Reportback on Albert Woodfox’s Sept. 2 Oral Arguments at US Fifth Circuit Court of Appeals

From Angola 3 News:

(PHOTO: A3 supporters outside of the US Fifth Circuit Court of Appeals in New Orleans this morning at Albert Woodfox’s oral arguments. Big Thanks to everyone that made it out!!)

This morning, Amnesty International USA released the following statement, reprinted in full.

Please check back here for more updates later in the day. See also our Facebook and Twitter pages.

Amnesty International USA Statement on Ongoing Incarceration of Albert Woodfox

Today, the U.S. Court of Appeals for the Fifth Circuit in New Orleans heard oral argument in Albert Woodfox vs. Burl Cain. A three-judge panel will decide whether Louisiana prisoner Albert Woodfox should be granted unconditional release or face a third trial after spending more than four decades in solitary confinement.

U.S. District Judge James Brady ordered Woodfox’s unconditional release in June, overturning his conviction and barring the state from retrying him. The state of Louisiana appealed the ruling and moved to keep Woodfox behind. Jasmine Heiss, Senior Campaigner for Amnesty International USA’s Individuals at Risk program, attended the oral argument and issued the following statement:

“Today, Albert Woodfox remains doubly trapped — both in solitary confinement and in a deeply flawed legal process that has spanned four decades. Judge Brady’s writ of unconditional release should have been the final chapter in Albert’s 43-year nightmare. Now we can only hope that the courts will finally provide Albert some measure of justice.

“The question remains – why has Louisiana Attorney General Buddy Caldwell relentlessly pursued Albert Woodfox? It is time for the Attorney General to act in the name of justice rather than vengeance and stop standing in the way of Albert’s release.”

CA Prisoners Win Historic Gains with Settlement Against Solitary Confinement

From Prisoner Hunger Strike Solidarity:

Agreement reached in Ashker v. Brown ends indeterminate long-term solitary confinement in CA, among other gains for prisoners

FOR IMMEDIATE RELEASE – September 1, 2015
Prisoner Hunger Strike Solidarity Coalition

Oakland – Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.

“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.

Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.

It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.

“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.” The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.

Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.

“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”

“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”

Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.

A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.

The settlement can be read on CCR’s website, along with a summary. CCR has also put up downloadable clips of the plaintiffs’ depositions here.

 

Chicago LGBTQ Inmates Speak Out Against Solitary Confinement, Homophobia

From Shadowproof:

LGBTQ prison abolition group Black & Pink began publishing letters from inmates in solitary confinement last month in an effort to shed light on the abuse and harassment they suffer.

One prisoner recounts, “It’s very easy to be thrown in segregation merely for walking in a way an officer finds too sissylike.” (Blackandpink.org)

In a post introducing the series on their website, Black & Pink explained that last summer, their Chicago chapter contacted to over 100 inmates in isolation to ask for their experiences. They received nearly 40 responses, mostly from the Illinois Department of Correction and Marion federal prison.

The group writes:

We live in a time of growing knowledge of, and outrage about, solitary confinement. We hope this blog series expands our collective understanding about the horrors of solitary confinement and its particular impact on queer and trans people. More importantly, we hope it becomes another tool to help us end solitary confinement for all people, to move us away from a culture built on punishment and isolation and towards a culture based on restoration and community.

The true number of queer and trans inmates in solitary confinement is basically unknown. In addition to being subject to administrative segregation, punitive segregation and ‘therapeutic housing,’ many LGBTQ prisoners are placed in protective custody, in which they are moved to isolation to supposedly protect them from harm and harassment by other inmates. Protective custody figures are not included in tallies for solitary confinement.

The first installment of Black & Pink’s provides the public with a glimpse into the experiences of LGBTQ prisoners in isolation, including those not just targeted by other inmates but singled out by guards for the way they act or look as well. One inmate wrote:

It’s very easy to be thrown in segregation for merely walking in a way an officer finds too sissylike. I’ve been thrown in segregation because an officer felt my fingernails were too longs and girlie. My friend was thrown in segregation cause her eyes were lined.

