National Public Radio [NPR] Michel Martin Opportunistic and Selective Definition of Harm and the American Prisoner

On 1/22/22; National Public Radio, NPR Michel Martin once again gave us another installment of her performance journalism.

At the conclusion of an interview with a representative of the prison information advocacy group Prison Policy on the gross negligence, malfeasant, the covid-19 pandemic, and its murderous toll on the American prisoner by the prison official. Michel Martin demanded that the prison reform advocate defend why NPR's audience should care that prisoners are being killed by prison officials gross negligence and malfeasance, under the specious and spurious strawman logic that prisoners are in prison because of harm they have caused and done.

Harm and the American  prisoner 

 Let us once and for all put to rest and to quote the Emperor Haile Selassie I the first by way of Bob Marley in the defiance of "War"       is discredited and utterly abandoned      No one is in prison because of a supposed or actual harm done. Because if as Michel Martin asserts, harm done, then she would've long since found herself in prison considering the organic harm her misinformation and misleading work as a functionary of corporate media has done to Americans and American public.

The American prisoner is imprisoned because of one thing and one thing only. Law and it's court process either by conviction or a supposed guilty plead deal. 

 Asserting as Michel Martin did on 1/22/22 that the expression of care and concern for fellow human should be conditioned on the speculation and idealisitc practices of prison and imprisonment as based on a social interaction that can and is easily changed and reformed is rediculous and only reveals why laws are broken.

Instead of Michel Martin seizing the opportunity, the covid-19 pandemic has presented to expose the prison officials failings and the inherent antagonisms of imprisonment as social speech in 2022 she succumbed to cowardice and fear of crossing a supposition held by the stus quo. As if the existence and social fact of the American prisoner isn't a revelation that regardless of how a type of political exploitation specifically Republicans and their "white" evangelical hucksters scream about law, order and justice      our human condition is firmly planted, rooted in the injustices of the futile pursuit of supremacy      to which we have the Michel Martins of corporate media to thank and indict.

I'm William Thorpe in solitary confinement at the Wainwright Unit of the Texas prison system exiled from the Virginia prison system.

Absolute Power Corrupts, The Virginia Department of Corrections [VADOC] and The Press

On February 16, 2022; True to the adage that absolute power corrupts; the Virginia Department of Corrections [VADOC] issued a press release, proclaiming that Virginia's press and corporate media coverage of its activities was "inaccurate" and "skewed."

We have patiently waited, watching, listening for a response from Virginia's press and corporate media that would calmly remind VADOC that not only does: 

United States Constitution Amendment 1

Speaks against....."Abridging the freedom of speech, or of the press.....

But The Constitution  of Virginia

At Section 12. Freedom of speech and of the press declares....."That the freedoms of speech and of the press are among the great bulwarks of liberty and can never be restrained except by despotic governments, that any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, that the general assembly shall not pass any law abridging the freedom of speech of the press"  

So in light of the above excerpts representing the fair and just bulwarks of our social compact. Why then would a function of Virginia's executive, the Virginia Department of Corrections not only seek biased and favorable press coverage but would seek to intimidate Virginia's press into self-censorship and what is appalling and sad is this continuing kowtow of Virginia's press to the corrupted demand of the Virginia Department of Corrections.

The Virginia Department of Corrections is a fact of the commonwealth organized violence and violence in all of its forms and expression exist for itself. Requiring a distilled level of transparency if there is to be accountable justification of the rule of law.

We state that the VADOC element or the prison official is no greater or lesser than the imprisoned and prisoner in their charge         Because both exist as creations of the rule of law and if the rule of law isn't to succumb to and become a selective narrative which VADOC clearly anticipates that by its February 16, 2022 press release reminder it does then Virginia's press and corporate media has to actually do what our constitutional privileges demand. We call Virginia's press to account

By vapac

VAPAC Applauds Pastor Harvey Yoder, Ms. Kathleen Temple and Ms. Molly Gill of FAMM

Law and Order is essentially the state of control. Prison and the condition of imprisonment are its mechanism. The work and its advocacy of qualifying the focus of law and order and the reform of the imprisonment condition is simply that of to what extent are we practical about our social contract, meaning how honest are we in understanding the social contract and accepting its realities.

Towards reforming the imprisonment condition we have to engage each other with understanding the social contract and accepting its realities. As such we must discuss our experiences, observations without idealistic suppositions.

VAPAC as mechanism demanding accountability and transparency of the imprisonment condition is established and structured to do exactly that. Consequently when we encounter the labors of our fellow social members also demanding accountability of the social contract. We at VAPAC will recognize, applaud and appreciate their efforts.

Recently, Pastor Harvey Yoder, Ms. Kathleen Temple, and Ms. Molly Gill of FAMM each engaged us with op-eds encouraging us to resist the existing colloquial suppositions and its narrative of Virginia's imprisonment condition. In other words, they asked that we think on the practicality of keeping imprisoned persons whom it made no sense to keep interned. They explained to us that the imprisonment condition isn't a cost-benefit analysis and as such, it requires a scrutiny which is the embodying operative of our social contract. Their work expects we reject the malfeasant notion that the prison official is beyond reproach and it instructs that as citizens of the commonwealth we have to hold law and order accountable.

In conclusion, we need more of the efforts of Pastor Yoder, Ms. Temple, and Ms. Gill not less

By VAPAC

Exposing The Bureaucratic and Administrative Process of Virginias Parole System and It's A Crap Shoot

Rarely do we get to see the bureaucratic and administrative process of Virginia's parole system under authority of Virginia code section 53.1-134 through 53.1-165.1

However, VAPAC has been given that privilege by copy of a prisoner's denial of parole letter. For obvious confidentiality purposes, the identity is protected.

VAPAC has numerous issues, questions and problems with this revelation of the parole process. The obvious being there isn't a evidence based on grounds for parole besides speculations by those with the authority to grant parole. Yet as this denial of parole letter and its verbiage reveal, the parole board is behaving as if there is.

What we at VAPAC ask is should parole and the redemption and justice it allows society be a crap shoot or poker bluff?

