,and it just goes on and on. I write this article to reflect what I as a Christian have learned in mystay back here at F-pod. I do not begrudge or belittle any man backhere his stand or actions against this unfair and unjust disciplinarysystem. I myself have to answer to God first and then to man. I try tolive my life, even back here, in obedience to God's law and submissiveto manís. Iíve found it hard, cruel and at times almost unbearable.However, what I have learned is that God sometimes allows us to beplaced in a situation or circumstances of our own making to allow us toface a deep seated sin in our lives so we can recognise it and confessit to Him, and grow in maturity and spirituality. Mine I came to knowface to face was my anger. I am not proud of my actions upon firstarriving on F-pod nor my response to the officials around me, as well asother inmates. However, as I was faced with all this and came to seethe ugly anger buried deep within me, I began to cry out to God, Helpme! The first day I did this I must have went to God 20 times asking for Hishelp to get past my anger. The next day maybe 15, then 10, then 5, andso on until even now I still get angry and believe me in this place itsjust a matter of time. But now as soon as I do, no matter what thecircumstances, I go straight to God and I'm over it. I may not still behappy but I'm not out of control either, therefore I sin not. I take itto God, he calms my soul, forgives me, I therefore forgive the person Iwas angry with and God deals with the problem so its not a problem anymore. I still have a long way to go in my walk and I am trying every day tostudy and pray to come closer to Christ so I can be a witness in thisdarkness to all those who are lost so they too can come to know the hopeand the joy of salvation by grace through faith in Jesus Christ. Alvin Kelly 99012 21 November 2001 *************** Reporters take tour of Texas' death row A visitor entering through the front door of the Texas prison system's Polunsky Unit goes through at least a dozen locking gates, a series of 12-foot-high chain link fences, rings of razor wire and an electrified fence before reaching the most notorious cells in the prison -- death row. "Somebody that's never been around it is always interested," Loyd Massey, the warden in charge of death row, said as prison officials gave reporters a rare peek into the isolated world of Texas' 435 condemned men. "Everybody wants to know the process, or what the inmates are like." Inmates -- some of them the most infamous in the state -- were off-limits to reporters during the hour-long briefing today, although at least one shouted through a small window in the door to his cell, urging that "inmates' side of the story" be told. While the state's seven female death row inmates are kept at a prison in Gatesville, male condemned inmates have been housed at the prison just east of Livingston since June 1999 in the wake of the Thanksgiving night breakout the previous year by 7 death row prisoners from the Ellis Unit, just northeast of Huntsville. One of them, Martin Gurule, managed to get over a pair of fences and became the 1st prisoner to escape death row in Texas in 64 years. He drowned shortly after the breakout not far from the prison but his body wasn't found until a week later. At the Polunsky Unit, inmates are alone in their 60-square-foot cell that's equipped with a bunk, a cubicle beneath the steel bunk to store personal items, 2 shelves, a fluorescent light built in to the wall and a stainless steel sink-commode. There's a slit of a window high above the bunk, providing little more than a glimpse of the sky, a single electric outlet, an air vent, a light switch and a cable jack for those inmates allowed to have radios. There is no television on death row. Fourteen cells make up a section of a pod and each pod has 6 sections, monitored by officers both walking the concrete floors and stationed inside a central control room area. There are 6 pods on death row, named A through F, with "F Pod" housing the most troublesome inmates known for "assault behavior, for throwing unknown liquids, urine, feces" at officers, said Capt. Selester Bacon, a supervisor on death row. Clear plastic coverings have had to be put over the grilled but open 2 slivers of window on their cell doors to ease the danger to anyone walking by the door, he said. Breakfast begins about 3 a.m., served through a slot in the cell door. Lunch begins at 9 a.m. and dinner at 3 p.m. It's lights out about 10 p.m. Inmates get a daily hour of recreation, either in an inside room where there's a chinning bar, a small floor mat and a table, or outdoors in a concrete-walled and fenced cage where they can shoot a basketball through a hoop. If they are removed from their cells, they are handcuffed and accompanied by at least 2 officers, one of them carrying a riot baton. Texas Department of Criminal Justice officials also showed off a pair of new security devices: an electrified fence that surrounds the building that includes death row and an electronic chair that detects the presence of metal inside an inmate. The fence, a product of Oregon-based StunFence Security Systems, delivers non-lethal but jolting pulses of energy less than a second apart to the fence wires and alerts corrections officers if someone tries to scale it. "Detect, delay, deter," Senior Warden Jim Zeller, the overall man in charge of the Polunsky Unit, said. "It'll zap you." It's the 1st use of a StunFence in Texas prisons. "TDCJ is enthusiastic about exploring this new innovative fence system to assist in fulfilling our mission in public safety," said Doug Dretke, deputy director of the prison system. The B.O.S.S. Chair -- an acronym for Body Orifice Scanning System -- is a metal detector in the shape of a chair and is capable of finding metal hidden within the body of a prisoner. Like a handcuff key. Last year, condemned killer Ponchai Wilkerson stunned prison officials when his last act while strapped to the death chamber gurney was to spit a handcuff key from his mouth. Massey said some death row inmates are less troublesome than their counterparts in the general prison population. "They know what they've done and what they're here for, so some of them are going to do their time and work on their appeals," he said. The heinous crimes or notoriety of his inmates don't add to the pressure of his job, Massey insisted. "As long as you know the policies and procedures," he said. "It just means a lot more attention." Bacon, who said he's been attacked but never injured during his 23 years in the corrections department, agreed. "I wouldn't say I get scared," he said. "Once you come into this business, you know what you have. You build your own comfort zone when you're in this environment." (source: Houston Chronicle) 23 Nov 2001 TEXAS: Death row: stark life inside, little view of outside--Reporters get up-close
look at lifestyle, living quarters of Texas' condemned prisoners. A visitor entering through the front door of the Texas prison system's Polunsky Unit goes through at least a dozen locking gates, a series of 12-foot-high chain-link fences, rings of razor wire and an electrified fence before reaching the most notorious cells in the prison -- death row. "Somebody that's never been around it is always interested," Loyd Massey, the warden in charge of death row, said as prison officials gave reporters a rare peek into the isolated world of Texas' 435 condemned men. "Everybody wants to know the process, or what the inmates are like." Inmates -- some of them the most infamous in the state -- were off-limits to reporters during the hour-long briefing Wednesday, although at least one shouted through a small window in the door to his cell, urging that "inmates' side of the story" be told. While the state's seven female death row inmates are kept at a prison in Gatesville, male condemned inmates have been housed at the prison just east of Livingston since June 1999 in the wake of the Thanksgiving night breakout the previous year by 7 death-row prisoners from the Ellis Unit, just northeast of Huntsville. One of them, Martin Gurule, managed to get over a pair of fences and became the first prisoner to escape death row in Texas in 64 years. He drowned shortly after the breakout not far from the prison, but his body wasn't found until a week later. At the Polunsky Unit, each inmate is alone in a 60-square-foot cell that's equipped with a bunk, a cubicle beneath the steel bunk to store personal items, two shelves, a fluorescent light built in to the wall and a stainless steel sink-commode. There's a slit of a window high above the bunk, providing little more than a glimpse of the sky, a single electric outlet, an air vent, a light switch and a cable jack for those inmates allowed to have radios. There is no television on death row. 14 cells make up a section of a pod, and each pod has 6 sections, monitored by officers both walking the concrete floors and stationed inside a central control room area. There are 6 pods on death row, named A through F, with "F Pod" housing the most troublesome inmates known for "assault behavior, for throwing unknown liquids, urine, feces" at officers, said Capt. Selester Bacon, a supervisor on death row. Clear plastic coverings have had to be placed over the grilled but open 2 slivers of window on their cell doors to ease the danger to anyone walking by the door, he said. Breakfast begins about 3 a.m., served through a slot in the cell door. Lunch begins at 9 a.m. and dinner at 3 p.m. It's lights out about 10 p.m. Inmates get a daily hour of recreation, either in an inside room where there's a chinning bar, a small floor mat and a table, or outdoors in a concrete-walled and fenced cage where they can shoot a basketball through a hoop. If they are removed from their cells, they are handcuffed and accompanied by at least 2 officers, one of them carrying a riot baton. Texas Department of Criminal Justice officials also showed off a pair of new security devices: An electrified fence that surrounds the building that includes death row and an electronic chair that detects metal inside an inmate. The fence, a product of Oregon-based StunFence Security Systems, delivers nonlethal but jolting pulses of energy less than a second apart to the fence wires and alerts corrections officers if someone tries to scale it. "Detect, delay, deter," Senior Warden Jim Zeller, the man in charge of the Polunsky Unit, said. "It'll zap you." It's the first use of a StunFence in Texas prisons. The prison system " is enthusiastic about exploring this new innovative fence system to assist in fulfilling our mission in public safety," said Doug Dretke, deputy director of the prison system. The B.O.S.S. Chair -- an acronym for Body Orifice Scanning System -- is a metal detector in the shape of a chair and is capable of finding metal hidden within the body of a prisoner. Like a handcuff key. Last year, condemned killer Ponchai Wilkerson stunned prison officials when his last act while strapped to the death chamber gurney was to spit a handcuff key from his mouth. Massey said some death row inmates are less troublesome than their counterparts in the general prison population. "They know what they've done and what they're here for, so some of them are going to do their time and work on their appeals," he said. The heinous crimes or notoriety of his inmates don't add to the pressure of his job, Massey said. "As long as you know the policies and procedures," he added. "It just means a lot more attention." Bacon, who said he's been attacked but never injured during his 23 years in the corrections department, agreed. "I wouldn't say I get scared," he said. "Once you come into this business, you know what you have. You build your own comfort zone when you're in this environment." (source: Associated Press) Dec. 16, 2001 Texas death row inmates still face 'the chair' Even where death follows a mandated schedule there is beauty. Well-tended rose bushes line the sidewalk leading from the entrance of the Texas Department of Criminal Justice's Polunsky Unit to the first internal picket, as prison system employees and inmates call security control points. 