July/August 2008 Massachusetts Chapter

July/August 2008 Massachusetts Chapter

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John

I am only a man, and as such have made many mistakes that include trusting lawyers, doctors, politicians and police. In a world, well I’ll rein that in a little, in a society where my mistakes follow me until I am no longer here. I do mean that “here” means dead, but upon reflection, it could mean perhaps only 6the U.S. I am of course talking about my CORI report. I now have 7 or 8 pages, but who’s counting? Actually, everybody is counting. Raised poor by a single mother with drugs and alcohol more than food or electricity, I learned early how to escape from my fears and insecurities. I have foolishly blamed my father for not being there and even worse, I’ve blamed my mother for her being there. I have lost enough to drugs or alcohol and sacrificed family, friends and myself along the way. But look back to my CORI. I was sentenced to 3 years and a day for breaking and entering but the DOC saw fit to classify me as a sex offender because for my first arrest I was charged with open and gross exposure. It was 20 years ago and I was scared. My great lawyer said he worked out a deal to keep me out of jail and put on probation. Music to my young ears. I was grabbed in a blackout from alcohol because I ran when the cruiser pulled up to me. I remembered nothing. But I was arrested in multi-colored Hawaiian shorts (popular in 1987); even though the woman victim said she saw his privates and his black shorts. She didn’t look at his face and the police, lawyer and judge didn’t look at my disgustingly bright shorts, I believe red and blue. So 20 years later, the DOC tries to force me to willingly stay at the TreatmentCenter. I didn’t, of course, and the DOC didn’t let me earn$1.00 or 1 day of good time. I was released in January, but they took the winter jacket off my back, gave me $50.00 and kicked me out in a T-shirt and gray scrubs. I do not have to consider what might have happened to me because, thankfully, I had family support. My sister was waiting in the parking lot. I found some case law in the prison law library about 30 days before my release. The $50.00 for release o state prisoners ($25.00 for county) was passed or enacted in 1950. Back then you could probably rent a room for 30 days, but some clothing and buy some food with that. Not in 2004.

I also found an old law from 1880 and county commissioners were to give recently released prisoners some financial assistance, or they were to give it to the prisoner’s probation officers. I wrote to all 14 counties with a cover letter telling of my soon to be release, but got no responses. So upon my release, I called them all. I used my poor mother’s phone for long distance. No one would help. I even called Mayor Menino’s office because no county commissioner for SuffolkCounty (where I was on probation) so the Mayor and City Council members act as county commissioners. I was laughed at. I was not joking though and my ugly evil counterpart was fuming in the back of my mind. I went to the Stat4e House and used their law library. Very extensive and impressive. I made plenty of copies and I loved the law book from 1880. I had a card in my wallet from a State Rep that I had met in a Dunkin Donuts. I recognized his face from a TV show that I saw in prison where they were voting on something. A young Irish attorney, so I remembered him. I stopped by his office and gave his receptionist copies of the laws, but never got a call.

I was broke and sleeping on my mother’s couch. I had been out for about a week and had no alcohol or drugs. I met up with my old friends that love to drink and drug. I didn’t last long and I take full responsibility for my relapse. I do feel some deep anger about what had happened. I was charged, found guilty, and sentenced by the laws of the Commonwealth of Mass, so I should have received the assistance proscribed by the same. I did briefly check the law books in 2007 and the written words to the statute were changed.

I recall that I showed my probation officer a copy of the financial assistance to be given to a recently released state prisoner, and I remember her smirking at me. She said she was unaware of this law. So of course before I left probation, she made sure to tell me I have to pay $65 a month (only $50 in my signed contract upon sentencing) and get a job if I don’t want to be put back in prison. I even tried to fight the $15 increase they were now ordering me to pay. Again, the powers that be can use, abuse, manipulate and enforce my punishment through the law, but I can’t get any help or assistance through these same laws.

Once again I will find myself being released from the Mass DOC. Not for a couple o years, but I am preparing myself just the same. I know I have even less options than the last time. I am now in a wheelchair. I can no longer do roofing or any type of physical work to support myself upon release. So I am preparing a resume to accompany my CORI. Of course I don’t have a copy of my CORI because I won’t pay $25 for it and I am not indigent because I get money every few months. The best is that once again, I am prevented from work release. The DOC is now refusing to let me use my personal savings account to purchase my medical records.

In the past I was very proud of myself. I have numerous trophies and awards for my football and academic achievements. I joined the Army with the top 5 percentile for the ASVAB entrance test for all armed forces. After basic training, I received instant promotion for my hard work. I also earned my Expert Infantry Badge (I believe only 5% of the then 200,000 infantrymen earned it). I received a general discharge under Honorable conditions.