As we see in this specific parole denial and its reasons given: History of violence, crimes committed, conviction of a new crime while incarcerated, serious nature and circumstances of your offense(s)

All are facts of the prisoner's circumstances and cannot be changed, only contextualized. Which is what if the Virginia Parole Board had any modicum of understanding of what is the social contract. It would perform its duty by. Because whatever a history of violence means within analysis of the Virginia imprisonment experiment it cannot be changed. Crimes committed, conviction of new crime and serious nature and circumstances of crimes cannot be changed      So what practical and justifiable determinations is the parole board speaking of making relative to a "compatibility with public safety, the mutual interest of society, character, conduct, reflecting the probability of leading a law-abiding life"?

What the parole board however is exposing is its indulgence in petty sophistry, an end run of denial under the leopard has spots logic and because it has spots which cannot be changed      Therefore parole is denied      Why then are we the tax payers funding a parole board, to simply tell us a prisoner is imprisoned due to a conviction?

We at VAPAC and also as tax payers state: The parole system is crap shooting with lives of citizens imprisoned      If parole is an anticipation of Virginia's prison experiment then it must be granted or denied on practical basis or stand exposed as a specious gambit, another insidious exercise of side door, get out of jail for the privileged for whom the justice experience and imprisonment experiment is afforded context.

There must be transparency and accountability in the system.

Lets educate ourselves.

By vapac

What I Bring To Light By Jarmaine Spruill

 

Jarmaine M. Spruill & Family

My name is Jarmaine M. Spruill, fighting the fight for judicial freedom, justice and equality in the Virginia penal system.

From the starting point of the HB1532, it was introduced to impact all inmates with a reevaluated calculation of earned sentence credits to be determined in accordance with full participation and cooperation in programming, education, having no more than one minor correctional infractions and no serious correctional infractions, and also employment; Which statue the specification of the Earned credited prerequisites following the four-level classification system.

This was the initial information that emphatically made sense. Pertaining to the claims and prerequisites of the bill, the change from it effectively impacted me, to now "a conviction for any offense is ineligible".

I've been following this particular reenacted House Bill for 3 years now and from it's birth it offered interest rewarding all inmates an incentive for maintaining full participation and cooperation in programs, school, education, remaining infraction free and maintaining employment. With the slight change that the Governor signed into act made me ineligible disqualifying me from the earning of the sentence credits I've worked hard to obtain and maintain, because of my Robbery conviction labeling me a violent offender. The irony of it is, my offense will never change, but my character can.

For instance, it's become despairingly normal to bear witness an elderly inmate return from his parole hearing with news of another turn down due to the laconic reasons of "Serious nature of the crime". Amazingly, and ironically regardless of the proof of low recidivism, proof of rehabilitation they're in authority to both legitimately and determined to perpetuate the same systematic approach to any of Virginia's flawed self- contradictory mindset when it comes to equity while complying with the conditions of meeting their default system. I've gone through great lengths to defuse any of my situations psychologically, emotionally, physically all for the sake of my well being and having the desire to reverse the polarity of a young black man coming to prison being sentenced to more time than he's lived in society.

Which brings to my attention these rhetorical questions, "What's the point of maintaining good behavior if we're tricked every time into believing in a fairytale incentive"? I'm not even given a fair part of the so-called "deal" and there are those who are like me that rightfully worked towards empathy, betterment of self, who practice and display a civilized way of themselves.

What I want to bring to light is, regardless of the offense or charge, it is based upon that individual to choose whether they want to participate in Earning Sentence Credits (ESC) or not. Being that I've been reforming myself I feel as though I shouldn't be ineligible from any incentive based upon the nature of my crime.

Peace,
Jarmaine Spruill

We at vapac thank Mr. Spruill for his voice.

Did Defenders of Virginia's General Assembly Actions On SB 1301 Question and Challenge Virginia Department of Corrections Assertion That It Would Cost $23 Million to Implement SB 1301 and Reform It's Use of Solitary Confinement By William Thorpe

Image William Thorpe

                                                           
 In a recent work: What's Wrong With the Virginia Department of Corrections and The Sordid Affair of SB 1301, A Prospective Reform of Solitary Confinement. I focused on the simple point that Virginia Department of Corrections was given veto over SB 1301 by Virginia politicians under a time-worn maneuver, which Senator Scott Surovell, D- Fairfax characterized as "information lawmakers get from the Department of Planning and Budget tends to go against bills that would reform the criminal justice system" [Quote from post: Senator Shocked by DOC Estimate of $23 Million To End Solitary Confinement In Prisons By Patrick Wilson 2/3/2021]

So in display of what has been passing for reform activism under its historical supposition that politicians and prison officials shouldn't be challenged or called out as we wage the struggle to reform prison and the injustices of criminal justice. Defenders of the pathetic machinations whereby SB 1301 died ignobly, instead of questioning and challenging VADOC's assertion that it would cost $23 million to reform not abolish but a mere reform of its use of Solitary Confinement took umbrage that I critiqued the gambit which was the sordid affair of SB 1301.

I state: The fact I have spent an aggregate of 35 years in VADOC's solitary confinement out of a 39-year imprisonment [now 41] and of the 35 a continuous and consecutive 25 since August 9th, 1996 of which 2 years, since May 29th, 2019 are now in a Texas Department of Criminal Justice Solitary Confinement cage. Because when it became untenable for VADOC to tout its solitary confinement reduction while continuing to detain me and a number of others in its solitary savagery it exiled me to Texas for the continuance of my solitary confinement   doesn't give me any unique right to facts than those defenders of the pathetic machinations of the sordid affair of SB 1301. But what it unimpeachably allows me is the uncompromising opportunity to question the motive of those defenders, because their umbrage has a whiff of that tired, one set of rules and process for those who govern and another for the governed. Because how else are we to understand and accept their ire at the simple point my original work proffered to the Virginia taxpayer?

The incontrovertible facts are, the Virginia General Assembly during the emergence and existence of SB 1301 was controlled by Virginia Democrats. VADOC an exclusive function under the executive of Virginia was also held by Democrats. Those same Democrats who refused to and rejected reforming solitary confinement in the Commonwealth, abolished the death penalty and legalized recreational weed. So the issue isn't as defenders of the SB 1301 gimmick offer as apology, that SB 1301 proponents came close.

The issue is the simple, how do we the people hold government accountable. VADOC in its role of holding people in prison doesn't get to rewrite what is moral and legal and only by exposing the circumstance of SB 1301 can we call to account that tired habit of one set of rules and process for those would be petty tyrants in their governance and another for the governed.