2 flowerbeds, one bordered by a 5-point star and the other in the shape of Texas, decorate the grassy yard between the prison's 2 outer fences and its interior buildings. Trusties - low-risk prisoners with good records - cultivate the flowers. Though still convicted criminals, the trusties who handle the gardening and other jobs are model citizens compared to the 449 men occupying 60-square-foot single-person cells in Building 12, better known as death row. Beyond the landscaping, a visitor finds unintended irony: "Do the Right Thing" reads a large sign at the entrance to the administrative area of the prison. At the entrance to Death Row, the last stop before lethal injection for those convicted of not always doing the right thing, is another sign full of nuance: "Think Safety." Safety always has been a consideration at TDCJ, but three years ago an inmate name Martin Gurule made prison officials even more safety conscious. On Thanksgiving night in 1998, Gurule and 6 other death row inmates made it out of their cells in an escape attempt. Gurule succeeded in getting over 2 fences and off the unit, the 1st condemned man to do that in Texas in 64 years. While his freedom was short-lived - he drowned shortly after escaping - a week went by before searchers found his body. The manhunt got national media attention. The Gurule incident was the catalyst for a sweeping series of security changes at TDCH only recently completed. The 1st change was the agency's decision to move death row from the Ellis Unit, where it had been since 1965, to a newer facility on a 4720-acre site 5 miles east of Livingston in Polk County. Opened in the fall of 1993, the Polunsky Unit can accommodate 2,900 prisoners. As of late November, it held 2,779 inmates, including the men on death row. When the decision was made to move death row, an area of the unit containing 6 pods was retrofitted to accommodate the higher level of security necessary for condemned prisoners. Each pod has 84 cells. Prisoners facing execution were transferred to the new unit in June 1999. This year, $1,380,028 has been spent on death row security upgrades ranging from enclosure of visitation booths to installation of security covers over light fixtures. Roughly 1/5 of that amount, $369,750, went toward installation of the prison system's first electrified fence. The high fence surrounds Building 12. Contact with the fence, in addition to delivering a powerful but nonlethal jolt to anyone who touches it, triggers an alarm. Another component of the death row security improvements is a piece of futuristic-looking equipment called B.O.S.S. for Body Orifice Scanning System. B.O.S.S. looks like a space-age version of Old Sparky, the electric chair Texas used from 1923 to 1964 to execute 361 people. Though the heavy oak chair has long since been retired to a museum on the courthouse square in Huntsville, condemned inmates about to take their last walk must first sit down in the new electronic chair. Installed last summer, the chair is used to check for hidden objects on inmates entering or leaving death row. Housing death row inmates costs the state $53.15 per day per inmate, TDCJ spokesman Larry Todd said. Death row inmates are divided into 3 risk levels, D1 to D3. The 17 prisoners in the D3 category are the hard cases. "Those are the assaulters," Capt. Selester Bacon said. "When you go to their cell, they are likely to throw body fluids, urine or feces at you or try to hurt you." But 2 officers in black protective vests, both equipped with canisters of pepper spray and one with a riot baton, always accompany all death row inmates when they are out of their cells. When the next death-row prisoner's time comes, he will be escorted from his cell and asked to sit in the B.O.S.S. chair. If no contraband objects are detected, he will be walked a short distance to a fenced sally port. From there, he will be driven with a protective escort to the Walls Unit in Huntsville. Once at the Walls Unit, the state of Texas will bear its last expense associated with his case: $86.08 worth of drugs that will bring unconsciousness and stop his respiration and heartbeat. Other than yelling between cells, no contact is allowed between inmates. "Inmates with execution dates are kept under higher scrutiny," prison spokesman Larry Fitzgerald said. "The corrections officers keep a log of their activities. Starting 96 hours out (from their execution), they are checked every 15 minutes. 5 inmates are in Pod A with pending execution dates. (source: Amarillo Globe-News) Friends, I have received letters today from Roy Pippin written December 13 and14. He also sent signed statements from other prisoners on F Pod. I will print excerpts of Roy's letters and the complete statements of the other men. He also sent me transcripts of I 60s he has sent in. I will forward the text upon request. Nancy Bailey ************************************************************* **** I am so pissed off I'm getting dizzy all the time. These lying
________s are not making notations that I refuse my meals. There is
a total conspiracy by guards, staff and probably the warden. Nurse
Byron just came by saying the record showed I ate twice yesterday.
She smelled my breath and said she knows I'm telling the truth, but that
the **** A simple sign on my door saying to make note of anytime I do eat would do, but they refuse to do that. I knew this would hapen. I'm sending I-60s in, but it's no use. I'm not even going to get up to request they make sure I refused my meal anymore. It won't help anyway. **** I don't know what can be done about the prison discrediting my hunger strike with false reports. Probably not much. I will start sending in sick call requests each day if necessary and go be tested to prove I'm not eating. Please notify ______ that exactly what I said was going to happen, not VRing me, is happening. Nancy, I swear to God I have not had anything but water. **** I got to rec today. I was out for about 2 hours. My cell was full of rain water when I came back in. Oh boy. I'm weak from walking and standing. I guess it's catching up to me or it's all the mopping and coughing up gas. Dec.14 **** I'm getting increasingly dizzy. I slept some last night, but not much. **** Today I was called to the nurse's office. It is unreal. They say I need to do a sick call and submit a urine test every day if the guards write down that I accepted a meal. (How do I know?) So, I figure I will put one in every day. _____ took me to the nurse to get an EKG and to see Dr. Porras. He is sending me potassium to take each day becuase my heart is irregular and skipping beats. **** They just moved ____ out to Level 3 and put Alvin Kelly in 18 cell. No cases in 10 years and they level him for a stapler he has had for years. What? 10, 12 or more shakedowns here, and they don't take it. Now it's a "major case" and Level 2 for having it? ********************************************************************** Statements from other prisoners (remember, Roy was not put on F pod until November 30, although his hunger strike started November 26) Concerning Pippen, I hear when the officer all "VR when he refuses his tray. Since hhe moved to F pod 19 cell I have not heard him accept a tray of food. Some officers take it upon themselves not to write VR (verbally refuse) to undermine the purpose in what he is on a hunger strike for. Franklin Alix 999286 My name is Derrick Leon Jackson 999263. I've been living in the cell next to Roy Pippin 999170 since December the 3rd and even before then (before I even knew who he was or why he was doing it) I was living upstairs above him, and I am writing this letter in support of him and his efforts, to let it be known that he has not eaten a tray at no time since 11-30-01 when he's been living on F pod near me. It's been brought to my attention that the officers are attempting to discredit his refusing to eat (non violent protesting the inhuman treatment of inmates on Death Row here at Polunsky Unit) by not reporting his specific request that it be documented that he's refusing all of his trays. I live next to this man, and I've asked / offered my milk from breakfast, and he's told me strictly water. I ask that everyone please continue to support Mr. Pippin by getting involved to correct the physically mentally torturious dehumanizing conditions initiated and forced upon inmates by the officials here (from the warden down to / through the C.O.s Intently / Truthfully / Sincerely Derrick Jackson As a Level 2 housed death row inmate I kenneth W. Moros 999117 am housed 4 cells down from Roy Lee Pippin, who has been on a hunger strike since before he was moved in 12-FB-19. I personly khave heard Mr. Roy Lee Pippin "denie" all meals since being in 12-FB-19 cell. Where my cell is 12-FB-15 I can see down the run in the direction of Mrr. Pippin's cell, and I am the first one to receive any meal on FB section one row whenever we are receiving meals. So I am up and I have not saw Mr. Pippin eat anything or receive any meals that the state provides. What I have saw and heard is when Mr. Pippin denies a meal, the official working the control post does not record the denial so record will show. Respectfully Kenny Moros In the matter of offender Roy Pippin 999170, 12 FB-19 ongoing hungerstrike, since November 30, 2001. I, Gary Etheridge 000986 on the 13th day of December 2001 have witness by eye and by ear that at each meal served offender Pippin has verbally refused to accept meals, and no meal at all has been entered via the good try slot of his cell since November 39. This includes breakfast, lunch and dinner each day since Nov. 30, 2001 Furthermore offender Pippin has verbally informed the guards at meal time to cite his VR for hunger strike in the appropriate logbooks. Many guards do not / have not entered offender Pippins VR as required by verbal communication to the picket guard via intercom as is standard pprocedure I am personally aware of these facts, I have witnessed this from 2 cells away from Pippin's cell I swear the above affidavit and facts are true. Gary Etheridge I, Darryl Wheatfall, 999020 living inside cage 18 F pod (12) building upon Polunsky Unit, Livingston, Texas when Prisoner, Roy Pippin moved into cage (19) November 30. Since, I've witness Pippin refuse all of his meals the guards has attempted to give him. I've heard him several times ask guards to make sure they tell the Picket officer he (DR) done refuse: to write this on their paperworks. There has been days Pippin refused his food while the