And now:Ish <[EMAIL PROTECTED]> writes: >From: [EMAIL PROTECTED] >Date: Wed, 23 Dec 1998 10:52:04 EST >To: [EMAIL PROTECTED] >Subject: NASC: P2: Timothy Little Rock Reed Freed >X-Mailer: AOL 3.0 16-bit for Windows sub 85 > ><><><><><><><>NASC NEWS<><><><><><><> > <A HREF="http://members.aol.com/BNiford1/index.html">NASC NEWS REPORT Page ></A> >http://members.aol.com/BNiford1/index.html > <A HREF="http://members.aol.com/nascswan/NASC.html">NASC Help - Table of >Contents</A> >http://members.aol.com/nascswan/NASC.html ><><><><><><><>NASC NEWS<><><><><><><> > <A HREF="aol://2719:2-2-NA%20Story%20Circle">NA Story Circle</A> Nightly at 8 >pm EST >FREE LEONARD PELTIER!! ><><><><><><><>NASC NEWS<><><><><><><> > >For example, two cell mates who did not want to cell with each other >made it known to Tate and his administration that they did not want to >live in the same cell with each other. They repeatedly requested to be >separated from each other and one of them, Charlie, expressly told his >unit manager that if they could not be separated, there would be >violence. The unit manager, as per Tate's policy, responded that nothing >less than violence would result in their being separated. Charlie was >informed that the only other alternative was to be placed in >administrative segregation (solitary confinement) for one or two years, >which is equivalent to what would happen if he killed another prisoner. >Charlie was doing life and he refused to do it in a cage with someone he >could not tolerate. Since his repeated requests for a separation were >denied, he stabbed his cell mate 42 times, cutting him so badly that the >officials found one of his eye balls on the floor under his bunk the day >after they carried his shredded body out to the morgue. I remember being >woken by the screams for help. Everyone in my cell block remembers. And >those of us who weren't absolutely insane remember how we all lived in >fear that Tate would force us all into such a situation. >Tate refused to comply with common sense or experience. The entire time >I was in Lucasville prior to Tate's administration, at least 33% of the >prison cells were racially integrated on a volunteer basis. >When Tate took over, he expected to maintain the 33% quota that he >thought was a constitutional requirement (his "interpretation" of >federal case law prohibiting racial segregation). However, with >"Operation Shakedown" came a policy of prohibiting prisoners from >ceIling with each other if they requested it. Tate intended to fill his >quota with blacks and whites who hated each other. His oppressive >policies and practices were bound to cause an explosion sooner or later, >and he wanted the explosion to be between the whites and blacks, rather >than the prisoners and his administration. >The forced-integrated ceIling policy was creating violence. Those of us >in my cell block got word of various "isolated incidents" in other cell >blocks in which prisoners were being assaulted by other prisoners when >they were forced into the same cells. And then, one day an incident >occurred in my cell block that would provide me with the opportunity to >file a federal civil rights lawsuit on behalf of the Lucasville prison >population in an effort to force Tate to put an end to some of his >insane policies. >In accordance with Tate's policy, an 18-year-old black kid, William, who >weighed no more than 125 pounds, just arrived at Lucasvllle. He was >ordered into the cell of a confirmed member of the Aryan Brotherhood who >had expressed to Tate's administ ration that if they dared place a >"nigger" in his cell, he would kill him.4 The little black guy, William, >was terrified. He was brand new to the prison system and didn't know >what to do when the white man stepped out of the cell and loudly >proclaimed: "If you step into my cell, nigger, you're gonna die!" >William stopped in his tracks, turned to face the guards who were >escorting him, and pleaded for help. The white guards made it very clear >to William, and to the several dozen witnesses including me, that >William was going to have to fight for his life on that day. If he >didn't step into the white man's cell, he would have to deal with them. >And even newcomers know: you can't beat the guards. They'll handcuff, >shackle and beat you with their sticks, half a dozen at a time, if they >want to, and there's not a damned thing you can do about it. William >hesitatingly walked into the white man's cell when it was clear he had >no choice. >Before William got his second leg into the cell, he was hammered in the >face with a pad lock that the white man concealed inside a sock. William >instantly turned running down the cell block calling out for help. He >was ultimately placed in the hole and charged with the offense of >failure to obey a direct order because he ran from the cell. >When he returned to the cell block a couple of days later, I met with >him in the day room and he agreed to let me file a federal civil rights >lawsuit