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Wednesday, November 30, 2011

New Blog - The Sex Crimes Witch Hunt


http://sexcrimeswitchhunt.wordpress.com/ 

The Sex Crimes Witch Hunt 

The most significant sexual threat to male health since HIV

About


Important note: This website does not condone rape, sexual assault or any form of violence against children, women or men.
I am a successful professional who was falsely accused of a minor sex crime in 2009. At first I didn’t really take it seriously knowing I was innocent I thought the whole thing would blow over. Well it didn’t!
In 2011 I was convicted.
Because I received a suspended sentence, no humiliating ongoing psychological assessments and no fine I was afraid to appeal in case the sentence might be worse if I was found guilty a second time (I no longer believe in justice).
I am now on the soul destroying sex offenders register and have had to pay huge damages to my accuser. The amounts I have had to pay out in defence fees and compensation have caused me significant debt. If I was not such a strong man this episode could easily have destroyed my life.
Since this happened to me I have taken an active interest in the sex crime witch hunt. This witch hunt is happening in all the developed western countries.
Very few people are standing up for the rights of men who have been convicted of sex crimes. Normally cultivated and intelligent people are capable of behaving like animals when this subject is brought up.
Well they have picked on the wrong guy this time. It’s now time to defeat this witch hunt. I call on all intelligent accused and convicted sex offenders to refuse this isolation and shame and fight back. Some of our most successful men are victims of this oppression. Brothers let’s take this lynch mob down!
Whether you are innocent or guilty doesn’t matter. Sex crimes have the lowest repeat offender rate despite the claims of these facist oppressors.
The medieval public pillory that is the Internet sex offenders registry must be sent back to the dark ages where it belongs.
Although I was taught to be cautious from an early age I have decided to speak out, on the level, in order to make my contribution to the fight for a square deal for all men and women…

Anderson Cooper's Show on Jessica's Law

   Have not heard back from Anderson Cooper's Daytime Talkshow about appearing on his show next week to talk about the negative effects of Jessica's Law, but that's fine. I just hope they get someone good who knows what he's talking about. Will the show be the typical sensationalism crap the media uses when talking about Jessica's Law? I hope not. The show is to air next week on live TV. Let other's in the fight know. Here's a link to his show: http://www.andersoncooper.com/ .

A Motion for Innocence Blog has Moved

   A Motion for Innocence Blog has moved. It's ran by Shaun Webb, a fellow falsely accused man who had his ass kicked by our so-called Justice System and is fighting our corrupt legal system. You can find his blog now at:  http://amotionforinnocence.wordpress.com/ . Keep up the good fight Shaun! Here's a blurb about Shaun's first book. Be sure to visit his Blog.
  
A Motion for Innocence…And Justice for All?
This was my first work.  I wrote it between December 2009 and April 2010.  It was a true story about me and my clash with a crooked and one-sided criminal justice system.  The real story took place in Michigan, but I had to fictionalize names and locations to avoid any litigation being brought forth by people who wanted no part of this book.  I used police reports, court hearings, and witness statements to help compile the work.  Mixed with my real adventure, this book was a chance for me to speak.  I am very proud of this book and it continues to do well a year and a half after its release.  It was originally called A Motion for Innocence, but after hiring a professional editor and repairing the book from stem to stern, And Justice for All? was added to the title.  The original cover was also scraped and replaced with a much more effective photo showing a man looking out of jail bars.  After receiving a letter from a man claiming that the photo was a copyright infringement, I opted to use my very own photo of a man praying so there would be no mistake as to who the cover art belonged to.  The reviews have been outstanding and it seems that the book has definitely hit some very important social issues.

Tuesday, November 29, 2011

Anderson Cooper's Daytime Show to do Show on the Negative Effects of Jessica's Law

   Yesterday, I received an e-mail from an assistant to the producer from the Anderson Cooper's daytime TV show about possibly appearing on his show to talk about Jessica's Law/ Megan's Law and how it continues to punish people long after they finished their prison time/parole. I of course said yes and am waiting to hear back from her. Do I care that my name and face may appear on national TV? No I don't! Won't this effect my life? What life? I live my "life" under Jessica's/ Megan's Law. I don't have a life. I only exist now. Also, I've already been on TV anyway in what was called a "Child Predator Raid" with me handcuffed outside my hotel and MY face for millions to see. Check this insanity out. 
http://www.nbcbayarea.com/news/local/Sex_Predator_Bust_in_Santa_Clara_Bay_Area-120438359.html 
The show is to be live the first week of December. Let all the others in this fight know. Jessica's Law and Megan's Law must be exposed !!! The past year I've been living in a fleabag hotel because it's the only place I can find to live because of residential restrictions ( 75% + of this county is off limits to RSO's) and have recently been told that I am to be evicted because the city is building a park down the street. I will be forced to live on the street like a bum due to Jessica's Law. I remember back when I was awaiting trial in the late 1980's I refused Protective Custody and on the Mainline another inmate called me a "Rape-O" so I hit him. After a bloody fight, I was later beaten by guards, stripped naked, and put in The Hole for months until my trial. It was then, sitting in a jail cell beaten and naked I decided that no matter what happens to me I would never give up. NEVER !!!

CA Per-Prisoner Costs Doubled in 10 years

Tuesday, November 29, 2011


California Per-prisoner cost doubled in 10 years

The Orange County Register reports:
The average cost to incarcerate a prisoner in California has more than doubled over the past 10 years, according to the Legislative Analyst’s Office.

“The primary reasons are significant increases in employee compensation as well as federal court orders and settlements that have required specific program improvements (such as inmate medical care),” the LAO said.

In 2010, the average cost to incarcerate an inmate in state prison was $46,700. About three–quarters of that was spent on security and inmate health care.

Monday, November 28, 2011

High Tech Companies Making Big Bucks Off RSO's

State laws that keep a close eye on sex offenders are supposed to protect kids. Are they also meant to enrich high-tech tracking companies?