officers were more concerned on passing out the traies, never relayed this to the guard in the picket that Pippin refused. I've witness where Pippin told me, that he couldn't stand at his door to hold a conversation due to the weaken body strength and dizziness. I didn't know Roy Pippin, until that day Nov 30. For a man with no disciplinary history inside his 6 years of confinement to death row, is standing up alone against an abusive administration; 19 days! is a long time, suffering mind and body without eaten a thing trying to generate attention to the abusive condition and treatment prisoners are subjected to ie confinement to one cage (24 and 23) hours a day, no TV / radios allowed, guards holding daily newspapers and magazines denying outside news sources, poor food and small helping to control prisoners the way a hostage would be treated; Ranking officials supporting retaliating guards or creating senseless acts themselves, totally ignoring the policy while using their leveling system to attack and hold prisoners down. It's under these circumstances Roy Pippin is willing to starve his self to death!!! This is exactly what I've witness since he moved in cage 19. Truthfully and respectfully submitted by Darryl Wheatfall 17 Dec 2001 Roy Pippin, on death row in Texas since 1994, convicted of capital murder in connection with the deaths of cocaine distributors, is conducting a one man non-violent protest and hunger strike in a effort to bring attention to inhumane conditions and procedures on Texas Death Row. Roy has not eaten since November 26, 2001. He has consumed only water since that time. Since Roy's arrival on death row, he has had no disciplinary reports or actions of any kind. In the past, similar actions by other prisoners on death row were discredited because of past disciplinary penalties. Roy has been reassigned to Level Two and is now on F pod in a cell which leaks and floods and has a ceiling light fixture which does not operate correctly. Background Prisoners on death row are now confined to small 60 square foot cells for 23 hours a day. During the one hour when they are out of the cell, they are not allowed to meet with other prisoners. They cannot play cards together, play basketball together or talk about their cases with other prisoners who are knowledgeable of the legal system as freely as they did at the Ellis Unit, although a legal visit with another inmate may or may not be granted at the discretion of the warden. Instead, for their recreation, five days a week they spend the hour in a different empty room, alone. This room is equipped only with a chinning bar, nothing else. Two days a week they are transported to a small outdoor run, which is adjacent to another run which is occupied for the hour by another inmate. This is the only opportunity to converse with anyone other than the guards who transport them or bring food, mail, or other prison deliveries. There were occasions this past winter when the weather was particularly cold and also rainy, that inmates were given the choice of taking their recreation outside or losing the opportunity to leave their cell for an hour. This choice was presented to inmates who were not scheduled to recreate outside in many instances. Guards could be heard boasting of successfully completing recreation transport by 10 AM. Sleep deprivation is a very serious problem. There is noise 24 hours a day, with metal doors clanging, guards and prisoners shouting, walkie talkies blaring throughout the night. Each hour all night long a guard does a prisoner count, looking into each cell and shining a flashlight on the prisoner until he moves. Breakfast service begins at 3 AM. Food is a topic that is named by the prisoners as one of the most serious problems. This may not be limited to death row, but definitely affects this area in a profound way because all death row prisoners are brought their food by a guard. A major category in this problem is the size of portions. The servings are universally inadequate in size, although the larger the prisoner, the more serious portion size is. Secondly, the food may be unsatisfactory in quality. For instance, meat is often spoiled or discolored or visibly unsuitable for consumption in other ways. A frequent menu, pancakes and beans or pancakes and peanut butter may be inedible because the pancakes have been cooked in rancid grease. Milk may be spoiled. Food is never hot and is rarely warm unless there is a scheduled inspection tour. Letters of complaint about these ongoing problems are invariably met with denial. Letters of response deny receiving any noticeable complaints about quality, quantity, and unsatisfactory temperature at which food is served and cite the nutritional guidelines which are stringently followed in the preparation of prisoners' meals. In addition, since an escape attempt from the Ellis Unit in 1998, the federally mandated work program has been eliminated. Joint church services are no longer allowed. Arts and crafts have been cut back to the point that crafts of a type once done by many inmates just do not exist. There are no longer TVs to watch. The impact of this extreme isolation on the prisoners has been significant. In addition to facing their eventual execution, they are forced to endure brutal conditions that can cause or exacerbate mental illness and cause the prisoners to give up on their appeals. Families of the prisoners are forced to watch this treatment and its inevitable effect on their family members, powerless to do anything to remedy the situation. The conditions on Levels 2 and 3, where prisoners are sent if there have been some disciplinary problems, are even more harsh. These prisoners lose the privilege of having personal property in their cells other than the most basic of hygiene needs. They lose the use of their radio. They cannot buy anything at all from commissary, such as stamps, writing materials, or snacks. Typically prisoners on Levels 2 and 3 lose weight, because they are not able to supplement their meals with these snacks. Prisoners on these levels suffer the most from inadequate portions of food. Additionally, their visitation privileges are reduced. Instead of 1 visit per week, level 2 prisoners are entitled to 2 visits per month, and level 3 prisoner are entitled to one visit per month. Recently a decision was made to deny extended visitation privileges to these prisoners for families and friends, who travel long distances to visit them (two 4 hour visits vs. the normal 2 hour visit). This change has the result of creating a serious problem for potential visitors who may have to make plans and possibly plane reservations well in advance. Although administration has given "an incentive to good behavior" as their reason for this rule, because of the capricious nature of disciplinary classifications, and even more capricious nature of reclassifications to Level 1, it leaves visitors unable to plan to take advantage of a policy that was created for their convenience and to encourage family support, a stated mission of the prison system. In addition, prisoners have been denied the opportunity to occasionally make telephone calls to family members and friends. This privilege was canceled because of "shortage of personnel". These changes serve to increasingly isolate the prisoners from their families and friends as well as to increase tensions within the prison. They are unnecessary for security reasons. Medical care for death row prisoners leaves a lot to be desired. When a prisoner fills out a request for medical attention, there is never a possibility for an actual examination of something like handcuff injury which is common particularly for the larger prisoners. There is no help available unless the medical condition renders the prisoner in a near death condition. In some instances that has been the case, and attention has still not been rendered. For example, in the first week of July, 2001, a prisoner, Larry Hayes 999358, wrote a letter to a friend asking for help. He had been pleading for medical attention since June 28 because he was suffering from acute abdominal pain. He was refused attention because he was not "bleeding or throwing up" the criteria for being deemed an emergency. He finally received help as a result of outside calls to both administration and the legal counsel's office. In March, 2001, Eddie Rowton, collapsed in his cell after crying for help for more than 2 days while guards ignored his pleas. He died as a result of his heart attack. Justice for death row prisoners is practically nonexistent. If they are abused or mistreated by a guard and submit a complaint to that effect, there is no independent board that will objectively investigate the complaint. False disciplinary reports, resulting in reclassification to Level 2 or 3, with the accompanying loss of privileges, are sometimes filed by guards, and prisoners are often severely disciplined for minor infractions. For example a prisoner can be reclassified to Level 2 for failure to shave. Throwing a wadded up piece of paper at a guard would likely result in reclassification to level 3, as this would be deemed to be an assault, a very serious offense. TDCJ's Internal Affairs Department and its Ombudsman Office effectively work for the prison system. In most cases a call to the Ombudsman's office will result, not in an inquiry from that office into the circumstances with the possibility of a more reasonable resolution, but merely an explanation of the prison system's position on the handing of the disciplinary action. At particular issue at this time is a lock down of death row which was conducted from November 16 to December 3 following reports of contraband found in the cell of a prisoner executed on November 15. This is 18 days. Not only was a search for contraband conducted, but enforcement of a policy limiting the property a prisoner could have in his cell to what would fit in two property bags was implemented. Overages had to be sent home or forfeited. During the lock down prisoners were fed sack lunches, deprived of showers far in excess of the maximum intervals, and denied recreation (walking around in another empty room 5 days a week, walking alone in a small run 2 days a week). They were not given clean clothes or towels. Another lock down of the entire Polunsky Unit is scheduled for January. Summary of Restrictive Policy Changes While death row was still at Ellis, a decision was made to enforce a rule limiting a prisoner's ability to change his or her visitor list to once every 6 months, certainly creating problems for those who have large families. Following a Thanksgiving weekend escape attempt at Ellis made possible by personnel negligence, the federally mandated Prisoner Work Program was discontinued. Although talk has circulated by prison personnel including officials that there would once again be a work program, to this date, it has not happened. In 1999 and 2000 death row was moved to the Terrell/Polunsky Unit. At that time death row prisoners were placed in isolation cells, where they were to remain for the rest of their lives. They lost access to TVs. They moved to an environment where they were referred to as a "cell number" instead of a name. In June, 2001 the warden decided that "as an incentive to good behavior" prisoners not on Level One could not receive Special Visits, a designation