on his behalf, as it would benefit all the prisoners and perhaps >put an end to Tate's insane policy. >My lawsuit included affidavits from dozens of prisoners asking for a >restraining order or injunction forbidding the forced integrated celling >policy as it was creating violence and would result In a riot if we >didn't obtain the injunction I also included a survey of the general >prison population which indicated that every prisoner was living in a >state of fear due to Tate's insane policy, and that we all knew there >would be a riot if the court refused to intervene. I also included the >affidavits of two criminologists whose opinions were that Tate's policy >was insane and that the only logical result would be a bunch of >'isolated incidents" or a riot. >Unfortunately, the court ignored our pleas for intervention, as did the >governor, the prison director, the chief inspector of the prison system, >and everyone else with the authority to intervene. The prisoners had >exhausted every possible non-violent remedy available to us, and the >only alternative remaining was a riot. >When I was released from prison, I assured my comrades inside Lucasville >that I would do my very best to make the public aware of Tate's insane >policies and the impending riot. I kept my promise, and was even ordered >by my parole officer to stop speaking and writing about the prison >system in Ohio or my parole would be revoked. However, no one would >listen to what I had to say about the riot. The result? On Easter Sunday >1993, the longest prison uprising in the history of the United States >was initiated at Lucasville. Fortunately, only eleven people were >killed, but 43 were seriously injured, and Tate's administration saw to >it that prisoners like me - those who are outspoken and articulate - >were convicted as "ring leaders" and now sit on death row, awaiting >their execution. >In my opinion, Athur Tate and his administration were principally >responsible for the riot and should be held accountable. Under Ohio law, >Tate should rightfully be tried on no less than 11 counts of involuntary >manslaughter, 43 counts of assault, conspiracy to commit murder in the >case of William and others who were forced into cells with people Tate >believed would kill or assault them, and inciting the riot. But Tate has >never been held accountable, and neither have the other couple of >hundred prison wardens around the country who have implemented policies >and procedures modeled on Operation Shakedown. >The average citizen should ask himself or herself: What motive could >Tate have for inciting the riot and orchestrating violence at >Lucasville? If we exclude criminal insanity as a possibility, there is >only one logical explanation in my mind. The administration wanted more >funds from the legislature for prison operations. In fact, prior to the >riot, Tate had suggested in a letter to the Ohio prison director that >the Ohio legislature denied the Department of Corrections' request for a >new maximum-security prison because Lucasville was sufficient for the >state's needs. From Tate's perspective, the riot proved that Lucasville >did not serve the state's needs. The legislature agreed. Not long after >the riot, it appropriated $86,000,000 for the construction of a new >maximum security prison in Ohio. >Prisons are big business, for sure. In fact, prisons in the United >States are the largest growth industry on the planet, and if it is to >grow in accordance with the desires of the Arthur Tates of this country, >violence is a necessity. I think the citizens of this country should >really consider that. >In my opinion, the Lucasville prisoners should be commended for >maintaining nonviolence for as long as they did under such intolerable >circumstances. Contrary to Hollywood's and the mainstream media's >portrayal of prisoners, prisoners do not want violence. I think the >actions of the Lucasville prisoner population for the three years of >brutality preceding the riot confirm this point. They made every effort >to resolve their legitimate grievances nonviolently, but received >nothing but brutality in response (in fact, collective complaints by >prisoners are prohibited in Lucasville and every other prison I know of >in the United States; my comrade, John Perotti, who was just returned to >Lucasville for his speech activities, can provide any interested persons >with overwhelming documentation of how the prison officials retaliate >against those of us who advocate for humane conditions inside the walls. >John and others have spent many years in solitary confinement solely and >expressly for getting prisoners to sign petitions in nonviolent efforts >to get the administration to address their legitimate complaints in a >good faith manner; as a result, most prisoners are scared to sign their >names to petitions asking for better treatment). They resorted to >violence only after the governor, the courts, the prison warden, the >prison director, and the