In February 2005, nine-year-old Jessica Lunsford was kidnapped, raped, and buried alive by a twice-convicted sex offender who lived a few hundred feet from her home in Homosassa, Florida. The crime horrified Floridians, and a little more than two months later, then-Gov. Jeb Bush signed the Jessica Lunsford Act, which mandated a minimum sentence of 25 years for first-time sex offenders who target children under 12 and life sentences for recidivists. It also required some released sex offenders to wear GPS tracking devices for the rest of their lives.
Almost immediately, there were calls for similar legislation across the country. Lunsford's father, Mark, joined the campaign, appearing on Oprah and Larry King Live and winning support from high-profile figures such as Bill O'Reilly, who declared, "This is literally a life-and-death battle to save our youngest and most vulnerable citizens from abuse, torture, and murder." In addition to Florida, 44 other states have since passed what's become known as Jessica's Law (PDF). The laws vary slightly state by state, but all mandate stiff sentences; 39 permit electronic monitoring for released offenders (of those, 24 authorize GPS monitoring). "Instead of them stalking our children, let's stalk them," Lunsford said at a 2006 event promoting the law in California.The push to implement Jessica's Law in all 50 states has been spearheaded by Stop Child Predators, a nonprofit formed in 2005. The group's determination to crack down on criminals who prey on kids is unquestionable. But there is another group with an interest in its work: GPS and tracking companies, which stand to gain as SCP's model legislation spreads. There are an estimated 736,000 registered offenders out there (PDF); satellite tracking equipment costs anywhere from $15 to $20 per person per day (an expense often paid by parolees). One of SCP's official corporate partners is Omnilink Systems, a major vendor of "offender monitoring" devices. SCP president Stacie Rumenap is a member of Omnilink's advisory board. A company brochure quotes her as saying SCP is "proud to support the use of" Omnilink's technology. The company has not said how many states it has sex offender monitoring contracts with.
In 2009, Lunsford, who serves as the chairman of SCP's advisory board, took a $100,000-a-year consulting job with Technology Investors, a Florida firm that creates databases to keep track of sex offenders. He told the St. Petersburg Times that the company's founder, data-mining maven Hank Asher, suggested that he shut down his own nonprofit, the Jessica Marie Lunsford Foundation, so he could "focus on legislation."
There is a universal "desire to keep kids safe," Rumenap notes. She downplays the idea that SCP's work is intended to benefit its corporate supporters. "This is an easy issue for companies to get behind," she says. "Who wants to argue against it?" A petite and charismatic blonde who has served as the deputy director of the American Conservative Union and director of the Conservative Political Action Conference, Rumenap is also the director of corporate relations at the Mercatus Center, a think tank funded by conservative billionaire Charles Koch.
SCP also has close ties the American Legislative Exchange Council, a low-profile yet influential clearinghouse of pro-business state legislation. SCP is an ALEC member, and ALEC adopted its template for a sex offender bill in 2006. Rumenap says that the "access to" legislators that ALEC provides has been "extremely" helpful in getting Jessica's Law into wider circulation. Since April, she has been the co-chair of ALEC's Public Safety and Elections Task Force, which oversees criminal legislation, including a bill that would require parolees and defendants out on bail to submit to GPS monitoring. It would also require ex-cons to "pursue specified education courses," a potential windfall for student loan companies and for-profit colleges.
Those companies, as it turns out, are also well represented in Rumenap's organization: SCP was founded by three executives from the College Loan Corporation, another of its corporate partners. Its board includes the CLC's chief marketing officer and a top lobbyist for the Apollo Group, the parent company of the University of Phoenix.
"I don't doubt that Stop Child Predators is genuinely interested in stopping child predators," says Lisa Graves, executive director of the Center for Media and Democracy, which recently published a cache of more than 800 pieces (PDF) of cookie-cutter legislation promoted by ALEC. No matter how laudable a bill may be, she says, the public has a right to know whether it will financially benefit a particular company. "If people knew that there was a profit motive behind it, they might have greater skepticism about whether this is the best solution or not."
Kate Sheppard covers energy and environmental politics in Mother Jones' Washington bureau. For more of her stories, click here. She Tweets here. Get Kate Sheppard's RSS feed.

Friday, November 18, 2011

Habeas Corpus Forms for CA's RSOs Residential Restrictions

http://www.prisonlaw.com/pdfs/ModelHabeasFull,Dec10.pdf

Above is a link to The Prison Law Office's forms to file a Habeas Corpus Petition asking local CA courts to stay CA's RSOs on Parole law that makes most RSO's here homeless. It has worked in some counties. Not in mine however. I filed this same Petition back while I was still in prison in Oct. of 2010. A judge ruled against it. I've been living in one of the few places I can find in this county where 75%+ of the land mass is off limits to me - a Fleabag Hotel. Now the city plans to build a park down the street and I have been ordered to move by the beginning of the year and start living on the streets or be sent back to prison. Great choice. Live on the streets like a bum or be sent to hell (CA's prison system). If you're in the same boat here in CA like me, I strongly suggest you file the above with your local courts and get the ban on residential restrictions lifted. The forms are all self explanatory. Good Luck !!!

The Sex Offender Down the Street (Is My Son)

From: Free Range Kids  http://freerangekids.wordpress.com/2011/09/30/the-sex-offender-down-the-street-is-my-son/

The Sex Offender Down the Street (Is My Son)

