* News Release Issued by the International Secretariat
of Amnesty
International *
9 April 2002
ACT 50/005/2002
60/02
During 2001 over 3,048 people were executed in 31
countries,
Amnesty International said today. The figure was more
than twice
the total of 1,457 executions recorded in 2000.
Releasing its statistics for the number of
worldwide
executions carried out during 2001, Amnesty
International called
on the United Nations Commission on Human Rights to
take strong
action against the death penalty at its annual session,
currently
in progress in Geneva, and to establish a universal
moratorium on
executions.
"The Commission on Human Rights, currently
sitting in
Geneva, will hopefully soon pass another strong
resolution
reiterating its call for an immediate worldwide
moratorium on
executions and urging states to respect international
standards,
including the ban on executing child offenders. The UN
should
take the lead and take firm and positive measures to
protect
those facing the death penalty."
Amnesty International stressed that the figures
released
today only include cases known to the organization. "It
is
impossible to give a complete total because many
countries
deliberately keep the true numbers of those executed
secret,
belying the supposed deterrent value of the death
penalty," the
human rights organization said.
Amnesty International also recorded over 5,265
people who
were sentenced to death in 68 countries during 2001.
"Many cases were in blatant violation of
international
standards on the application of the death penalty,"
Amnesty
International said. "Prisoners were sentenced to death
following
unfair trials. In violation of international law, there
were
executions of child offenders -- people convicted of
crimes
committed when they were under the age of 18." Three
such
executions were recorded in 2001 - in Iran, Pakistan
and the USA.
The dramatic increase in worldwide executions was
due to
the intensified use of the death penalty in China after
the
government launched a national "strike hard" campaign
against
crime. Between April and July 2001 alone at least 1,781
people
were executed in that country -- more than the total
number of
people executed in the rest of the world in the
previous three
years. Many of those condemned to death could have been
tortured
to extract confessions. Condemned prisoners were often
shacked
and humiliated by being paraded in public.
Amnesty International recorded 139 executions in
Iran,
but the true number was believed to be much higher. In
Saudi
Arabia, 79 executions were reported. Sixty-six people
were
executed in the USA, down from 85 in 2000.
"The figures for China, Iran, Saudi Arabia and
the USA
accounted for 90 per cent of all known executions in
2001,"
Amnesty International said.
"Yet there has also been progress towards
abolition. By
the end of the year, 111 countries had abolished the
death
penalty in law or practice, three more than at the end
of the
previous year."
During 2001, Chile abolished the death penalty for
peacetime offences. Turkey adopted a constitutional
amendment
reducing the scope of the death penalty.
Amnesty International welcomed the decision by the
President of Pakistan in December 2001 to commute the
death
sentences of approximately 100 child offenders.
Additionally, during 2001 Bosnia-Herzegovina and
the
Federal Republic of Yugoslavia have ratified the Second
Optional
Protocol to the International Covenant on Civil and
Political
Rights (ICCPR) -- a treaty providing for the total
abolition of
the death penalty -- bringing the number of state
parties to the
Second Optional Protocol to 46.
"The death penalty is the ultimate cruel, inhuman
and
degrading punishment and a violation of the right to
life,"
Amnesty International said. "Protecting the right to
life is an
international responsibility."
For more information, please contact Judit Arenas + 44
7778 472
188 or visit
http://web.amnesty.org/rmp/dplibrary.nsf/index?openview.
****************************************************************
You may repost this message onto other sources provided
the main
text is not altered in any way and both the header
crediting
Amnesty International and this footer remain intact.
Only the
list subscription message may be removed.
CIVIL RIGHTS, CONSTITUTIONAL LAW
KITCHEN v. UPSHAW, No. 99-2458 (4th Cir. April 09,
2002)
Plaintiff inmate was not denied liberty without due
process when
jail denied him work release, as prisoners do not
enjoy a
constitutionally-protected liberty interest in work
release;
Regional Jail Authority is not an arm of the State
for purposes of
Eleventh Amendment immunity.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/4th/992458p.html
CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW &
PROCEDURE
LAWSON v. DALLAS COUNTY, No. 00-11078 (5th Cir.
March 28, 2002)
Evidence, that medical personnel treating
paraplegic prison inmate
had actual knowledge of risk to his health but
consciously
disregarded risk in numerous ways by failing to
prevent and properly
treat life-threatening ulcers, supported district
court's finding of
deliberate indifference and, because County should
have been aware
of the danger its policies posed to inmate, county
properly held
liable. (Revised opinion).
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/5th/0011078cv0.htm
From: Bernie Hamilton
Subject: [hr-education] 11th Human Rights Study Trip to Geneva (May
2002)
----------------------------------------------------------------------
----------11TH CONSECUTIVE TRIP TO STUDY UN HUMAN RIGHTS
TREATY PROCEDURES IN GENEVA
FOR MEMBERS OF BIRKBECK COLLEGE, UNIVERSITY OF
LONDON AND
OTHERS - May 2002
COURSE LEADER: Bernie Hamilton
These arrangements are based on last May's trip.
The estimated cost of Geneva travel and
accommodation is £300.00
Do not forget the cost of all necessary insurance.
TREATY MONITORING COMMITTEES GENEVA:
Two treaty monitoring committees will be studied:
CESCR & CAT.
We should have an opportunity to observe country
hearings, and see NGOs
at work. We will meet with UN Committee members
and staff, as well as
with human rights NGO workers.
PROVISIONAL SCHEDULE
Mon 06 AM CAT Norway
CESCR United Kingdom
PM CAT Venezuela
CESCR United Kingdom
Tue 07 AM CAT Luxembourg
CESCR United Kingdom
PM CAT Sweden/Norway
CESCR United Kingdom
Wed 08 AM CAT Saudi Arabia
CESCR Trinidad & Tobago
PM CAT Uzbekistan/Luxembg
CESCR Trinidad &
Tobago
Thu 09 AM CAT Closed
CESCR Closed
PM CAT Closed CESCR
Closed
Fri 10 AM CAT Denmark
CESCR UNESCO Meeting
PM CAT Saudi Arabia
CESCR UNESCO
Meeting
WHAT OTHERS HAVE SAID ABOUT RECENT GENEVA STUDY
TRIPS
" The trip to Geneva really put International Law
in general and Human
Rights advocacy in particular in perspective for
me. Contrary to what I
had envisaged, we were not only observing
Committee meetings and 'taking
in the atmosphere', as it were - we were also
engaging in conversation
with Committee members, learned members of the
legal profession, and
other observers and advocats... in short, it was
more than worth the
money. Perhaps less to the point but just as
importantly: it was brilliant fun
as well." - AB University of Essex
" I would like to go again " - CD University of
Liverpool
" A very rewarding experience " - EF University of
Sussex
BOOKING DEADLINE: Those who have expressed an
interest, must
confirm by 12:30 PM, Monday April 15, so that I
can arrange UN ID.
Because of additional security concerns, I have
been asked to forward ID
details to Geneva as soon as possible, and so I
ask you to register as soon
as possible.
Students are free to make their own travel and
accommodation arrangements.
TRAVEL: Depart Sunday May 5 - Return Friday May
10.
Easyjet offers return economy flights
Luton/Stanstead/Gatwick to Geneva
[£60.00].
ACCOMMODATION: Hotels can be selected from the
Web.
http://geneva.yop.ch/hotels
Prices vary throughout the year. Ask hotels about
discounts. There is a
very cheap hostel offering basic accommodation
near the UN's Palais Wilson.
Tel: +41 22 732 62 60.
FURTHER INFORMATION FROM BERNIE HAMILTON -
COORDINATES BELOW
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
::::::
::::::::::::::::::::::::::::::::::::::::::::::::::::
TO: Bernard F. Hamilton, President,
Leo Kuper Foundation, 159, Cromwell Road, London
SW5 0TQ
Tel: +44 (0) 20-7373-7332 Fax: +44 (0)
20-7341-0050
E-Mail: LKF@...