grievance inspector made absolutely clear that >there was no alternative but violence. And when the prisoners finally >took Over the prison, what was there simple demand? "Let us see the >medial" That's all they were asking for, because nobody else would >listen to them. When I got on ABC during the uprising, I told the world >that the prisoners would carry out their threat to kill the first >hostage by noon the following day if they were still denied access to >the media. The world wouldn't listen (perhaps it craved another >killing). Meanwhile, Tate and his cohorts knew the prisoners would kill >a guard at noon if they were not given access to the media. Tate and his >cohorts intended for the guard hostage to be killed so that they could >say to the public, "See? We told you the Lucasville prisoners are a >bunch of animals and we need more money!" >If Tate were held accountable under the same laws as other citizens, he >would be on death row today for the premeditated murder of that prison >guard. He is the one responsible. He was given the choice of letting the >prisoners talk to the media, or killing the guard. It is Tate, the >director and the governor who made the choice to let the guard die. They >are each responsible. They are state-sanctioned murderers and nothing >more. >It is apparent that some Ohio officials would stand to benefit by having >Reed's criticisms silenced. In fact, it doesn't surprise me that Ohio >has utilized more resources in its pursuit of Reed than it has utilized >in the apprehension and extradition of anyone in U.S. history. However, >many state, county, city, and federal officials throughout the country >would benefit if Reed could be silenced. For example, in one of the most >well-orchestrated prisoners' rights projects ever, in his capacity as >vice-president of the Center for Advocacy of Human Rights, Reed >organized dozens of jailhouse lawyers and outside supporters from 43 >states to conduct a major investigation of the American Correctional >Association (ACA). In the final report, which was published in a >previous issue of the JPP5, the ACA was condemned as a fraud. The >largest accrediting agency of prisons, jails and juvenile facilities in >North America, it is apparently comprised of officials who merely >accredit themselves at taxpayers' expense, and is held accountable to no >one, as the report cogently demonstrates.6 >In addition to his First Amendment activities regarding the rights of >prisoners in general, Reed continued his advocacy for the religious >rights of Native American prisoners. Ohio's efforts to silence him have >not deterred him in the least. For example, in March 1998, he was >responsible for organizing some panels and the "Major Address" for the >annual conference of the national Academy of Criminal Justice Sciences. >According to Indian Country Today, there was a strong Native American >presence at the convention. Reed was there in his capacity as the >president of the National Center for American Indian Prisoners' Rights. >The "Major Address" began with a warm welcome by Milton Blue House, Vice >President of the Navajo Nation. Mr. Blue House thanked the ACJS members >for their interest in hearing from the Native American community on >concerns regarding the criminal justice system. He urged those in >attendance to give some consideration to the struggle for religious >freedom that many American Indians are faced with in the prisons of >North America. Mr. Blue House pointed out that the specific issues many >prison officials must deal with have already been addressed by many >prison officials including those in the New Mexico Department of >Corrections. > >He then introduced Little Rock Reed, pointing out that Reed has been >instrumental in the struggle for American Indian religious freedom in >the prisons of this country for many years. Reed began by calling on >Selo Black Crow, a traditional elder, to offer a prayer. Mr. Black Crow >asked God, in his Lakota language, to bless all the educators with >understanding of what the Native people were here to achieve. >Following the invocation, Reed made a compelling presentation urging the >ACJS to adopt a Resolution Regarding the Practice of Native American >Spiritual and Cultural Freedom within the Context of America's Prisons >and Jails. The resolution encourages all legislatures and prison >administrators to adopt legislation and policies modeled on those which >exist in the State of New Mexico regarding the practice of American >Indian religious freedom within the correctional context. It also >encourages prison officials who are in dispute about certain matters >relating to the subject to consult with Native spiritual leaders and prison >officials >from some of the states that have already dealt with these issues, such >as New Mexico, South Dakota and Nebraska. >Reed pointed out that in all the cases that have been litigated >regarding the practice of American Indian religious freedom in the >prisons throughout