given to a more liberal length of visitation granted to visitors traveling more than 300 miles. In July, 2001, the privilege of making phone calls available to Level 1 prisoners was discontinued "due to staff shortages." In the last two months prisoners were informed that all of their belongings must fit in two property bags, a requirement which makes it more difficult for prisoners to receive books and paper goods purchased on the outside by family or friends. All overages have to be sent home or forfeited. It is hard to understand why TDCJ feels that increasingly punitive procedures are good policy when the result is steadily increasing tension within the unit. There are things TDCJ can do to make life more bearable on death row without sacrificing order and security. Recommendations 1. Modification of lock down procedure. Current policy is that if only death row is locked down for the purpose of a shakedown (search for contraband), the entirety of death row is locked down at the same time. This is not a practical necessity. Shakedowns could be conducted by locking down each pod as searches are conducted. Prisoners could be given regular meals instead of sack lunches and allowed to shower, recreate, and have clean clothes and towels. If only death row is locked down, the prisoners who assist in the kitchen and laundry are not locked down. They are prisoners from population. Additionally, there are two guards required to be on each pod whether there is a lock down or not. These guards are the ones who perform escort services to recreation and showers when there is not a lock down. They could just as easily perform these functions as long as that pod is not locked down. If the entire facility is on lock down as is planned in January, the areas that house inmates who assist in the kitchen and laundry are locked down less than a week so they can return to their duties. There is no practical reason why death row prisoners should remain on lock down or be denied regular meals, recreation and regular showers while shakedown of the entire facility is conducted. Lock down of a facility is not for the purpose of punishment. When a prisoner is put on "cell restriction" as a punishment, he is still allowed to recreated one day a week. This makes a lock down more punitive than the penalty of "cell restriction." 2. Availability of TV to prisoners on death row. They could be sold in commissary like electric typewriters are currently sold. 3. Reinstatement of work program. 4. Some form of interaction with other prisoners, such as group recreation limited to each pod. The facility was designed so that the cell doors can be electronically opened and the area monitored from the control room. 5. Electronically open each cell door and allow the prisoner to walk unescorted to the shower. 6. Reinstatement of group religious services. 7. Reinstatement of availability of advanced art supplies Action Requested Please send letters voicing your objections to these conditions with your recommendations and your concern for Roy Pippin to: Governor Rick Perry Lt. Governor Bill Ratliff If you are a Texan, please contact your own legislators, plus any others you may think will be helpful. Members of the Texas Board Of Criminal Justice Alfred M. Stringfellow, Chairman Alfred Moran, Vice Chair Don Jones, Secretary Adrian A. Arriaga, Member Judge Mary Bacon, Member Christina Melton Crain, Member Patricia A. Day, Member Pierce Miller, Member William "Hank" Moody, Member Carl Reynolds Kofi Annan The American Correctional Association Please indicate on each of your letters where you have sent copies of your letters. This action has been originated by the Texas Coalition To Abolish The
Death Penalty 14 DEC 2001 Friends, I have received letters today from Roy Pippin written December 13 and 14. He also sent signed statements from other prisoners on F Pod. I will print excerpts of Roy's letters and the complete statements of the other men. He also sent me transcripts of I 60s he has sent in. I will forward the text upon request. Nancy Bailey ************************************************************* **** I am so pissed off I'm getting dizzy all the time. These lying________s are not making notations that I refuse my meals. There is a total conspiracy by guards, staff and probably the warden. Nurse Byron just came by saying the record showed I ate twice yesterday. She smelled my breath and said she knows I'm telling the truth, but that the records are what they have to go by. Told ya they would do this. I will take any test they want to prove I haven't eaten. Nurse _____ said I need to put in a sick call request every other day to be tested (blood work) to prove I haven't eaten. I'm so pissed you can not imagine. I can see Fitzgerald lying his ___ off saying I am eating. **** A simple sign on my door saying to make note of anytime I do eat would do, but they refuse to do that. I knew this would hapen. I'm sending I-60s in, but it's no use. I'm not even going to get up to request they make sure I refused my meal anymore. It won't help anyway. **** I don't know what can be done about the prison discrediting my hunger
strike with false reports. Probably not much. I will start sending
in sick call requests each day if necessary and go be tested to prove I'm
not eating. Please notify ______ that exactly what I said was going
to happen, not VRing me, is happening. Nancy, I swear to God I **** I got to rec today. I was out for about 2 hours. My cell was full of rain water when I came back in. Oh boy. I'm weak from walking and standing. I guess it's catching up to me or it's all the mopping and coughing up gas. Dec.14 **** I'm getting increasingly dizzy. I slept some last night, but not much. **** Today I was called to the nurse's office. It is unreal. They say I need to do a sick call and submit a urine test every day if the guards write down that I accepted a meal. (How do I know?) So, I figure I will put one in every day. _____ took me to the nurse to get an EKG and to see Dr. Porras. He is sending me potassium to take each day becuase my heart is irregular and skipping beats. **** They just moved ____ out to Level 3 and put Alvin Kelly in 18 cell. No cases in 10 years and they level him for a stapler he has had for years. What? 10, 12 or more shakedowns here, and they don't take it. Now it's a "major case" and Level 2 for having it? ********************************************************************* Statements from other prisoners (remember, Roy was not put on F pod until November 30, although his hunger strike started November 26) Concerning Pippen, I hear when the officer all "VR when he refuses his tray. Since hhe moved to F pod 19 cell I have not heard him accept a tray of food. Some officers take it upon themselves not to write VR (verbally refuse) to undermine the purpose in what he is on a hunger strike for. Franklin Alix 999286 My name is Derrick Leon Jackson 999263. I've been living in the cell next to Roy Pippin 999170 since December the 3rd and even before then (before I even knew who he was or why he was doing it) I was living upstairs above him, and I am writing this letter in support of him and his efforts, to let it be known that he has not eaten a tray at no time since 11-30-01 when he's been living on F pod near me. It's been brought to my attention that the officers are attempting to discredit his refusing to eat (non violent protesting the inhuman treatment of inmates on Death Row here at Polunsky Unit) by not reporting his specific request that it be documented that he's refusing all of his trays. I live next to this man, and I've asked / offered my milk from breakfast, and he's told me strictly water. I ask that everyone please continue to support Mr. Pippin by getting involved to correct the physically mentally torturious dehumanizing conditions initiated and forced upon inmates by the officials here (from the warden down to / through the C. O.s Intently / Truthfully / Sincerely Derrick Jackson As a Level 2 housed death row inmate I kenneth W. Moros 999117 am housed 4 cells down from Roy Lee Pippin, who has been on a hunger strike since before he was moved in 12-FB-19. I personly khave heard Mr. Roy Lee Pippin "denie" all meals since being in 12-FB-19 cell. Where my cell is 12-FB-15 I can see down the run in the direction of Mrr. Pippin's cell, and I am the first one to receive any meal on FB section one row whenever we are receiving meals. So I am up and I have not saw Mr. Pippin eat anything or receive any meals that the state provides. What I have saw and heard is when Mr. Pippin denies a meal, the official working the control post does not record the denial so record will show. Respectfully Kenny Moros In the matter of offender Roy Pippin 999170, 12 FB-19 ongoing hungerstrike, since November 30, 2001. I, Gary Etheridge 000986 on the 13th day of December 2001 have witness by eye and by ear that at each meal served offender Pippin has verbally refused to accept meals, and no meal at all has been entered via the good try slot of his cell since November 39. This includes breakfast, lunch and dinner each day since Nov. 30, 2001 Furthermore offender Pippin has verbally informed the guards at meal time to cite his VR for hunger strike in the appropriate logbooks. Many guards do not / have not entered offender Pippins VR as required by verbal communication to the picket guard via intercom as is standard procedure I am personally aware of these facts, I have witnessed this from 2 cells away from Pippin's cell I swear the above affidavit and facts are true. Gary Etheridge I, Darryl Wheatfall, 999020 living inside cage 18 F pod (12) building upon Polunsky Unit, Livingston, Texas when Prisoner, Roy Pippin moved into cage (19) November 30. Since, I've witness Pippin refuse all of his meals the guards has attempted to give him. I've heard him several times ask guards to make sure they tell the Picket officer he (DR) done refuse: to write this on their paperworks. There has been days Pippin refused his food while the officers were more concerned on passing out the traies, never relayed this to the guard in the picket that Pippin refused. I've witness where Pippin told me, that he couldn't stand at his door to hold a conversation due to the weaken body strength and dizziness. I didn't know Roy Pippin, until that day Nov 30. For a man with no disciplinary history inside his 6 years of confinement to death row, is standing up alone against an abusive administration; 19 days! is a long time, suffering mind and body without eaten a thing trying to generate attention to the abusive condition and treatment prisoners are subjected to ie confinement to one cage (24 and 23) hours a day, no TV / radios allowed, guards holding daily newspapers and magazines denying outside news sources, poor food and small helping to control prisoners the way a hostage would be treated; Ranking officials supporting retaliating guards or creating senseless acts themselves, totally ignoring the policy while using their leveling system to attack and hold prisoners down. It's under these circumstances Roy Pippin is willing to starve his self to death!!! This is exactly what I've witness since he moved in cage 19. Truthfully and respectfully submitted by Darryl Wheatfall *************************** Friends, Today is Day 26 of Roy Pippin's Hunger Strike. Not much has changed.