NAME..................................................................
………………
…………………………..
ADDRESS...............................................................
......
........................................................
......................................................................
......
....................................................................
TEL.................................................................E-
mail:.
..........................................................
I apply for the May 2002 UN visit and enclose a
cheque for £110.00 payable
to "LKF"
Signature.............................................................
..
DEADLINE FOR RETURN OF APPLICATIONS: 12:30 pm
Monday April 15, 2002
======== Global Human Rights Education
========
BOOK REVIEW
----------------------------------------------------------------------
ELAINE CASSEL | The Prisonization Of America As A
Shameful Social
Problem: A Review of "Hard Time Blues: How
Politics Built A Prison
Nation"
Attorney Elaine Cassel assesses Sasha Abramsky's
Hard Time Blues, an
account of how politics over the past few decades
has resulted in the
United States' incarcerating more people for more
offenses than any
other country in the free world, with our prison
population quintupling
over the last 30 years. Abramsky's narrative,
which focuses on "Three
Strikes" laws such as California's, is all the
more timely now that the
Supreme Court has decided to review the
constitutionality of such laws.
http://writ.news.findlaw.com/books/reviews/20020405_cassel.html
From: "Magnusson, Marty" <Marty.Magnusson@...
Date: Mon Apr 8 08:33:05 2002
To: <aicap@...>
Sender: "Gorman, Monica" <Monica.Gorman@...>
----------------------------------------------------------------------
----------Mr. Michaud is currently serving a 13 year
sentence for Manslaughter at the
Maine State Prison-Warren, 807 Cushing Road,
Warren, ME 04864. His prison
number is confidential.
Commissioner Martin Magnusson
Department of Corrections
News Tracker Alert: Newsclips
Mon Apr 8 11:18:06 2002
--------------------------------------
April 8, 2002
Opinion: Unlock Prison Art
NYT
The Pataki administration should rethink their
descision to cancel an annual art show of works by
prisoners.
Full Story:
http://www.nytimes.com/2002/04/08/opinion/_08MON2.html?tntemail0
Dated March 26, 2002
"Dean Mechaud" incarcerated in Warren, Maine, serving 13 years. He
was on a Canadian channel interview from Maine State Prison. He was
DENIED TRANSFER. Try and see if you can email the main D.O.C. for his
prison # and location address.
[done]
March 26, 2002
To: AICAP Canadian Office
From: Rev.Dr. Alphonse B. Gucci
Hi Partner:
It has come to my attention that the Texas Governor's Office has not
been reviewing transfer cases for over a year now, my source who
works with the Texas legislations has informed me.
The source states as follows: "that no transfer requests are being
reviewed since the Governor doesn't have to be included in the
decision process anyway. It appears like Canada and the U.S. Dept. of
Justice can make the decision themselves."
Since that is the case, then let's try something. Can you email
William Graham, the Minister of Foreign Affairs, and Serge [Boudreau,
Manager, International Transfers, Correctional Service Canada] of the
information. Also email the Governor of Texas for confirmation on
this and then contact (email) Maureen Killion at the U.S. Dept. of
Justice on this very same issue.
The first one I would like to try for in getting transfer approval
for is Susan Lynne Hey #835712, 2305 Ransom Road, Gatesville, Tx
76528. She has the best opportunity for transfer [to Canada] because
on February 04, 2002 Serge posted a letter to the Texas D.O.C.
requesting information as per letter enclosed.
Rev.Al
--------------------------------------------------------------------
[Enclosure:]
From: Correctional Service Canada
Ottawa, Canada K1A 0P9
Feb 04 2002
To: Mr. Wayne Scott
Executive Director
Texas Department of Criminal Justice
P.O. Box 99
Spur 59 off Hwy 75 North
Huntsville, Tx
77342-0099
USA
Dear Mr. Scott:
RE: HEY, SUSAN TDCJ ID#835712 - Application for Transfer to Canada
Further to my letter of September 17, 2001 to Mrs. Maureen Killion,
copy attached for ease of reference, may we please be provided with
the supporting documentation referred to in Article 4.3 of the
CONVENTION ON THE TRANSFER OF SENTENCED PERSONS. I have also attached
a copy of Mrs. Hey's application for transfer.
If you have any questions, do not hesitate to contact me. Thank you
for your assistance in this matter.
Yours truly,
Serge Boudreau
Manager
International Transfers
Facs: 613-952-7676
c.c.: Mrs. Maureen Killion
Senior Associate Director
Office of Enforcement Operations
US Department of Justice
Mr. David Martinez
The Consulate General of Canada
Dallas, Texas
Ms. Susan Hey
TDCJ ID#835712
Mountain View Unit
From: "anttomm" <anttomm@...>
Date: [no date]
To: "aicap" <aicap@...>
Subject: your attention required
No 5 PARK AVENUE,
G.R.A, ENUGU.
ENUGU STATE,
TEL:234 90506653
TEL:874-762864162
FAX:874 762864164
{VERY URGENT BUSINESS TRANSACTION}
GREETINGS
IN ORDER TO TRANSFER OUT (USD$126 MILLION DOLLARS) FROM
OUR BANK. I HAVE THE COURAGE TO ASK YOU TO LOOK FOR A
RELIABLE AND HONEST PERSON WHO WILL BE CAPABLE FOR THIS
IMPORTANT BUSINESS BELIEVING THAT YOU WILL NEVER LET
ME DOWN EITHER NOW OR IN FUTURE.
I AM MR. EMMANUEL OBI, THE EASTERN DISTRICT BANK
MANAGER OF UNITED BANK FOR AFRICA PLC. (UBA). THERE IS
AN ACCOUNT OPENED IN THIS BANK IN 1980 AND SINCE 1990
NOBODY HAS OPERATED ON THIS ACCOUNT AGAIN. AFTER GOING
THROUGH SOME OLD FILES IN THE RECORDS I DISCOVERED THAT
IF I DO NOT REMITT THIS MONEY OUT URGENTLY IT
WILL BE FORFEITED FOR NOTHING.
THE OWNER OF THIS ACCOUNT IS MR. SMITH B. ANDREAS, A
FOREIGNER, AND THE MANAGER OF PETRO - TECHNICAL SUPPORT
SERVICES, A CHEMICAL ENGINEER BY PROFESSION AND HE DIED
SINCE 1990. NO OTHER PERSON KNOWS ABOUT THIS ACCOUNT OR
ANY THING CONCERNING IT, THE ACCOUNT HAS NO
OTHER BENEFICIARY AND MY INVESTIGATION PROVED TO ME AS
WELL THAT THIS COMPANY DOES NOT KNOW ANYTHING ABOUT
THIS ACCOUNT AND THE AMOUNT INVOLVED IS (USD$126
MILLION DOLLARS).
I WANT TO TRANSFER THIS MONEY INTO A SAFE FOREIGNERS
ACCOUNT ABROAD BUT I DON'T KNOW ANY FOREIGNER, I AM
ONLY CONTACTING YOU AS A FOREIGNER BECAUSE THIS MONEY
CAN NOT BE APPROVED TO A LOCAL BANK HERE, BUT CAN ONLY
BE APPROVED TO ANY FOREIGN ACCOUNT BECAUSE THE MONEY IS
IN US DOLLARS AND THE FORMER OWNER OF THE ACCOUNT IS
MR. SMITH B. ANDREAS IS A FOREIGNER TOO. I KNOW THAT
THIS MASSAGE WILL COME TO YOU AS A SURPRISE AS WE DON'T
KNOW OUR SELVES BEFORE, BUT BE SURE THAT IT IS REAL AND
A GENUINE BUSINESS.