the country, the prison officials have asserted that >Native practices will pose a threat to security. The courts have >generally agreed with these speculative assertions. However, none of >those officials have ever substantiated their claims with any documented >evidence. Meanwhile, Reed asserts that states such as New Mexico have >allowed full-blown programs for the Native American prisoners with no >problems whatsoever. In fact, Native spiritual and cultural programming >has resulted in a reduction of recidivism and misconduct rates which >speak to the rehabilitative value of Native American practices, Reed >said. >Reed then introduced Jerry Mondragon (Taos/Laguna), the administrator of >Native American Affairs for the New Mexico Department of Corrections. >Mr. Mondragon discussed the history of the Native American programming in the >New Mexico Department of >Corrections, going back to the mid-70s when the first sweat lodge was >built in the maximum security Santa Fe Penitentiary. The spiritual >practices of the Native Americans incarcerated in New Mexico have been >protected for many years by the Native American Counseling Act, a law >which encourages the development of culturally relevant educational >programs, and which protects the free exercise of Native American >religion. There are many pueblos and tribes represented in New Mexico, >thus a wide variety of religious practices are accommodated. The wearing >of long hair by all Native American prisoners is permitted because the >state recognizes the spiritual significance of tribal hairstyles. Each >prison has a sweat lodge, and the prisoners are allowed access to >certain herbs and items deemed to be sacred, including ceremonial drums, >the sweat lodge, cedar, sage, sweet grass, corn pollen, corn husks, >tobacco, kinnikinnick, eagle feathers, headbands, and more. Moreover, >Native American spiritual leaders are treated with the same dignity and >respect afforded Christian chaplains. >Mr. Mondragon joined Reed in urging other states to look to New Mexico >as a model. Prison officials experienced with Native programs in their >prisons are familiar with virtually every conceivable concern that a >prison administrator should have when confronted with a Native American >religious request. In short, none of these practices that have been >maintained in the New Mexico Department of Corrections have caused any >problems with the smooth and efficient running of the prisons, and they >build morale and a sense of responsibility among Native American >prisoners. This is very important to the Native American population. >At the conclusion of the "Major Address," Gennaro Vito, president of the >ACJS, introduced Reed's resolution to the Academy and gave it his >absolute endorsement. Reed then chaired two panels that included >presentations by various Native American spiritual leaders, including >Lenny Foster, director of the Navajo Corrections Project and author of >New Mexico's Native American Counseling Act; Terry Knight (Ute), a sun >dance leader and road man for the Native American Church who has worked >with prisoners in the state of Colorado; Selo Black Crow (Lakota), >traditional elder who has gone into many prisons to pray with prisoners; >Alfreda Bear Track (Lower Brule), a spiritual advisor to women in the >Lakota way; and Donald Bear Track Sr. (Southern Cheyenne), a road man >and sundance leader whose teenage son was murdered by white men in a >hate crime. Mr. Bear Track feels strongly that his ceremonial ways have >kept him from becoming consumed with hatred at the loss, and he wants >all Native prisoners to have the same opportunity to heal through their >ceremonials. > >Other panelists included Robert Doyle and Peter D'Errico, lawyers >currently representing a class action on behalf of the Native American >prisoners incarcerated in the state of Massachusetts. The State keeps an >Indian word for its name, but refuses to allow Indians to pray in their >traditional ways, according to Doyle and D'Errico. But Massachusetts is >not alone in this respect. Many states, such as Texas, Ohio, Indiana, >Pennsylvania, New York, Alabama, Mississippi and others refuse to allow >Native American prisoners to practice their traditional religious >beliefs. In fact, according to Reed, many prisons will not allow a >Native spiritual leader to enter the walls, yet Christian volunteers are >able to enter virtually every prison and jail in the United States. >Additionally, many states require prisoners to cut their hair in >violation of their religious beliefs, >For example, all Native prisoners in California were ordered on January >1, 1998, to either cut their hair or receive extended prison terms and >solitary confinement, according to Reed. The California officials claim >that forced haircuts will build character and morale. Mr. Foster refers >to forced haircuts as "spiritual castration." 