Hi Readers — This is a candid letter from the mom of a sex offender who is on the registry for life. Read it and see if our sex offender laws are doing the job they were intended to do: keep our kids safe from predators. — Lenore
Dear Free-Range Kids: My son was recently subjected to a death threat when a neighbor discovered that he was listed on the sex offender registry. What heinous crime had my son committed that our neighbor deemed worthy of death? “Falling in love.”
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He was 17, she told him she was 16. At the time he had no reason to doubt her. A short time later he learned a harsh life lesson. They never got beyond kissing or hand holding, but she wrote in her diary that they had made love. When her mother read the entry in her 14-year-old daughter’s diary she quite justifiably became angry. Without talking with either one of them, she called the police and had my son arrested. He spent 45 days in jail awaiting trial.
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Had the mother taken her daughter to the doctor, she would have found out that her daughter was simply voicing a private fantasy. The girl begged her mother to stop the proceedings, but the wheels of “justice” were already in motion.
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The girl was so distraught about the situation that she constantly sought to contact my son to apologize and beg him not to hate her. She finally convinced her older sister to help her get in touch with him. One day shortly after sentencing and being put on a strict 3-year probation mandating no contact with his “victim,” my son was walking home from the store a block from our house. A car pulled up behind him and he heard a familiar voice beg, “Please stop and talk to me for a minute, we won’t tell anyone, please!”
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His only reaction was to break into a full run. He burst through the front door of our home and collapsed into a pale, quivering heap of fear in the middle of the floor.  He managed to shakily mumble enough for me to realize what had just happened.  I immediately took him to the police station and had them document exactly what had happened. Only with their assurance that he had done the right thing and that everything would be OK, could he finally calm down enough to breathe.
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My son was quite shy around girls to begin with and she was his first love. As things stand right now, he may very well never have another. He never finished high school due to his probation rules, and will be required to register twice a year for the rest of his life. He has lost every job he has been able to find, due to his listing on the registry.  He can never join the military, or even follow his lifelong dream of a career in music, even though he is a talented singer/songwriter and drummer.
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Why not? The laws work this way: His sentence was 3 years’ probation and 25 years on the registry in his state of conviction, Michigan. He couldn’t keep a job in Michigan, he kept losing them because of the registry, resulting in homelessness. Homelessness and joblessness are parole violations, so he was sent to jail for six months. After two more trips to jail for failure to register — resulting in three more months in jail —  he came here to South Carolina to live with us.  As long as he can keep a roof over his head and registers when required, he will be safe. A third failure to register could send him  to prison for a mandatory 5 year sentence. Unfortunately, in our state, sex offender registration is lifetime for everyone.
.
He cannot pursue his musical career because it costs money (which neither he nor we have), for his instruments and upkeep, advertising, etc. Plus, if you are on the registry you have to  go in and report everywhere you are employed. Which means if he had a gig in, say, Seattle, he would have to report the address of his performance, the length of time he will be there, where he would be staying for the duration, etc. This is required for each and every change, notwithstanding the fact that anytime he leaves his home address for more than 3 days, it has to be approved with both the sheriff’s department here and the sheriff’s department at his destination, and either of them are at liberty to deny his request at any time.
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I also wanted to mention, that although he does not have a driver’s license, he is required to register OUR car on his registry listing, which makes public, the make, model, color and plates of our car. This may seem trivial to some, but to a vigilante our car becomes a target, regardless of who is driving it.
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The whole thing makes for a very complicated and many times hopeless existence. — Lila Folster

Sexual (and Political Exploitation) of Children

From: The Libertian Standard http://www.libertarianstandard.com/2011/11/16/on-the-sexual-and-political-exploitation-of-children/

On the sexual (and political) exploitation of children

by on November 16, 2011 @ 1:39 am · 0 comments
Jerry SanduskyOf all the child sex abuse allegations levied against retired Penn State football coach Jerry Sandusky, none perhaps is more disturbing than the report that he used his non-profit foundation Second Mile to gain access to young boys — not only for himself, but for donors to his organization.  Sexually assaulting children is by itself a monstrous act to contemplate; the idea that they may be pimped out to others is nearly unfathomable.
Yet to hear the mainstream media report it might lead one to believe that the problem of child sexual slavery is reaching horrifying levels in the U. S., and while it’s certainly not something to be ignored, it’s also not the “epidemic” the alarmists — and especially law enforcement — have portrayed it as.
One example of this media-fueled hysteria is a report released in September 2010 by the Women’s Funding Network, which earned them a national spotlight, not to mention an invitation from a House subcommittee, before which WFN chief program officer Deborah Richardson breathlessly warned that child prostitution was “exploding” in the U. S. — anywhere from 20 percent in New York to 65 percent in Minnesota.  Lock up your daughters!
The study focused in particular on classified ad sites such as Backpage.com and Craigslist, whose adult sections, it claimed, were enabling the rapid expansion of the child sex trade.  Craigslist succumbed to pressure brought by numerous U. S. Attorneys and closed its adult section, but The Village Voice, whose parent company owns Backpage, decided to do its own review of the study, and found it was based on looking at the pictures of girls in sex ads on the Internet — and making assumptions that a certain percentage of those ads must be for underage sex workers.  There was nothing remotely scientific about the data acquisition or methodology; the research group almost literally made up most of the data.
Despite its questionable methods and conclusions, the study’s findings blew across the media landscape like a summer wildfire.  Its numbers were reported without any critical analysis in papers such as USA Today and the Detroit Free Press, and cited by actress (and sex trafficking activist) Demi Moore, whose Web site still links to the WFN study.
None of this means that the child sex trade doesn’t exist, or that there aren’t a lot more Jerry Sanduskys lurking out there.  But it does mean that publicizing bogus studies without any critical context can lead to bad policy decisions by lawmakers and law enforcement agencies.  And we end up with Megan’s Law and Jessica’s Law and the Adam Walsh Act and other ill-conceived laws, all named after dead kids to make them seem critical to civilization’s continued existence, and not the further expansion of state power that they really are.
The air had barely escaped an Orlando courtroom following the Casey Anthony trial, in which she was found not guilty of murdering her two-year-old daughter, before an activist began pushing for a “Caylee’s Law”, which would have made it a felony for parents not to report a missing child within 24 hours.  It is precisely during these times of high emotion, when sensationalized cases of crimes against children make headlines and inflame radio personalities, that such laws should not be considered.  For they often serve only to increase the power of the police state without doing much to protect their intended beneficiaries.  Politically popular and emotionally resonant they may be, but dead kids make for bad laws.
Raising awareness of social ills is important, but so is truth and justice, and the media serve neither when they engage in reporting that looks less like responsible journalism and more like alarmist propaganda for an ever-encroaching state.

Saturday, November 12, 2011

$142.42 a Day to Stay in CA Jails?