Despite the indefensible stance by SB 1301 apologist, I still extend my hand to you in solidarity. The objective of justice and prison reform is a simple and straightforward one, Accountability, if VADOC wants to defend and justify the use of a barbaric and savage extra-judicial confinement let it do it in sunlight and not behind a $23 million gimmick that the very lawmakers who are naturally sympathetic to the prison officials logic and its accommodation see through it viz "everybody refuses to try to estimate the positive fiscal impacts of criminal justice reform," we get information that tends to bias, or create reasons to vote against a bill instead of a reason to vote for a bill."     Sen. Surovell

Educate the Virginia citizenry and taxpayer.

I'm held in solitary confinement at the Eastham Unit of the Texas Department of Criminal Justice

By William Thorpe

Virginians Support End Solitary Confinement

 

Credit William Thorpe

Prison Is Speech By The State and It's Organized Violence By William Thorpe

The colloquialism "The only thing prison provides is time and what the prisoner does with the time is solely his choice."

On the surface and superficially it sounds commonsensical making all the sense in the world because it fits the narrative of the national status quo and its pursuit of a supposed responsibility and its individual accountability. But upon scrutiny, we find it is just another gibberish and idealistic utterance in the employ of the controlling functions of the state and its national status quo. And why should we simply stop with prison being the only environment requiring the accountability of individual responsibility        Lets expand it to general life, beginning with the argument point from our political and religious reactionary brethren, the life begins at conception demagoguery and let's hold that construct of life responsible and accountable for itself independent of the mother and humor at its collapse in the objectivity of its anticipation. Which by the way as much as our reactionary brethren push for life at conception, the fact it is still based on the responsibility and accountability of the mother as an independent anticipation, in no uncertain terms mocks the responsibility and accountability supposition.

And it makes the same point, that as much as the controlling mechanism of the status quo expects a self-policing imperative with our buy into a superficial and speculative grasp of individual responsibility and accountability. The fact remains, prison provides more than time. Prison is speech by the state and it's organized violence. Prison as function of the state assumes responsibility and accountability for and of the imprisoned in dicta to provide.

Thus the responsibility and accountability of the state to the prisoner as it exercises it's organized violence speech of imprisonment should not be excused nor apologized away with the naive and delusional observation that the prisoner in and for theirself should have the presence of mind and ambition to experience the passage of the imprisonment time in a supposed manner when the very lack or bias of the supposed is what resulted the prisoners confinement to begin with.

The adage "the devil is in the details" isn't sophistry and society and its inherent relations cannot escape its scrutiny and consequences of those relations will compel such scrutiny regardless of whether we are intellectually-material enough or still indulging in the intellectual-liberalism of our subjectivity. Because even the sun bows down to reason as the practice of our brethren in 1789 reminded us and again we were taught from 1818-1828 that colloquial traditions and culture are just that mechanisms of the supposed, to be brushed aside as feeble articles of backwardness while new realizations in the employ of progress enable the emergence of a new culture and tradition which in the prison context is reform and holding state and it's organized violence responsible and accountable.

By William Thorpe

Consumer Behavior and Thinking Aloud

SPEECH By William Thorpe

Is Secretary Brian Moran Refusing To Investigate This Incident?

Similar Transport Van

The fact the Virginia Department of Corrections [VADOC] is continuing a practice that kills people and precipitated one of the worst riots in U.S.  history       the Baltimore Riots of 2015; after a police transport van killed Freddie Grey is troubling, criminal and indicative of the immoral, unethical and ahumanisitic attitude of prison officials who confuse crass barbarity with supposed justice.

But what utterly unconscionable is the fact, the existence of this VADOC practice has been brought to the attention of Brian Moran, Secretary of Public Safety and Homeland Security. See accompanying email, And Brian Moran is per virtue of his silence and unresponsiveness to the 1/23/19; transport incident declaring to Virginia that he doesn't care and Freddie Grey's death was in vain.

VAPAC

*NOTE*  The accompanying email was sent to Brian Moran seeking an investigation into the unsafe practice of VADOC's transport of prisoners in Virginia. 


Subject: Virginia Department of Corrections [VADOC] Tansportation of Prisoners

We have received complaints from prisoners concerning a transportation issue that we find extremely troubling and we want an explanation.

It has come to our attention that on 1/23/19; a van comparable to the type used by Baltimore Law officials, a steel box contained in a van similar to vans used by dog catchers that resulted in death of Freddie Gray and the subsequent Baltimore Riots, was used to transport 4 prisoners from Sussex 1 State Prison to Red Onion State Prison. Specifically William Thorpe #1033929, Emmitt G.Roscoe #1422079, Steven Ray Delk #1097269 and an unidentified prisoner, a distance of relatively 400 miles.

More unconscionable is the revelation that Delk, a transgender prisoner was caged in a coffin-like cage apart from the main body of the van, with boxed property stacked in another cage in front of her, dramatically reducing the likelihood of survival were the transport van involved in a wreck. Notwithstanding that the other 3 prisoners wouldn't have survived either furthermore all 4 prisoners were given small plastic bottles to urinate in, instead of the usual stop at other prisons for bathroom breaks considering the distance of the transit. Despite its incredulity, considering the prisoners were chained, & hands immobilized.

Then they were given bag lunches, meaning were they to try to eat during the 400-mile journey while urinating in plastic bottles, it would be done with urine splashed hands, already immobilized and we find this extremely appalling that lawfully convicted and imprisoned prisoners in the name of the Commonwealth were subjected such barbaric treatment.

Lately, despite VADOC being subject to the PREA ACT [Prison Rape Elimination] a transgender prisoner should not be compelled to perform bathroom functions in the presence of male prisoners, which was VADOC's intent when its prison guards transporting, gave the 4 prisoners plastic bottles to urinate in.

VAPAC ask for an investigation into this incident and secondly an explanation of.

• VADOC Policy on using the type of van for transporting prisoners that have been proven to kill or injure people.
• Clarification on VADOC Policy allowing prisoners being transferred bathroom breaks or access to practical alternatives.