7 >Hal Pepinsky, a retired lawyer and tenured professor at Indiana >University with many books to his credit, including Criminology as >Peacemaking, told the story of how he became a key witness in the >extradition case of Little Rock Reed. Pepinsky testified that Reed's >parole officer, Ron Mitchell, assured him (Pepinsky) that the APA would >not comply with constitutional 2nd statutory requirements of due process >in Reed's parole revocation proceedings. Pepinsky told those at the >conference that, from a peacemaker's perspective, if we want prisons to >be safe, we must listen to what people like Reed have to say. > >Barry Wilford, a lawyer representing the Ohio Association of Criminal >Defense Lawyers (OACDL), made a presentation to the effect that, if Ohio >succeeds in its efforts against Reed, "it will be a dark day in this >country." He urged everyone to get involved in a letter-writing campaign >to the Ohio governor because he feels the Ohio governor is the only one >who can save Reed from a tortuous fate. >The last panelist to speak was Reed's wife, Leanna Brownlee-Reed >(Navajo). She hopes the power of their Native ceremonies will protect >Reed from the Ohio governor, and she calls on everyone for prayers and >support. She and her husband were blessed with a baby son, Jasper Cole, >last November. This ongoing extradition case and harassment have caused >them a lot of stress.8 Their combined stress has led to more than one >domestic explosion (yes, Little Rock is a real person). But they >continue to endure and to do their best to raise their son in a loving, >peaceful environment. They'll be glad when they can have peace and go on >with their lives. >One thing is certain in all this: Reed's free speech activities have >proven to be sound, legitimate and effective. To use the words of his >detractors, he is "well orchestrated."9 To be quite frank, if I were any >of the government officials that Reed has criticized in the course of >his free speech activities. I, too, would want him to be silent. >And What of the Future? > >It is difficult to predict what the Supreme Court will do.10 I >personally don't think that the high court will agree to hear Reed's >case, even though Udall has such broad official support in urging it to >do so. However, on the slight chance that they do hear the case, I must >admit that it could be bad news for Reed. The U.S. Supreme Court has >historically taken the position that fugitives' allegations of >mistreatment and constitutional violations in the demanding state must >be fought in the demanding state and not the asylum state - even in >cases earlier this century when black prisoners were being returned to >states where they would face lynch mobs. The court has cited the >supremacy of federal law over state rules. >While reviewing one extradition case, I made a startling discovery. As >Reed's attorney, it is my obligation to inform him of all the >possibilities in his case, no matter how negative. I called Reed to my >office and informed him that it's not unheard of for the Supreme Court >to at once grant certiorari and decide the case, per curium. Ordinarily, >if the high court decides to hear a case, the whole process of >briefings, oral arguments and decision can take one or two years, but >there have been instances of summary action by the court, particularly >in cases where the law is well defined and absolute (which the states >are arguing it is). I pointed to a case I found - an extradition case in >which the high court virtually instantly reversed asylum for the accused >and sent him back to prison in Georgia with stunning speed. Could this >happen to Reed? Could a single Supreme Court Justice decide Reed's fate >ex parte, with no briefing and no oral argument? >Reed has recently spoken to a member of the American Bar Association, >who was doing an interview with him for the June issue of the ABA >Journal, and he told Reed that a per curium decision is a very realistic >possibility. This prospect has created a level of apprehension in Reed >that he hasn't felt in a long time. As a result, it prompted him to make >the major decision to go underground. He knows that New Mexico and Ohio >are monitoring the Court to discover - they hope before Reed - whether >or not the Court has granted review, and, if so, whether they did so per >curium. Reed has no intention of giving them a head start. After all, >the next knock on his door could be the state and federal police. I >tried to talk Reed out of leaving. I think it's an extreme measure, but >I certainly understand Reed's concerns. Ohio has clearly demonstrated >that it will stop at nothing to bring Reed back. >And even if the high court refuses to hear the case, or grants >certiorari and rules in favor of Reed, he will still be confined to the >state of New Mexico. For this reason, he says that he intends to draw >international attention to his case by seeking and obtaining political >asylum in other countries. He recently commented to me, "Wouldn't it be >the most poetic justice for all American political prisoners if Nelson >Mandela grants me asylum in South Africa?" > >Notes: >1.Stevan Douglas Looney is an attorney and partner of Crider, Bingham & >Hurst, P.C. Albuquerque, New Mexico. He is representing Little Rock >Reed before the United States Supreme Court in State of New Mexico v. >Timothy "Little Rock" Reed, U.S. Supreme Court case no. 97-1217; the New >Mexico Supreme Court decision is reported at 124 N.M. 129, 947 P.2d86 >(1997). >2.Six weeks prior to his parole expiration date, Reed was falsely >charged with a misdemeanor of "terroristic threatening." He immediately >notified his parole officer, as per his parole requirements. Moreover, >the complainant, Steve Devoto and his wife, Dinah, admitted to the APA >prior to the issuance of the APA warrant for Reed, that the charge was >false. In fact, Mrs. Devoto testified that Reed's parole officer, Ron >Mitchell, told her that the highest-ranking officials of the APA and >Ohio Department of Corrections intended to use the false charge to get >Reed back in prison because they were fed up with his speech activities. >3.This statement is similar to an interview he gave ABC during the >actual riot. An extremely edited version was aired across the country >at a time when the Ohio officials were telling the media that to ensure >the safety of the media, the media could not have access to the >prisoners. The Ohio officials later admitted to the Columbus Dispatch > that they were quite agitated that Reed, a "fugitive from justice," had >appeared on national television to speak about the riot. >4.Reed will not identify the white man, as it was all a matter of >privacy from the very beginning as far as he was concerned. >Nevertheless, Reed says he is sure that Tate took the man's threats >seriously, as he was already serving two consecutive life sentences for >murder. >5."The American Correctional Association: A Conspiracy of Silence," by >Little Rock Reed and Ivan Denisovich, Journal of Prisoners on Prisons, >vol. 6, no. 2 (1995). >6.Reed says that the president of the ACA threatened to sue Reed if the >report was ever published. However, Reed has never been sued for libel >or slander. He contends that this is because if any government >official ever tried to sue him, it will enable Reed to prove his >allegations to a jury -- and that is what his detractors do not want. >7.Most states justify the forced cutting of hair on the assertion that >prisoners can hide contraband in their hair; however a survey conducted >by the Native American Prisoners' Rehabilitation Research Project, which >Reed directed from 1986 until 1993, indicates that, according to the >prison officials of the United States and Canada, there has never been a >documented instance in which contraband was found in a prisoner's hair. >8.In fact, Reed was detained without access to a court in the >Albuquerque city jail for 30 days on the instructions of Udall's >office. This was while the New Mexico Supreme Court was deciding his >case. During this admittedly unlawful detention, Leanna suffered a >miscarriage because of the stress. They have both suffered post >traumatic stress as a result of this untoward action against them, and, >understandably, they both live in a state of apprehension, unable to >trust the government to do what is right or to comply with the law. >9.The New Mexico Attorney General's office, representing Ohio in its >appeal to the New Mexico Supreme Court, called Reed "well-orchestrated >and self-serving." His personal sacrifices over the years, including >extended imprisonment, solitary confinement, beatings, sensory >deprivation, and the continued harassment of his family and disruption >of their lives, fly in teh face of the claim that he is self-serving. >In fact, he has never received compensation for his tireless advocacy >for the rights of others, but has put up his own money to maintain the >work he has done. This, by any reasonable standard, is not a man who is >self-serving. >10.As the NLG's press release notes, these issues would never have come >before the courts to begin with had former New Mexico governor Bruce >King investigated and granted asylum to Little Rock. However, King was >advised by Udall's office that he had no such authority. This was >false, as the NM Supreme Court decision makes clear. >~~~~~~~NASC News Report~~~~~~~ >Please note that NASC NEWS is a free subscription Native American News Letter. >This listing is private and does not provide names or listing to anyone. If >you would like to subscribe or unsubscribe, simply write to ><A HREF="http://archnet.uconn.edu/topical/crm/usdocs/nagpra14.htm"> >[EMAIL PROTECTED]</A> >Some articles presented in the NASC NEWS contain copyright data. >NASC News has received all appropriate permissions for >the re-publishing of these same articles. >~~~~~~~ > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> IF it says: "PASS THIS TO EVERYONE YOU KNOW...." Please Check it before you send it at: http://urbanlegends.miningco.com/library/blhoax.htm
