Prison Uprise
The Abolishment Movement Newsletter
Ohio Inmates Murdered?
By Roderick Robinson
Carcinogenic, medications. (cancer causing
agents.) were dispensed on a regular basis in the
prisons in Ohio, I suspect else where too. I came
upon the discovery by noticing a high number of
inmates who had developed cancer during their
prison tenure.Some dying as a result of their
cancer. Realizing this, yet another covert method
of murdering/ or debilitating inmates through the
cumulative method of the intentional dispensing
of these carcinogenic, medications. I began to
look up what is called, the empirical formula.
The empirical formula is derived from the
mineral's structural (molecular) formula by using
the published analysis of the mineral or deriving
the analysis using basic rule... In lay terms,(
recipe.) of several of the more common
dispensed medication, some of which were
dispensed to me.Word spread to other inmates,
and more and more inmates came to me to have
me look up the empirical formulas to theirs. To
my discovery, a large number of their dispensed
medications were carcinogenic as well.
My findings were corroborated post. Confronting
then, physician, Dr. Akusoba. circa, mid 1998.
Marion Corrections Institution.. Who stated, my
findings were correct. A large number of the
medications dispensed by O.D.R.C. Ohio
Department of Rehabilitation and Corrections
medical staff. did have carcinogens in them.
However, they have only been known to cause
cancer in laboratory rats. I countered, Well, how
many test have been done on humans? He
replied, he didn't know of any.
3
December, 2006
It is clear in my mind that he in fact knew of test
done on humans was unlawful. Notwithstanding,
he himself was taking an active role in the
dispensing of these carcinogenic medication as
was his colleagues throughout the state, and
possibly other states as well.
You see, what Dr. Akusoba didn't know, was his
PA, Physicians Assistant. who sat in listening to
our discourse. My espying her, through my
peripheral vision. vigorously shaking her head
no. In a failed effort to signal Dr. Aksuba. not to
confirm my findings. concerning the dispensing
of carcinogenic medications. What's so
perplexing is, I'm not a doctor, and even I know
the testing of carcinogens on humans is
unlawfully... [Except in the prisons !] And even
more perplexing , why did Doctor Akusoba
attempt to mitigate my findings, by telling me
they only caused cancer in laboratory rats? What
difference would it make if he was certain they
would not harm humans? And why was the
pysicians assistant so fervent in signaling him
not to confirm my findings. You be the judge.
PRISON STAFF CAUGHT LACING
MEDICATION WITH INTENT TO MURDER,
AGAIN!
On yet another occasion circa last trimester 2000
to Jan 2001. of being poisoned, I was dispensed
liquid medication, Cascara. a purgative. Again, I
had been placed in punitive segregation.
Obviously, this is where Administrative/
correctional staff, like to do their dirty work,
being that its a little more secluded from general
population. In conjunction with my being
disabled, I was placed in a cell where a camera
2 The Abolishment Movement Newsletter
was positioned on me 24/7. So staff could watch
me. Perplexedly, over time I developed acute
heart pain. I couldn't figure out where it stemmed
from until nurse Mary Sanford of Lucasvilles,
SOCF. atypical of her behavior. Demanded to
have the dispensing cup back, subsequent my
walking away with it. Shocked at her tirade over
a simple cup, the size of a shot glass. these same
cups, over previous years. were left with me,
et,al. by several different nurses, including nurse,
Mary Sanford. I retorted, Why are so anxious to
get this cup back? [the cup had residue from the
poison.] Then I shut up! Realizing I might tip
them off. As this is where my heart pain
stemmed from. Hence medical records prior to
my incarnation, provided my heart was fine. So I
decided to forego the chronic medication, but
feigned dosing it.How I did that was when
medical staff came to dispense the medication. I
would take a drinking cup with my back to staff.