Sincerely, 

vapac

*NOTE*  It was also sent to the following:

The staff of Secretary of Public Safety and Homeland Security

		Nicky.Zamostny**, Danielle.Crowley**, Asif.Bhavnagr**, Other Recipients
		Gay Gardner**, Patrick Wilson**, Dr. Alison Reed **, Amy Poulte Pilot Media**, Harvey Yoder**, Henry Gass**, George Copeland**, M Williams**, Christina Caron New York Times**, smccloskey** Other Recipients  *Note* More letters forth coming pertaining to this incident being published soon.  Reference Trans-Gender Translates Into: Unsanitary Conditions, Discrimination, Sexual Harassment and Sexual Abuse (Incident of transport van shared in this post)

🔥PRIORITYALERT🔥 Criminality By Two Virginia Sussex 1 State Prison Guards By Emmit G Roscoe Jr.

"Incident of September 29th, 201." On 9/29/18 @ approximately 7:30 am C/O B began feeding breakfast meals on 3 delta solitary confinement unit of Sussex One State Prison. While C/O B conducted feeding I overheard other prisoners complaining about being deprived of recreation and shower. Correctional officer then approached 3 delta 04 which house myself, as I began to verbally express the disservice of being continuously deprived of recreation and shower. I ceased my complaining by requesting C/O B to provide me with an informal complaint, to grievance this ongoing deprived of recreation and showers while housed in solitary confinement at Sussex 1 State Prison. C/O B then informed me that he (C/O B) was going to steal (deprive) Roscoe his breakfast meal for being allegedly verbally disruptive. C/O B also informed me that if I kept "complaining" I would be deprived of meals to come and C/O B said he would justify his action by saying I was being verbally disruptive. I respectfully responded telling C/O B it was against the law to use my food as punishment. That's when C/O B told me if I "uttered" one more word that he would show me that he could [do] what he wants and get by with it. C/O B then went on to say that Cheif Warden Isreal Hamilton told him and his co-workers at a managers meeting approximately a week prior "that anyone" whom is being "verbally disruptive" that they (correctional staff) could refuse prisoners meals as punishment.

Sometime latter [later] that "a.m." (Department of Correction) Lt C entered 3 delta pod, I presented my complaint of being deprived my meal by C/O B and Lt C only response to this form of prohibited Corporal Punishment was "you've already lost one meal and you still complaining" I ceased my complaining and asked for an informal complaint. Lt C then said to me if I didn't let it go that he would "personally make it his "duty" to make me wish that I had left it alone. Latter at approximately 1:45 pm that same day I was moved from my assigned cell 3 delta 04 and put in the show [shower] so my toilet could be fixed. I stayed in the shower from 1:45 pm to about 4:30 approximately. Lt C and C/O Gb came to put me back in my assigned solitary confinement cell 3 delta 04 being a solitary confinement prisoner I am only allowed to be moved with wrist cuffs and leg iron once properly administered. The shower has available cutout spaces so these restraints may be administered be for the shower door is open. The wrist cuffs were put on me with the shower door locked however In violation of safety concerns Lt C ordered C/O Gb to open the shower door which C/O Gb followed that order, without applying the leg irons first. The Lt then told me to get on my knees in the wet unclean shower when I said no explaining to Lt C. that if he (Lt C) followed policy and apply the leg irons with the shower door secured. That's hen Lt C began jacking my arms up behind my head as my hands were cuffed from behind while use joint manipulation then I was slamed [slammed] and my head slamed [slammed] into the shower wall then to the floor I then temporarily lost consciousness when I regained consciousness multiple prisoners began [to] call my name out of concern of my well being watching me be assaulted maliciously and sadistically. My legs were then apprehended with leg irons as I lay defenseless on the unsanitary shower floor I was then picked up by my arms by Lt. C and C/O Gb and dragged to the cell I was not offered any sort of medical attention I was I was left laying on the floor for about and [an] hour Pluss with my hands cuffed behind me until shift changed. I requested medical attention and was taken to medical. I suffered a knot on my forehead which was dressed and cleaned. I filed multiple informal complaints. One for use of unnecessary use of force, the other informal complaint was about deprivation of my meal.

On 11/2/18 after not receiving an answer to either complaint I began to explain to Captain R that I never received a response for both complaints. Captain R responded "if you don't shut the hell up Im going to buck on your trays for being disruptive" days latter C/O B deprived me of my lunch tray which camera footage will show during feeding time he did not access the tray slot box to allow me to except my tray. When I began to complain about the deprivation of this meal C/O B state "R. said dont feed you" as a matter of fact the deprivation of meals carried on to November 5th 2018 when I was deprived my breakfast, lunch, and dinner and I asked C/O G why I was not being fed his exact words were "Im following orders or my family wont eat" On Wednesday 11/7/18 after my family made a local police report and called the prison complaining that I was beat and was deprived of my meals in retaliation of that I was then placed on hunger strike observation,

Incident of November 8th-9th 2018
On November 8th, 2018 I was awakened out my sleep at approximately 7:15 am by Sgt. M. whom knocked on my cell window with a camera and ambulatory restraints. When I got out the bed I asked Sgt Moyer what was the restraints for he informed me that I was being placed on ambulatory restraints for allegedly flooding my assigned cell which was impossible because I was on alleged hunger strike observation which water was terminated when I informed Sgt. M of this then stated, "Man Im following orders." I then asked to speak with the Watch Commander and was denied that request. Having no one to appeal to I stated my claims on the hand held camera the restraints were put on me I was placed in the shower and Sgt. P took the mattress out my assigned cell I was then put back in the cell without being checked by medical and mental health I stayed in the maliciously and sadistically administered restraints for 30 hours approximately. On 11/9/18 at about 10:30 am despite being ordered to remove the restraints, Sgt P refused to remove the restraints forced me back in the cell where I stayed for an additional 3hrs approximately.

"Declaration"

I, Emmit G. Roscoe Jr swear under penalty of perjury that the above is a true account of described incidents


                            Click on Arrows to read prisoners PDF in its entirety ↓↓↓↓↓

By Emmitt G Rosco Jr.                   1/9/19
vapac

*UPDATE* Emmit Roscoe Jr. has since been transferred to Red Onion State Prison

Emmitt G. Roscoe Jr. is imprisoned in Virginia's prison system, serving his sentence at this time in Red Onion State Prison. Write to him and show him support. His address is: 

Emmitt G Roscoe Jr. #1422097

Red Onion State Prison
P.O. Box 1900
Pound, Virginia 24279

Governor Ralph Northam's 2019 State of the Commonwealth Address Announces Virginia Maintains the Lowest Recidivism Rate in the Country, Now Virginians Do This!