It is crucial for all of us to feel good about our accomplishments and to add to them.

I believe and hope that 2011 will be much better for me.

Black Suits

Dr. Brian Sirois

Recent news that police in Massachusetts are to switch to black, military-style uniforms in an effort to appear more authoritative and aggressive, highlights a more general move to militarize police in America, and affect a “Post 911” psychology of fear. Those of us who are incarcerated know that the DOC went to black uniforms years ago, and was told to tone it down by then Commissioner Dennehey, but they refused to listen to their superiors, as usual.

Last week, an Associated Press report headlined “Massachusetts Police Get Black Uniforms to Instill Sense of “Fear” detailed the move:

Sgt. John Delaney told city council hearing Wednesday that the stark uniforms send a message to criminals that officers are serious about making arrests. Delaney said a sense of “fear” has been missing for the past few years. In recent years, police in cities all over America have been increasingly seen in all black attire. The introduction of black police uniforms has an ominous precedent. In 1932, Hitler’s propaganda chief, Heinrich Himmler, famously introduced black uniforms for SS police, tailored to project authority and foster fear and respect. The choice of color was not by chance or accident. It is believed that the Nazi’s took the idea from the “blackshirts” in Italy years before the creation of the SS.

A 2001 FBI Law Enforcement Bulletin has summarized research on police uniforms and noted the psychological influences they have: research has suggested that clothing has a powerful impact on how people perceive each other. The police officer’s uniform has a profound psychological impact on others, and even slight alterations to the style of the uniform may change how citizens perceive them. The studies cited found that black uniforms elicit emotions of anger, hostility, dominance, and aggression from those who wear them, and fear from those who are approached by them, through intimidation. Yoda once said; “Fear leads to anger, anger leads to hatred, and hatred leads to death.” This is history repeating itself, for it did not work in Italy, and it did not work in Germany, for both got crushed by the people in the end. Maybe they should learn from others mistakes before they venture out in them. So, now you’ll know, when confronted by a member of the constabulary dressed in black, that they aren’t really mean and nasty all the time…they are just dressing to impress you that way, in their ignorance.

The Governor Maintains the Status Quo

Luis D. Perez

We have to maintain a positive attitude when we are facing the adversity of life in prison. We have to hold on to what is most important and keep struggling for improvement in order to accomplish our personal goals.

It has been very hard for many of us in prison, also for our dear families and friends to see our hopes for prison reform remain a dream. We had such high hopes for the Patrick administration but so far it appears to be more of the same.

History would repeat itself, the changes that he promised in his political campaign seem to be mere words, and like before more prisoners are warehoused in correctional facilities while Howie Carr, acting as Deputy Commissioner of Corrections, is dictating how the DOC should be run.

In fact, I can visualize the future in turn of Governor Patrick’s political agenda; he will leave his office for a cabinet position or Ambassador in another country if Mr. Obama wins the Presidential election.

I am not disputing the fact that we have a new Commissioner of Corrections, but he is surrounded by many correctional personnel who have had more than 2 decades of opportunity, yet have brought nothing new to the table of Correctional Reform. Without a retirement cap for correctional staff, they will continue to hold onto positions for a long period of time and maintain the status quo, “The Kingdom controlled by family members.”

I have spent many years writing my books, “Desperado” man Without Country and “Abnormal Footprints” so that the public can have access to the reality of the prison system. In these books I revel the complexity of problems that have been used for profit instead of rehabilitation, such as “Aging of our prison population, corruption, lack of jobs for inmates, and the failure of addressing issues in relations to the so called “Security Treat Group (STG-Members). The DOC is marking these individuals for ever and they are refusing to create cultural programs because of interest groups who are refusing to create cultural programs because of interest groups who are now being called STAKEHOLDERS. Let me give the readers a good illustration so that they can have a clear understanding o how neutrality in prison can be violated as simply as the movie program. For instance, in October 2006, at MCI Norfolk a movie was shown (BrokebackMountain) an academy award winning movie. That was used by many STAKEHOLDERS against the DOC, while on the other hand the very same people with the authorization of the Mass Supreme Court passed a law allowing gay marriages in the state. Now, how can that affect us in prison? If on one hand you cancelled the movie program in prison because of homosexual content, while on the other hand it is perfectly legal for gay people to get married, even inside the prison system?