go over to the sink turn the water on, position the
cup in front of the stream of water to give the
appearance I was filling it with water. I wrapped
my hand around the cup. So as to prevent
medical and correctional staff from detecting the
cup was actually empty. At the cell bars, I
retrieved the small dispensing cup and threw my
head back, feigning to drink its content
immediately placed the empty drinking cup to
my mouth and moving my Adams apple to feign
swallowing the laced medication all the while
spitting it back into the drinking cup. walking
back to the sink nonchalantly, place the drinking
cup on the the sink returning to my bunk and
resume my game of solitary, or entries into my
daily journals.Now prior to this, I had saved an
empty 3"x6" plastic milk bag, cutting a small
piece of one of the corners to empty its content,
milk. I sterilized it with bleach. Making a paper
funnel I poured the laced Cascara into the plastic
bag. After saving up a couple of weeks or more,
of this laced medication, I hermetically sealed the
bag with a lighter. Making sure no air could get
in or out assuring none of the laced Cascara
would leak. I then taped the bag of laced Cascara
bag in between my legal papers.And mailed them
December, 2006
to the Sixth Circuit in Cincinnati, Ohio. During
this time my heart pain vanished. [The hereafter,
is a transcript of one of the 15 page motion,
mailed to the Sixth Circuit Court of Appeals, on
4/11/01.] Exhibit A. Please do not remove
exhibit A. from the plastic bag. It is sealed in
such a manner so as to deter tampering. The
evidence is Cascara inside a 3x6 plastic bag in a
motion to judge Potter U.S District Court,
Northern District Court Toledo Ohio. The
suspected laced cascara induced Angio pain.
Deduced by petitioner, through the process of
elimination, and the fact SOCF staff had
scheduled 3 medical round trips to Cardiology
petitioner had not previously consented to, nor
discussed. [I refused to go on. To do so would
have been pure folly. hence it would availed
them in building a medical history of staff
helping me for heart pain,( I never told them I
was experiencing.) Then In the event of my
untimely demise., staff would of pulled up my
medical history to say they had been trying to
help me. But God gave me the prevision to see
what they were up to long ago.This is how they
have murdered those who no longer have a voice.
And gotten away with it.] The Ohio State
medical board has evidence supporting
petitioners allegations. Respectfully Submitted,
Roderick P. Robinson 4/11/2001.
[Post my release from prison, at my request. A
Cardiologist ran a stress test on me, confirming I
had had a heart attack in my past. I submit to
you, the medical staff named herein this journal.
Were the perpetrators who did this to me.]
[Staff knew I had previous cases in Judge,
Potters Court. So as a diversionary tactic. I
mailed this evidence to the Sixth Circuit Court of
appeals. Naive, thinking with such profound
evidence as attempted murder. That Sixth Circuit
Court, would rush it over to the Court for which
it was intended. Little did I know then the courts,
et al. were involved too.] Now here's the really
perplexing part, Based on my deduction, My
evidence never left the institution. I say this by
3 The Abolishment Movement Newsletter
reason, and I'm sure you'll concur. After viewing
the following transcript letter from the clerk. that
did in fact, come from the Sixth Circuit Court of
Appeals. Received stamped by SOCF, APRIL
19,2001.
Dear, Mr. Robinson, The clerk's office received a
ss1983 complaint which should have been filed
with the district court.The complaint also had
attached a bag with what looked like blood. No
matter what you thought the effect would be---
and I'm assuming it was done for shock value-
blood or any other bodily fluid is not an
acceptable attachment to a court document. Any
court document. Everything is being returned to
you-don't even think about mailing it or any
similar fluid- filled packages to the Clerk's office
again. Sincerely yours signed Janis E. Yates.
Chief Deputy Clerk. cc: , Warden, Southern Ohio
Correctional Facility.
Now if you'll recall, the page, of the 15 page
motion. attached to the laced Cascara was very
concise as to the content of the bag. So, If Janis
E. Yates actually saw the evidence first hand.
How could she possibly assume it contained
blood? I couldn't have been more explicit
concerning the bags content, of having laced,
Cascara.