NOW VADOC HAROLD CLARKE LET'S ABOLISH THE BARBARIC USE OF SOLITARY CONFINEMENT IN VIRGINIA PRISONS!!!

WHEN NOTED "EXPRESS INDIFFERENCE": RED ONION STATE PRISON, MENTAL HEALTH and IT'S PRACTICE OF SOLITARY CONFINEMENT

As early as 1890: the U.S. Supreme Court in the case: In Re Medley, 134 US 160 [1890] dealing with Solitary Confinement or as it's currently nuanced euphemistically Administrative Segregation wrote:

"A considerable number of the Prisoners fell after even a short confinement, into a semi-fatuous condition from which it was next to impossible to arouse them, and other became violently insane; others, still, committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases, did not recover sufficient mental activity to be of any subsequent service to the community."

That 1890 court concluded that Solitary Confinement is "an infamous punishment"

In 1988; The Seventh Circuit, U.S. Court of Appeals determined in Davenport v. Derobertis 844 F.2.d 1310: 

"That isolating a Human Being from other Human Beings year after year or even month after month can cause substantial psychological damage, even if the isolation isn't total".

The court went on to state "there is plenty of medical and psychological literature concerning the ill effects of Solitary Confinement [of which Segregation is a variant]

In 1995; The U.S. District Court for the Northern District of California, in Madrid v. Gomez 889 f.supp.1146 [A case so comprehensive in it's finding that the state of California didn't even bother to appeal] wrote:

   "Subjecting individuals to conditions [Solitary Confinement] that are "very likely" to render them psychotic or otherwise exacerbate a serious Mental Illness cannot be squared with evolving standards of humanity and decency, especially when certain aspects of those conditions appear to bear little relation to security concerns. A risk this grave      this shocking and indecent----simply has no place in civilized society".

In 2003 Human Rights Watch quoted a California Prison Psychiatrist in Human Rights Watch, Ill-equipped: U.S. prisons and offenders with Mental Illness 149-513 saying: "It's a standard psychiatric concept, if you put people in isolation [Solitary Confinement] they will go insane.......
most people in isolation will fall apart".

In 2005: in a case before the U.S. Supreme Court, Wilkinson v.Austin #04-495, also 545 U.S. 209.  A group of Psychologists and Psychiatrists filed a Amicus Curiae or Friend of the Court brief in support of Prisoners stating:

No Study of the effects of Solitary or Supermax-Like confinement that lasted longer than 60 days failed to find evidence of negative psychological effects".

Recently the fourth Circuit, U.S. Court of Appeals which has Jurisdiction over the Commonwealth of Virginia and four other states determined in the 2015 case, Incumaa v. Stirling 791 f.3d 517 [2015] that:

"[Prisoner] had liberty interest in avoiding Solitary Confinement in security detention, as required for his claim that his placement in Solitary for 20 years violated [U.S.] Fourteenth Amendment Procedural Due Process: [Prisoner] was subject to near daily cavity and strip searches, he was confined to small cell for all sleeping and waking hours aside from 10 hours of activity outside the cell per month, he was denied educational, vocational, and therapy programs, [Prisoner] was socially isolated, and confinement was indefinite."

In light of the above cited, quoted and excerpted authorities which are but a sample of the exhaustively comprehensive legal and Mental Health findings and works on practice of using Long Term Administrative Segregation or Solitary Confinement, of which contrary to recent noises by the Virginia Politicos and officials at it's flagship primary Solitary Confinement Prison, Red Onion State Prison [ROSP] that Solitary Confinement in VADOC has been reformed and done away with.

The practice of Long Term Solitary Confinement is alive and well and ongoing at ROSP, where a number of Prisoners have been detained in Solitary Confinement for over 20 years and counting of which I am one, experiencing identical conditions as the Prisoner in the Incumaa case, since 1996.

It is to the above-referenced works as back drop, that the Mental Health Department of ROSP, a Prison where Solitary Confinement is the Primary Form of detention. Gave the terse response "NOTED" in it's professional capacity to my question on:

"What is the current contemporary consensus from Mental Health Professionals on Psychological and physiological effects of Long term Solitary Confinement or Administrative Segregation".  [see response from ROSP Mental Health Department: "NOTED".

What is to be made of the situation where ROSP officials are indifferent and unwilling to recognize that a practice of detention utilized as their Primary Operational Model----Solitary Confinement is distinguished by negative critique extending over a hundred years?

By William Thorpe

William Thorpe is detained at ROSP in Solitary Confinement since 1998 

Related Articles & Links:

1. Commonwealth of Virginia - Department of Corrections - Percentage of Virginia Inmates in Restrictive Housing Among the Lowest in the Nation http://bit.ly/2hfYJBy
2. "NOTED" : ROSP Mental Health Response
3. Prison Mental Health Care lawsuit proceeds as Class Action Lawsuit
4. An update the following is the second response to ROSP Mental Health question.(click Sentence) Response: I am unable to answer your question. 

IS IT APPROPRIATE FOR A VIRGINIA PRISON TO ASK IF ONE ATTENDS RELIGIOUS SERVICES DURING PRISONERS EVALUATION

Why is a Virginia Prison, a Government entity using religion in the evaluation of prisoners clearly in violation of Separation of State & Religion?

By vapac

WHO CARES IF WE SUFFER FROM POOR NUTRITION WRITTEN BY CHANELLE BURNETTE VIRGINIA FLUVANNA WOMEN'S CORRECTIONAL CENTER

"If at every doctor's appointment we are told that we are overweight and need to lose some, how are we to do such with what we are given to work with?

For each of the meals provided daily, the portion of starch is undeniably the largest! Lose weight? Caloric intake seems to simply be a number to abide by, even though the serving sizes are misproportioned. They just slap something on the tray for the sake of the job! Just to say "hey we fed them today"

Even though the vegetables were dirty and rotten...even though the fruit had been frozen, thawed and served because it was bought in excess.."hey we fed them today." Even though the staff is provided with bottled water and we drink the contaminated water and contract H.Pylori, "hey, at least we [prisoner] have water to drink."

What about the essential vitamins and nutrients necessary for good health? What about Vitamin C to fight off germs in a medical facility? Why all the processed meat that we don't eat go to waste? Why, when people are starving out there and it would be so simple and much more cost effective to serve things like tuna salad or egg salad?