Riverside, California To Charge Prisoners $142 Per Day Of Their Stay


Jillian Berman
Huff Post

November 11, 2011
In one southern California county, prisoners will soon have to pay for the privilege of staying in jail.
Riverside County, California will start charging prisoners $142.42 per day of their prison stay, CNN Money reports. The county’s board of supervisors approved the measure on Tuesday as a way to save an estimated $3 to $5 million per year. Not every prisoner will be forced to pay up, however. The county will review each prisoner’s case individually to determine if they can afford the fee.
The fee comes as the California correctional system continues to struggle with budget woes. Last month, in an effort to save money, the state transferred responsibility for lower-level drug offenders, thieves and other convicts to counties. The “prison realignment” is one of many measures the state has taken in recent years to close its budget gap. The California Supreme Court is considering this week whether the state broke the law when it used re-development funds to close a shortfall a few years ago, according to the Wall Street Journal.
Read full report here

LA County Jail Out of Room

November 12, 2011

CA: "L.A. County jails may be out of room next month"


L.A. County jails may be out of room next month
The state law that shifts prisoners to local authorities means the Sheriff's Department may release thousands of inmates awaiting trial. A new way of identifying the least risky ones is in the works, Baca says.
By Andrew Blankstein and Robert Faturechi, Los Angeles Times
November 11, 2011
Los Angeles County's jails could run out of space as early as next month because of an influx of state prisoners, prompting officials to consider releasing potentially thousands of inmates awaiting trial.
The state's new prison law, which establishes a practice known as realignment, is expected to send as many as 8,000 offenders who would normally go to state prisons into the L.A. County Jail system in the next year.
Currently, defendants awaiting trial account for 70% of the jail population, but Sheriff Lee Baca said that might need to drop to 50%. The department is studying a major expansion of its electronic monitoring and home detention programs to keep track of inmates who are released.
Posted by lois at 10:16 AM | Comments (0)

Friday, November 11, 2011

Life Sucks! We Got to Deal With It

   Well, here I be at the library again. Got to work on this blog here since I don't have a computer at home. A home I Will be soon evicted from because of Jessica's Law in California. I will be joining thousands of RSO's on parole in CA that are forced to live on the streets due to residential restrictions. It's pure insanity! I've been running, living underground, and being sent to prison for over 20 years now. I'm tired. I'm 50 now and the rabbit has been run out of me. Breaking out of prison and jumping parole a dozen times I learn that it is possible to live totally off the grid, but it sure is stressful being a fugitive. I've also refused to register in the past. The last time was when Jessica's Law was passed by CA voters in 2006. I wasn't captured until 2008 and was sentenced to 4 more years in prison. Going to spend the day looking for a new hotel room to hold up in until I parole in 2013 and if I can't find anywhere to live, I'll be living in my van. Now that's going to be a nightmare. Making plans to live in my van already because in this county 75+ of the land mass is off limits to RSO's and I don't think any of the hotels here are left that we can live in. A couple weeks ago I was informed that all RSO's will be evicted at 4 hotels in my area because the city is building a park down the street. 10 years ago, I would have never even reported to the parole office or allow them to lock a GPS Tracking Shackle onto my ankle and I sure would not be registering. I'm old now and have been fighting The Sex Crime Witch Hunt for since 1985. I'm pooped. It's all so crazy. Get this, the thousands of RSO's on parole here and who were forced into homelessness are not allowed in any one spot for more than 2 hours because it maybe within 2,000 feet from a park, school, ect.... If a RSO in CA does stay in any one place for more than 2 hours they are sent back to prison. 2 hours in any one place is a crime in CA? It is now and has been since 2006. Homeless RSO's have to always be on the move and are constantly harassed, degraded, and humiliated by local police. The only place homeless RSO's are allowed to stay more than 2 hours at, is the bush they are sleeping under at night. I've heard that being homeless and having to change your location every 2 hours drives a guy crazy and most wind up back in prison. I've spent almost 17 years in prison and can deal with anything Here's some articles on my wrongful conviction:

  * The Jessica's Law Nightmare in California - His daily blog
     
http://jessicaslawnightmare.blogspot.com/


   *  Californians Against Jessica's Law
       http://nojessicaslaw.org/


   *  His life on the run
      http://runjamesrun2007.homestead.com/


   *  His 1995 extensive book on his wrongful conviction
      http://fathersmanifesto.net/falling.htm


   *  How to survive in prison as an innocent man
      http://www.ipt-forensics.com/journal/volume9/j9_3_6.htm


   *  Book review
      http://www.backlash.com/content/gender/1996/4-apr96/book04.html


   *  Letter to parole board (1997)
       http://www.backlash.com/content/gender/1997/7-dec97/safar07.html


   * Falling on The Deaf Ear
      http://oldcordovanpress.homestead.com/index.html


   *  Excluded Evidence by Cathy Young
      http://reason.com/archives/2002/02/01/excluded-evidence


   *  Mad Dog Rapist in Prison
       http://www.backlash.com/content/gender/1996/4-apr96/safar04.html


   *  Victim of the Feminist State
       http://www.backlash.com/content/gender/1996/7-jul96/safar07.html

Life Sucks! We Got to Deal with It. Why? Because WE Have NO Fucking chioce !

Wednesday, November 9, 2011

Imaginary Crimes

                      http://members.shaw.ca/imaginarycrimes/

    Imagine if you were suddenly arrested and accused of being a child molester.....

    • Imagine if little children, coached by therapists, got on the witness stand and said that you had done horrible things to them.....

    • Imagine if nobody believed you when you cried out that you were innocent....

    • Imagine if you were separated from your family and sent to prison for life....

    • Some people don't have to imagine. It really happened to them.