Now Sgt. McGraw (female) SOCF, Didn't have
me sign for the foregoing, ostensible returned
evidence. Which is atypical of ODRC Policy.
and even more non plused. Is the fact SOCF staff
didn't give back my original motions. Clearly this
was for the sole purpose of sweeping this whole
matter under the rug. Now you know THE
TRUTH ! all these inmates purportedly dying of
massive heart attacks in the prisons. Were,
without question, murdered in much the same
way these attempts made on me. Now I
purposefully left out some information by reason
in the event this matter gets into court. and staff
attempt to replicate that bag of laced cascara. I
have a big surprise for them. But if it doesn't get
into the courts I'll reveal other things I did, to
counter their artifices in the book.. As I stated in
December, 2006
the foregoing, during the time I was saving the
laced Cascara my heart pain vanished. And as
I've indicated in the body of my journal.. medical
staff set up 3 unbidden trips to cardiology. I
refused to go on these trips by reason, Had I
gone. In the event staff succeeded in murdering
me. I would have helped them with medical
records supporting I had a heart problem, I was
written up for not going, but those write- ups
were later rescinded. For obvious reasons.
I am the author of the foregoing denouncements.
Roderick Robinson
You can reach Rod at this myspace address and
leave him a message, and sign his petition.
http://www.myspace.com/horab
Thanks Rod for sharing this with us.
Abuse, Torture in Maryland Prison
The following article is from :
Mr Anthony Mustafah Chisley
Deputy Chairman to the Maryland Branch of the
New African Black Panthers Party-Prison
Chapter (NABPP-PC)
Anthony wrote to me " Even though we ended
the hunger strike, the psychological/physical
abuse & torture still exists. So the struggle
continues. We ended the hunger strike for now
but are attempting to organize, plan, consolidate
support as you (and people around the world!)
did, with the signing up to participate in the
"fast-In"."
Anthony recommends the book "Are Prisons
Obsolete"? by Angela Davis. Anthony asked to
post his solidarity & admiration to the prisoners
across America, and free world people. Sends his
greetings & Solidarity, love to all within contact.
We will be hearing alot more from Anthony. He
4 The Abolishment Movement Newsletter
will be sending more documents concerning this
important matter. You can read them on The
Abolishment Movement Site soon.
Here is the Statement concerning the conditions,
abuse and torture once again!
November 2006 Press Statement Concerning
Abuse and Torture at Jessup
Correctional Institution in Maryland
Currently at Maryland's Jessup Correctional
Institution, inside of its security housing unit, A-
Building, prisoners are being physically and
psychologically tortured at the hands of prison guards.
The level of brutality and torture is that of Abu
Ghraib in Iraq and Guantanamo Bay in Cuba.
The practices of sensory deprivation, beatings of
prisoners held in 3-point restraints and shackles,
and inhumane conditions of confinement come
in many forms.
Beginning in January 2006, over 25 prisoners
have been brutalized, tortured and terrorized here
at Jessup Correctional Institution. The level of
corruption is at its height, with every rank
participating and the Warden and Security Chief
allowing it to go on.
Prisoners are frequently deprived meals, water,
toiletries, cleaning supplies, recreation, medical
treatment, grievances, sufficient oxygen, and a
non-hazardous environment. Our living quarters
are infested with rodents, ants, gnats, roaches,
and other insects. The food trays and showers are
filthy with built up bacteria. We are even
deprived of visits for extensive periods of time
without just cause. There exist clear civil,
constitutional, and human rights violations.
These practices are in violation of federal, state,
and local laws, DOC policy, and facility
directives. The brutality and torture taking place
are crimes against the men incarcerated in A-
Building at JCI.