What about the vegans and vegetarians? How many beans must they eat? How about more leafy, green vegetables for those of us whom are iron deficient and are forced to purchase a multivitamin from the commissary which contains no iron?

And what about Keefe Commissary Network that has once again raised prices to ridiculous amounts yet provide nothing healthy? They continue to rip us off for billions of dollars annually and people are still dying in a medical facility because we cannot even at least eat right to maintain our own good health!

So...Between Keefe and our own chow hall which is secretly interconnected, who cares if we suffer poor nutrition? As long as the rich get richer, who really cares?"

Written By Chanell Burnette

ABOUT THE AUTHOR

Chanell Burnette is currently a prisoner at Fluvanna Correctional Center for Women, she is a member of  Virginia Prisons Accountability Committee, Virginia Prisoner of Conscience as well as Coalition for Justice, She has expressed she is highly appreciative for any platform where "I am able to stand on and allow my voice to be heard, we all need an outlet to express ourselves from behind these walls"  we at "vapac" are giving her "her" platform, thank Ms. Burnette for sharing her story and  for being the first Women's submission.. 

Further Reading 

• To lower prison health costs, Maryland serve healthy food - The Washington Post
• VIRGINIA DEPARTMENT OF CORRECTIONS MONOPOLY WITH KEEFE COMPANY & PRAYER OIL

VIRGINIA DEPARTMENT OF CORRECTIONS MONOPOLY WITH KEEFE COMPANY & PRAYER OIL

For all of you out there who were under the illusion and delusion of what's the driving motive force of prison. The below should easily shake you out of it. The driving force is as everything else in life  MONEY. The state of Virginia and it's VADOC has a monopoly contract with the Keefe Company and not even the U.S. 1st amendment prohibition against state interference in religion hinders it. So you see Prison Policy Reflected.




By vapac

VIRGIN ISLAND JUSTICE DEPARTMENT COVERTLY DELVES INTO STATESIDE VIRGINIA'S RED ONION STATE PRISON REPORT OF MALFEASANCE AND ABUSE

Editors Notes: We at "Virginia Prisons Accountability Committee" would like to thank the family of Prisoner Hector Ledesma for sharing their story with us. Mr. Ledesma has expressed he is now on St.Croix V.I his hometown prison, Golden Grove Correctional Facility and is still having problems mentally and to this day he has received no help and there are still V.I prisoners in Red Onion along with Wallens Ridge prisons in Virginia (quote) getting tortured and abused.

Virgin Island Justice Department covertly delves into Account of Stateside Prison Abuse proclaimed by Prisoner Hector Ledesma relating his experience of his imprisonment in isolation subsequent to being shipped to Virginia's Red Onion State Prison. Conditions at Red Onion have been the subject of an HBO Docu titled "Solitary" a narrative based on a prison on an Appalachian strip-mined mountaintop where the sights and sounds hints of infertile destruction alone are sufficient to set your skin creeping and your brain working in unbearable and painful ways where life is obvious and desolate, particularly in supermax prison, where prisoners are isolated 23 hours daily locked down in cells with no human contact. Other articles have been written in an array of media, Variety Magazine, and the Washington Post to name a couple.

Some articles portray the supermax as "Virginia's Worst of the Worst prison," intended to oversee prisoners who are especially risky or oppose discipline.

Ledesma served a part of his 13 years, 9-month term at Golden Grove Adult Correctional Facility on St. Croix and Citrus County Detention Facility in Lecanto, Florida.

He was sentenced for aggravated rape at the age 18, accused of engaging in sexual relations with a 12-year-old minor on St. Croix. The punishment delivered to him in 2004 was 15 years with no parole. 

Since then Ledesma has bid his case, based on changes in a witness testimony. But the appeal was rejected by the U.S. District Appellate Court in 2009 and also rejected upon review by the V.I. Superior Court in 2016. The alleged victim’s coerced testimony was apparently the only claimed evidence that was used to falsely and wrongfully convict Ledesma. We at vapac have been provided and given permission to share her recanted statements.

Another Virginia prison confining Virgin Islanders is Wallens Ridge State Prison in Big Stone Gap, Virginia. As per data shared on the web, Wallens Ridge was intentionally built to enable different states to mitigate prison overcrowding.

The Source a U.S. Virgin Island online-only newspaper since 1999 whom considers itself  A trusted independent voice of the Virgin Islands community in a recent article reported: (quote)

Several days into an investigation into the living conditions of Virgin Islands prisoners, Attorney General Claude Walker said he had little to say about it. However, he admitted the probe began with the publishing of a letter from one of those prisoners. But because Walker chose to limit remarks about the off-island prisoners, it was hard to determine if the investigation will extend to the 202 V.I. inmates now serving time in Florida, Mississippi, South Carolina and Virginia. In his letter, inmate Hector Ledesma recounted his placement in solitary confinement after being transferred to Red Onion State Prison. When asked when the inquiry began, Walker said, “a few weeks ago.”But the AG added few details after that.“I do not have anything to share with you at this time, as it in an investigation,” he said. The article went on to say the Bureau of Corrections Public Information Officer Irving Julian said there are 56 inmates in Virginia, 66 in Mississippi, 85 in Florida and one in South Carolina. The last group to leave the territory left after the passage of Hurricanes Irma and Maria in September 2017. But Julian could not say how many inmates left in the 2017 group (unquote)

Attorney General Claude Walker confirmed to Virgin Islands Consortium another online news platform that The Department of Justice has launched a full investigation into the treatment of Virgin Islands prisoners being held in stateside prison facilities.

By vapac

References:

• VI Inmate Opens Up About Unthinkable Abuse He And Others Endure At Out-Of-State Prisons
• Department Of Justice Launches Full Investigation Into Treatment Of VI Prisoners Held In Off-Island Facilities 
• Bureau Of Corrections Working Alongside D.O.J. On Investigation Into Treatment Of VI Prisoners Held In Off-Island Facilities
•  Justice Department Quietly Digs into Account of Stateside Prison Abuse | St. Thomas Source
• Virginia Prisons Accountability Committee:  VIRGIN ISLANDS CONSORTIUM CHRONICLES VI PRISONER ABUSE WHILE HELD AT VIRGINIA'S RED ONION STATE PRISON
• Virginia Prisons Accountability Committee: VIRGIN ISLANDS CONSORTIUM REPORTS V.I. BUREAU OF CORRECTIONS & DOJ EXAMINING FORMER RED ONION STATE PRISONER ABUSE

VIRGIN ISLANDS CONSORTIUM CHRONICLES VI PRISONER ABUSE WHILE HELD AT VIRGINIA'S RED ONION STATE PRISON

This week we learned from Editor-In-Cheif and journalist Ernice Gilbert of The Virgin Islands Consortium who first reported an astounding account of Virgin Island detainee Hector Ledesma recount of prisoner abuse while he was imprisoned at Virginia's Red Onion State Prison by Guards.