I ONLY GOT YOUR CONTACT ADDRESS FROM THE COMPUTER WITH
BELIEVE IN GOD THAT YOU WILL NEVER LET ME DOWN IN THIS
BUSINESS YOU ARE THE ONLY PERSON THAT I HAVE CONTACTED
IN THIS BUSINESS, SO PLEASE REPLY URGENTLY SO THAT I
WILL INFORM YOU THE NEXT STEP TO TAKE URGENTLY. I WANT
US TO SEE FACE TO FACE OR SIGN A BINDING AGREEMENT TO
BIND US TOGETHER SO THAT YOU CAN RECIEVE THIS MONEY
INTO A FORIEGN ACCOUNT OR ANY ACCOUNT OF YOUR CHOICE
WHERE THE FUND WILL BE REMMITTED. AND I WILL FLY TO
YOUR COUNTRY FOR WITHDRAWAL AND SHARING AND OTHER
INVESTMENTS.
I AM CONTACTING YOU BECAUSE OF THE NEED TO INVOLVE A
FOREIGNER WITH FOREIGN ACCOUNT AND FOREIGN ENEFICIARY.
I NEED YOUR CO-OPERATION TO MAKE THIS WORK FINE.
BECAUSE THE MANAGEMENT IS READY TO APPROVE THIS PAYMENT
TO ANY FOREIGNER WHO HAS CORRECT INFORMATION OF THIS
ACCOUNT, WHICH I WILL GIVE TO YOU LATER IMMEDIATELY, IF
YOU ARE ABLE AND WITH CAPABILITY TO HANDLE SUCH AMOUNT
IN STRICT CONFIDENCE AND TRUST ACCORDING TO MY
INSTRUCTIONS AND ADVICE FOR OUR MUTUAL
BENEFIT BECAUSE THIS OPPORTUNITY WILL NEVER COME AGAIN
IN MY LIFE.
I NEED TRUTHFUL PERSON IN THIS BUSINESS BECAUSE I DON'T
WANT TO MAKE MISTAKE I NEED YOUR STRONG ASSURANCE AND
TRUST. WITH MY POSITION NOW IN THE OFFICE I CAN NOT
TRANSFER THIS MONEY TO ANY FOREIGNERS RELIABLE ACCOUNT
WHICH YOU CAN PROVIDE WITH ASSURANCE THAT THIS MONEY
WILL BE INTACT PENDING MY PHYSICAL ARRIVAL IN YOUR
COUNTRY FOR SHARING. I WILL
DESTROY ALL DOCUMENTS OF TRANSACTION IMMEDIATELY WE
RECIEVE THIS MONEY LEAVING NO TRACE TO ANY PLACE.
YOU CAN ALSO COME TO DISCUSS WITH ME FACE TO FACE AFTER
WHICH I WILL MAKE THIS REMITTANCE IN YOUR PRESENCE AND
TWO OF US WILL FLY TO YOUR COUNTRY AT LEAST TWO DAYS
AHEAD OF THE MONEY GOING INTO YOUR ACCOUNT.
I WILL APPLY FOR ANNUAL LEAVE TO GET VISA
IMMEDIATELY I HEAR FROM YOU THAT YOU ARE READY TO ACT
AND RECEIVE THIS FUND IN YOUR ACCOUNT. I WILL USE MY
POSITION AND INFLUENCE TO EFFECT LEGAL APPROVALS AND
ONWARD TRANSFER OF THIS MONEY TO YOUR ACCOUNT WITH
APPROPRIATE CLEARANCE FORMS OF THE MINISTRIES AND
FOREIGN EXCHANGE DEPARTMENTS. AT THE CONCLUSION OF THIS
BUSINESS, YOU WILL BE GIVEN 20% OF THE TOTAL AMOUNT,
75% WILL BE FOR ME, WHILE 5% WILL BE FOR EXPENSES BOTH
PARTIES MIGHT HAVE INCURED DURING THE PROCESS OF
TRANSFERING.
I LOOK FORWARD TO YOUR EARLIEST REPLY BY
MAIL. anttomm@... or anttomm@...
YOURS TRULY,
EMMANUEL OBI
From: "graham davis" <grahamdavis01@...>
Date: Sun Apr 7 13:08:35 2002
To: aicap@...
Subject: assistance
Dear Sir,
I am the Chairman Contract Review Committee of Federal
Airport
Authority of Nigeria (FAAN).
Although this proposal might come to you as a surprise
since
it is coming from someone you do not know or ever seen
before,
but after due deliberation with my colleagues, I
decided to contact
you based on Intuition.
We are soliciting for your humble and confidential
assistance
to take custody of Eighteen Million, Five Hundred
Thousand United States Dollars.{US$18,500,000.00}.
This sum (US$18.5M) is an over invoice contract sum
which is currently
in Apex Bank of Nigeria as an unclaimed contract
entitlement which can easily
be withdrawn or drafted or pay to any recommended
beneficiary by my committee.
On this note, you will be presented as a contractor to
FAAN who has executed a
contract to a tune of the above sum and has not been
paid.
Our law prohibit a civil servant from operating a
foreign account,
hence we are contacting you.
If this proposal satisfies you, do response as soon as
possible
with the following information:
1. The name you wish to use as the beneficiary of the
fund.
2. Your Confidential Phone and Fax Numbers.
Further discussion will be centered on how the fund
shall be transfer
and your commission for fronting for us.
Thank you and God bless.
Best regards,
Graham Davis
Tel:00-234-8033159456
A Treaty Bush Shouldn't 'Unsign'
By DAVID J. SCHEFFER
Somebody in Washington has come up with a bizarre
and
dangerous idea: to nullify the American signature
on the
Rome treaty for establishment of an international
criminal
court.
http://www.nytimes.com/2002/04/06/opinion/06SCHE.html?todaysheadlines
April 5, 2002
Opinion: Life After Prison
NYT
Life After Prison To the Editor:.
Full Story:
http://www.nytimes.com/2002/04/05/opinion/L05PRIS.html?tntemail0
April 5, 2002
New York Region: City Is Urged Not to Add Jail
Space for Juveniles
NYT
By MICHAEL COOPER
In the current climate of protests over city
budget cuts, it is a man-bites-dog story: a group
of advocates is pleading with the Bloomberg
administration not to spend money.
Full Story:
http://www.nytimes.com/2002/04/05/nyregion/05JUVE.html?tntemail0
April 5, 2002
New York Region: Irvington Mayor Indicted on 5
Counts of Corruption
NYT
By ROBERT HANLEY
NEWARK, April 4 ? The mayor of Irvington, Sara B.
Bost, was indicted today on federal corruption
charges ? the fifth case the United States
attorney's office here has brought against a
sitting or former New Jersey mayor
in the last two years.
Full Story:
http://www.nytimes.com/2002/04/05/nyregion/05IRVI.html?tntemail0
April 5, 2002
National: Abuses by Clergy Become New Focus for
Prosecutors
NYT
By SAM DILLON
Prosecutors in several regions are seeking new
ways to interpret laws that could allow them to
press criminal charges against sexually abusive
priests.
Full Story:
http://www.nytimes.com/2002/04/05/national/05PROS.html?tntemail0
April 5, 2002
National: Move Likely for Inmate Who May* Be
American
NYT
By KATHARINE Q. SEELYE
The Pentagon is making plans to airlift a prisoner
from the Afghan war who may be an American citizen
out of the United States Naval Base at Guant?namo
Bay, Cuba.
Full Story:
http://www.nytimes.com/2002/04/05/national/05DETA.html?tntemail0
[*QUESTION: WHERE WAS THE INMATE BORN?]
April 5, 2002
Movies: Prisoners on Parade
NYT
By DAVE KEHR
On the evidence of "Greenfingers,"
"The Mean Machine" and now "Lucky
Break," the British prison system seems to be
home to the largest number of lovable, eccentric
characters this side of S
esame Street.