There is still resistance on the part of the guards to documenting his refusal
of his meals. He is being monitored by the medical division at this
point daily. He is receiving support mail and want's me to tell everyone
who has written how much the support means to him. Please ********************************************************************* **** Skinner got gassed today. There must be some new rule of using pepper spray. It use to be that the camera had to be on with a run-in squad standing by. Lil Jack (cell 20) said they did the same thing to him. Walked up - said to come out for a shake down. He walked up to protest harrassment, and they sprayed him in the face. Skinner said to "suit up" if they wanted him to come out. They harrass him daily. Sometimes several times in a day. He is on food loaf, container restriction, and anything they can throw at him. I'm starting to believe he has actually been targeted due to his lawsuit. They refuse to leave him alone. **** Day 20 is underway. I'm making a list of each guard at chow time. Putting my hands out the bean slot with pen and paper saying I need their names because they are not putting down that I refused by meals. So far, it's working. **** It's Sunday 4 AMish. One guard just got something thrown on him or some kind of disturbance. Then they bring in a total ____ to replace him with the sit and fetch stuff for the first time in about a month. You would not believe the noise in here. When they got to me, Mrs Johnson asked why I was on a hunger strike. She had been here 3 times in the last 2 weeks and didn't know she said. She also said "I smell alcohol on you!!" The explanation that the nurse gave about "knowing by my breath didn't register with her. Watch - they will be shaking me down in the morning looking for booze. **** I have to use a blue pen now when writing letters. I'm down to 1/2 a black pen, and they deny your commissary list if it isn't in black ink. But they have been out of pens for over a month. No 4 cent stamps in forever. **** Guard Reins just tried his best to incite me into violence. The_____. I politely asked for him to make sure to note I VRed, and he said "You've been eating - Dont give me that billshit!. Nancy, Im very happy I'm weak and tired. It worked. My I 60 to Lester is on the pack of page one. "Note" not one I 60 to rank has ever been answered!! Only Miss Howe answered. **** They had to suit up, hose down, gas, and run in on Weatfall in C rec room already today. The gas didn't reach over here too bad. Poor Alvin Kelly was not ready for it. It's a different world down here. **** I will be filing another grievance tonight on ranking officers for not insisting the guards note my strike and for putting prisoners in 19 and 20 cells where water comes in and leaves mold and mildew to breathe in. You will get a copy of it on back of one of these pages. **** Even the guards taking me to the nurse said they thought it was rediculous how they aren't writing down my VRs. They said it isn't surprising - that a lot of guards just run down the sheet at the end of the shift and mark everyone ate, showered, and recreated. They figure that is how it's happening. You know rank won't bust the guards for unkept records or doing it that way. **** What a zoo! At 5 I went to rec in our section. They tried to get DW out to search is cell and had to run in, gas, suit up, etc..... again. That gas is a tough one even out in the open. I don't know how he keeps handling it. Two times in 3 hours time. **** The psychiatrist (Smith) came to see me. Seems they believe I'm not eating now. Duh! Reins was escorting her and refused to admit what he said last night. Said he didn't remember. The psychiatrist asked if I knew I could die from not eating. I said "You call this living"? She asked how long since I had eaten and was surprised at it being 21 days. **** I said I would tell you how it's going. I guess it catches up quickly once you hit a certain point. I get dizzy just standing up now. Walking an hour wears me completely out. I've had 2 black out spells when I got up too quickly. If I pass out somewhere, they will move me. I will keep you informed. I just hope it's not to the clinic already. **** Well, letters fro 6 people wishing me well on my hunger strike. Cool! **** Eventful day believe it or not. I was supposed to see the nurse M, W, and F, but now it's every day. Seems Warden Zellar Called Major Lester to check up on me. I went to the nurse and did the urine test, vitals, etc. Only lost 1/2 pound becuase I doubled up on water, I guess. I was back in my cell 10 minutes and Lt Roach came to take me to see Major Lester. Now I know where all the problems lie. He is the Antichrist reincarnated. He had the sheets that said I had been eating. I explained the way things were going and said the urine test and weight loss proved the guards were mistaken or lying. He said all the urine test show is that someone is on a diet. Typical bullshit. Re refuses to put a notice on my door or the paperwork that I'm doing a hunger strike. I told him he can try to discredit my hunger strike any way he wants, but the God's truth is that I have only had water since 11/26. He just smiled. I know he is trying to get me to quit. It's just made me decide to take it all the way. While I was there, he pulled up my last 3 grievances, and I explained the one about the property inventory, that not even half of my property is listed. He said little about it. I brought up how Alvin Kelly was leveled for a Tot stapler, and that I sent one home with a mechanical pencisl after his sergeant and guards allowed me to keep it even on level two. He said I was just lucky, that policy says it's a major case - end of discussion. I even discussed how DW tried to just get Lt. Bolton to get his legal work off the floor as water was flooding in and that Bolton's refusal incited the incidents that happened. Of course I brought up the punishment of lock down. He doesn't give a ____, Nancy. He is a dark, sinister hearted ______. He runs the death row like a Nazi SSI extermination dictator. You get the picture. My cell flooding when it rains or the run floods, he calls "luck of the draw". Mopping it up will stop the mold and mildew, he said. Trust me, the violence and run ins will be excalating out of control now. My cell was flooded again at 5 AM. I got a towel to mop it up at noon. It wore me completely out. Twice as much water as last time. Cells 18, 19, 20, and 21 all flood each time it rains or the run gets flooded. From now on, it stays on the floor. I give. I damn near fell face first when I was mopping it up. **** The guard working the wing just said it is not lock down. Can't tell. No rec, no showers and all A section is getting all their property shaken down one by one. Guess they don't want to call it lock down, just ___ over F Pod. Sorry, it's getting very old. **** My light's not worked all day. Usually it will blink on after a few hours. Guess I need to leave it on until they fix it. Sure, like 16 days here and it's still not fixed. It's amazing, Nancy, they are "shaking down A section and hot meals are still being served. Now why can't it be this way diring ALL shakedown? **** The guard tonight, Thomas, is trying to incite a confrontation with me. "Oh you have been sneaking commissary or getting food from some one" Stuff like that. I think it's programed in these _____ idiots. **** It just shows you it takes all kinds. Thomas left and the new guard doing showers is commending me for my stand and asked how many days I's gone and how much I lost. Even recommended exercises to firm up the loose skin. He had been heavy at one time. Thank God there's some decent ones around. **** Nothing from you, but whoosh! 15 cards and letters of encouragement. It helps more than you could ever imagine. With the shake down, I won't even try keeping all these cards and letters. Please put a general BIG THANK YOU on the internet, and let everyone know it gives me the strength to keep going. ******************************************************************** I 60 to Major Lester I have been on a water only hunger strike since 11/26/01 and your guards continue to refuse to acknowledge or note my VR of meals - all meals! Guard Reins just refused to call it out and was trying to incite a confrontation saying "You've been eating - don't give me that Bullshit!!" This is the kind of idiotic behavior I am witnessing from quite a few guards. Whoever has written down I've eaten anything since 11/26 is either lying or not doing their job. The only other explanation is that rank is instructing them to try to discridit my hunger strike. Please see they do their job properly. ******************************************************************** I 60 to Warden Zeller I started a non violent protest and hunger strike 11/26/01. The guards on each shift have refused to note my VR of my meals. I have been weighed and given urine tests to prove I've had nothing but water since 11/26/01. Nurse Byron explained how she can tell by my breath that I had not eaten in days since 11/26/01. She stopped by 11/30/01 explaining this and has acknowledged it is obvious I have not eaten. If the guards working the pod since 11/26/01 were questioned, they should explain I did in fact VR my meals and the picket neglected to write it down. I will be going to sick call daily to prove I have had only water. Guards need to do their job. ******************************************************************** I 60 to Captain Bacon Real slick. Nurse Byron said the records show I've been eating
at least one meal a day. Your guards are not doing their job, Mr.