This website is dedicated to helping people who are still serving long prison sentences received during the "ritual abuse" panic of the late eighties and early nineties. During this time, scores of innocent people were accused by overzealous social workers and police of heinous crimes against children.
In time, the hysteria subsided and most people were freed from prison (although many had spent years in prison and had been bankrupted by the process).  It was discovered that the young children had been virtually brainwashed by the leading questions and repeated interrogations of social workers, therapists and law enforcement officials.  Therefore, their wild testimony about animal sacrifice, devil worship, travelling in submarines, secret tunnels, and flying to secret locations where they were molested were fabrications, mostly without a shred of truth.
But incredibly, some people still remain in prison, forgotten and powerless.
"I didn't like to think about what that could do to the soul of a human being, to have to sit in a prison cell day after day for a crime you had not committed. And nothing to look forward to at the end of a day but the knowledge of hundreds more days like the one you just endured."
-- Elizabeth Loftus, Psychologist

Tuesday, November 8, 2011

Three Strikes Reform

California Three Strikes Law Reform Is A Ballot Initiative For 2012

2011-03-16-Screenshot20110316at9.39.25AM.jpeg

By Ryan Gabrielson
A pair of Stanford University law professors spent months this year writing ballot language to narrow, ever so slightly, California’s three strikes sentencing law.
The result is the "Three Strikes Reform Act of 2012" [PDF], which is now under legal review by the state attorney general's office. It aims to remove courts’ authority to sentence convicts to 25 years to life in prison when their crimes have been neither violent nor serious.
At the same time, the initiative's backers argue this measure will ensure dangerous criminals remain incarcerated.
By protecting one piece of the three strikes law (life sentences for violent offenders), the proponents hope California voters will agree to discard another piece (life sentences for minor crimes).
That transaction shows the initiative's political vulnerability, said Arnold Steinberg, a Republican political strategist. "Their challenge at the margins is to prevent their effort from being seen as soft on crime," he said.Past efforts to change the three strikes law have failed that challenge. California's law, enacted by voters in 1993, is the only law in the United States that allows convicts to receive a third strike for any new crime, including petty theft.
The initiative's supporters intend to focus on the cost of long prison terms for minor crimes, said Dan Newman, a spokesman for the effort. Felons previously convicted of murder, rape and child molestation could continue to receive a third strike for any conviction.
"Frankly, it's built to win," Newman said. "It’s built so it restores what voters wanted when they voted for three strikes in the first place. And it does so in a way that allows us to put together a broad coalition of supporters."
That coalition is still under construction, Newman said.
Supporters expect to begin collecting signatures next month to secure a spot on the November 2012 ballot.
Steinberg said the list of supporters has to include conservatives and law enforcement to convince voters that the measure won't risk public safety.
"It cannot look like liberals from central casting," he said.
In 2004, Proposition 66, a ballot measure that would have dramatically changed three strikes, was defeated after California prosecutors made a late media blitz characterizing it as a mass release of dangerous criminals. Numerous top state officials lined up against the measure, including former Gov. Arnold Schwarzenegger and Gov. Jerry Brown.
Prop. 66 would have required that a third "strike" be a serious or violent crime and reduced the number of offenses deemed serious under state law.
Pre-election polls showed Prop. 66 was likely to pass before opponents claimed the measure could result in the release of 26,000 felons. Steve Ipsen, head of the Association of Deputy District Attorneys, produced a four-page flier that listed 10 violent convicts who Ipsen contended would be "eligible for release" under the proposition.
The lineup included a man who had "cut dog's head off," the flier states.
The Stanford professors, David Mills and Michael Romano, kept that political attack in mind as they drafted the current initiative.
"Those criminals who committed heinous acts are singled out in the reform language to ensure they receive no benefit whatsoever," Newman said.
Romano leads the Stanford Three Strikes Project, where law students work to reduce life sentences for convicts who received their strikes for minor offenses, like shoplifting or drug possession.
Ipsen, a prosecutor for the Los Angeles district attorney's office, said he agrees that three strikes has resulted in some outsized prison sentences. However, he opposes altering the law, as it means reducing prosecutors' discretion in how they charge their cases.
"It would be very unfortunate if that happened because I think discretion can be used properly," Ipsen said. "It has been getting better."
The law would not change for convicts receiving a second strike if voters approve the initiative.
There are more than 32,000 inmates with two strikes presently serving time in state prison, compared with about 8,800 with three strikes, according to California Department of Corrections and Rehabilitation data [PDF]. So-called “second-strikers” have their sentences doubled under the law.
Ryan Gabrielson covers public safety for California Watch, a project of the non-profit Center for Investigative reporting. Find more California Watch stories here.

Campus Hysteria

The Politics of Campus Sexual Assault

http://www.realclearpolitics.com/articles/2011/11/06/the_politics_of_campus_sexual_assault_111968.html