Full Story:
http://www.nytimes.com/2002/04/05/movies/05LUCK.html?tntemail0
March 26, 2002
To: Rev. Gucci
A.I.C.A.P.
Enclosed please find some information I came across I thought might
interest you.
My mom contactedthe governor's office as you suggested. She received
non-commital response from the B.P.T. Director. The Director
forwarded my supporting documentation at the end of last year. He
indicated he would not view my transfer favourably if Canada didn't
keep me incarcerated similar to what California intends.
I'm still waiting for Canada to respond.
Sincerely,
Gary S. Couch, #P64156
M.C.S.P., B8-125Up
P.O. Box 409000
Ione, CA 95640
--------------------------------------------------------------------
[Enclosure:]
2002 Budget Analysis: Judiciary and Criminal Justice, Department of
Corrections (5240) -
http://www.lao.ca.gov/analysis_2002/crim_justice/cj_4_5240_anl02.htm
Judiciary & Criminal Justice
Legislative Analyst's Office
Analysis of the 2002-03 Budget Bill
Department of Corrections (5240)
The California Department of Corrections (CDC) is responsible for the
incarceration, training, education, and care of adult felons and non-
felon narcotic addicts. It also supervises and treats parolees
released to the community.
The department now operates 33 institutions, including a central
medical facility, a treatment center for narcotic addicts under civil
commitment, and a substance abuse treatment facility for incarcerated
felons. The CDC system also includes 12 reception centers to process
newly committed prisoners; 16 community correctional facilities; 38
fire and conservation camps; the Richard A. McGee Correctional
Training Center; 34 community reentry, restitution, and drug
treatment programs; 136 parole offices; and 4 outpatient psychiatric
services clinics.
Budget Proposal
The budget proposes total expenditures of $4.8 billion for CDC in
2002-03. This is $28 million, or about 1 percent, below the revised
estimate for current-year expenditures. The primary causes of this
decrease are a projected decline in the inmate population and a
proposed shift of funding for certain programs from the General Fund
to special funds.
General Fund Expenditures. Propsoed General Fund expenditures for the
budget year total almost $4.7 billion, a decrease of $2.2 million, or
less than 1 percent, below the revised current-year estimate.
FEDERAL FUND EXPENDITURES. The Governor's budget assumes that the
state will receive about $208 million from the federal government
during 2002-03 as partial reimbursement of CDC's costs (estimated to
be $567 million in the budget year) of incarcerating inmates in
prison and supervising felons on parole who are illegally in the
United States and have committed crimes in California. [**]
This is $50 million higher than the state is estimated to receive in
the current year. The federal funds are not included in CDC's budget
display, but instead are scheduled as "offsets" to its total state
General Fund expenditures.
[** Questioning parole for illegal aliens. Note: there is no parole
with deportation.]
Citizens United for Rehabilitation of Errants [CURE]
A National Effort to Reduce Crime through Criminal Justice Reform
Spring 2002
Chapter Development
National CURE is pleased to announce that it has received a $20,000
grant from the Catholic Campaign for Human Development. The chapter
development grant will be used to train leaders and to provide a
library of helpful materials geared to the needs of each
participating chapter. To date, leaders of eighteen chapters have
volunteered to participate. Contact us for more information on how
you can become a chapter leader.
Restorative Justice
CURE is a cosponsor of Restorative Justice Week April 14-21.
For more info, contact Tony Brown, 4600 Robertson Rd., #113, Moscow,
ID 83843 208-882-5416. Email
restorativejusticeweek2002@... or see website
http://fcrjquaker.org
Human Rights For All
Besides the Report Cards, countries were asked to introduce a
resolution for adoption by the General Assembly of the UN that
implements universal suffrage for prisoners. Although most countries
in principle allow prisoners to vote, in reality it can be almost
impossible.
If a country will introduce this resolution, CURE will work to pass
it in Geneva, Switzerland. This is the first step toward having it
voted on by the UN General Assembly of all 190 nations which meets in
New York City.
-------------------------------------------------------------------
RESOLUTION FOR ADOPTION BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS
MEASURES FOR SECURING THE IMPLEMENTATION OF UNIVERSAL SUFFRAGE FOR
PRISONERS
The General Assembly,
Mindful of its vital role in ensuring human rights and self
determination among all peoples of the world;
Reflecting on the critical need for implementation of voting rights
among all peoples in all nations to ensure peace, justice and human
dignity;
Recalling the commitments made by Member States in the Universal
Declaration of Human Rights, including Article 21: "Everyone has the
right to take part in the government of his country, directly or
through freely chosen representatives" and that "The will of the
people shall be the basis of the authority of government",
which "shall be expressed in periodic and geniune elections...by
universal and equal suffrage";
Recalling further the European Convention on Human Rights, Protocol
1, Article 3: "The...Parties undertake to hold free elections at
reasonable intervals by secret ballot, under conditions which
willensure the free expression of the opinion of the people in the
choice of the legislature";
Noting the importance of this right as expressed in the International
Covenant on Civil and Political Rights, Article 25: "Every citizen
shall have the right and the opportunity, without any of the
distincitons mentioned in Article 2 and without unreasonable
restrictions...to take part in the conduct of public affairs,
directly or through freely chosen representatives;...to vote...at
genuine periodic elections which shall be by universal and equal
suffrage...by secret ballot, guaranteeing the free expression of the
will of the electors...";
Noting further the Preamble of the International Covenant on
Economic, Social and Cultural Rights: "In accordance with the
Universal Declaration of Human Rights, the ideal of free human beings
enjoying freedom from fear and want can only be achieved if
conditions are created whereby everyone may enjoy his...civil and
political rights"; Article 1(2) of the Covenant declaring: "All
peoples have the right of self-determination", which "enables them to
freely determine their political status", protected in Article 4 from
all limitations except those "determined by law... as...compatible
with the nature of these rights and solely for the purpose of
promoting the general welfare in a democratic society";
Recalling the International Convention on the Elimination of All
Forms of Racial Discrimination which through Articles 1 and 5 bars
distinction that nullifies or impairs "Political rights, in
particular the rights to participate in elections...to vote...on the
basis of universal and equal suffrage...";
Recalling further the American Convention on Human Rights, Article
23: "Every citizen shall enjoy the following rights and
opportunities...to take part in the conduct of public affairs,
directly or through freely chosen representatives...to vote...in
genuine and periodic elections, which shall be by universal and equal
suffrage and by secret ballot that guarantees the free expression of
the will of the voters";
Noting also the African Charter on Human and Peoples' Rights, Article
13: "Every citizen shall have the right to participate freely in the
government ofhis country, either directly or through freely chosen
representatives";
Convinced that the right to vote constitutes one of the most
fundamental of all human rights, without which the will of the people
is suppressed and human rights abuses may proceed undeterred;
Mindful that the nature of the institutional environment in prisons
may render them likely repositories of human rights abuses unlikely
to occur elsewhere, such as wrongful detention, torture, cruel and
inhuman treatment, denial of medical care, and other abuses of
governmental authority constitutiong a pattern and practice of abuse;
Aware that harm from such abuse accrues not solely to individuals,
but to society as a whole;
Mindful that the exercise of civil and political rights by prisoners
who are paying their debt to society, and ex-prisoners, who have
fully discharged that debt, not only guards against the erosion of
institutional conditions which threaten society as a whole, but also
provides a meaningful tool for rehabilitation and preparation for
future contributions as memebers of free society;
Noting that many prison populations consist disproportionately of
racial and ethnic minorities, and that, therefore, denial to
prisoners of the right to vote results not only in their exclusion as
a class from the right to vote, but also may result in the dilution
or cancelling out of the voting strength of entire racial or ethnic
minorities in a given State or political subdivision;
Convinced that specific "reasonable restrictions" upon the right to
vote which may be applicable under certain of the above instruments,
which as minimum age, mental competence, and even, as in the American
Convention, sentencing by a competent court in criminal proceedings,
cannot properly be applied under international law to impose a
sweeping and automatic exclusion of prisoners and ex-prisoners as a
class from the fundamental right to suffrage;
Aware of the fact that voting rights provisions contained in the
above-referenced instruments do not currently enjoy full
implementation by all signatory nations;
Persuaded by over fifty years' experience in seeking to implement the
mission of the United Nations, that no meaningful human rights agenda
may be effectuated without protection of fundamental human rights of
all persons in all places, regardless of their race, religion,
economic or other status in life, and that sweeping exclusion of any
class of persons in incompatible with the fundamental and universal
status of the right to suffrage;
Noting that the free exercise of the right to vote by all peoples
will assist in the attainment and preservation of the level of
democracy necessary to ensure peace, justice and the implementation
of all other human rights for all people everywhere;
Urges all States to commit by this resolution to take all measures
necessary to implement universal and equal suffrage in their
respective countries, including prompt adoption of such domestic
legislation as may be necessary to effectively ensure this
fundamental human right for all disenfranchised persons of every
status in life, including prisoners and ex-prisoners, in accordance
with international human rights obligations and the general welfare
of all peoples.