Another told Black & Pink:

Often LGBTQ inmates are placed there simply because they are not wanted in the general populations. Some correctional officers use the opportunity to harass the LGBTQ inmates. We are literally in a cage and cannot just walk away! And most of the time we don’t deserve to be in solitary confinement

Sixteen percent of respondents to the National Transgender Discrimination Survey Report [PDF] said they had been incarcerated “for any reason,” compared to less than three percent of the general population who said they had been incarcerated “at some point in life.” Seven percent of respondents to the survey said they had been arrested and incarcerated by law enforcement solely on a basis of their identity and sexual orientation.

This discrimination is life threatening and takes many forms behind bars, going well beyond the use of solitary. Last year, for example, a class-action lawsuit brought by inmates alleged sheriff’s deputies in San Bernadino County, California, skipped legally-mandated safety checks for LGBTQ inmates “due to unwarranted dislike by SBCSD employees and an unwarranted fear of AIDS.”

The Bureau of Justice Statistics found that between 2011 and 2012, “inmates who reported their sexual orientation as gay, lesbian, bisexual, or other were among those with the highest rates of sexual victimization.” That study [PDF] found roughly 12 percent of LGBTQ prisoners and over 8 percent of jail inmates reported being “sexually victimized” by another inmate, with an additional 5.4 percent of prisoners and 4.3 percent of jail inmates victimized by staff.

The abuses faced by queer and trans prisoners — particularly those who are black or brown — deserve far greater attention.  I look forward to the rest of this series and reading the first hand experiences of trans and queer inmates in isolation.

Barrett Brown out of solitary, still under restrictions

From freebarrettbrown.org:

Barrett Brown has been moved out of solitary confinement, known as the Segregated Housing Unit, and back into the general compound. Barrett had been in solitary for more than two months, since around 17 June 2015, a duration far exceeding that which psychologists and the United Nations say constitutes torturous treatment. Barrett turned 34, his third birthday in jail, while in solitary confinement last week.

However, Barrett is still prohibited from using the phone, accessing email, purchasing commissary items and receiving visitors until 18 October. The email prohibition will last even longer unless his appeal succeeds.

We’ll continue to report on Barrett’s condition and access to various prison privileges as restrictions are eventually lifted.

Chelsea found guilty of prison infractions, but no solitary confinement

August 18, 2015

By the Chelsea Manning Support Network

We just heard from Chelsea following her hearing today before the Fort Leavenworth disciplinary board:

“I was found guilty of all 4 charges @ today’s board; I am receiving 21 days of restrictions on recreation–no gym, library or outdoors.”

So while she was convicted of all four charges (yes, even the expired toothpaste!), she did not receive any time in solitary confinement. We believe that had everything to do with the outpouring of support, and the attention focused on Fort Leavenworth… including the 100,000 folks who signed the petition organized by Fight for the Future.

Chelsea added, “Now these convictions will follow me thru to any parole/clemency hearing forever. Was expecting to be in min custody in Feb, now years added.”

So, this is good news, but not without significant ramifications.

Beloved political prisoner Hugo ‘Yogi Bear’ Pinell, feared and hated by guards, assassinated in Black August after 46 years in solitary

From SF Bay View:

by Dr. Willie and Mary Ratcliff

Black August adds another hero and martyr to the roll.

From December 1970 to 2014, when he finally had a contact visit with his mother, Yogi was allowed to come out from behind the thick glass in the visiting room and touch a loved one only once: When he married Shirley, they were given 15 minutes together. She later died.

By some accounts, it was his first day on the yard after 46 years in solitary confinement when Hugo Pinell, affectionately known as Yogi Bear, was assassinated Aug. 12. The news sparked a victory celebration by  prison guards on social media: “May he rot in hell” and “Good riddens” (sic), they typed. Yogi was the only member of the San Quentin 6 still in prison, and his role in the events of Aug. 21, 1971, the day George Jackson was assassinated, has earned the guards’ incessant enmity ever since.

“This is revenge,” declared his close friend, fellow Black Panther veteran Kiilu Nyasha, on Hard Knock Radio Aug. 13. “They hated him as much as George Jackson. They beat him constantly, kept him totally isolated for 46 years – no window, no sunlight – but they could never break him, and that’s why they hated him.

“The only way he survived was that this man was full of love.”

