Virginia Prisons Accountability Committee: August 2023

Wednesday, August 30, 2023

Harold Clarke's Tenure

 


𝐇𝐚𝐫𝐨𝐥𝐝 𝐂𝐥𝐚𝐫𝐤𝐞'𝐬 𝐭𝐞𝐧𝐮𝐫𝐞 𝐢𝐧 𝐕𝐢𝐫𝐠𝐢𝐧𝐢𝐚 𝐰𝐚𝐬 𝐚𝐧 𝐮𝐧𝐦𝐢𝐭𝐢𝐠𝐚𝐭𝐞𝐝 𝐝𝐢𝐬𝐚𝐬𝐭𝐞𝐫 𝐢𝐧 𝐡𝐢𝐬 𝐰𝐚𝐤𝐞 𝐚𝐫𝐞 𝐭𝐡𝐨𝐮𝐬𝐚𝐧𝐝𝐬 𝐮𝐩𝐨𝐧 𝐭𝐡𝐨𝐮𝐬𝐚𝐧𝐝𝐬 𝐨𝐟 𝐥𝐚𝐰𝐬𝐮𝐢𝐭𝐬 𝐟𝐢𝐥𝐞𝐝 𝐛𝐲 𝐩𝐫𝐢𝐬𝐨𝐧𝐞𝐫𝐬 𝐚𝐧𝐝 𝐬𝐜𝐨𝐫𝐞𝐬 𝐨𝐟 𝐩𝐫𝐢𝐬𝐨𝐧𝐞𝐫𝐬 𝐬𝐮𝐢𝐜𝐢𝐝𝐞𝐬 𝐢𝐧 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐛𝐚𝐫𝐛𝐚𝐫𝐢𝐭𝐲 𝐨𝐟 𝐡𝐢𝐬 𝐩𝐡𝐢𝐥𝐨𝐬𝐨𝐩𝐡𝐲. 𝐓𝐡𝐚𝐭𝐬 𝐭𝐡𝐞 𝐫𝐞𝐚𝐥𝐢𝐭𝐲 𝐨𝐟 𝐡𝐢𝐬 𝐩𝐫𝐞𝐬𝐞𝐧𝐜𝐞.

By vapac

Monday, August 28, 2023

𝐕𝐀𝐏𝐀𝐂'𝐒 𝐑𝐄𝐒𝐏𝐎𝐍𝐒𝐄 𝐓𝐎 𝐓𝐇𝐄 𝐄𝐗𝐈𝐓 𝐎𝐅 𝐃𝐈𝐑𝐄𝐂𝐓𝐎𝐑 𝐇𝐀𝐑𝐎𝐋𝐃 𝐂𝐋𝐀𝐑𝐊

 𝐕𝐀𝐏𝐀𝐂'𝐒 𝐑𝐄𝐒𝐏𝐎𝐍𝐒𝐄 𝐓𝐎 𝐓𝐇𝐄 𝐄𝐗𝐈𝐓 𝐎𝐅 𝐃𝐈𝐑𝐄𝐂𝐓𝐎𝐑 𝐇𝐀𝐑𝐎𝐋𝐃 𝐂𝐋𝐀𝐑𝐊

𝗪𝗲 𝙒𝙀𝙇𝘾𝙊𝙈𝙀 𝘁𝗵𝗲 𝗰𝗵𝗮𝗻𝗴𝗲 𝘽𝙐𝙏 𝘁𝗵𝗲𝗿𝗲 𝗵𝗮𝘀 𝘁𝗼 𝗯𝗲 𝗮 𝗰𝗵𝗮𝗻𝗴𝗲 𝗶𝗻 𝗽𝗵𝗶𝗹𝗼𝘀𝗼𝗽𝗵𝘆 𝘀𝘁𝗮𝗿𝘁𝗶𝗻𝗴 𝘄𝗶𝘁𝗵 𝗮 𝗰𝗼𝗺𝗽𝗿𝗲𝗵𝗲𝗻𝘀𝗶𝘃𝗲 𝗿𝗲𝘃𝗶𝗲𝘄 𝗼𝗳 𝗩𝗔𝗗𝗢𝗖'𝗦 𝗽𝗼𝗹𝗶𝗰𝘆 𝗮𝗻𝗱 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗲𝘀 𝗯𝗲𝗰𝗮𝘂𝘀𝗲 𝗻𝗼𝗻𝗲 𝗼𝗳 𝗶𝘁 𝗶𝘀 𝘄𝗼𝗿𝗸𝗶𝗻𝗴.