International Criminal Court treaty to enter force
in July
http://www.europaworld.org/issue76/international5402.htm
The International Criminal Court will be
established under a treaty that comes into force
on 1 July. It will act in cases of genocide, war
crimes and other crimes against humanity.
from EuropaWorld
From: ".JJAdm" <jjadm@...>
Date: Thu Apr 4 08:28:04 2002
Subject: Survey of Juvenile Justice Mental Health Assessment
Practices
----------------------------------------------------------------------
----------Columbia University's Center for the Promotion of
Mental Health in Juvenile
Justice is conducting a survey of mental health
assessment practices in
juvenile justice settings. Collaborators in the
survey include the American
Probation and Parole Association, the Council of
Juvenile Correctional
Administrators, and the New York State Office of
Mental Hygiene.
The Center is conducting the survey to identify
the procedures used to
assess the mental health needs of youth in the
juvenile justice system and
to refer them for services. The Center is also
interested in finding out
what mental health and juvenile justice
practitioners believe should be done
in this area.
Survey responses will inform the Center's upcoming
Consensus Conference on
April 17, 2002. For that conference, researchers
and practitioners will
collaborate to develop practical guidelines
regarding best practices for
mental health assessments in the juvenile justice
system.
The Center for the Promotion of Mental Health in
Juvenile Justice invites
professionals working in the juvenile justice
system to participate in this
important survey.
Resources:
You may respond to the survey questions online at
http://library.cpmc.columbia.edu/CERE/mhsurvey/enter.htm
Please note that there are two versions of the
survey: one for mental health
practitioners working in the juvenile justice
system and another for
non-mental health staff.
For further information, please call Christie
Peltzman at 212-543-6810.
From: "Kay Lee" <kaylee@...>
Date: Thu Apr 4 14:31:45 2002
To: "FL Gov. Jeb Bush" <fl_governor@...>
Subject: DID YOU LET IT HAPPEN AGAIN?
----------------------------------------------------------------------
----------
TO FLORIDA GOVERNOR JEB BUSH
Regarding
INMATE WITNESSES TO REPORTED MURDER
WAKULLA CI - Leon County - State of Florida
WAKULLA CI
http://www.angelfire.com/fl4/prison/wakulla.html
ARCHIE DAVIS
http://www.angelfire.com/fl4/prison/davis.html
Dear Governor Bush,
On January 10th, 2002, Archie Davis died in a
confinement cell.
The officials call it suicide, but a number of
other people say
it was cold blooded murder
committed by guards who had tortured Davis for 10
days prior to
the death!
There is some evidence to support their
statements, thus we must
move forward.
The following witnesses MUST be named because we
are in fear for
their health and safety.
We understand Sgt. Agerson has been relocated from
the
confinement area to the gate.
We suggest that the others named also be removed.
The guards know who the witnesses are. The
authorities and
public must also know.
The witnesses beg to take lie detector tests,
voice stress tests,
whatever it takes. But they beg your intervention
and
protection.
I urge you to intercede on their behalf.
WAKULLA CI
110 Melaleluca Drive,
Crawfordsville, Fl. 32327
Phone: 850 421 0777
Fax: 850 421 7667
wakullaci@...
*******************************************************
THE FOLLOWING PEOPLE HAVE WRITTEN STATEMENTS ABOUT
THE DAVIS
DEATH
Each of them urgently need protection that they
cannot get in a
north Florida prison.
FREDERRICK WALDON 482989
STILL AT WAKULLA
DONALD WADE 051938
STILL AT WAKULLA
RICHARD WILLIAMS L35531
STILL AT WAKULLA
MICHAEL EVANS 109410
WAKULLA CI CONFINEMENT
Although - 0 DRs WRITTEN
HARASSED BY AGERTON
*************************************************
THE FOLLOWING PEOPLE WERE IN CELLS AROUND #2117
AT THE TIME OF THE DAVIS DEATH
MICHAEL JOHNSON 862542
TRANSFERRED TO TALLAHASSEE ROAD PRISON
"Community" 2628 Springhill Road,
Tallahassee, Fl.32310
850-488-8340 or 850-488-5830
Sent Letter - No Answer
ANDREW SENNOTT 345684
STILL AT WAKULLA
On Close Management
ROBERT STEBBINS 799748
STILL AT WAKULLA
Medium Custody
DANNY HIDALGO Q03954
STILL AT WAKULLA
Medium Custody
GARY U RHYMES JR. 312352
TRANSFERRED TO TAYLOR CI on CMIII
8515 Hampton Springs Road,
Perry, Fl. 32348
PHONE: 850-838-4000
FAX: 850-838-4024
Sent Letter - No Answer
ROBERT DENSON 387320
TRANSFERRED TO JEFFERSON CI on CM
Rural Route 1, Box 225,
Monticello, Fl. 32344
PHONE: 850-997-l987
FAX: 850-997-0973
Sent Letter - No answer
ANONYMOUS XXX WILL NOT NAME THIS INMATE
UNLESS WAKULLA SITUATION WORSENS
*********************************************
Point of interest: There are now two chaplains at
Wakulla CI:
Chaplain Hope and Chaplain Pope
Chaplain Pope is new, but Chaplain Hope has been
around Wakulla
for a time.
He is the one who notified the family and offered
the DOC to bury
the body.
He must have heard rumors, a remark here or there,
that would let
him know
something is really wrong with the guards at
Wakulla CI.
Did he know nothing about the last 10 days of
Archie Davis' life?
*************************************************
PEOPLE WHO HAVE BEEN TOLD OF THE MURDER
AND THE NEED FOR WITNESS PROTECTION
APRIL 2, 2002: Today each of the following
legislators
were told that a number of inmates needed
protection
because of an incident that happened at Wakulla CI
in January:
DEBBIE WASSERMAN STATE SENATOR APRIL 2, 2002
CONNIE MACK STATE REP APRIL 2, 2002
MATT MEADOWS STATE REP APRIL 2, 2002
ELEASNOR SOBLE STATE REP APRIL 2, 2002
*************************************************
EACH OF THE FOLLOWING WERE NOTIFIED
NEW YORK TIMES
MARCH 29, 2002 Registered Letter
MIAMI HERALD
APRIL 2, 2002
JEB BUSH GOVERNOR
MARCH 29, 2002 Registered Letter
FBI DIRECTOR
MARCH 29, 2002
*************************************************
APRIL 3, 2002 - SENT TO 32,000 PEOPLE VIA EMAIL,
INCLUDING DOC.