The following article is about the ongoing reports of unimaginable mistreatment prisoners persistently endure at the hands of corrupt prison guards in Virginia Penitentiaries written by Virgin Island Hector Ledesma. 

My name is Hector Ledesma.  I have been incarceration for the past 13 years and 9 months.  I was recently doing time in Virginia Red Onion Super-Max State Prison.  I was sent there from Citrus Count detention center. Upon arrival to Red Onion, I was placed in a locked down cell with stool all over the walls.  I was told to remove my clothes and give it to the officers, so I did. I was then locked in that cell with no clothes. The officers refused to give me showers for three months, they refuse to give me any soap, toothpaste and other hygiene.  The first time I brushed my mouth my gums was so tender that they started to bleed. I was given no toilet paper and the toilet and sink in the cell was not working either. The officers refused to give me a bed mattress so I had to try to sit and lay o the cold iron for months.  I was being STARVED FOR THREE DAYS of EVERY SINGLE WEEK. So, for three days straight per week I would receive no breakfast, lunch or dinner. I had to DRINK MY OWN URINE TO SURVIVE. I was BEATEN/ABUSED by the officers all BECAUSE I was from the Virgin Islands. I thought I was going to die, I felt like dying.  I tried sending some type of letter to my mother over on St. Croix but one day SGT. Flemming came to the cell door with something in his hands, he looked at me and said ‘what is this boy, you trying to snitch on us? Nobody could help you, don’t you see that your own Government don’t care about you, that’s why they sent you up here.’  I just ignored him. Next thing I knew my door was being buzz opened and in comes the officers, I moved back up on the wall and they kept coming after me calling me “Island Monkey.” They said where you gonna run to, and started beating me up, they left me on the floor bleeding through my mouth.

On another occasion I was sitting with my head between my legs while I sat on the cold floor, and the officer said stand up you piece of shit before I come in there and F*** you up.  So I took a little time to stand up and he called back up. When they came in my room, I said what was the problem, they said get on the floor now mother f***er, so I did as I was told.  They then had the dog breathing and dribbling over me while they laughed. Sgt. Flemming then took his foot and put it on top on my buttocks and said don’t f***ing move. Then he started to rub his foot on my butt and said nice ass, then he started rubbing harder, my penis and testicles started to hurt cause it was rubbing on the cold floor, so I tried to move and he punched me behind my head and said I told you not to move you piece of shit.  When they left, again I was coughing out blood. Even writing this right now is killing me inside, having to relive those moments. I thought I was gonna die. I didn’t know what to do. I felt like giving up. I drew a face with my blood on the wall. I used to speak to the face on the wall to try to give myself some type of hope some type of comfort, some type of energy so I wouldn’t give up. I was so tired and beaten down. I didn’t know how much more I could have taken.  I spent nights crying inside. I prayed so hard. Just when I was thinking of a way to give up on life, I started thinking about my family and friends and I kept telling myself to be strong for them. I heard my Sister Demaris voice in my head telling me to keep fighting. Don’t give up the family needs you.

I started thinking about a few people and the good they have done for me, and I told myself I have to find a way to stay strong, don’t give up, don’t surrender, keep pushing through, you have love ones waiting for you to be free.  So I refuse to die, I refuse to give into the pressure. One day I took a chance and sent a letter to my mother and from what I was told, she received it, she cried out for me when she read it. I was telling her they trying to kill me and to get help asap and so on. I’m pretty sure she still has that letter. So my Mother went to B.O.C Golden Grove crying and spoke to Officer Morris among others and showed him the letter. They assured her that they was gonna help me but they did nothing. I kept getting TORTURED DAY IN AND DAY OUT with NO HELP.

One day B.O.C. Officials to include Director Mulgrav, Officer Morris, Classification Leader Ms. Dewese, Head of Medical Linda Caldwell came to Red Onion to visit us and see how The V.I inmates were doing.  All of US told them about the abuse and mistreatment we are receiving. I even told them about the officers beating my mentally ill cousin Michael Ledesma unconscious. They bust his head open and let the dog bit him up, all because they was telling him to come off the bunk and he took too long to respond. Of course, he would. He is MENTALLY ILL, but they don’t know how to deal with mentally ill inmates so they think beating the crap out of them is the right way.  B.O.C officials saw him for themselves and still did nothing about it. They claimed said they would look into it because that’s not the first time that they are hearing complains like this. They assured us that they were going to move us from that particular prison because of the abuse of not only Virgin Island inmates but reports of excessive force and abuse of other out of state inmates. I told them, by us coming to them about the treatment that the officers will retaliate and I was told not to worry because B.O.C will continue a check on us to make sure that we are okay. On my way back to my cell the two officers who were escorting me said to me, You rat mother***er, we told you that nobody gonna help you.  You thought we were joking. We got something for you later. I said nothing. I just felt like BREAKING DOWN.

So later that night around 9pm I heard my door popped open and saw the same two officers standing there with an African American inmate.  They said you bitch mother f***er, here’s a present for you. So they locked us in and walked away, I knew what time it was, because they don’t move anyone so late at night and they also do not mix race in the same cell unless you request it on paper.  It’s VI with VI, Spanish with Spanish and so forth. So I already knew I was about to get stabbed maybe to death. I jumped off the bed, there was inmate AJ with a shank in his hand, so I stood there with a wire in my hand and my shoes ready to fight for my life.  But then one guy yelled out to me through the AC vent. He said VI what’s going on down there. I told him nothing I’m good. When inmate AJ heard my accent he said oh shit you from the islands. I said yeah and what. He said what the f*** did I get myself into and told me the cops lied to him.  They told him that they gonna put him in a cell with A White Snitch, deal with him and they gonna look out for him, they gonna send him to a lower land prison. Inmate AJ then said dude I don’t want no problems with no VI people. I got love for you guys. I love the VI so I told him what are we gonna do about this then cause you can’t stay in this cell with me when I already know your motives.  AJ then gave me the shank/knife and said dude that’s proof that I don’t want no problems with the VI. So three days after the officers realize nothing was done to me and they ask him why the f*** is He still breathing. AJ then told them he is from the VI he ain’t no white dude like you told me. I sent word to my mother to alert B.O.C officials about this retaliation on my life. My mother emailed Director Mulgrav, Linda Caldwell and Ms. Dewese about the latest incident and the only reply my mother got was from Director Mulgrav asking who she was.  And once again they did nothing to help. That’s when I was convinced that B.O.C. left me there to die.