𝐕𝐀𝐏𝐀𝐂

Sunday, August 27, 2023

Virginia Tax Payers Are Complicit In Rape And Overall Abuse of Women Prisoners In Virginia Prisons by William Thorpe


I begin with a listing of court cases documenting what is going on in Virginia's prisons confining our
Women, our Sisters, Mothers, Daughters, Aunts, Nieces, Cousins, Grandmothers and Wives. The harm and barbarity meted under the guise of criminal justice in our name the people of Virginia. (1) Anselm's v. Griffin 2023 US Dist.Lexis 23241 (2) Morton v. Johnson 2015 US Dist. Lexis 84224 (3) Scott v. Clarke 64 F.Supp.3d 813 (4) Whitt v. Yancey 2015 US Dist. Lexis 69684 (5)Roe v. Tucker 2023 US Dist. Lexis 115197 (6) Carr v. Hazzlewood 2007 US Dist. Lexis 91962 (7) Sabbats v. Clarke 2022 US Dist.Lexis164430 (8) Scott v. Clarke 2014 US Dist. Lexis 150494 (9) Scott v. Clarke 2016 US Dist. Lexis 14192 (10)Dunn-Brinkley v. Daniel 2011US Dist.Lexis133881 (11)Flores v. Va.Dept.of Corr.2021 US Dist. Lexis 241357 (12) Liberator v. Armor Corr.Health Servs.2020 US Dist. Lexis 88378.Every other day media introduces us to another abhorrent, reprehensible and malfeasant existence and prison official behavior in Virginia's prisons. In other words human beings who have swore, pledged and took oaths to dispense the people of Virginia's idea of justice, in the particular and specific context of imprisoning human beings convicted of violating its laws are also violating laws. Typically, the thrust of the accepted narrative is, Virginia's Department of Corrections has to be investigated. To which Virginia politicians get to perform the bizarre on the one hand this and on the other hand that, while feigning impotence over the simple and fundamental truism, the antagonism of don't do as I do but as I
say.

In any society exist two halves,the positive and negative parts on any issue.Yes there is apathy within both polarities, but apathy is also a vote for or against an issue albeit a latent vote. So on the issue of the Commonwealth's criminal justice and it's subsequent pursuit of imprisonment. The responsibility, first of all let me state this if the people, the Virginia tax payer, the constituent doesn't like and rejects the inevitable indictment of complicity and responsibility for the destruction of that expressed and contextual-inviolable inalienability of humanness subjected to the Virginia prisoner. Illustrated in the above listed cases, it has no one to blame but it self, specifically its ignorance.With this stated, the two existing halves of Virginia's society are halves on any issue because one-half is always wrong regardless of intent and imperative. This isn't a simple finger pointing at either of Virginia's major Political Parties. No one, no one social fact and institution has a monopoly on the correct analytical grasp of any one issue at any given moment. We wouldn't need and require government and due process of law if individually we knew the correct and just response to the experience of existence. So naturally, especially on the question of Virginia's criminal justice, the responsibility lies with the people of Virginia and to the extent of the honesty and humility of analysis. What I'm saying is there is nothing new or novel about human behavior and social relationships. Where we anticipate and pursue progress is with response and its on that account the Virginia tax payer exhibits that proverbial head in the sand ostrich neurosis. Virginia's prison system isn't working and its conveyed in this quote from a Spotsylvania, Virginia man, Richard DaSilva who served 17 years in its prisons: "I tap danced for them all the way", upon his recent release. The first obligation and responsibility of society is to understand, even the biblical god upon indictment of the snitching Adam on Eve understood and accepted context because we are told in Genesis 3:21 "And the Lord God made for Adam and for his wife garments of skins and clothed them". What makes this act fundamental is it comes after the biblical god had indicted Adam and whoever "his wife" was to the extent it took the redemptive utterance of " Eloi, Eloi, lama sabachthani?"for absolution.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright. Unit.