I am using this analogy for you to understand the double standard that we have in corrections regardless of how much the DOC chooses to listen to stakeholders; the people in charge of corrections have to stand up by statutes and maintain the integrity of neutrality.

The DOC is not a political agency at all; many disregard these agencies and departments because they are perceived as political, multi-sided and corrupt beyond salvage.

We even have more than 500 prisoners who have been given an illegal life sentence as a result of not having a saving clause or severability clause with the Mass Criminal Statutes, when Furman vs. Georgia (1972), invalidate the murder statutes of G.L. c. 265 s2. It was not until 1979-1982 that the Legislative Branch authorized the Court to sentence individuals to life if they are convicted on 1st and 2nd degree murder and also did provided a saving clause.

I am hoping that one day we have a real visit with justice and fair opportunities, because moral values and principles do not exist anymore, in particular when you are holding prisoners for decades, when in fact they are no longer a threat.

Making Hope

Bill Simpson

I could not tell to laugh or cry, some days are hard when you do not want to die.

We all know it come one day, yet dieing in prison is a hell of a price to pay.

When is enough enough I ask myself, for I yell I am a human being not just something on the shelf?

Heck, some of the stuff they sell at the canteen has so much salt in it that its shelf life will outlive me. I can not tell from the world outside that Hope is there or will provide. No, hope today is something we make for ourselves to help keep it alive. Yes, some days are sad and get the better of me, t the point my soul take a walk to depress city. It’s a place lonely and dark inside of me, not a big city, not much to see. Yet beyond the city limits a light in the dark. I find my place I call Hope Park.

The Cross in My Hands

Robert LeSage

As I look at the cross in my hands

Remembering the life given for me,

at times it is difficult to understand what pure love Jesus felt for me.

I was a sinner and far from Him

my heart was worldly and full of sin,

I was on the edge of a great pit then I felt the call of the Spirit.

Guilt and shame my constant companion

I didn’t know anything about salvation,

but that tiny voice spoke to my heart

“Come to Jesus and get a new start.”

Today when I look at a cross

I think of Jesus dying for the lost,

and by His wounds there’s healing

by His death we are living.

Tears flow freely when I think of this

knowing one day I will have heavenly bliss,

and walk on streets of Gold with Him

set free from this world of sin.

Praise the name of Jesus today

look at the cross and you can say,

as you pick it up in your hands

Thank you Lord I now understand.

Civilly Committing Sex Offenders Part 2

Randy Sargent

In part one, I tried to demonstrate unjust issues that continue to keep me subjugated under the DOC’s thumb. I completed my sentence in 2002 and now am civilly committed a day to the rest of my life.

The Commonwealth’s “Qualified Examiners are nothing more than hired guns. Upon perusing reports written after my QE interrogations, I found my answers had been edited and manipulated. After conversing with many other civils, I found their experience identical.

Commonwealth in 1999 revised and reinstated M.G.L. 123A; if interested download off internet. The language of this statute is loophole filled and ambiguous to interpretation. Judges asked to rule on 123A have ruled differently on the same issues.

The SJC overruled a superior court judge’s definition of (likelihood) to reoffend. In re-defining (likelihood) the standard was greatly lowered, making commitment effortless. Previously, (likelihood) was on par with (beyond a reasonable doubt); requiring a much higher burden of proof to commit. There are men here at 3% and 4% risk level to reoffend and some are doing a day to life for nothing more than exposure. The average offender is low to medium risk level. As 123 A is written; only those at a high risk level were to be petitioned for commitment. Our powers that be do not distinguish between low and medium to high risk levels; unfair and unjust.

Next, the SJC ruled civil commitment is not double jeopardy and is not punitive stating; “proceedings are civil in nature, therefore not double jeopardy or punishment.” I am housed in cell 13 behind prison walls surrounded by double razor wire fences. I am controlled by DC’s schedule 24/7; eat, sleep, go outside, etc. Not punishment?

As for proceedings civil in nature. Why then are our criminal records, in a criminal courtroom, presided by a criminal judge, and used to civil commit us? (civil?)

In part one; I touched on society being predisposed to judge all sex offenders equally. Nothing is less true. Sex offenders are all very different. Until more people have knowledge that sex offenders are different, those of us who do not belong committed remain with our freedom gone and our lives slipping away.

Until 123 A is more concisely written, the net is too wide, intended for only high risk offenders. An unjust judicial net brings in dolphins with the tuna catch.

Our justice system is said to consider all facts and no judge or juror should pre-judge. Yet media’s constant coverage of only news worthy sexual assault has caused a subconscious negative prejudice in both judge and jurors minds.