The medical staff at Jessup Correctional
Institution corroborates false reports written by
prison guards. P. A. Moss and nursing personnel
refuse to treat prisoners who have been beaten by
guards. Physical wounds and injuries sustained
December, 2006
by prisoners during attacks are not reported and
are not documented in their medical records.
Prison guards are allowed access to prisoners'
medical records without approval.
Prisoners at JCI in Maryland have begun a
hunger/silent strike to protest these practices
against us. We are the prisoners confined to A-
Building, the Security Housing Unit at JCI where
these practices are taking place. We are asking
that the Justice Department and an outside
human rights agency come into JCI to speak with
every prisoner in A-Building. We are asking that
every guard on all three shifts working in A-
Building be removed and replaced with other
personnel. We are asking for an investigation of
all the incidents which have occurred during
2006, including guard attacks against prisoners.
Pending the results of the investigation, we ask
that all personnel found to be directly and
indirectly involved be terminated from
employment in the Maryland Department of Corrections.
We appeal to you, the public, asking that those
amongst you of reasonable consciousness ,
especially those who have family members
imprisoned here or elsewhere throughout the
state come together to support us in exposing and
stopping this treatment. These techniques of
terror are being practiced on prisoners in other
penal facilities across the United States, but it
goes unaddressed by the U.S. government.
There are some organizations, political parties,
and legal groups that have offered assistance, but
we need more public support from all sectors,
especially poor communities and communities of
color— the communities from which we come.
We will provide you with a list of the guards involved.
The C-Wing prisoners inside A-Building at
Jessup Correctional Institution are currently on a
hunger/silent strike and desperately need your
help. Torture, abuse, and brutality are crimes in
the U.S. and worldwide. The government has a
duty to stop and prevent it and we need your help
holding them accountable to these duties.
Penned in : Power To The People!
5 The Abolishment Movement Newsletter
Thanks Anthony, and please keep us updated.
Another Suicide Reported
San Quentin death row inmate commits suicide
in cell
Associated Press
SAN QUENTIN, Calif. - Three days after
receiving psychiatric care, a 46-year-old death
row inmate hanged himself in his cell at San
Quentin State Prison, a spokesman said Friday.
James David Tulk, who was sentenced to death
for the 1990 rape and murder of a Redding
woman, was found about 11:25 p.m. Thursday
hanging from a bed sheet tied to his upper bunk,
said Lt. Eric Messick.
Even though they live alone, many death row
inmates have double bunks and usually use the
top one as a shelf, Messick said.
"This is a very determined person," Messick said,
describing how an inmate would need to be in a
near-kneeling position to asphyxiate. "You'd
have to fight away your survival instinct."
Tulk was hospitalized briefly on Nov. 27 for
"psychiatric observation," Messick said. Tulk
was not on suicide watch and it was unknown
whether he had been in the past. An investigation
was under way, Messick said.
Tulk also was receiving the prison's lowest level
of treatment for some type of mental illness, he
said, refusing to elaborate. Messick said about 10
percent of all San Quentin inmates participate in
some type of psychiatric treatment.
Tulk was fine when his cell was checked at 10
p.m., Messick said. Officers do hourly checks on
the prison's 619 death row inmates.
The last confirmed suicide on death row took
place in 1997, according to the Department of
Corrections and Rehabilitation. (End)
December, 2006
He had to fight to die?? W ow
Stay of Execution
By The Associated Press
November 27, 2006 4:59 pm
FROM THE BENCH: A North Carolina judge
granted a 60-day stay Monday to death row
inmate Guy Tobias LeGrande. He has asked
three psychiatrists to evaluate him and submit
their reports to the court in the next 45 days.
LeGrande was scheduled to die Friday.
STATE OF MIND: Dr. Nicole Wolfe, a
psychiatrist at Dorothea Dix Hospital in Raleigh,
wrote that death row inmate LeGrande's behavior
in 1995 and 1996, when he was tried, did not
clearly show any mental disease or defect.