Isolated in the Pelican Bay SHU from 1990 to 2014, Yogi supported his SHU comrades’ campaign to end solitary confinement. He participated in the hunger strikes and applauded the Agreement to End Hostilities, authored by 16 of his comrades, Black, Brown and White, and dated Aug. 12, 2012, three years to the day before he was killed. It has nearly erased racial violence from California prisons.

The comrades who conceived and wrote the agreement were following Yogi’s lead.

“There was a time in the prison sys­tems throughout the United States,” according to a story headlined “The Black Panther Party and Hugo Pinell” in The Black Panther newspaper of Nov. 29, 1971, “when the prisoners themselves were divided, not only white against Black, but Latinos against Blacks. This – the result of racism in every area of U.S. society – was particularly apparent in Cali­fornia prisons.

This is the story from the Nov. 29, 1971, edition of The Black Panther. – Courtesy Billy X Jennings, ItsAboutTimeBPP.com

“Blacks and Latinos fought, stabbed and killed each other in the yards, cell blocks and dining halls of every prison camp from Tehachapi to Tracy. This is always the case when the racist white prison guard, under administration orders, pits one man struggling to survive against another.

“It is the easiest way for the prison to assure almost absolute control over its inmate population. After all, only an idiot would believe he could control 100 men with one man, unless the 100 were divided. Quite often men were paid to start fights between two men. …

“(B)rothers and sisters across the country inside the maximum prisons began to awaken to the fact of their oppression. They began to realize, as Comrade George Jackson would say, that they were all a part of the prisoner class.

“They be­gan to realize that there was no way to survive that special brand of fas­cism particular to California prison camps except by beginning to work and struggle together. … The prisoner class, especially in California, began to understand the age-old fascist principle: If you can divide, you can conquer.

“There are two men who were chiefly responsible for bringing this idea to the forefront. They helped other com­rade inmates to transform the ideas of self-hatred and division into unity and love common to all people fighting to survive and retain dignity. These two brothers not only set this example in words, but in practice.

“Comrade George Jackson and Comrade Hugo Pinell, one Black and one Latino, were the living examples of the unity that can and must exist among the prisoner class. These two men were well known to other inmates as strong de­fenders of their people.

“Everyone knew of their love for the people, a love that astounded especially the prison officials of the state. It astounded them so thoroughly that these pigs had to try and portray them as animals, perverts, madmen and criminals in order to justify their plans to eventually get rid of such men.

“For when Com­rades George and Hugo walked and talked together, the prisoners began to get the message too well.

“In a well-planned move, the state of California and the U.S. government carried out the vicious assassination of Comrade George Jackson, field marshal of the Black Panther Party, on Aug. 21, 1971. Their plans to slaughter Hugo Pinell are now in full swing.”

What happened on New Folsom Prison’s B yard on Aug. 12, 2015?

California, the prisons are abundantly funded, but the billions of taxpayer dollars are spent in secret, as the media are prohibited from covering prisons. So the stories coming from the mainstream media about Yogi so far are based on press releases from CDCr, the Corrections Department, not from reporters who go inside to hear from prisoners.

Highly paid prison guards and their CCPOA (California Correctional Peace Officers Association) are called the most powerful lobby in the state. Guards at New Folsom, located in a suburb of Sacramento, the state capital, likely exert much of that influence. Is that why Yogi was sent there after more than 23 years at Pelican Bay?

“Once a man declares that he will retain his dignity, that he will not forfeit his manhood, then he has in essence declared war against the prison,” The Black Panther reported on Nov. 29, 1971. “He has declared war upon the guards, who operate on the smallest amount of intelligence and human un­derstanding, and upon the prison and state officials, whose every move is planned and calculated to help in this government’s last feeble attempts to quell the desire of the people to see power returned into the hands of the people. Hugo, from the very beginning of his imprisonment, made that declaration.”

Yogi’s enemies were not his comrades in the prisoner class – though he reportedly died at the hand of one or two prisoners, said to be white, though their race is unconfirmed. He was no threat to other prisoners. It was the guards who loathed him and loath the Agreement to End Hostilities, which he exemplified and set in motion over 40 years ago.

Sitting in the sunshine on the San Quentin yard in 1976 are Khatari Gaulden and Hugo Pinell. – Photo courtesy Kiilu Nyasha

Did they have him killed to demolish the agreement, to rekindle all-out race riots? Riots are job insurance for guards.