By Cathy Young
Nearly two years ago, in February 2010, University of North Dakota student Caleb Warner was thrown out of school with a three-year ban on reapplying after a campus disciplinary panel found he had violated criminal laws by sexually assaulting a fellow student. In fact, Warner was never actually charged with a crime in the justice system -- but his accuser, Jessica Murray, was. In May of the same year, the Grand Forks, North Dakota police department formally charged her with filling a false report after concluding its investigation. (Murray now resides in California and has never appeared in court to answer the charge.) Yet Warner remained banned from campus until last month, when he was finally reinstated after the indefatigable FIRE -- the Foundation for Individual Rights in Education -- interceded to publicize his plight.
Now, some politicians are pushing for measures that would create more such travesties.Warner was found guilty under a "preponderance of the evidence" standard of proof -- the lowest standard, under which a defendant is guilty if the disciplinary panel believes it is even slightly more likely than not that he committed the offense. Traditionally, most colleges have adjudicated charges of misconduct against students under the higher standard of "clear and convincing evidence" -- less stringent than "beyond a reasonable doubt," but nonetheless requiring an extremely strong probability of guilt.
Last April, however, the Office of the Civil Rights of the Department of Education undertook to change that, sending out a letter to colleges and universities on the proper handling of sexual assault and sexual harassment reports. One of the OCR's key recommendations was to adopt the "preponderance of the evidence" standard in judging such complaints.
While these guidelines supposedly reflect federal standards for Title IX sex discrimination cases, former Education Department attorney Hans Bader has argued that they are actually based on a basic misunderstanding of federal law. In Title IX cases, the “preponderance of the evidence” rule applies to an institution accused of violating the plaintiff's rights -- not to another individual accused of an offense.
The OCR letter sparked widespread controversy, with FIRE and other critical voices warning that its proposals could undermine both due process for students and accuracy in campus sexual assault investigations in order to obtain more convictions. Yet a number of schools, including major universities such as Stanford and Yale, quickly amended their procedural rules in response. A comment from Stanford Dean of Student Life Christine Griffith strongly suggested that concerns about violations of students' rights were not misplaced. If some were worried that the changes in the burden of proof might be unfavorable to the accused, Griffith told The Stanford Daily, it was "an opportunity for people to be saying to themselves, 'I need to be really educated about these issues because I don't want to find myself in this circumstance.'" In other words, it's up to potential defendants to be extra careful to avoid any ambiguous situation that might lead to a rape charge.
Now, a new effort is underway to strong-arm colleges and universities into compliance. The Senate draft bill reauthorizing the Violence Against Woman Act, sponsored by Sen. Patrick Leahy of Vermont, would require all schools that receive federal money to follow the OCR's guidance in disciplinary proceedings. What's more, this version of VAWA expands the OCR's recommendations so that the "preponderance of the evidence" standard must apply not only to complaints of sexual assault but also of domestic or dating violence and stalking. Non-compliant institutions stand to lose all federal funding, including their students' eligibility for tuition assistance.
While these rules apply only to campus disciplinary proceedings, not in criminal court, they are still likely to have grave consequences. A student found guilty of sexual assault in such a hearing faces not only expulsion from school, but the stigma of having committed a felonious act even if it is not prosecuted under criminal law.
Sexual violence on campuses is a real problem that, until fairly recently, was usually treated with not-so-benign neglect. Yet Washington's push to force colleges into taking a more aggressive stance is based on a highly inflated notion of an "epidemic" of campus rape. The OCR letter cited the recent Campus Sexual Assault study, commissioned by the National Institute of Justice, as evidence that one in five female students experience rape or attempted rape while in college. Yet the vast majority of the incidents in the study were related to "incapacitation" by alcohol or drugs rather than physical force -- and "incapacitation" was defined so broadly as to include impaired judgment. Not surprisingly, most of the women labeled as sexual assault victims did not see themselves as such, did not feel traumatized, and did not report the alleged offense because they did not consider it serious enough.
Unfortunately, much of the feminist "war on rape" has conflated sexual assault with muddled, often alcohol-fueled, sexual encounters that involve miscommunication, perhaps bad behavior, but no criminal coercion. As a result, the drunken hookups all too common on today's campuses can lead to devastating charges and penalties. (The accusations against Caleb Warner reportedly stemmed from such an encounter as well.) Should colleges promote responsible sexual conduct? Of course -- but not by irresponsibly misusing charges of rape or trampling the presumption of innocence. 

Cathy Young writes a weekly column for RealClearPolitics and is also a contributing editor at Reason magazine. She blogs at http://cathyyoung.wordpress.com/. She can be reached at mailto:%20cyoung@realclearpolitics.com

Meaning of CA Prisoner Hunger Strikes

What is the meaning of the California prisoner hunger strikes?

November 3, 2011

A statement in support of the hunger strikers

by Kevin Rashid Johnson
“If there is no struggle, there is no progress.” – Frederick Douglass
Rashid Johnson, self portrait
Six thousand six hundred California prisoners participated in a three-week-long hunger strike in July, seeking relief from unjust and inhumane conditions. In the face of California Department of Corrections (CDC) officials failing to honor settlement negotiations, the hunger strike resumed on Sept. 26, with nearly 12,000 prisoners participating in 13 of that state’s prisons.
It is a truism that oppression breeds resistance. Indeed, the Declaration of Independence enshrines the right and duty of the oppressed to resist their oppression.
In this era of capitalist oppression on a global scale, the hunger strike exhibits the very same humyn spirit, courage and outrage that drove millions across North Afrika and the Middle East this year to take to the streets in protest against oppressive governments. U.S. rulers, in the face of pretending to champion and support human rights, democracy and the demands for basic rights by people half a world away, can’t admit they practice abuses just as vile against their own subjects – right here in Amerika.
Hosni Mubarak, the U.S. puppet and Egyptian dictator who was driven out of Egypt by mass protests this year, was notorious for torturing his own people. But so too are U.S. officials. Indeed, one of the key protest issues of the California prisoners is the acute psychological torture of sensory deprivation in the CDC’s Security Housing Units (SHUs) – Pelican Bay’s SHU in particular. This torture can’t be honestly denied.
It has long been the game of U.S. officials, especially since the 2004 Guantanamo Bay and Abu Ghraib torture scandals, to pretend that psychological torture isn’t really torture at all. However, they secretly know the exact opposite to be true. According to torture experts, psychological – or “clean” torture – is the most destructive, sadistic and inhumane type of torture. Among the methods proven most effective is the very sort inflicted by design in the isolated cells of the SHUs, namely sensory deprivation.

According to torture experts, psychological – or “clean” torture – is the most destructive, sadistic and inhumane type of torture. Among the methods proven most effective is the very sort inflicted by design in the isolated cells of the SHUs, namely sensory deprivation.

Noted psychologist and torture expert, Dr. Albert Biderman, long ago found as to sensory deprivation, “The effect of isolation on the brain function of the prisoner is much like that which occurs if he is beaten, starved or deprived of sleep.”1 The very same U.S. Central Intelligence Agency that employed Biderman as one of its torture researchers and experimenters encoded these findings in its 1963 “Kubark Counterintelligence Interrogation” torture manual, confirming that:
1. The deprivation of sensory stimuli induces stress;
2. The stress becomes unbearable for most subjects;
3. The subject has a growing need for physical and social stimuli; and
4. Some subjects progressively lose touch with reality, focus inwardly, which produces delusions, hallucinations and other pathological effects.
This drawing by Rashid Johnson of Red Onion Prison, Va., has become the icon of California prisoner hunger strike solidarity.
What’s more, over a century ago the U.S. high court found and denounced the same in U.S. prisons, in the face of In Re Medley, 134 U.S. 150 (1890).2 These findings have been repeated in U.S. courts today in response to the conditions of SHUs and super-maximum security prisons that have swept Amerika since the 1970s, alongside massive imprisonment of the poor and people of color. In one case concerning Pelican Bay’s SHU, the California federal courts found “many, if not most, inmates in SHU experience some degree of psychological trauma in reaction to their extreme social isolation and the severely restricted environmental stimulation in SHU.” Madrid v. Gomez, 889 F. Supp. 1146 (1995).
So it’s no wonder thousands of prisoners have been driven to starve themselves in desperate efforts for exposure and redress and to show they are worthy of basic humyn rights and dignity.
But the typical response of officials is to discredit the resistance of those who suffer at their hands by villainizing (or “dirtying up,” as Johnnie Cochran used to called it) the victim. It was done to Civil Rights activists from the 1950s-1970s who opposed and exposed racism – U.S. officials projected them as fronts for foreign Communists and denounced as “Soviet propaganda” graphic photos of Southern lynching that appeared in world media.