Wolfe, who tried to evaluate LeGrande earlier
this month, says there's now a strong possibility
that he is not competent.
WHAT'S NEXT: Defense attorneys and
prosecutors must determine where the
psychiatrists will try to evaluate LeGrande, who
does not have to cooperate with them. If he
refuses, then they will just observe him.
Death Row Quote
"Having suffered a heart attack back in
September, Allen had asked prison authorities to
let him die if he went into cardiac arrest before
his execution, a request prison officials said they
would not honor."
"'At no point are we not going to value the
sanctity of life,' said prison spokesman Vernell
Crittendon. 'We would resuscitate him,' then
execute him."(end)
Whose the mindless thugs now?
Some not so surprising Prison Stats
One in 32 Behind Bars, on Probation or Parole
By KASIE HUNT, AP
6 The Abolishment Movement Newsletter
WASHINGTON (Nov. 30) - A record 7 million
people - or one in every 32 American adults -
were behind bars, on probation or on parole by
the end of last year, according to the JD
Of those, 2.2 million were in prison or jail, an
increase of 2.7 percent over the previous year,
according to a report released Wednesday.
More than 4.1 million people were on probation
and 784,208 were on parole at the end of 2005.
Prison releases are increasing, but admissions are
increasing more.
Men still far outnumber women in prisons and
jails, but the female population is growing faster.
Over the past year, the female population in state
or federal prison increased 2.6 percent while the
number of male inmates rose 1.9 percent. By
year's end, 7 percent of all inmates were women.
The gender figures do not include inmates in
local jails.
"Today's figures fail to capture incarceration's
impact on the thousands of children left behind
by mothers in prison," Marc Mauer, the
executive director of the Sentencing Project, a
Washington-based group supporting criminal
justice reform, said in a statement. "Misguided
policies that create harsher sentences for
nonviolent drug offenses are disproportionately
responsible for the increasing rates of women in
prisons and jails."
From 1995 to 2003, inmates in federal prison for
drug offenses have accounted for 49 percent of
total prison population growth.
The numbers are from the Justice
Department's annual report breaking
down inmate populations for state and
federal prisons and local jails.
Racial disparities among prisoners persist. In the
25-29 age group, 8.1 percent of black men -
December, 2006
about one in 13 - are incarcerated, compared with
2.6 percent of Hispanic men and 1.1 percent of
white men. And it's not much different among
women. By the end of 2005, black women were
more than twice as likely as Hispanics and over
three times as likely as white women to be in
prison.
Certain states saw more significant changes in
prison population. In South Dakota, the number
of inmates increased 11 percent over the past
year, more than any other state. Montana and
Kentucky were next in line with increases of 10.4
percent and 7.9 percent, respectively. Georgia
had the biggest decrease, losing 4.6 percent,
followed by Maryland with a 2.4 percent
decrease and Louisiana with a 2.3 percent drop.
(End)
R.I.P.
I cut this piece about the funeral of Sean Bell, the
young black man gunned down in New York by
police. He was unarmed, as his companions were
also.
"They took his life, but we can't let them take his
legacy," the Rev. Al Sharpton said, repeatedly greeted with
cheers and "Amens" from the overflow crowd. "W e must
give Sean a legacy. A legacy of justice, a legacy of
fairness. W e don't hate cops, we don't hate race, we hate
wrong."
The Rev. Lester W illiams had been preparing to lead Bell
and his fiancee through their vows last week, but instead
was forced to delivery the eulogy. He stressed the
importance of forgiveness and urged the congregation to
remain calm despite the outrage over the Bell shooting.
"I am angry as hell, but our anger must not cause us to sin,"
he said.
"Ask not for whom the bell tolls. The bell tolls for Sean.
The bells are ringing outrage," he added.
(End)
For anyone who didn’t hear about this murder, Sean
was gunned down, and the cops used 50 rounds of gunfire.