Tuesday, August 22, 2023

The Case of King v. Riley 2023 US App. Lexis 20191 And The Sadism of Qualified Immunity By William Thorpe

The quick of this case is two prisoners at South Carolina's Kirkland Correctional facility on April 7, 2017 killed four prisoners within an appx. two-and-a-half-hour span. The estate personified by a brother of one of the killed prisoners, filed a 42 USC 1983 civil rights violation case against the South Carolina Department of Corrections for his brother's death. An act that is permitted within terms of social contract as a condition of the affirmative existence of society and the human condition. In other words, a human being experienced an antagonistic occurrence necessitating repair so within terms of social contract, civil action in a court of law was the freedom of action available. What I want to illustrate is the one and only fact which is, terms of society and the human condition are first and foremost, contrary to the emergence of the industrial revolution and its destruction of artisanal productions isn't as the destructive imperatives would have us accept, averse inculcations. But mere facts of catholic pursuits of self-interests. In other words, we are in society and social contract, not because of the organized violence of the politics viz law but because we objectify existence. So, this is the reality of the intellectual expression within social contract terms pursued by the estate of one of the four killed prisoners.

Now for you the reader. A truth is Social Contract, the next is as human beings in society our humanness is used against us, specifically our ignorance. Not stupidity but ignorance. Which one of our ancestors encapsulated as, [and I paraphrase], tyranny is secreting the workings or applications of society/government from the people ensuring their ignorance thereby exploiting it. This isn't limited to the Occidental world but the Orient, see The Tao Teh King by Lao-Tse. So what we have in the matter of King v. Riley, is first of all if The State of South Carolina only sentenced those killed prisoners to a sentence in prison, not to die, but to be imprisoned and life happened and they were killed, just as life happened resulting in whatever basis for their convictions and the subsequent imprisonment, what terms and nature of social contract then is The State of South Carolina misapplying by exploiting the humanness of its citizens? The answer is simple, keep the people ignorant. Why is this King v. Riley case relevant to the people of The Commonwealth of Virginia? Virginia, along with Maryland, West Virginia, North Carolina and South Carolina are subject to the same construction of laws The King case has breathed into existence because they are in the Fourth Circuit of the United States Court of Appeals and the construction of law in the King v. Riley case is simply an egregious disdain for humanity.

Regardless of how the estate of the dead prisoner in King v. Riley presented it, the fundamental issue was his brother had died in custody of South Carolina's prison system and as such it was harm that had to be answered. Logically the estate could've responded within the dicta of freedom of action, instead it limited its action to that which maintained the integrity of social contract. As I've already indicated the estate went to court and to make it short the courts complied with the States ask for a dismissal. Meaning The State of South Carolina even as it proclaims unqualified defense of human life could be complicit in the killing of a multiplicity of persons in its care and supervision, yet callously plead non responsibility under a logic and rubric that exposes the fact when we get right down to it, that Law and its application are sophistry dependent on ignorance of the people and not necessarily aversion of organized violence. Another thing, the rubric exploited by the State of South Carolina compromises, betrays and tramples all over the very reason it participated as a colony in rebellion and the subsequent success over its colonial master, Great Britain. By assuming a dictatorship as sovereign, the same relationship it rebelled against. And we see its antithetical nature independent of subject in cases as King v. Riley with its assertion of qualified immunity. First of all the application of qualified immunity undermines the no one is above law or equality before law integrity of social contract and its grounds is sophistry. Qualified Immunity allows "officials" to plead ignorance and whatever they're accused of violating as not being developed law at the time of its violation. So in the case of King v. Riley, a salient point was an official of The South Carolina Department of Corrections, Sergeant Dewaun McKan of the Kirkland Facility confirmed that in the killings of the four prisoners by two prisoners on April 7, 2017 he violated prison policies by failing to comply with security procedures. To which appellate judges on the US Court of Appeals for the Fourth Circuit actually ruled that his security violations irrespective of four dead persons didn't violate the US Constitution and the infamy of the ruling was the seemingly gleeful quote..... "Yet the [US] Constitution does not " obviously "require he [Sgt McKan] look in the cells to mitigate the risk of inmate-on-inmate violence" (King v. Riley 2023 US App. Lexis 20191). What the dead of King v. Riley ask of us and instruct is travesties are being done in our name.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright. Unit.