The typical response of officials is to discredit the resistance of those who suffer at their hands by villainizing (or “dirtying up,” as Johnnie Cochran used to called it) the victim.

Whatever happens to be the popular official enemy and bogeyman of the day is the label used to discredit those who resist official oppression. During the Cold War, the “enemy” was Communists. Then it was terrorists. In the era of mass incarceration and ongoing persecution of Black and Brown youth, it’s gangs. These labels are used to provoke visceral reactions in the population at large of fear, hatred and consequent disregard for and alienation against the oppressed. And true to form, the hunger strike has been “dirtied up” as the work of prison gangs:
This drawing by Rashid is called “Control Unit Torture.” To see a mind-blowing display of his work – all of it done while he himself is being tortured in a control unit – go to http://rashidmod.com/art/. Rashid encourages the use of his art for free. You’ll find a drawing on almost every topic you care about. – Art: Kevin “Rashid” Johnson
“The CDCR has continued to lie about the hunger strike – saying it was organized by gangs and attacking representatives of the strikers and others, depicting them as the ‘generals’ of the prison gangs and the ‘shot callers’ who order other prisoners to engage in gang violence.
“Dolores, whose son has been in the SHU for 10 years, said, ‘If that is their [the prisoners’] way of thinking, then why did they just conduct a hunger strike willing to risk their own lives, to suffer on a daily basis in a nonviolent demonstration that spread across California prisons involving thousands and thousands of men crossing all racial lines? It’s because they are human beings. They do have dignity, and they want to be heard.”3
Not coincidentally, another of the hunger strike’s main protest issues is the CDCR’s labeling prisoners as gang members upon the flimsiest grounds, then confining them in SHUs until they “debrief” – that is, finger other prisoners as gang members to be thrown in the SHU. Thus the only way to leave SHU is as a known informant to be ostracized and targeted as such by others.

The real purpose of SHUs and Super-maxes

The true purpose of SHUs isn’t to control gangs and racial violence. In fact, the CDCR has long instigated and facilitated prisoner-on-prisoner violence. From the notorious “gladiator fights” – where guards at CDCR’s Corcoran State Prison set up prisoner fights, gambled on the outcomes and then shot the prisoners for fun, killing eight and shooting 43 just between 1989 and 1994 – to massive numbers of prisoner-on-prisoner clashes instigated and manipulated by the notoriously corrupt California prison guards’ union to generate public support for building more prisons to increase prison jobs and dues-paying membership.
In 1999, prisoners at the New Folsom Prison went on a hunger strike protesting being forced onto prison yards with rivals. CDC Ombudsman Ken Hurdle rejected negotiations, stating: “Then you’d have two groups normally aligned on the yard together. They would have only staff as their enemy.”4 This admits officials are deliberately facilitating prisoner-on-prisoner violence as a technique of prison control.
This is what they fear in the unity shown by the hunger strikers. And it undermines the disunity they need to project them as animals.
Officials welcome and incite gang violence. It creates jobs, justifies their oppression and enhances their “control.” Even Crips co-founder Stanley Tookie Williams, who was executed by the CDCR, exposed this.5)

Officials welcome and incite gang violence. It creates jobs, justifies their oppression and enhances their “control.”

More revealing is that then-California Gov. Arnold Schwarzenegger rejected massive international pleas to stay Tookie’s execution on grounds that Tookie dedicated his book, “Life in Prison,” to Black revolutionary George Jackson, who was murdered by CDC officials in 1971. Schwarzenegger said the dedication “defies reason and is a significant indicator that Williams is not reformed.” Which brings us closer to exposing the real reasons SHUs exist.
The actual “leaders” officials fear and who are the prime targets of SHUs and super-maxes are those who are politically conscious and prove able to unite prisoners across racial and other lines.
The proliferation of SHUs and super-maxes began with the Marion Control Unit, which opened in 1972, following the murder of George Jackson and the peaceful 1971 Attica uprising that officials ended with the coldblooded murders of 29 prisoners and 10 civilians and the systematic humiliation and torture of hundreds of prisoners, provoking international outrage.

The actual “leaders” officials fear and who are the prime targets of SHUs and super-maxes are those who are politically conscious and prove able to unite prisoners across racial and other lines.