Several of the authors of the agreement have also been transferred to New Folsom, where they have been educating other prisoners to understand and wield its power. A prisoner on the C yard, Hakim Akbar-Jones, P-85158, wrote this to the Bay View in July:

“Let this be understood: At CSP Sacramento on the C yard, the End to Hostilities Agreement is in full effect. Even though the summertime is here, there is rhythm and harmony amongst respective class members. There are diligent efforts made on all fronts to work hand to hand in solidarity to build a better future amongst the prison class. With this said, we stand fast and salute all conscious guerrilla revolutionaries whose concepts have been brought forth and come to fruition, those in solidarity who support the movement, thus bringing on and creating positive change for the oppressed.”

Does this sound like a place where Hugo Pinell, the legend, the giant amongst conscious guerrilla revolutionaries, would not be protected? Did the other prisoners even know that Yogi would be joining them on the yard on Aug. 12?

What else are the guards afraid of?

Three initiatives are underway that could empty the SHUs and empower the remaining prisoners, and the guards, fearing for their jobs, are fighting them. A reasonable assumption is that the guards expect that the assassination of Hugo Pinell will see a return of the bad old days of racial violence to “justify” filling the SHUs and guaranteeing job security and top pay for guards:

Black Guerrilla Family – According to family members of prisoners who have been negotiating the hunger strikers’ demands with CDCr administrators since the hunger strikes began in 2011, CDCr has decided to remove the Black Guerrilla Family from the list of eight prison gangs because it’s a political not a criminal organization, but reportedly the guards and their CCPOA are furiously opposed. If BGF is not a prison gang, then all the Black prisoners “validated” as BGF “gangsters” would have to be released from SHU.

George Jackson University – Abdul Olugbala Shakur (s/n James Harvey) recently settled a suit to legitimize George Jackson University, which 25,000 prisoners signed up for when he and other prisoners and outside supporters founded it years ago. Guards are adamantly opposed to the distribution and study of books that prisoners might find mentally and spiritually liberating and have prevented the prisoner-led institution from taking root. Though the settlement terms have not yet been revealed, guards are undoubtedly fearful.

Hugo Pinell in 1982

Class action lawsuit to end solitary confinement in California – Currently in settlement talks with CDCr are the attorneys for the plaintiff class of prisoners who have been held in the Pelican Bay SHU for 10 years or more. The attorneys are led by Jules Lobel, president of the very prestigious New York based Center for Constitutional Rights, the public interest law firm that also represents many of the hunger-striking prisoners at Guantanamo Bay. The New York Times is giving the case multi-media coverage, including a recent video showing some of the plaintiffs describing how they survive the torture of long term solitary confinement. If the case doesn’t settle, trial is set for December.

These initiatives, bolstered by the awakening in the court of public opinion to the evils of mass incarceration and solitary confinement, are driving efforts by California prison guards and their “union,” CCPOA, to demolish the carefully constructed Agreement to End Hostilities and revert to racial warfare that divides and conquers prisoners of all colors so that the guards can rule over them as cruelly as they want without getting their hands dirty.
We call for a full independent investigation immediately

The Bay View, joining a consensus of prisoner family members and advocates, calls for investigations into Yogi’s death at both the state and federal level. We challenge California Attorney General Kamala Harris, now a candidate for U.S. Senate, and U.S. Attorney General Loretta Lynch to demonstrate they believe this Black life – the life of Hugo Pinell – matters. Harris, whose office acts as the attorney representing CDCr, needs to counsel her client to reign in the guards, especially the gang investigators.

We also call for the full and fair investigation of all deaths in jails and prisons, where incarcerated people are routinely abused and tortured and even killed. Begin with Sandra Bland and Hugo Pinell.

Yogi’s attorney, Keith Wattley, says his family is planning a wrongful death lawsuit.
Honor our fallen comrade

Long live Hugo Pinell, who showed us the power of the human spirit, that love can survive and overpower hell on earth.

Hugo Pinell in 2001

To anyone tempted to avenge Yogi’s death against another race, remember the wisdom of the Panthers: “If you can divide, you can conquer.” Ever wonder why the Bay View calls our prison section Behind Enemy Lines? The prison system, not another prisoner, is the enemy that hopes you won’t get out alive.