Bacon. I swear to God I have not eaten since November 26th. You
heard nurse Byron explain how my breath proved it. Urine tests have
too. Is the refusal to record my verbal refusals at your request or
direction? No matter how the prison and staff try to discredit my hunger
strike - it will be in front of the public. How low will prison officials
go to try and stop a viable, necessary protest? Mr. Bacon, the courts
gave me my punishment. I's not your job to inflict above that degree
of punishment. Just do your job. ---------- Forwarded message ---------- Greetings Folks: I hate to bother you all on Christmas Eve but I just received a letter from my sweet friend Derricc Frazier today and it seems like the Polunsky Unit is going from bad to worse. Please read below to see what is happening now in Texas. Derricc says that they are now working on cutting out weekend visits and the weekends are the only times that some inmates get any visitors. He says that the guards have just taken away all the inmates belongings. Here is Derricc's exact words. "I got some info for you to put up on the stop death row abuse page!
I will also write about it in my newsletter but this is what's going on.
The warden was out there in the visiting room this weekend. He was
doing a poll to see if it would be fine for him to cut Saturday visits off!
Brenda, these people are going to the limits to keep us locked down in
this hell hole and this is not right. We just gotten all our property
taken and this isn't right. I want for you to write something about
this and get people to call, fax, write, come up here to the Warden's office
and stop this from happening. I have a brother over Love, Peace, and Merry Christmas to all. Brenda L. Kelly Témoignage de Daryl Wheatfall Daryl Wheatfall, #999020 "Just another day at the office" - a statement I heard myself say, after my neighbor Roy Pippin asked if I was all right? After being sprayed with pepper gas, chemical used to inflict physical pain and suffering upon prisoners. It's used against us here on the Polunsky Unit in Livingston, Texas. Pride and ego created my response, the truth -- mind and body were in excruciating agony after enduring the violence of gas and abuse by the team of five men. December 13, 2001 Begin awaking to the five man team, all dressed in projected gear from head to toe, dragging Mr. Johnson (E & J) passed my cage, they gassed him on the rec. yard around 8:30/9:00 in the morning. For you one may be having his/her first cup of coffee, for us the infliction of torture has begun. Never found out why E & J had been gassed. Nevertheless I knew the circumstances had to surround the conditions being forced upon us. No man would be foolish enough to face the gas squad just for pur pleasure. Little was I aware I'd face them this very day. A group possessed with necrophilia mentality, guards, ranking supervisors and head administration obsessed on receiving gratification by sadistically causing pain to the waiting dead....prisoners. After, build-up frustration dismay took over. Several prisoners
floodedtheir cages, causing water to race throughout the section. Lt. Bolton
and I watch. I asked him to remove one bag of legal material off the floor
before the water entered my cage, damaging everything. Ignoring
this request Lt. Bolton ordered me to go to my cage, ending my recreation.
When it is his job to ensure my safety as well as my The system is torturing inmates for breaking rules while refusing to follow rules to protect prisoners' lives and property. This explains Bolton's response "all right Wheatfall, I'll be back - you're refusing to come out of the dayroom". Man, I've one hour - you know they just placed me in here" I said before he walked away. What've I done to be removed? Nothing!! Fotea barked out the order :inmate Wheatfall, I'm ordering you to submit
to strip search to be removed from the dayroom." I heard this twice before
the sound of the snake was released - pssssssssssssss- I'm bitten again,
my body felt like molten lava, mind resisting State law and Unit policy prevent the use of chemical agents to be used to impose discipline upon prisoners. However, five minutes after both Fotea and Bolton released the gas - psssssssssssssssss- that was the only sound I heard as liquid fire rained down covering me, with only my shorts to protect my naked body. The door went "pop"..."bang"......The force of five men I meet; inside and out my body suffered from the abuse inflicted upon me as if I'm just a beaten caged animal. During these events the pain and dismay of each incaged soul behind these walls I met their fears of what they try to avoid. I was thrown into the shower, held under the water for seconds, dragged to my cage and left to deal with a bad chemical reaction. Alone... this is when the pain truly took off. body convulsion in an
uncontrolled fit. All my muscles reacting violently as if an attempt
to escape the skin and when I looked into the mirror I saw a grotesque demon
- dark red eyes, face disfigured staring at me. Plainte de Hank Skinner Plainte de Hank Skinner, Polunsky Unit February 11, 2002 Dear Everyone: You've all heard me (or read me) speaking on the inadequacies and ineffectiveness of the grievance procedures. Also, the manner in which unit officials embellish and aggrandize disciplinary charges in order to justify the most restrictive level placement. One of the most obvious examples I've given is where a prisoner is masturbating in his cell. A female officer walks by, looks in the cell, sees him and falsely claims he is "masturbating in public" which is then aggrandized into a disciplinary charge for "sexual assault". Needless to say that a prisoner locked in a cell, with a solid steel door between him and a female officer out on the run, could never touch her - so it cannot be any form of "sexual assault" by law, which requires actual touching of the genitals (of the person said to have been so assaulted) for the sole purposes of sexual gratification of the person committing the assault. Even if the prisoner meant for the officer to see it, it's only, at best, lewd and lascivious conduct, not any form of actual assault, sexual or otherwise. But officials on this unit term it as an "assault" in order to technically meet the Level III criteria for placement on that level, which requires an actual assault. They put prisoners on Level III for six (6) months or more, holding them there without access to even the basic necessities for hygiene, just for playing with themselves. And remember, for us, masturbation is not even a sexual act per se; it=92s merely a form of stress relief. Following is the text of a letter I've sent Warden Zeller which further
illustrates how/why the leveling system as implemented is both arbitrary
and capricious. It also explains why the grievance procedure is wholly inadequate
as an avenue for redress/remedy of arbitrary leveling decisions by the
Unit Death Row Classification Committee. With no corrective process available
to us while Zeller and his goons play God, while Major Lester levels prisoners
for any reason he dreams up, you can see why prisoners have no faith in,
nor respect for, the written policy and/or the grievance procedures. Since
the warden himself openly violates policy in these respects, setting such
a pernicious example by his misconduct, it's easy to see why the prisoners
act out in the manner they do; no other avenue is open to them: February 11, 2002 Warden James R. Zeller, Polunsky Unit TL054 Dear Warden Zeller: I wish to bring the above to your attention for the following reasons: We seem to be having great difficulties in obtaining access to the grievance process here on F-Pod, 12 Building. Grievance officers are not coming down here and picking up grievances. After an officer (CO III) was caught destroying a prisoner's grievance, Warden Treon issued an I.O.C. stating that grievance officers would walk the runs each day and pick-up grievances directly from the prisoners. We have no access to the Grievance Box in the D-space of the pod and security personnel are prohibited from conveying grievances there. This past week being a typical example, Lt. Worthy did not pick up grievances on Monday, Tuesday or Wednesday 2 - 4,5,6, - 02. After I complained to Sergeants Poole, Schomer and Griffin, Worthy did pick up grievances on Thursday, 02-07-02. He comes to the pod and checks the box in the D-space (when he does come), signs the log-in/out on the pod and leaves. This is severely limiting/delaying our access to the grievance procedure. We can individually file only one (1) grievance every 7 (seven) days. When officers delay the pick-up we are lucky to be able to file one (1) grievance every ten - twelve (10 - 12) days or two per month instead of four. When I do file a meritorious grievance, even with the irrefutable evidence to support it, it gets somehow "lost" and is never answered. Please read the three (3) grievances enclosed as an example of what I mean. None of these grievances have been answered. I have repeatedly written I-60s to Mr. Worthy and McLeod, all of which they have ignored, even after I personally handed Worthy copies of these grievances out in the hall while on my way to the visit, before numerous witnesses. When the grievances are answered by you, they ignore the credible facts and provide no adequate response or remedy. As an example there: The Death Row Plan criteria for Level III requires an actual assaultive offense before a prisoner may properly be placed on Level III. I have no assaultive offenses in the past six (6) months. On January 18, 