Like the brutal government responses to mass protests in Asia and Afrika this year, when the prisoners of Attica took to the yard in protest, with grievances articulated and represented by politically conscious prisoners, the official response was murder and torture, then high security torture units. In one of the few admissions on record, Ralph Arons, a former warden at Marion, testified in federal court: “The purpose of the Marion Control Unit is to control revolutionary attitudes in the prison and in society at large.”6 Yet U.S. officials deny confining or persecuting people for political beliefs.
Created during the reign of George W. Bush, this drawing by Rashid, titled “Fascism,” foreshadows Occupy Wall Street. – Art: Kevin “Rashid” Johnson
In fact, Pelican Bay officials recently banned my own book, “Defying the Tomb,” as “gang material,” a book of political writings and art, which many readers and reviewers have compared to George Jackson’s writings, whose books CDC banned in the 1970s as well. And with the resurgence of prisoners’ political consciousness, they’ve recently begun confiscating this book as “gang material.” Like Nazi book burnings and concentration camps, the object is to censor and persecute political consciousness and revolutionary culture amongst the most oppressed peoples. And “gang” labels are used to “dirty up” the people, practices and ideas they seek to repress.
Just as I am confined in a remote Virginia super-max, under “special” conditions of a SHU because of my political beliefs and having co-founded the New Afrikan Black Panther Party as a party of the oppressed, so too you’ll find in these units across Amerika those who hold and practice revolutionary political views and affiliations that are supposed to be constitutionally protected, not persecuted. As the high court once proclaimed:
“Our form of government is built on the premise that every citizen shall have the right to engage in political expression and association. This right was enshrined in the First Amendment of the Bill of Rights. Exercise of these basic freedoms in America has traditionally been through the media of political associations. Any interference with the freedom of a party is simultaneously an interference with the freedom of its adherents. All political ideas cannot and should not be channeled into the programs of our two major parties. History has amply proved the virtue of political activity by minority, dissident groups ….”7
But contrast these political ideals with the political reality that such parties face at the hands of officials, as admitted by Justice Hugo Black: “History should teach us … that … minority parties and groups which advocate extremely unpopular social or governmental innovations will always be typed as criminal gangs and attempts will always be made to drive them out.”8)
This is the function of the SHUs like those that California’s prisoners are protesting, and the ones used as a weapon to censor and repress political consciousness.
Resistance to the oppression of these units is the meaning of the hunger strikes. Amerika’s oppressed and disenfranchised victims of modern penal enslavement and the New Jim Crow are struggling like those of generations past for recognition and respect as humyn beings. As a party of the oppressed, especially the imprisoned, the NABPP-PC stands in unity with the heroic struggles of California’s entombed and calls on all freedom-loving people everywhere to take up their cause.

Resistance to the oppression of these units is the meaning of the hunger strikes.

Dare to struggle! Dare to win! All Power to the People!
Rashid Johnson, a prisoner in Virginia, has been held in segregation since 1993. While in prison he founded the New Afrikan Black Panther Party – Prison Chapter. Rashid is also the artist who drew the image that has been used extensively during the strikes of arms linked in unity and a crossed out spoon and fork. His book, “Defying the Tomb,” with a foreword by Russell “Maroon” Shoats, has been banned as “gang literature” by Pelican Bay State Prison. It can be ordered at leftwingbooks.net, by writing to Kersplebedeb, CP 63560, CCCP Van Horne, Montreal, Quebec, Canada H3W 3H8, or by emailing info@kersplebedeb.com. Send our brother some love and light: Kevin “Rashid” Johnson, 1007485, Red Onion State Prison, P.O. Box 1900, Pound, VA 24279.

Rashid’s art and writing are featured in this video. – Video: Black Agenda Report

"Prison Hotels" in CA?


Riverside County, CA Wants Jails to Become "Prison Hotels," Without the Amenities

http://reason.com/blog/2011/11/04/pay-to-stay-prison

PrisonThe board of supervisors in Riverside County, California wants to start charging inmates rent. Supervisor Jeff Stone introduced an ordinance -- unanimously approved by the board -- that would charge prisoners about $140 for each day they serve in jail.
Stone told The Huffington Post:
If the parolee does not have liquid funds to pay, the County will put a lien against the property to receive payment when the property is sold. The County will do the same on the parolee's parents' property if that's the only way to get the money.
The $140 would also go towards expenses such as drug tests, medical care, parole costs, and even public defenders for inmates.
This policy would basically force prisoners to participate in a government monopoly. With no competition and the ability to compel "consumers" of its service, officials gain unilateral control in determining what services prisoners get and at what price, with no pressure to reduce or even maintain costs. Based on Stone's initial estimate, each prisoner would be paying around $51,000 a year for all the luxuries of jail. Texas prisons' public-private partnerships proves it can be done for cheaper, but don't count on diminished financial liability to bring about those sort of improvements.
Stone's ordinance would also result in disastrous conflicts of interest. He expects "the measure would bring in $3 million to $5 million a year. " When government officials have a monetary impetus for every additional prisoner behind bars, that creates an incentive for dubious convictions and arrests.
Incarceration already substantially diminishes economic mobility, hampering ex-prisoners' reintegration into society. Depriving prisoners of any remaining capital won't help.
A question for Stone: if prisoners don't pay their rent, will they be evicted?
Loads more Reason on criminal injustice here, here, here, here and here.

Friday, November 4, 2011

RSO Raid Overdue

   A couple weeks ago I found out that I am being evicted from my home and will soon be living on the streets because the city is building a park down the street from my hotel. I have 6 weeks to move or be sent back to prison. Currently I'm living in one of the only hotels that rent to people in my shoes in Santa Clara Co. I'm also waiting for the RSO's "Predator" Raid that happens every 5-6 months in this county. It is all so humiliating and degrading. The Raiders will bust thru my doors like I'm some kind of terrorist, put me in handcuffs, parade me out in front of my neighbors, then tear my room apart to look for god only knows what. It's all Bullshit. We know it and they know it. Joe Public doesn't know it though. He just knows what the media tells him. That the HUNDREDS of Millions of Dollars spent on The Sex Crime Witch Hunt in California every year is much needed to combat the hordes of child molesters hiding behind every bush here and that "they" need more taxpayer monies to make us truly "safe". The raids that they do in this county are usually televised to promote their propaganda and to beg for more and more funding. The local TV News broadcasters love these raids and will puppet anything laws enforcement tells them to say.  The last raid was covered by all 4 local news stations with my lucky mug filmed standing outside my hotel room in handcuffs for all the world to see. I remember back in the early 90's being beaten by guards and thrown into The Hole naked to rot. I decided then that the bastards can't take anything more from me, so fuck them and I became even more rebellious. Starting to get that "fuck it" attitude again. What the hell do I have to lose? I have nothing left and now the Nazis are forcing me into homelessness. The Sex Crime Witch Hunt is getting worse and worse. When I was released in 1998 for the first time after spending 10 years in prison on a false accusation things were pretty bad for RSO's. Now with Jessica's Law life is just below impossible, if not totally impossible. The Raiding Stormtroopers are coming anyday. I have only 3 words for The Sex Crime Witch Hunters who profit off of other's misery and lie to the public. FUCK ALL of YOU!