PACKAGES ARE GOING OUT TO THE SAME 26 AGENCIES THAT
RECEIVED:
THE CITIZEN'S COMPLAINT
http://www.angelfire.com/fl4/fci/FBImain.html
and/or FLORIDA OVERVIEW
http://www.angelfire.com/fl4/prison/overview.html
*********************
ANY BONA FIDE MEDIA OR INVESTIGATOR MAY
REQUEST THE SAME PACKAGE FROM
BRENDA STEWARD hotstew@...
KAY LEE kaylee@...
OR RICHARD KORN wyvern@...
***********************
There may be criminals wearing state uniforms,
Gov. Bush.
We trust that you will conduct yourself
accordingly.
Kay Lee, MTWT
Pacific Institute of Criminal Justice
(Offices of Dr. Richard Korn, Ph.D.)
1868 San Juan Avenue
Berkeley, CA 94707
510-528-4603
kaylee1@...
Making The Walls Transparent
http://www.angelfire.com/fl3/starke
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE
BUTERA v. COTTEY, No. 01-2242 (7th Cir. April
04, 2002)
Because plaintiff failed to show that sheriff
had actual notice of a
substantial risk of harm to him, or that prior
to the date he was
sexually assaulted, any incident of sexual
assault took place in the
cellblock to which he was assigned, and
because the sheriff
implemented precautionary measures to prevent
detainee violence,
evidence failed to establish sheriff's
deliberate indifference, and
plaintiff's due process claim rejected.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/7th/012242.html
April 4, 2002
National: Illinois's Longest-Serving Inmate's New
Hope of Freedom
NYT
By JODI WILGOREN
William Heirens has spent the last five decades
behind bars and is hoping to be freed in the
latest of more than 50 parole hearings.
Full Story:
http://www.nytimes.com/2002/04/04/national/04INMA.html?tntemail0
From: radtimes <resist@...>
Subject: [PRISONACT] Behind bars
Behind bars
http://www.canada.com/search/site/story.asp?id=CEF6A61B-9487-4804-
88BA-3E2A3FDF663F
Saturday, March 16, 2002
Dan Gardner
The case against an American style justice system;
Across the world,
politicians have heard that the U.S. has found the
solution to crime, but
the American illusion of safety through punishment
has been bought at an
awful expense.
While Americans overwhelmingly credit their
get-tough approach with reducing
crime, most criminologists believe tougher laws
did little to make the
streets safer. Punishment is simply not an
effective way to cut crime.
- - -
One evening last spring I took a walk on the
famous streets of San
Francisco, looking for a little solace. It had
been an exhausting week of
travel and research -- not just physically
exhausting, but morally.
A day's drive north of San Francisco, I had toured
Pelican Bay state prison,
one of the new breed of "supermax" lockups --
tiny, alien worlds where
prisoners spend virtually every waking moment in
concrete cells, stripped of
almost all human contact, as days, weeks, months
and years creep by.
I had spoken with a retired police officer who
argued that all prisoners
should be locked in solitary and joked about
preventing escape by outfitting
inmates with explosive neck-collars.
I turned on the television to see a congressman
attack the sentence of a
13-year-old boy convicted of second-degree murder
-- life with no chance of
parole for several decades -- as unacceptably soft.
I walked the dark steel ranges of San Quentin
prison and met a man sentenced
to life under the state's "three-strikes" law for
possessing a single rock
of crack cocaine.
These raw realities were numbing to witness. Worse
was what they said about
the culture that created them. This was a culture
that understands only an
innocent "us" and a predatory "them," a culture
obsessed with the infliction
of punishment, a culture in which videotapes of
police officers beating
suspects into submission had become highly rated
television entertainment.
But San Francisco was a relief. In that beautiful
city of light and colour,
the punishing reality seemed far off, at least if
you forget that San
Quentin is just a few kilometres away. So I walked
and tried to forget.
And as I walked, three different street dealers
offered to sell me crack.
- - -
Roughly 20 to 25 years ago, the United States
embraced a package of harsh
criminal justice policies often marketed under the
slogan "tough on crime."
The idea is simple: Putting more criminals in
harsher prisons, and keeping
them there longer, will remove the bad guys from
the streets and deter
others from getting involved in crime. Punishment
is the key to crime
control, in this philosophy. If punishment is
light, crime goes up. If it is
tough, crime goes down.
It's not a new idea. In the modern era, the first
state to create a
tough-on-crime justice system was the Soviet Union
under Joseph Stalin. As a
result, from Stalin's time until the fall of
Communism, the U.S.S.R. had by
far the world's highest rate of imprisonment.
Today's Russia inherited the
Soviet Union's swollen prisons, but it recently
ceased to be the world's top
jailer. That honour now goes to the United States
of America.
In another age, the American public would have
been bothered by the
knowledge that the United States puts more of its
people behind bars than
Russia. Not today. Since the early 1990s, crime in
the United States has
dropped precipitously. For the great majority of
Americans, the conclusion
is obvious: The country got tough on crime and the
streets became safer. The
hardline approach worked.
Inevitably, that conclusion did not stay within
American borders. American
cultural exports consist of more than just
Hollywood and Coca-Cola. Public
policies are also sold internationally, and few
fields of American public
policy have been exported more successfully than
criminal justice.
Across the western world, politicians have heard
that the United States has
found the solution to crime. They have also
learned from American experience
that crime can be the perfect political tool.
Motivated by both principle
and self-interest, many have begun pushing their
nations to adopt American
justice policies. In no country is this truer than
Canada.
The government of Ontario's approach to crime is a
virtual duplicate of the
American model. So is the crime platform of the
Canadian Alliance. Even the
language many Canadian politicians use when they
talk about crime -- "zero
tolerance," "truth in sentencing," "adult time for
adult crime" -- was
invented by American politicians to sell American
reforms.
We should be concerned. While it's true that
Americans overwhelmingly credit
the get-tough approach with reducing crime, the
few who disagree include the
experts who actually study crime: Most
criminologists believe tougher laws
did little to make the streets safer. Punishment
is simply not an effective
way to cut crime. Even something as draconian as,
say, sentencing a man to
life in San Quentin for possession of crack won't
stop crack dealers from
popping up on street corners.
Worse, the American illusion of safety through
punishment has been bought at
awful expense. Part of that cost lies in the
billions of dollars spent
building and staffing prisons. But payment also
comes in more intimate and
insidious forms. A nation cannot sweep up and
imprison vast numbers of
people without inflicting manifold harms on
families, neighbourhoods and
communities. And who can quantify the costs paid
in lost liberty, as freedom
is seized in the search for a mirage?
This series will explore crime and punishment in
four countries: Canada, the
United States, Russia and Finland.
In Russia, the prisons are jammed, filthy and rife
with disease and
violence. This is the legacy of Stalin's get-tough
policies, a legacy modern
Russia is struggling to leave behind.
In the United States, justice policies remarkably
similar to Stalin's have
produced the greatest incarceration boom since the
Soviet tyrant's death.
American wealth has allowed the U.S. to deal
better with its nation behind
bars, but still, the damage inflicted on both
sides of the prison gate is
terrible.
In Finland can be found the alternative -- and
proof that harsh punishment
does not reduce crime. About 30 years ago, Finland
began a wholesale
revolution in criminal justice, moving from a
tough, Russian-style system to
the western European model in which punishment is
not the focus of crime
control and prison is used as sparingly as
possible. If there was anything
to the tough-on-crime philosophy, that shift
should have caused crime to
soar. It didn't.
Canada, as usual, is suspended somewhere in the
mid-Atlantic, halfway
between the American model and the Western
European. We imprison more
offenders than western European countries, but far
fewer than the United
States. Some of the sentences we hand out are
similar to western European
norms, but some, especially for the worst crimes,
are in line with American
norms. Some of our prisons look and operate like
Western Europe's while
others are in the American mould.
The root of these contradictions is a fundamental
clash of visions. Whether
we recognize it or not, that clash can be found in
just about all criminal
justice controversies. Parole, young offenders,
"Club Fed," mandatory
minimum sentences, boot camps, sentence lengths:
When we debate these and
other issues, we are really making a choice
between two visions of crime and
punishment. Slowly and steadily, we are choosing
between the western
European and American models.