Yes, you read that right, fifty. One of the cops had been in
the bar drinking, do you think he was drunk?
7 The Abolishment Movement Newsletter
Here is another of my editorials. I have recently
been having my editorials published online. I
think it brings awareness to the problems in our
so called justice system. This one here is about
being railroaded.
Railroad Express
By Doreen (Dee) Hawk
A short story concerning the death penalty. Texas
leads the nation in executions. With shoddy
attorneys and evidence, how many of these
inmates have been railroaded onto death row?
Imagine yourself on trial for Capital Murder.
Imagine your jury is an all-white jury, and here
you are a twenty-three year old black man. Your
lawyer is state-appointed and barely can
remember your name. He has done little research
on your case, and you almost think he is on the
defense side from how your case is being
handled. The jury has had evidence withheld
from them, and some of the evidence has been
mishandled by the crime lab. The jury deliberates
for only three hours, and you are found guilty of
Capital Murder. The Judge presiding over your
case is well-known for the death penalty, and it
doesn't surprise anyone when you are handed the
death sentence.
Hold on tight; you have just been railroaded onto
Texas Death Row. Here you will stay under
deplorable conditions for years. Innocent on
death row; another. Most people think that
everyone says they are innocent on death row,
but in the state of Texas, there really are innocent
men and women. If you read the case files, you'll
wonder how some of them are on death row,
waiting lethal injection.
The state of Texas tops the charts in the number
of executions. The total is 379, with nineteen
executions in the year 2005, and twenty-four as
of date in 2006. The next highest state this year
is Ohio with a total of five so far. Very few
December, 2006
inmates get a stay of execution from Texas’
Governor Rick Perry. Despite claims of mental
retardation and other mental impairments there
are inmates on Texas death row with an IQ of a
child. Other inmates are schizophrenic and
belong in a mental institution.
Texas does not only execute murderers. Under
the Law of Parties Bill 7.02b an inmate can be
handed over the death sentence for just being
present at the scene of the crime. Executions
have taken place already for inmates being the
getaway driver during a crime when someone
was killed. There is another bill being introduced
in Texas legislation this year by Debbie Riddle
(R-150th District). House Bill 8 will make
certain sex offenders eligible for the death
sentence if this bill is passed.
In the year 2002, photographs were taken of the
leaking ceiling in Houston, Texas, crime lab.
This leaking ceiling could very well have caused
damage to the evidence that is stored there. This
crime lab is now spending an additional $1.5
million dollars on top of the $4 million already
spent to investigate this issue.
I am told many times by the inmates themselves
that they feel their legal representation was
shoddy. The attorneys, appointed by the state are
sometimes inexperienced with capital defense,
and do not investigate the case. One inmate,
reported he has not seen or heard from his
attorney in over a year despite many letters sent
to him, and has no idea where his appeal status is
on his case. Evidence is withheld from jurors and
witnesses are not brought forth. There are many
inconsistencies of testimony.
Many inmates are interrogated by police for
hours without legal representation, and are forced
or coerced into statements and confessions that
are not necessarily true. Some are scared and
offered "deals" and accept these deals without
realizing what they are getting themselves into.
8 The Abolishment Movement Newsletter
These confessions are later unable to be
retracted.
I looked up the meaning of "railroaded" in the
dictionary and this is what it said: to convict with
undue haste and by means of false charges or
insufficient evidence b: to push through hastily
or without due consideration.
So if you ever find yourself being arrested by
Texas police, be very careful what you say or do,
or you too could find yourself on the Railroad
Express straight to Texas Death Row.(end)
I have some great ideas for more stories, and will
be working on them soon. Please submit your
own for everyone to read.
I am looking for submissions from anyone.
Democrats could change Laws
Democrats Could End Discriminatory Prison
Sentencing Rules
By Jackie Jones, Black America Web
Posted on November 28, 2006, Printed on
November 28, 2006
1. http://www.alternet.org/story/44813/
A new Democratic majority in Congress may
finally be able to push through a
recommendation from the U.S. Sentencing
Commission to end the disparities in crack
versus powdered cocaine sentencing, reform
advocates say.