2002, I filed an appeal of the DRCC decision signed by Warden Chance. On February 7, 2002, you signed off on the untruthful response which states (#2002084532) "A review of your disciplinary and adjustment history reveals that you are appropriately classified as a Level III offender. No further action warranted." That answer is in error because the Level III criteria requires a manifestation of aggressive behavior as evidenced by commission of assaultive offenses by the prisoner. I have no such assaultive offenses; I'm improperly classified Level III. End of story. You and your associate wardens constantly preach a message of personal accountability and acceptance of personal responsibility for one's actions, with strict adherence to written policy. Yet you show yourself as a bigoted hypocrite because you just do whatever you want to do and then try to find something in policy to justify your actions. DRP 7/2000 pg. 15: "Offenders assigned to Level II may be chronic rule violators but do not show a recent (within the last three (3) months) history of in-prison assaultive or aggressive behavior. DRP 7/2000 pg. 16: "Offenders assigned to Level III are chronic rule violators and are assaultive or aggressive in nature (i.e. History of institutional violence, offender assaults with weapons, history of weapons possession, assaults or attempted assault on offenders or staff, fighting with or without a weapon). The offender may be: a) A current escape risk (escape or escape attempt was assaultive in nature or, it was determined on the basis of the circumstances surrounding the escape or escape attempt that the offender had a high potential for assaultiveness); b.) A threat to the security of the institution as evidenced by repeated serious disciplinary violations (assaultive in nature); or c.) A threat to the order and security of the institution, to the physical safety of other offenders or staff due to assaultive behavior that includes assaultive offenders identified and confirmed as being members of an STG." The term "i.e." as used in the above quoted policy is Latin, abbreviation for "id est" which translates in English to mean "that is" or "that is to say" and prefaces an explanation as a clarifier. In other words, the criteria listed for Level III is as stated, that is the only criteria and you are not at liberty to add your own "interpretations." My last "assaultive" offense was on August 24, 2001 where Officer Whitfield attempted to push me into my cell but instead ran me into the door while I was unable to stop myself because I was cuffed behind my back. I leaned back to keep my face from hitting the door frame and Officer Whitfield bumped into me. To cover his excessive use of force, Whitfield falsely accused me of "attempted assault which resulted in no injury". That was over six (6) months ago, twice the three (3) months required for advancement to level II. Thus your answer at Step 1 of I-127 #2002084532 is untruthful. You correct it or I am going to file suit against you in your individual capacity for violating my constitutional rights in the course of violating written policy. I eagerly await your written response. Sincerely, H. W. "Hank" Skinner #999143 +++++++++++++++++++++++ That said, these prisoners who had their property confiscated - Eddie Johnson 999236, Rich Rhoades 999045 and Richard Cartwright 999224, just to name a few - have all been patiently trying to get back their books, magazines, writing instruments, stamps, legal material and other property which was improperly confiscated at Zeller's direction. They've talked to rank, written I-60s, filed the appropriate paperwork, all to no avail. Some of them have been waiting as long as four (4) months for items they cannot replace and which should never have been taken from them to begin with. Imagine their frustration when they have stamps and pens in their property, but the commissary is out, so they can't use what they have (locked up in the property room) and cannot even buy some more in the meantime. I don't know what this is all coming to, but it's obvious that it's getting way out of control and, absent outside corrective intervention, it's going to wind up getting one of these prisoners killed, or maimed and disfigured for life. I ask all of you out there to pray for us. Hank Témoignage de Hank Skinner, détenu à Polunsky Use of Force Report - Witness Statement - by Hank Skinner #999143 Incident date: February 10, 2002 8:30 - 9:30 AM Location: Polunsky Unit TL054 Death Row @12-FF-81cell Yesterday, some other prisoners "jacked the rec yards. Prisoner Richard Cartwright #999224 had no involvement in that and had voluntarily returned to his cell when his rec hour was up. Despite his compliance, Lt. Larry Roach told the officers not to feed Cartwright. When Roach was informed that Cartwright was not one of the resistors, Roach stated that he didn't care, he was having to work overtime due to the incident so Cartwright wasn't getting a meal. Today, 02-10-02, Cartwright jacked the cuffs when returning from shower in an effort to get some rank down here to redress the matter, stating that this was the second time Roach had used denial of meals to improperly punish him, the first time occurring January 14, 2002. Sgt. Schomer came down here with a team. He gassed Cartwright twice, the second time to a count of a thousand-six. They ran-in on him and removed him from the cell. As a punishment to the rest of us for laughing at Roach, they refused to turn on the gas purge fans after Cartwright was moved off the pod, leaving the rest of us to suffer the effects of the gas for over 30 minutes after the use of force concluded. I live in 12-FF-80 cell beside Cartwright and the gas was overwhelming. Officer Shelton was in the picket. We hollered at her to turn on the purge but she refused and flipped us the middle finger. Signed: Henry Skinner 999143, February 10, 2002 +++++++++++++++++++++++++++++++++++++++++ Use of Force Report - Witness Statement - by Hank Skinner #999143 Incident date: February 17, 2002 5:20 - 5:40 PM Location: TL054 Death Row, 12 bldg, 79 cell F-pod, F-section Prisoner Daryl Wheatfall #999020 was in his cell at 12-FF-79 when a five-man
team "ran in" on him. Immediately, prior to the team's entrance of the cell,
Lt. John Bolton and Sgt. Johnny Thompson had two (2) cans of gas spraying
simultaneously in the bottom of the door and food slot or under the window
to a count of a thousand six. After the team ran in, I heard prisoner Wheatfall
go to the floor and yell out numerous times that he was not resisting. After
they secured the restraints and called it out, they picked up Wheatfall to
bring him out of the cell. While Wheatfall was cuffed behind his back, not
resisting and restrained even further by four (4) officers, C.O. III Narlen
Baker punched prisoner Wheatfall in the face with a closed fist. I heard
the punch and I heard Wheatfall state that Baker had just punched him, to
which Baker replied something to the effect of "Yeah bitch, bite me again".
Subsequently I learned that, during the subduing of Wheatfall, Baker had
tried to gouge out Wheatfall's eyes and had grabbed onto Wheatfall's penis
and testicles, pulling on them, that's when Wheatfall had bitten Baker on
the finger and that is why Baker punched Wheatfall after he was restrained.
While I did not see everything due to Signed: Henry Skinner 999143, February 17, 2002, @ 6:35 PM Privation de sommeil à Polunsky Hank Skinner Sleep Deprivation in the Hell Hole - by Hank Skinner, March 7, 2002 Disciplinary Case #20020166282 is February 25, 02, 10:38 p.m. and #20020166281,
is February 26, at 6:25 a.m., less than 8 hours later. You'll see Lester graded both of them. I did this just to prove the sleep deprivation they subject us to. #281 should've been the first case on 02/25, I don't know how they got the damn things numbered exactly backward. I reckon that's typical for this place. Anyway, I didn't even go to court on these two. When the counsel sub came to serve me I just waived the hearing and pled guilty. I want you to post these to the lists and my news group as proof. This doesn't show what all goes on between 10:38 p.m. and 6:25 a.m. either. They count every hour or two all night long and if you've under the covers, in bed, often they bang on your cell door till you move, so they can see you're alive. Or, they'll shine a flashlight in your eyes until you wake up. They walk through every 30 minutes or so all night long or have the picket officer turn on the cell lights (4 four foot long flourescent tubes.) They slam the crossover doors (between sections) and the gates (going out of a section). They feed breakfast at 3:00 a.m., opening and slamming food slots, banging the aluminum tray carriers (a rectangular box with slotted tabs which they load up with food trays seven at a time and which has a handle on the top so they can bring in seven trays at a time to feed one whole row of a section). They bang the tray carriers up and down the stairs, etc., etc. Slam the food warmer doors when pulling out trays to put in the food tray carriers. This makes so much racket that, whey they start feeding, all the way over in "A" section, we can hear it all the way over in "F" section. Some of the stuff you learn to sleep through. But when they do these
"roster counts" or "bed checks" they'll just keep beating on the door and
saying "what's your name and number?"until you answer them or until they
see you're alive but won't answer. The bottom line it that you never get
more than an hour or two of sleep before something or someone wakes you up.