Embrace Yogi’s spirit and read the words that follow from current and former prisoners who loved him back.

Dr. Willie Ratcliff is publisher and Mary Ratcliff is editor of the San Francisco Bay View. They can be reached at editor@sfbayview.com or 415-671-0789.

Yogi’s time

by Mumia Abu-Jamal

Written July 30, 2006 – Few of us know the name Hugo Pinell.

That’s because the last time it was in the newspapers was probably in 1971, or 1976, when he was tried as a member of the famous San Quentin 6, six young Black prisoners facing assault charges stemming from battles with prison guards at the notoriously repressive California prison.

Yet that wasn’t the beginning nor the end of things.

Hugo Pinell (known as Yogi by his friends) came to the U.S. as a 12-year-old from a small town on Nicaragua’s East Coast. If he knew then the hell he would face in America, would he have left the land of his birth? We’ll never know.

He came. And he spent the last 42 years in prison – 34 of them in solitary! He hasn’t had a write-up in 24 years.

Now, his family and lawyer are seeking his parole after a lifetime in some of the most repressive joints in America.

Why so long? Why so many years? The answer, not surprisingly, is politics. Hugo was a student and comrade of the legendary Black Panther Field Marshal, the late George Jackson, with whom he worked to organize other Black prisoners against the racist violence and prison conditions of the ‘60s and ‘70s.

Consider this: When Hugo was sent to prison, Lyndon Baines Johnson was president, bombing in the Vietnam War was intensifying and Martin Luther King Jr. was still alive!

Of his introduction to the prison system, Yogi would later write:

Of these three political prisoners, Hugo Pinell, Mumia Abu Jamal and Nuh Washington, only Mumia is now alive, and his health has been precarious lately due to the prison system’s medical neglect and abuse. – Art: Kiilu Nyasha

“I was 19 years old when I turned myself in. I pled guilty to the charge of rape with the understanding that I would be eligible for parole after six months. When I arrived at the California Department of Corrections, I was informed that I had been sentenced to three years to life.”

California’s notoriously unjust indeterminate sentencing has led in part to the present prison overcrowding that now threatens to bankrupt the system. California’s prisons are roughly 172 percent over capacity, and parole is a broken, nonfunctional agency.

That’s not just my opinion, but California State Sen. Gloria Romero, D-Los Angeles, has called the present regime a “failure,” particularly the parole system.

Despite California Gov. Arnold Schwarzenegger’s 2004 promises of major reforms of the parole system, which would lead to significant prisoner population reductions, the incarceration rate has soared. Today, there are a record 168,000 people in 33 state prisons, nearly double the rated capacity.

As Hugo Pinell seeks parole, California is spending $7.9 billion – yeah, with a “b”! – in the next fiscal year, an increase of $600 million a year for a prison system that has one of the worst recidivism rates in the nation, 60 percent!

Clearly, the so-called “Correctional and Rehabilitation” Department has failed in its mission to do both.

Support parole for Hugo Pinell; 42 years is more than enough.

© Copyright 2006 Mumia Abu-Jamal. Keep updated at www.freemumia.com. His new book is “Writing on the Wall,” edited by Joanna Hernandez. For Mumia’s commentaries, visit www.prisonradio.org. Encourage the media to publish and broadcast Mumia’s commentaries and interviews. Send our brotha some love and light: Mumia Abu-Jamal, AM 8335, SCI-Mahanoy, 301 Morea Road, Frackville, PA 17932.

Hugo Pinell – Rest in Power!

by Claude Marks

Graphic courtesy Freedom Archives

We are saddened by the news of Hugo Pinell’s death. Hugo Pinell always expressed a strong spirit of resistance. He worked tirelessly as an educator and activist to build racial solidarity inside of California’s prison system.

Incarcerated in 1965, like so many others, Hugo became politicized inside the California prison system.

In addition to exploring his Nicaraguan heritage, Hugo was influenced by civil rights activists and thinkers such as Malcolm X, Martin Luther King as well as his comrades inside including George Jackson. His leadership in combating the virulent racism of the prison guards and officials made him a prime target for retribution and Hugo soon found himself confined in the San Quentin Adjustment Center.