Critics of the current sentencing policy say it
discriminates against black defendants who get
substantially more prison time for possession of
much smaller amounts of crack than those
convicted of possession of powdered cocaine.
A conviction for possession of 500 grams of
cocaine carries a mandatory five-year prison
sentence, but it only takes five grams of crack
cocaine to get the same sentence.
December, 2006
"Over-incarceration within black communities
adversely impacts those communities by
removing young men and women who could
benefit from rehabilitation," Carmen Hernandez,
president-elect of the National Association of
Criminal Defense Lawyers testified before at a
commission hearing two weeks ago. "Drug
amounts consistent with state misdemeanors
become federal felonies, resulting in
disenfranchisement, disqualification for
important public benefits, including student
loans and public housing, and significantly
diminished economic opportunity. As a result,
many of these persons become outsiders for a
lifetime, and their families suffer incalculable
damage and suffering."
The Commission held a daylong public on Nov.
14 at Georgetown University Law Center in
Washington, D.C., with testimony from judges,
lawyers, law enforcement officials, the ACLU,
the NAACP and the Fraternal Order of Police.
The commission has recommended three times
to Congress that the sentencing gap be narrowed.
A bill pending in Congress, sponsored by Rep.
Jeff Sessions (R-Ala.) would reduce the penalty
for crack cocaine and raise the penalty for
powder cocaine and would also shift the
emphasis from the quantity of the drug possessed
to the type of criminal conduct related to poss.
For example, the bill would increase penalties for
violent crimes and for dealers who use women
and children as couriers. It would decrease
penalties for those who play minimal roles in the
distribution of drugs, for example a girlfriend or
a child of a dealer who was not compensated for
carrying or delivering the drugs.
Current sentencing policy "is a gut civics lesson
in how difficult it is to undo policy mistakes,"
said Dr. Gail Christopher, director of the Joint
Center for Political and Economic Studies Health
Policy Institute.
9 The Abolishment Movement Newsletter
"Legislators make laws; they don't unmake
them," Christopher told BlackAmericaWeb.com.
"Laws such as 'three strikes-you're out,' and zero
tolerance haven't been informed by research but
by headlines and reaction."
Christopher said she is hopeful that the
Democratic majority in Congress -- particularly
in the House where Rep. Maxine Waters (D-
Calif.) and John Conyers (D-Mich.), who have
been outspoken supporters of sentencing reform
will now have key committee positions -- will be
able to push through legislation correcting
sentencing inequities.
U.S. District Judge Reggie B. Walton, who was
an early supporter of heavier punishment for
crack cocaine charges, told the sentencing
commission that the discrepancy in sentencing
had become "unconscionable."
In his testimony, Walton said that punishment
must be fair. "And just as important, the
punishment must be perceived as fair. While I
cannot categorically say that some degree of
difference in punishment for crack and powder
cocaine is not warranted, no reasonable
justifications exist for the 100-to-1 disparity."
Walton, a former federal prosecutor who was a
deputy drug czar in President George H.W.
Bush's administration, told
BlackAmericaWeb.com that he never anticipated
that the disparity in sentencing would become so great.
"It creates a perception of the judicial process,"
Walton said. "I have heard comments from jurors
and prospective jurors and a large percentage of
African-Americans feel the criminal justice
system is not fair."
Walton said that unfairness, real or perceived,
not only impacts those being sentenced, but
threatens the fabric of the judicial system for
black Americans.
December, 2006
"I have a profound interest in making sure our
criminal laws work properly. Obviously we
fought very long and hard to give people the
opportunity to participate in the criminal justice
system as jurors, and if they're opting out of the
process because they believe it's unfair" it defeats
the purpose of giving black Americans the
chance to have a say in the judicial process,
Walton said.