Friday, August 11, 2023

If The Richmond Times-Dispatch and its Sisters Did Their Job the Virginia Department of Corrections Wouldn't Be A Charnel House of Barbarity by William Thorpe

Okay here is a typical Richmond Times-Dispatch act when informing the public on anything concerning a prisoner held by The Virginia Department of Corrections [VADOC]: we're given the prisoners name then a listing of why the prisoner is in prison. This formula is followed religiously regardless of the circumstance necessitating the coverage.

This work isn't intended to get all into the pros, cons and utility of the formula but to simply point out an inconsistency with the logic of the formula and its use by Virginia's mainstream and corporate media of which The Richmond Times-Dispatch presumes leadership.

The inconsistency is this, there is deviation when the coverage is of the Virginia Department of Corrections. So instead of the public being informed as when the subject is a prisoner that VADOC, as Department is a serial offender and violator with tens of thousands of claims against it, that VADOC as a State agency uses taxpayer money contesting and challenging claims of violations without accountability, because Richmond Times-Dispatch and its Sisters are derelict (I don't want to suggest complicity even though I'd be on solid ground) in pointing that fact to the public, that as part of the Executive branch of Virginia's government and the fact Virginia Code 53.1 was changed to allow the Selected or rather unelected Director of Corrections complete speculation and experimentation over running the Department and treatment of prisoners, which in turn presents the myriad violations taxpayers fund its adjudication and because the Director of Corrections is an expression of political ideology the response therefore is political action by voting against it and such political action can only be taken if the electorate are educated by Virginia's media. Virginia's media have sued, taken legal action against the Commonwealth when it was in their particular interest, see: Richmond News Papers Inc. v. Virginia 448 US 555 (1980) and Richmond News Papers Inc. v. Commonwealth 222 va. 574 in defending the Freedom of The Press and it was socially good still the concurrent harm their obsequiousness to for example VADOC's 2/16/2022 press release declaring its expectation that the media self-censors thus sacrificing Virginians at the altar of VADOC's pursuit of barbarity due to an inability, an unwillingness to begin from the most basic and simplest of propositions: that no one, especially prison officials and VADOC who are sworn to abide, obey and comply with law are above it.

We are not in 2023 indicting Richmond Times-Dispatch and its Sisters for their active participation at worst and at least complicity in the savagery of the Commonwealths past, because redemption is the ability to correct.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright. Unit.

Thursday, August 10, 2023

Over Criminalized


Brave New Films

In the United States, we have a national obsession with arresting and incarcerating people. This obsession has led to mass incarceration, which has devastating consequences for individuals, families, and communities.

Many of the people filling up our jails and prisons do not pose a threat to public safety. They need help, not punishment.

The "OverCriminalized" video shines a light on solutions that are saving lives and money, keeping the public safer, and moving us away from our national obsession with mass incarceration.

If your city is "OverCriminalized" you can do something about it. You can contact your elected officials and demand that they support programs that offer alternatives to incarceration. You can also volunteer your time to help people who are struggling with addiction, poverty, or mental illness.

Together, we can make a difference. We can end mass incarceration and create a more just and equitable society.


vapac

Wednesday, August 2, 2023

Convicted Persons Filling Virginia's Prisons Are Not the Ones Destroying the Commonwealth But Its Status Quo Embodied In For Example Attorney General Jason Miyares Are By Perverting Faith In the Only Truth of Society, the SOCIAL CONTRACT by William Thorpe



So the biblical Genesis chapters 3:16--24 and 4:10--16 provides us with examples of specific and general indictments. While the serpent received a specific indictment, the snitching Adam on Eve, along with Eve were introduced to a general one. The implication being their offense was a violation fundamental to the, social contract, the biblical God had established and realized. When we say no one is above law, which is a less complicated way of stating the fact that no one is outside the exegesis of social contract, irrespective of the formulations of its organized violence dicta. So the only truth is social contract and the nature of relationships, it governs. Why being honest about this is germane to the understanding of criminal justice and the subsequent imprisonment scheme is it keeps us from the delusions of for example our Attorney General Jason Miyares and his idealistic dictatorial presumptions. Because the primary inexorable logic of social contract is what are the terms of the relationship. As much as demi-gods have been made of our founding fathers, they were nothing more or less in the eyes of the logic of social contract, criminals and violators, to wit Virginia's jurisprudence is an affirmative continuum of the laws of Great Britain, which the founding fathers confronted within the no one is above law, dynamic. 