While at San Quentin, Hugo and five other politically conscious prisoners were charged with participating in an Aug. 21, 1971, rebellion and alleged escape attempt, which resulted in the assassination of George Jackson by prison guards. Hugo Pinell, Willie Tate, Johnny Larry Spain, David Johnson, Fleeta Drumgo and Luis Talamantez became known as the San Quentin 6.

Their subsequent 16-month trial was the longest in the state’s history at the time. The San Quentin 6 became a global symbol of unyielding resistance against the prison system and its violent, racist design.

As the California prisons began to lock people up in long-term isolation and control unit facilities, Hugo was placed inside of the SHU (Security Housing Unit) in prisons including Tehachapi, Corcoran and Pelican Bay. There, despite being locked in a cell for 23 hours a day, he continued to work for racial unity and an end to the torturous conditions and racially and politically motivated placement of people into the SHU. This work included his participation in the California Prison Hunger Strikes as well as supporting the Agreement to End Racial Hostilities in 2011.

At the time of his death, Hugo had been locked behind bars for 50 years, yet his spirit was unbroken.

Claude Marks, director of Freedom Archives, 522 Valencia St., San Francisco, CA 94110, (415) 863-9977, www.Freedomarchives.org, can be reached at claude@freedomarchives.org.

Hasta Siempre Hugo (Forever Hugo)

Solidarity forever

And we are saddened

Solidarity left

You when (it) should have

Counted for something and

What your long imprisoned

Life stood for

Now all your struggles

To be free have failed

And only death

Inglorious and violent

Death has

Claimed you

At the hands of the

Cruel prison system

La Luta Continua

– Bato and the San Quentin 3: Willie “Sundiata” Tate, David Johnson and Luis “Bato” Talamantez, who can be reached at batowato@gmail.com

Chelsea threatened with indefinite solitary confinement

From chelseamanning.org:

August 12, 2015

Aside from her 35-year prison sentence, Chelsea Manning is now facing indefinite solitary confinement to be determined in a hearing next Tuesday, August 18.

Worse yet, Chelsea faces this incomprehensibly severe punishment as a result of ridiculously innocuous institutional offenses, including the possession of books and magazines related to politics and LBGTQ issues (which she received openly via the prison mail system), and having a tube of toothpaste that was past its expiration date (apparently deemed “medical mis-use”). The catalyst for this attack on Chelsea seems to have been an incident in the mess hall where she may have pushed, brushed, or accidentally knocked, a small amount of food off of her table. She then asked to speak to her lawyer when confronted by a guard. The absurd charges were tacked on later.

These charges obviously could never justify indefinite solitary confinement- one of worst forms of psychological torture. Chelsea is now regularly publishing op-eds in the Guardian newspaper, and recently won the ability to begin hormone therapy by threatening to sue the military. It’s clear this is an attempt to silence Chelsea’s voice.

Our friends at Fight for the Future (FFTF) have created a petition where you can sign on to a letter condemning the US Army’s treatment of Chelsea.

As FFTF notes, this is a disturbing attempt to silence Chelsea’s voice. Chelsea has been very active while in prison, speaking out through her twitter account about issues of government transparency, transgender rights, and the prison system. She’s been writing a regular column for The Guardian, and even wrote a bill to reform the Espionage Act and protect journalism.These absurd charges against Chelsea, and the outrageous threat of indefinite solitary confinement, are clearly an attempt to silence Chelsea’s important voice and cut her off from the outside world.We have to make sure this attempt to silence Chelsea not only fails, but backfires. Fight for the Future has created a petition to let the U.S. government know that the whole world is watching, and we won’t stand by while they jail and torture whistleblowers who stand up for democracy and free speech. Sign and share this petition right now!

Chelsea requested that her hearing be open to the press- but she was denied. If it’s not open to the public and the press, there will be no way to ensure that Chelsea isn’t unfairly subjected to one of the worst forms of psychological torture.

Below is an actual list of the charges that were sent to Chelsea (emphasis added).

Here’s the list of books and magazines that were taken from Chelsea and not returned: Vanity Fair issue with Caitlyn Jenner on the cover, Advocate, OUT Magazine, Cosmopolitan issue with an interview of Chelsea, Transgender Studies Quarterly, novel about trans issues “A Safe Girl to Love,” book “Hacker, Hoaxer, Whistleblower, Spy — The Many Faces of Anonymous,” book “I Am Malala,” 5 books by Robert Dorkin, legal documents including the Senate Torture Report, book: “Hidden Qualities that Make Us Influential.”