"I just think the disparity, however it is fixed," he
said, "needs to be fixed."
"We definitely support eliminating the
crack/powder cocaine disparity," said Bill Piper,
director of national affairs for the Drug Policy
Alliance, which advocates no differentiation
between sentences for the two different types of
cocaine..
Piper told BlackAmericaWeb.com that the
Sessions bill "is a step in the right direction, but
we don't think it goes far enough" in ending the
disparities.
Raising the threshold for the amount of crack
needed to trigger the mandatory sentence and
lowering it for powder cocaine doesn't really
solve the racial disparity, Piper said.
"You're lowering the prison time for African-
Americans who are usually charged with crack
possession and raising it for Hispanics who
usually are charged with powder cocaine. That's
a tradeoff we found unacceptable," Piper said.
"Beyond the racial disparities, the (federal)
thresholds for crack and powder are too low to
get people into diversion programs" on the local
court level, Piper said. "The emphasis ought to
be in the lower courts to get people diverted to
(drug treatment and recovery) programs and the
(federal) focus ought to be put on the big dealers."
Piper said that 2002 federal figures showed only
about 7 percent of those facing federal charges
for cocaine possession were major traffickers.
10 The Abolishment Movement Newsletter
"If anything, we shouldn't be talking about
grams; we should be talking about kilograms," he
said.
Chuck Canterbury, national president of the
Fraternal Order of Police, told the commission
that the FOP was not opposed to adjustments in
sentencing, but the organization believed that
crack had a more deleterious affect on
communities and deserved to be weighted more
heavily than powder cocaine. The FOP, he said,
wanted to ensure "reasonable mandatory
minimums" based on the quantity of the drug in a
defendant's possession.
"We believe that the sentencing guidelines
should include additional aggravating factors --
the presence of firearms or children, use or
attempted use of violence are a few examples --
in the determination of a final sentence,"
Canterbury also said.
Piper said he thought the Sessions bill was dead
for this Congress, but "I think with the
Democrats taking over (in January) will give it a
boost. Now there is an opportunity for a true
bipartisan bill."
"I think it has to be absolutely (a bipartisan
effort)," Rep. Sheila Jackson Lee (D-Texas.) told
BlackAmericaWeb.com.
She said she has been active with her Democratic
colleagues on the House Judiciary Committee
since coming to Congress in 1995, trying to get
sentencing disparities ended.
"One of my first votes was to end cocaine
sentencing disparities, not because I believe in
drug use, but because I believe in fairness," Lee said.
She said she believes the bipartisan will exists to
change the law and give the judiciary the
flexibility it needs to hand down more equitable
sentences, "so we have to have a new framework."
December, 2006
After this week's hearing, the sentencing
commission is likely to work with all three
branches of government to develop a new policy
plan. It may publish proposed amendments in
January, hold another hearing on March and
possibly sponsor a panel or two on the issue. The
commission has until May 1 to submit any
proposed legislation to Congress.
The commission can change sentencing
guidelines, but Congress has the final say on
mandatory minimum sentences.
"I would hope with the kind of thoughtful
thinking between Republicans and Democrats,"
Lee said, "we would want to be above worrying
about criticism that we are soft on crime and
reform the system." (End)
Well, that’s about it for now. I did this edition
early because I want to get a special edition out
before the Holidays.
People ask if I need help. YES!! I can use help
with getting together more news, with typing,
with printing these out and spreading the word.
Right now, I am doing this alone. I thank the
men who contributed to this edition, keep the
news coming. Lets join, and be a voice that can
be heard throughout the nation. I can be reached
at this email:
Lucidreeme@aol.com Have your family and
friends email if they want. Submissions always
welcome.
Please use this address:
Dee Martin
P.O. Box 63095
New Bedford
Ma.
02746
11 The Abolishment Movement Newsletter December, 2006