What this means is those British laws violated by the actions of our founding fathers are the same and exact laws underpinning the modern Commonwealth's Laws. Meaning Thomas Jefferson as The Great Schizophrenic in Chief and his coconspirators were criminals and violators then and now according to contemporary Virginia laws. Once again no one is outside of social contract. What I'm arguing isn't in defense of conservative status quo but what I'm saying is the dynamic of status quo, its fact is unchanging and is always present as term of relationship within social contract which then reveals the specific and general nature of indictment of asocial and violative behavior, which is where we find our attorney general Jason Miyares and his dictatorial delusions lurking. First of all there is nothing original about Jason Miyares speech, dictatorial delusions are the default expressions of the petty mind, an intellectual-liberal indulgence, meaning we see it for what it is an inchoate in itself. Which is exactly what Jason Miyares in his position as attorney general of the Commonwealth exposes with his mindless and petty opportunistic criticism of laws struggling to reform Virginia's prison system previously passed by Democrats. The Supreme Court of Virginia recently in July 2023 repudiated a Miyares produced legal opinion in the matter of Steven Patrick Prease, a Virginia prisoner who with the efforts and labor of the ACLU of Virginia successfully challenged one of Jason Miyares dictatorial delusions that presumed to know best than the majority of Virginians who voted for reforms of their prison system and which Democrats struggled to deliver in the face of reaction with its roots in the Virginia of the 1600's.

The laws, struggling to reform Virginia's prison system enacted by Democrats during the 2020 term at the General Assembly which our current attorney general Jason Miyares finds existentially offensive were feeble and timid nonetheless commendable attempts at correcting a general harm that has its genesis in the 1600's of Virginia's origins. What Jason Miyares, plying the intellectual-liberalism of his retrograde Republicanism anticipates is we ignore the fact that prison reveals and exposes the general indictment of social contract and we instead focus on specific indictments of social behavior that are its inevitable terms and such calculations are the work of a primitive and backwards mind. The case of Mr. Steven Patrick Prease as another revelatory data point in attorney general Jason Miyares dictatorial presumptions, is this: Mr. Prease was given a 14-year prison sentence from Botetourt County for convictions of 2 counts of attempted aggravated murder of law enforcement, use of a firearm in commission of felony and assault and battery in 2013.Prior to his conviction, in 1995, The Commonwealth of Virginia applying another Republican Party's failed policy had abolished parole. Democrats reformed Virginia's imprisonment scheme in 2020 by enabling certain prisoners to receive Earned Sentence Credits commonly known as "good time". So instead of an approximate release in 2027 Mr. Prease would be released in 2022. So its with this situation along with a lot of others do we see Jason Miyares revealing his intellectual-liberalism. After the Supreme Court of Virginia rejected Miyares opinion and allowed Mr. Prease release from prison in July 2023, Miyares gave the world a statement in his position and authority as Attorney General of The Commonwealth of Virginia, that he was disappointed with the court's decision but would comply with it. Now I ask you reader to let that sink in: first of all Jason Miyares as attorney general only exist because of the Constitution of Virginia as social contract. The attorney general of Virginia as part of the Executive is enumerated at Article V at section 15. Now this is where we start to see the social contract exegesis, because there isn't dicta but terms and as such its based on who surrenders what, what are terms of the social contract, based on what? based on whose approximation? The attorney general is a fixed value within social contract as such its existence is defined because we the people, meaning all the people irrespective of terms have surrendered our freedom or arbitrariness into the specific authority of the attorney general. As such Jason Miyares surrenders his arbitrariness which as attorney general disallows him the typical pedestrian criticism of an aspect of social contract as the supreme court. Because the only reason Miyares pronouncements on the courts release of Mr. Prease has value is section 15 of Article V of the Constitution of Virginia. It's basis is faith.