The following day the same officers brought a charge against AJ.  The charge was that he disrespected them which was a lie. They wanted him out of my cell to try put someone else, but the same day AJ had to go to what we call Kangaroo Court for the write up, that same exact day I was So Blessed that some Marshals came to get  me for another case back in the VI. My life was spared because of my accent and also because the Marshals came for me for another case. I tried seeking help and was unsuccessful. Last December I spent about three weeks on St. Croix in Golden Grove, my first night sleeping up by booking control, at night two officers opened my door to check on me and saw me lying down under the bed under the iron and asked me what was wrong with me and why I was sleeping under the bed on the cold floor, and for a moment I realized I was back in the VI.  I slept under the bed because I figure whenever the door open the officers coming in to beat me so I felt safe under the bed. While I was in Puerto Rico Federal Prison I did the samething as well. I had 15 different roommates because nobody lasted there with me. I was losing it. I was losing my mind. And still my torture and abuse is still going unnoticed.

As I write this, I am on St. Thomas prison, the Annex and I’m still having problems mentally and to this day I have received no help and there are still V.I inmates in Red Onion along with Wallens Ridge prisons in Virginia getting tortured and abused. One of the sad things is that we’re just up there filling slots for other inmates who left.  It’s a vicious cycle. Those two prisons are max prisons for high risk deadly inmates. If you ask BOC’s Director to contact BOC’s classification for the prison records of any VI inmate housed in those prisons, you would be shocked to learn most of these inmates are inmates with good behavior. I know of VI inmates sent to these supermax prisons without a single write up while incarcerated in the Virgin Islands, but they are in a super max prison.  It’s a cycle that needs to end. They rotate us and sell us like slaves. They sell us off to the lowest bidder. I believe, if the contract for, lets say Red Onion, states that 15 VI inmates will be housed there, then what happens is everytime an inmate gets release or moved from Red Onion State Prison, BOC just sends another body to fill that vacancy.

It’s sad because the Virgin Islands is such a small and beautiful place where everybody knows everybody.  How could you send away your own people to racist, homosexual, abusive, gang prisons to be hurt? There is no rehabilitation in those prisons.  Those prisons just fill you up with hate. There are no programs for us up there and by law their should be.

VI Code says “the Director of Corrections is authorized to enter into agreements to use the correctional or detention facilities of the United States Bureau of Prisons; or the correctional facilities of any state or local government or private correctional entity located in the United States, its territories, possessions, commonwealths or the District of Columbia, which are accredited by the American Correctional Association, when the Director of Corrections determines that detention and/or correctional facilities within the Virgin Islands are inadequate to serve the best interest of the inmate or the general interest or welfare of the Territory; provided that as a condition of the prior to the transfer of any inmates, the Director of Corrections shall ascertain and ensure the availability of educational and/or vocational programs at the institution they are to be transferred to for the purpose of enabling such inmate to gain marketable skills, and provided further that no inmate is to be transferred to any institution lacking any such program(s).”

Also on December 28, 1979 Ali vs. Gibson, civil number 76-535, Mr. Ali argued about his illegal transfer to an out-of-state prison was a violation of his due process because you are not allowed to send away an inmate to state prison without giving him or her an advance notice and a hearing as to why you are sending that inmate away.

Title 5 V.IC.s 4501 Through s4503 Indicates the proper procedure for sending VI inmates to out-of-state prisons.  As of currently, they are sending us away to these abusive prisons for no reason knowing fully well of the abuse we receive in those prisons. To this day, I still dream and have cold sweats whenever I think about what I went through up there and what my fellow VI inmates are still going through up there. These prisons are setting us up for failure.  It feels like we are being set up to come right back in prison, be killed, or continue a life of crime. We want none of these things for ourselves. However, we are a byproduct of what has happened to us, of what our VI government allowed these out-of-state prisons to do to us. There is no rehabilitation. In the 13 years and 8 months I have been incarcerated what I have learned more than anything else how to survive. I have gained alot of pain in my heart from being away in out-of-state prisons away from my loved ones.  There is a sincere disappointment that our VI Government has allowed state prison officials to take advantage of me and my fellow VI inmates. Please end this cycle. People keep saying stop the violence. Well you should start from in the prison system. Help us. It’s cheaper to educate than to incarcerate. Don’t wait until it’s somebody you love to want to help. Bring us home to our families or put us in better state prisons so we can get the proper care, treatment and education that we need. This will allow us a chance of being successful when we return to our community.

By Hector Ledesma Submitted by: Cydmarie Cruz, cousin of inmate Hector Ledesma.

Editors Note: Written with the permission from the family of  Hector Ledesma expressing they are trying to be heard. Stating It's sad how people could automatically think an inmate is lying when he or she reports abuse by prison officials...Mr. Ledesma's cousin Cydmarie Cruz states: They assume that prison officials are there to protect and ensure safety so they can't possibly be abusive...Who feels it knows it. My family Mr. Ledesma is not worried about the doubters..He is to focus on getting something done..The Attorney general and Prison officials are now claiming that they are investigating Prison abuse..Yesterday a Sergeant that works in the prison and for PREA met with Mr. Ledesma to discuss what happened in Red Onion...the family states Truthfully the government are full of crap. They are only trying to do something now because election time is next month. We are not concerned about them and their bs Politricks ..We just need a course of action. The abuse has to stop..

Related Article DEPARTMENT OF JUSTICE LAUNCHES FULL INVESTIGATION INTO TREATMENT OF VI PRISONERS HELD IN OFF-ISLAND FACILITIES 

Reference
The VI Consortium was founded in 2014 covering U.S. Virgin Islands news, politics.