Unfortunately, the debates are never framed that
way. Instead, we focus on
one small aspect of criminal justice, wrench it
out of context, and make a
decision about it that ignores the wider
implications.
Consider the protest by family members of murder
victims upset that
convicted murderers were sometimes being sent to
lower-security prisons
early in their sentences. The families, and some
politicians, were furious.
When the issue got media attention, the solicitor
general immediately
announced that offenders serving life sentences
would have to spend at least
two years in maximum security. The families and
the police were satisfied
and that was the end of it.
But as we will see in this series, the original
policy was in line with the
western European model, while the new policy is
very American. It is also
likely that the new policy is illegal because it
violates a federal law
aligned with the western European philosophy.
So which is the right way to go? To give a full
answer to that, you have to
first see that more is at stake than just this one
issue. One policy follows
Western European justice principles; the other
takes the American lead. In
choosing the one that follows the American lead,
we tacitly accepted key
American principles of crime and punishment and
put in place an important
precedent that could well affect future policies.
We nudged the whole
criminal justice system a little more in the
American direction. Did anyone
consider that? Not at all. There was no discussion
of the underlying
principles involved. Even the fact that the new
policy probably violates
federal law was never mentioned. There was simply
a blur of emotions,
headlines and announcements. And then it was on to
the next controversy.
That's why criminal justice issues have to be put
in a broad context. What
we decide about parole affects the whole criminal
justice system. The same
for young offenders, "Club Feds," and the rest of
the hot- button issues. In
each case, we are choosing between the western
European and American
criminal justice philosophies. It's happening
whether we realize it or not.
Do we want an American criminal justice system?
That's the fundamental
question. And each time we deal with issues like
sentence lengths and prison
conditions, we go some distance to answering it.
- - -
If it seems impossible that Canada would ever
become as punitive as the
United States, consider California. Just 25 years
ago, that state had one of
the most liberal justice systems in the United
States, a system that was, in
some ways, far more liberal than Canada's is
today. Now it has one of the
toughest. California's Democratic governor
supports the death penalty and
has boasted that no lifer will ever be released
while he's in power. The
most powerful political lobby is the prison
guards' union. The phrase "zero
tolerance" was invented in California. It is home
to one of the harshest new
prisons on the planet, Pelican Bay State Prison.
It is a state with prisons
the size of towns, a place where a man was
sentenced to life for stealing a
slice of pizza.
And all of this has the overwhelming support of
the people of California --
the same people that, just a few decades,
supported a liberal criminal
justice system.
In 1910, an earnest young prison reformer
declared: "The mood and temper of
the public in regard to the treatment of crime and
criminals is one of the
most unfailing tests of the civilization of any
country." That reformer was
Winston Churchill.
I thought of Churchill's maxim while touring
Pelican Bay. At the
checkpoints, guards sell an array of souvenirs
that puts to shame many a
museum gift shop. There are ballcaps, pens, mugs,
cups and T-shirts in
assorted varieties. "Pelican Bay Bed and
Breakfast," one of the T- shirts is
emblazoned: "The Hard Time Inn."
There's no question about the mood and temper of
the American public in
regard to the treatment of crime and criminals.
The only question is whether
we feel the same way.
The Western Prison Project is pleased to announce...
Third Regional Conference for Criminal Justice Reform
April 20-21, Salt Lake City, Utah
Building on the success of previous conferences, we are inviting
criminal justice reform activists from across our region (OR, WA, UT,
NV, ID, MT and WY) to gather in Salt Lake City, Utah. The conference
will include numerous opportunities to share information with other
grassroots criminal justice reform activists in formal and informal
settings. Connect with other activists, brag about your successes,
lament your defeats with a group of your peers --- people who
understand what you are talking about. This is a chance to recharge,
learn, and build our collective strength.
Regional Activist Conference -- Saturday April 20, 9AM to 4PM,
Jubilee Center
The day will begin with State Activism Updates-- we'll learn about
each others struggles and victories, share strategies and tactics.
Come prepared with materials, and a brief description of your group's
work this last year.
In the afternoon, we are pleased to present Laura Sager from Families
Against Mandatory Minimums, who will conduct a 3 hour Community
Action Network Training. We'll cover how to more effectively mobilize
our members, pinpoint and recruit allies, and work the media to move
our issues onto the table and push for the reforms that we want.
Laura has presented this training all over the country, and has been
working in social justice movements for the last 25 years. She is a
nationally recognized leader in mobilizing grassroots support for
criminal justice reform.
Community Film Screening -- Saturday April 20, 7 PM Orson Spencer
Hall on University of Utah Campus
We will be screening two recent films on the need for prison reform.
Corrections looks at the roots of prison privatization, from the
old "convict leasing system" to the modern "entrepreneurs" who are
shaping the "Crime and Punishment" debate across the country. New
Orleans Jazz Funeral examines an action carried out by family members
and others working to shut down the infamous Tallulah Facility in
Louisiana, which has been the target of critics for years because of
the abuse and neglect of the youth incarcerated there. Following the
films, Ashley Hunt, the films' director, along with Brigette Sarabi,
Director of the Western Prison Project, will be available for
discussion of the films and the latest developments in this arena on
the national level.
WCJRC Business Meeting -- Sunday April 21, 10 AM to 2 PM Jubilee
Center
The Western Criminal Justice Reform Coalition (WCJRC or Regional
Coalition) will meet to discuss setting up Coalition communication,
an Executive Committee, and what our options are for a winnable joint
action in 2002. This meeting is only open to WCJRC members. If you
are not a member, contact us at the Western Prison Project and we can
explain the steps to becoming a member, and get you the information
you need for your group to decide if you wish to join.
All Those Pesky Details
We have a conference brochure available for folks who do not have
email. if you know someone who may be interested and doesn't have
email, contact us and we can drop it in the mail.
The fee for Saturday is $10 per individual from WCJRC member groups,
$20 per person for individuals not connected with a member group.
There is no fee for the Film Screenings or for the WCJRC meeting.
There are some travel scholarships available, priority will be given
to WCJRC member groups. If you have questions about travel to Salt
Lake, we may be able to help. Contact us.
We have some information about low cost lodging and some community
housing available. Please let us know when you register if you will
need community housing.
Registration forms are available by mail (or email on request). We
need a registration form for each person who plans to come so that we
can plan meals and materials correctly. Please register by April 10,
if possible.
If you have any questions, please contact us at the Western Prison
Project. All contact info is below.
Hope to see you in Salt Lake!
Kathleen
Kathleen Pequeño
Western Prison Project
PO Box 40085 Portland, OR 97240
(503) 335-8449 fax (503) 232-1922
kathleen@...http://www.westernprisonproject.org
ADMINISTRATIVE LAW, CIVIL PROCEDURE, CIVIL RIGHTS
RAY v. KERTES, No. 99-3446 (3d Cir. April 03,
2002)
The exhaustion requirement in section 1997e(a)
of the Prison
Litigation Reform Act of 1996 is an
affirmative defense, to be
pleaded by the defendant; the District Court
erred in dismissing
complaint sua sponte for failure to meet
heightened pleading
requirement it imposed, because failure to
exhaust is not one of the
four bases for sua sponte dismissal under
section 1997e(c).
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/3rd/993446.html
From: Katherine Norgard <k.norgard@...>
Date: Wed Apr 3 05:48:52 2002
Subject: invite your pro-death penalty friends to watch a Frontline
television program april 11 on innocence and the death penalty
----------------------------------------------------------------------
----------On Thursday, April 11, 2002, Frontline will
broadcast the documentary,
"Requiem for Frank Lee Smith." This film
investigates the case of a man
who spent fourteen years on Florida's death row,
but died of cancer just
months before being exonerated by DNA evidence.