If you're someone like me who can't go back to sleep after being loudly forced
awake, then you just don't get much sleep at all and, I guess that's how
they want it to be. Témoignage de Nanon M. Williams, détenu à Polunsky March 16, 2002 Dear Supporters, Abolitionists, Family & Friends: After being incarcerated for more than a decade, I've seen many things come and go. As there is a need to convey many things, I am not sure where to start. Sometimes it seems as though the beginnings are always there, and the endings never too far behind. That is what is happening to me. My beginning is slowly transforming into a never ending abyss. I feel like I am a moment away from breaking down. To date, I've seen well over 200 men and a few women executed, constant acts of violence that have become as routine as breathing, suicides, depression, gassings (to the point of suffocation), beatings by guards (where shouts and cries become piercing screams and physical damage is permanent and sometimes fatal) and unbearable pain on levels one can not begin to imagine. I dare not think about what goes on here in attempts to maintain my sanity and above all hope. Hope is all we have to get us through the day. Hope acts as an assurance that a better tomorrow lies ahead. Once hope is gone, in a sense, all life is gone. When I think back on the years at Ellis Unit (formerly used to house
Texas Death Row Inmates), the same problems occurred there as they do here
at Polunsky Unit. However, at Ellis Unit, the men were able to work, recreate
and interact with one another, watch television, walk without shackles and
Since being transferred to Polunsky Unit, the prisoners are isolated 23 hours per day (allowed to recreate 1 hour in a small cage), no physical contact (not even for visits), random and unnecessary strip searches (where guards mock and ridicule), no television to keep up with current world events, no personal property (except for a few books), no education system (as most prisoners here have little or no formal education), no work or religious programs, small food rations (often spoiled and undercooked), cell temperatures that are freezing in the winter and scorching in the summer, lack of medical attention (resulting in deaths of those who desperately need it) and countless inhumane and sub-human conditions. Polunsky unit is not just another prison to house death row inmates, but a place of permanent solitary. Not solitary-like, but total and complete isolation. As a result of being in permanent solitary, most men here are beginning to suffer from sensory deprivation. What is sensory deprivation? Sensory deprivation is the break down and loss of ones senses (touch, taste, hearing, sight and smell). When the body receives no stimulation (not even something as simple as a handshake), the need of mental and physical balance is non-existent. When the mind becomes overwhelmed, a deep depression sets in, resulting in the inability to control moods. I am not a psychiatrist and cannot list all the effects this is having on the men here, but I can tell you from experience that it is altering the minds of men; literally killing them. I can not describe what is going on here, except to say that the souls of these men are gone. They are alive, but they are not living. Some men sink into deep depressions and never recover. Others slowly become more aggressive like a tortured, beaten and starved lion. What will happen when that lion is released from its cage? Is it fair to say it would act rational? No! It will act irrational, finding refuge in the anger it feels. The anger will be the stimulation that it gains and thrives on from an altered state. Though some feel a destructive rage, others have enough internal fortitude
to recognize that showing any act of violence will not help or improve our
conditions. Consequently, any attempt of physical and mental preservation,
triggers the use of unnecessary "Necessary and Excessive Force" by prison
The prisoners here release bouts of displeasure through shouts, screams, snarling, gnashing of teeth, and sounds that are so foreign one wonders if it's a show of masculinity or insanity? People fail to see that this is a sign of fear-a fear that we (prisoners) can no longer hide. Since being transferred here things have changed dramatically. We are
"dead men walking"--not living, just existing. We realize that many people
have o Hunger strikes o No recreation o No showering (except daily wash-ups in our cells) o No commissary (except to purchase postage and hygiene products) o No communication with prison staff (except to show identification for mail, count time and/or visits) By coming together collectively we, the prisoners, will be subjected to beatings, gassings, visitation denials, even less food rations, property seizures and other cruel and inhumane acts. What goes on here is like a sick experiment to see if the will and spirits of men can be broken. As a civilized society, we pride ourselves on the ability to act rational when the world around us is irrational. What is taking place here is not only irrational, but inhumane and horrifying. Animals in a zoo are required more space than what we are allowed, more food and better treatment. There are laws in effect that protect animals from cruelty. There are laws to protect us, but they are not enforced. Where is the rehabilitation? Where is the justice? Prison is supposed
to take away your freedom, not your dignity or man/womanhood. Granted, some
Through our (death row prisoners) continued suffering and struggle, we will hold steadfast to our protests in hopes that it will prove beneficial to our cause. In the spirit of struggle, Nanon M. Williams April 2003 Derrick JACKSON, Texas The following letter is from Derrick Jackson #999263. It is an
Open Letter To All. Death Row! It's hard to explain (especially here in Texas), but
to be honest, I personally would have preferred to have been murdered at
the time of sentencing. I say this, not because I prefer to be dead
(I truly want to live with a passion). I love life, but the appeals
process is no more than a torturous traumatizing path to a truly saddenly
sick end. I believe in God, and believe me when I say that it will
be an "act of God" if I am ever to be a free man, but I do have hope, and
I pray. I am a blessed man to have the insight that I do. My reality
is a sick curse, for each and every individual it's different I don't have a wife or children, very much family, or many friends, and it may seem strange to hear, but (for me) that's good, because of the type of person that I am. My existence is a very sick one. Just last night I got a visit from my younger brother. I wrote him a letter a few weeks ago being a bit desperate and demanding.that he come visit. I personally feel he should come every week, but I realize that no one owes me nothing, and that he has a life to live in a crazy world. He told me I should write to my mother, father, step mother, and aunts (most of them have never been to visit me) so that they could feel guilty (I guess he was feeling guilty). I would never try to make a person feel guilty in this way, especially not those I love, even though they seem to have forgotten about me or maybe just don't know how to deal with seeing me here trapped in a miserable existence. My two younger brothers and my mother are all I can consider my family at this point in my life. I'm from a poor family, so there is very little (nearly nothing) that they can do financially, but the moral support, no matter how painful, is my reason for existence. I feel their pain and frustration, and I can see it in their eyes, but they are all I have, and living daily in solitary confinement cells is another madness that a man must deal with that has nothing to do with the death penalty. Here on the Polunsky unit here in Livingston, Texas, extreme deprivation is used to punish, control, and dehumanize a man. Mental games are played by most of the guards (including ranking officers) that a prisoner daily comes in contact with. You no longer have human and /or civil rights. Personally I've felt as if I am a part of a sick experiment. To have a healthy conscious mind is a beautiful gift to all humans, and to use it is a gift to our world. To attempt to take or destroy this gift is criminal. How can I say being a death row prisoner? What if I can tell you that I'm not guilty? The fact is, I'm not!!! Another fact is that I can't prove it, and that's why I am here! Two people I know nothing of or about were brutally beaten and stabbed to death - that was proven at my trial. Politics' corruption, me being poor, naive, ignorant to the unjust system in Texas is why I am sitting here writing these words and not living as I should be, but merely existing. I feel that the justice system and society have let me down. The oppression that is my life, I cannot describe. I won't let it control me, I can't, so at times, I go a little bit crazy, just so I can cope. I'm a very positive person. I love to see people smile, and whenever possible, I will share one. There are definitely times that I will smile to keep from crying. I feel that everyone deals with or has dealt with tragedy at some point and time in their lives (these experiences define us individually). Not too many people can choose the way they leave the face of the earth, and on one lives forever. As I've said, I love to live life and to love, but I'm not afraid to die. I have no sense of panic or distress as I sit on death row now. People die daily. Every day takes a positive focus, and I'm going to try to be the son my parents raised to Love, the brother my brothers have Loved as we've grown, and the man I am proud to be. I'm going to do this with not very much more than "sickness" - sickness that is my reality. I suffer from diabetes and must take two insulin shots daily, but this sickness that is the system is what is taking its toll on me and many others who sit on death row. Texas is the execution capital of the world! I'm not able to give you specifics and statistics (for those who are interested, they are made known by other sources). I am writing this to express as well as inform, and I can inform you that Texas is out of control. Anybody (anyday) that is a speaker of acting on the death penalty should be speaking of and acting on Texas. This is nothing less than mass murder going on here!! I know, more than many, of the corrupt, powerful, political structure. Then add the money, and it definitely makes for a seemingly impossible fight to win (for justice), but I see it (Texas) as a big bully picking on kids. Sure one bully can bully one, two, even three or more kids, but when or if all the kids come, they the bully finds it more reasonable to back off and go away. I basically have no help in my situation, and I often will hear people say or get a letter from someone advising me to organize - put those who are willing to help in contact with each other. I pass that advice on to all reading these words who are truly sincere. There are probably more groups and organizations that are not doing what they should or could do to help us (condemned men) in effective ways. A lot is said that sounds good, and men are being murdered here in Texas so regularly that it's seemingly acceptable. Prisoners who've had no proper defense during trial, legally retarded men, men that have been set up by aggressive state prosecutors (that are elevated in the political structure according to their number of convictions), are being murdered. They are killing men here that have compelling evidence of innocence - not hearing the valid arguments of the accused or convicted. Defense attorneys appointed by the courts (if they are sincere) are disgracefully underpaid and not allowed the advantage of investigators, etc. to fight for justice. It is not even required by the Texas courts for the court appointed attorneys to even defend their clients here in Texas now. These are the things that are causing the deaths of many men here in Texas. It is going to take an organized effort by all those who are dedicated and sincere to end this madness in Texas. I won't and can't say which organizations (or people) are not dedicated and sincere, but if "you are", it shouldn't be long before "you know"!! No one owes me or anybody who is on death row anything, so I, on behalf of every man facing the death penalty, thank you for everything that you do in protest. We here in Texas need focused persistent effective organized measures to be immediately taken, or murder will continue. PLEASE DO SOMETHING TO HELP STOP THE KILLING!!! Please write me at: Derrick Jackson #999263 Citations:
Janvier 2002 : Daniel Siebert
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