“Given the materials that were confiscated, it is concerning that the military and Leavenworth might be taking action for the purpose of chilling Chelsea’s speech or even with the goal of silencing her altogether by placing her in solitary,” ACLU attorney Chase Strangio wrote. “Hopefully with public scrutiny the prison will respond by dismissing these charges and ensuring that she is not unfairly targeted based on her activism, her identity, and her pending lawsuit.”

Rest In Power Hugo “Yogi Bear” Pinell

From NYC ABC:

On Wednesday, August 12th, our comrade in the struggle for revolution, Hugo “Yogi Bear” Pinell was murdered. The context for his murder remains unclear, save for the fact that it happened in the midst of a prison riot. We have no faith that the state will do anything to determine how or why Yogi Bear was murdered and presume cops and corrections officers are relishing his death. We do not doubt the possibility that he was specifically targeted and those in authority did nothing to protect him.

In the early 1970s, while imprisoned in San Quentin State Prison, Hugo Pinell made contact with revolutionary prisoners such as George Jackson, one of the Soledad Brothers, and W.L. Nolen. On August 21, 1971, there was a prisoner uprising in Pinell’s housing unit at San Quentin, led by George Jackson. On that date, Jackson used a pistol to take over his tier in the Adjustment Center. At the end of the roughly 30 minute rebellion, guards had killed George Jackson, and two other prisoners and three guards were dead. Of the remaining prisoners in the unit, six of them, including Pinell, were put on trial for murder and conspiracy. Together, they were known as The San Quentin Six. Three of them were acquitted of all charges, and three were found guilty of various charges. Pinell was convicted of assault on a guard.

Activists in prison to this day continue to mark the San Quentin prison rebellion as Black August, often with fasting.

Although Pinell was convicted of assault, and another of the San Quentin Six had a murder conviction, only Pinell remained imprisoned at the time of his death. During his astounding 50 years of imprisonment, Pinell was primarily held in solitary confinement. Though not as active in his political organizing as in his youth, Pinell was part of the historic hunger strikes that spread throughout the California prison system in 2013 to protest the treatment of prisoners held in solitary confinement.

According to his attorney, shortly before the August 12th, 2015 riot, Hugo Pinell was transferred to general population, though the threat of harm and history of threats against him were known to prison officials.

In this month of Black August, we raise a fist for Yogi Bear and all prison rebels—you will have neither lived nor died in vain.

Hooray! Marius Is Out of the SHU!

From Free Marius Mason:

We have good news! Marius was transferred out of the SHU (or Special Housing Unit) on Saturday, August 1st, after nearly a month and a half of solitary confinement.

At this time, we do not know how the alleged violation cited by prison officials as the basis for his punishment will affect Marius in the long term, but we do know that in addition to the time he spent in the SHU, more restrictions have been placed on him that further limit his already limited life in the Administration Unit at the Federal Medical Center Carswell in Fort Worth, Texas.

While we are overjoyed that Marius is out of the terrible and dispiriting world of solitary confinement, we cannot forget where Marius is—prison. The Administration Unit at Carswell is gymnasium-sized, holds up to 20 prisoners, and is frequently and unpredictably locked down for hours on end due to violence and suicide attempts resulting from the claustrophobic and oppressive conditions.

We urge all of you to write Marius a letter or drop a line with a postcard. Your solidarity matters!

M Mason #04672-061
FMC Carswell
Federal Medical Center
P.O. Box 27137
Fort Worth, TX 76127

Eric King: Update On Solitary Confinement 7-14-2015

supportericking.wordpress.com:

Was able to visit Eric this last week! He is still working  through  some medical things but is feeling  strong and in good spirits! This month marks 6 months being held in solitary confinement. He had a reclassification hearing to determine if he could  leave the hole but it was decided that he will remain on “life” status which means he will remain there for the duration of his time at CCA Leavenworth.  The support  he receives from comrades has been irreplaceable in keeping  him strong! Eric wants to express his gratitude for all the amazing letters and books that folks have sent him.