Dictatorship and delusions are sides of the same coin. Because it causes its afflicted to forget that existence is dependent on objectivity that's independent. So naturally there is this comical amnesia of the role of faith in social contract. Meaning as soon as there isn't faith in social contract and its formulations, the center will not hold regardless of the exertion of its organized violence. A shift will have occurred fracturing the previous terms of social contract permitting a questioning that all presumptions have inevitably and will inexorably encounter. Which is exactly what the current Republican administration of Governor Glenn Youngkin and attorney general Jason Miyares are presenting to the people of Virginia. Virginians voted for the about time reform of its prison system when they voted for Democrats. When Jason Miyares castigates prison reform as "The Democrats forced through this dangerous legislation in 2020" and he continues with "Now, violent felons like Mr. Prease, who tried to murder two police officers, will be released back on the streets before they've served their full sentences. I will work with the Governor and the leaders of the General Assembly to fix this problem that the radical left created before it gets any worse". What presumptions are distorting his grasp of reality? First of all he is the attorney general of all the people of Virginia, not holdovers who haven't got the news that Robert E. Lee surrendered at Appomattox. What Quixotic audacity is this? That he only knows best, him and his thought cabal? Didn't the Great Schizophrenic in Chief Thomas Jefferson anticipate the Miyares type when he reminded us "that, whenever any form of government becomes destructive..... it is the right of the people to alter or to abolish it," implying that no one man, no one cabal, no one segment, faction, or group despite delusions of grandeur and privilege has THE answer to the just rightness of social contract to malign and denigrate its exercise democratically, as those Virginians who voted for prison reform expecting Democrats to deliver, which they conditionally did? Even were we to indulge the Jason Miyares delusion and play along as it relates to the Mr. Prease situation isn't law, the only reason we are talking about Mr. Prease? and isn't law an action done in the name of the people for the people? law which a majority of the people of Virginia's representatives acted on in their name by reforming the barbarity and hypocrisies of the prison system? the same law that allows Jason Miyares to deny and dismiss the agency of all of those millions of Virginians who stated their will and educated clarity that Virginia's prison system must be reformed? And that's the antagonism delusion always presents upon its emergence. Mr. Miyares as our attorney general seems incapable and unwilling of introspection an examination of whatever impelled him to ask for people to vote for him has nothing to do with denouncing millions of his constituents. What did Shakespeare's Merchant of Venice instruct Mr. Miyares, a pound of flesh? demonstrating a Sisyphean social contract, a Hatfield and McCoy logic? Republicans overturn the will of the people, then Democrats return the favor? and that's the Miyares contribution to our human redemption?

I started this work with illustrating and distinguishing the relationship of the specific and general of terms within social contract. My focus has been on the criminal justice and imprisonment scheme of the Commonwealth of Virginia and the specific distortion Jason Miyares presents and is having on a condition that despite the compromising slow crawl of its reform must be reformed. The world view of a Jason Miyares, first of all is nothing more than that of the stooge and is mired in suppositions at the expense of a stable and aspiring social contract. No one dare dispute that there is an intrinsic instability in the Commonwealth's social contract. The simple fact that the Virginia Department of Corrections is the largest agency, an agency as is presently structured exist to dehumanize, brutalize and embody the above law malaise of the human condition that is the basis of all that is destructive and no amount of sloganeering and euphemisms can conceal the fact, that if the integrity of social contract is determined by the subordinating narrative, and if Virginia's value is distilled in its organized violence then the terms of the social contract, understandably is abjectedly base and that's as pathetic an indictment of a seal declaring, "sic semper tyranus" we're compelled to evoke and the repetitive cutting off the nose aversive gambit has run its course. There is much good Jason Miyares as attorney general can do. First of all he's human. Even if it takes work to qualify his backwardness, the fact he won a statewide election implys he's capable of communicating surrogacy and representation, its just that instead of turning towards the life dispensing Sun and enlightening his voters, he instead turns to his shadow and as our ancient superstitious recoiled in terror from eclipses, the most definitive of shadows, we find Jason Miyares, lurking.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright. Unit.