The program will air at 9 p.m. on PBS. For more
information on the
program, visit Frontline's Web site.
http://www.pbs.org/wgbh/pages/frontline/shows/smith/
This program investigates the case of a man who
spent 14 years on Florida's death row, but died of
cancer just months
before being exonerated by DNA evidence. The
program will air at 9 p.m.
EDT on PBS. The following is from Frontline's
website:
In December 2000, after spending 14 years on
Florida's Death
Row, Frank Lee Smith was finally cleared of the
rape and murder of
8-year-old Shandra Whitehead.
Like nearly 100 prisoners before him, Smith's
exoneration came as a
result of sophisticated DNA testing unavailable
when he was first
convicted. But for Frank Lee Smith, the good news
came too late: Ten
months before he was proven innocent, Smith died
of cancer in prison,
just steps away from Florida's electric chair.
How did Frank Lee Smith end up on Death Row for a
crime he didn't
commit? And why was he allowed to die there
despite possible evidence of
his innocence? Award-winning producer Ofra Bikel
explores these and
other questions in FRONTLINE's "Requiem for Frank
Lee Smith," airing
Thursday, April 11, at 9 P.M. on PBS (check local
listings).
"I can understand how innocent people can end up
in prison for
something they did not do," says Bikel, whose
documentary "A Case for
Innocence" led to the exoneration and release of
three longtime
inmates
as a result of DNA testing. "What I cannot
understand--and what drives
me crazy--is how people in prison, sometimes on
Death Row, cannot get
out even when they are innocent."
Bikel was recently credited with winning freedom
and a new trial for
21-year-old Terence Garner, when her FRONTLINE
film "An Ordinary Crime"
presented strong evidence of Garner's innocence in
a 1997 shooting and
robbery for which he'd been sentenced to more than
thirty years in
prison. "I'm thrilled about Terence," she says,
"but I can't help
thinking of all the other Terences out there about
whom I didn't make
documentaries."
In the case of Frank Lee Smith, there were no
eyewitnesses to the
murder of Shandra Whitehead--just her mother's
glimpse of a man's
shoulders as he fled the family's Fort Lauderdale
home that night in
April 1985. What's more, there was no physical
evidence to tie Frank
LeeSmith to the crime.
What prosecutors did have were reports from two
people--Chiquita
Lowe and Gerald Davis, both 19--each of whom
reported spotting a
scraggly-haired, delirious black man with a droopy
eye in the
neighborhood at the time of the crime. Not long
after the two teens
helped police develop a composite sketch of the
man they saw, Lowe's
family excitedly told her that the man in the
sketch was standing
outside their home, trying to sell them a
television set. They urged
herto call the police.
The man outside Lowe's house was Frank Lee Smith,
38, a former
convict out on parole after serving fifteen years
in jail for
manslaughter and a murder committed while he was a
teenager. Based upon
Lowe's identification, Smith was arrested and
charged with Whitehead's
murder.
Lowe was to be the star witness at Smith's trial,
but she began to
have doubts. "When I went into the courtroom and
seen [Smith], he was
too skinny, too tall, and he did not have the
droopy eye," she tells
FRONTLINE.
Despite her misgivings, Lowe confirmed her
identification of Smith
at the trial. "I was pressured by my family,
people that's in my
neighborhood, and the police officer," she says.
"They kept telling me
that I'm the only one that seen that man that
night."
Based mainly upon Lowe's testimony, Smith was
convicted and
sentenced to death.
But shortly after the state scheduled Smith's
execution in 1989,
defense team investigator Jeff Walsh came across
the name of Eddie Lee
Mosley, a suspect in a number of rapes and murders
of young black women
that had occurred in Shandra Whitehead's
neighborhood.
Mosley was well-known to local law enforcement. In
fact, two local
police officers had begun to detect a pattern
between local murders and
Mosley's release from prison or mental hospitals.
"When [Mosley is]
incarcerated there are no unsolved rape/murders of
black females in
northwest Fort Lauderdale," police officer Kevin
Allen tells
FRONTLINE."Immediately upon his release or within
30 days, we find a black
female [murdered] at the rate of one a month until
he is incarcerated
again. And that history...repeated itself
consistently...."
At the time of Shandra Whitehead's murder, Walsh
learned, Mosley was
back on the streets. He was also acquainted with
the victim: Shandra's
mother was his cousin. But even more striking was
his mug shot: Mosley
bore an uncanny resemblance to the police sketch
of the suspect--droopy
eye and all.
When Walsh showed Mosley's photo to Chiquita Lowe,
she says she
immediately recognized the man she saw the night
of the murder.
"I seen the man like I seen him yesterday," she
tells FRONTLINE. "I
seen the droopy eye, I see the look on his face
and it just shook me
up."
She was also stricken with remorse for implicating
Frank Lee Smith.
"This is an innocent person that been to jail,"
she says. "This man did
not do this, and I feel so bad, so guilty, so
ashamed."
Armed with Lowe's sworn affidavit attesting to her
incorrect
identification, Smith's defense attorneys were
optimistic as they went
into an evidentiary hearing before the Florida
Supreme Court. But the
optimism was short lived. In "Frank Lee Smith,"
FRONTLINE explores
allegations that the Florida authorities attempted
to discredit Lowe's
new testimony by claiming to have shown her
Mosley's photo at the time
of the murder.
Despite having previously testified that Lowe had
been shown two
lineups, lead Detective Richard Scheff--who was
nominated for Deputy of
the Month for solving the Whitehead case--now
testified that there had
been a third lineup that included Mosley. Lowe did
not identify Mosley
at that time, Scheff testified.
Based on Det. Scheff's testimony regarding the
third lineup--and
Lowe's somewhat halting testimony--the court
denied Smith's motion for a
new trial. Smith would wait seven years for
another hearing.
FRONTLINE follows Smith's story through several
motions requesting
DNA testing, all of which were ultimately denied
by the state. The
authorities would eventually test Smith's DNA
posthumously after Eddie
Lee Mosley was linked through DNA tests to two
other murders for which
an innocent man had been convicted.
The results of the belated DNA tests--which
confirmed that Shandra
Whitehead had been raped and murdered by Eddie Lee
Mosley--were of
little comfort to Chiquita Lowe. "I didn't get a
chance to even ask him
is he upset with me, and that's something that's
really just inside of
me, just tearing me apart," she tells FRONTLINE.
"If it wasn't for me,
he wouldn't have to go through all that torture
and torment...I feel
that it's my fault."
Defense investigator Walsh tells FRONTLINE that
the last time he
visited Smith in prison, his client was
essentially naked and chained to
a hospital gurney. Smith was dehydrated, Walsh
says, and looked as
though he were starving. "It just goes back to the
truth of the matter,"
Walsh says. "[The authorities] just didn't care
about him as a human
being at all."
Following the broadcast, visit FRONTLINE's Web
site at
http://www.pbs.org/frontline for more on this report,
including:
An interview with producer Ofra Bikel on the
background to her
investigation of this case; Excerpts from a recent
landmark 2002 study on
America's death penalty
system, including a section of this national
report which cites the
Frank Lee Smith case;
More details on Frank Lee Smith's life prior to
being falsely
convictedof Shandra Whitehead's murder; Ofra
Bikel's interviews with some
of the key people involved in thisstory.
"Requiem for Frank Lee Smith" is a FRONTLINE
co-production with Ofra
Bikel Productions. The producer is Ofra Bikel. The
editor is Karen
Sim.
The associate producer is Ross Tuttle.
FRONTLINE is produced by WGBH Boston and is
broadcast nationwide on
PBS.
-------------------------------
Katherine Norgard, Ph.D.
520-325-2727
"Never doubt that a small group of thoughtful,
committed citizens can
change the world; indeed, it's the only thing that
ever does." Margaret
Mead
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