Locked Down, Locked Out by Maya Schenwar

Locked Down

I started reading Maya Schenwar’s book which is aptly subtitled “Why Prison Doesn’t Work and How we can do Better,” just as I was dealing with a loved one who was suffering from drug addiction behind bars. I knew all too well the feelings of “Just keep her in jail for God’s sake, maybe she’ll be safe and stop using.”

Schenwar begins this book with her sister’s addiction, and it is a good hook, a real way to draw us in, because the pain and frustration is so palpable.  She, like myself, a prison activist, knows all too well that prison or jail is hardly a place to detox — a hard cold floor, sometimes naked, sometimes screaming — hardly a place for the kind of safety we’d like for those we love.

But Schenwar’s sister’s struggle and her family’s excruciatingly painful experience of dealing with it is only her entry point into the story of incarceration. This saga, as she says, is borne by all who love someone locked up, although “this country’s most marginalized communities bear the overwhelming brunt of the devastation.” Locked Down, Locked Out is a heartfelt book which takes to task the “behemoth” often called “the prison industrial complex.” Prisons and jails are locking up 2.3 million people behind bars and Schenwar gives us stories as well as facts to illustrate its inner workings, while still managing to present us with hopeful alternatives to prisons.

Schenwar, who runs the website Truthout, is an accomplished journalist who has interviewed and connected with prisoners across the country. She gives us insight after insight as she takes us through snapshots of incarceration issues. As she says in her chapter entitled, “The Visiting Room,” connection to outside loved ones is necessary for prisoners. I paused, hurt welling up in my throat when I read “Even for the most dutiful visitors and appreciative visitees, prison feels like abandonment.” Not only does that ring true for my family member behind bars but for all the women I taught for ten years. How often they lingered at the steel door when I left my class for the evening with words like “Have a safe ride home.” I remember how I walked down a long hall, women fading into the distance as I exited the prison.There is no way for anyone involved in the criminal justice system to read this book without having such images float into your mind.

Schenwar also gives us words of prisoners who say how much mail means to them, images that evoke hope even in the form of the simplest post card. She talks of how families are bereft after their loved ones get sent away, along side the idea that many think by incarcerating lawbreakers, we are getting rid of the “bad eggs.” And she poignantly asks: “What exactly are we wishing for when we want someone close to us incarcerated?” This is a wonderful question, and one I hadn’t exactly thought of so was glad to hear her answers which are personal and human— for them to stop hurting, among them. But she knows too well that prison may not stop prisoners’ “spiraling” record or return them to fulfilling, happy lives. And in spite of the fact that one young man whom she interviews tells her, at least “You’re not gonna get shot here,” her search for answers for her sister and for others causes her to explore how can we keep people out of prison.

So what are Schenwar’s answers? While the book is a bit disjointed here, as she goes through her sister’s release, pregnancy, and a variety of programs, she does use her personal experience to enhance our understanding of her discoveries. One of the best, is how she points out the positive that comes from building communities for people who come out of prison or for people before they ever go in. She says “really effective treatment means bringing people out of isolation—not imposing more of it.” She points out ways people on the inside work with people on the outside through telling their stories. And she highlights some particular community-based programs that she has encountered from shore to shore, including her sister’s recovery house for previously-incarcerated mothers where her sister can stay with her baby.

It’s a hopeful way to end the book although, for those of us who live with someone always on the brink of a relapse, we know that addiction is not a problem easily solved. Schenwar promises no happy ending here. Heroin users get clean or they often die. This I know from my loved one’s addiction. But, while Schenwar shows how prison is not the answer to addiction, her dedication to a better world is inspiring, and convincing too: there are solutions to what often feels like despair.

Chris Tinson on Ferguson

Ferguson-Kids-1

Photo by Amanda Wills, www.mashable.com


Chris Tinson, a radio journalist and assistant professor of African American Studies at Hampshire College sent me a fascinating and important email about work going on in Ferguson. Here tis:
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“A couple of weeks ago I was able to travel with a group of students from my college to Ferguson to do some solidarity work down there. We connected with a range of youth, students, other out-of-town activists, elders, and organizers. Some of the local folk were connected to the Organization for Black Struggle, the St. Louis-based group that anchored many of the events at #FergusonOctober. Many others were just young people, fed-up and in the streets. Some were calling themselves Millennial Activists United, Tribe X, Lost/Found Voices, etc. They were poets, writers, students who’ve paused their education to struggle, workers who lost their jobs as a result of protests. Some of whom had been jailed for days during the August protests and are back in the streets, refusing to go home. As one young brother told me, ‘We can’t go home, because we ain’t got no homes to go to; this is our home.’ They are mad as hell, and righteously so.”

“Even as we all continue to watch intently for whatever shenanigans the county prosecutor is cooking up, in what looks like will not be an indictment but some sort of compromise verdict/decision, it remains to be seen what the other side of these events will look like. One thing is certain, there will be a new day, based off the infectious energy of the youth, in St. Louis. As I’ve said elsewhere: ‘Ferguson is Happening to America.'”

“It was clear from being there about 4 days that there was a bit of a rift between the older and younger generations, as well as between the clergy and the streets, even as many clergy put themselves strategically on the line and were arrested with many protesters. However, the generational divide isn’t as thick as first imagined. The older and senior black and brown folk from around the area know what this is about. Though they weren’t out in the streets chanting and facing down police at 2am, it doesn’t mean that they don’t understand the anger and want to pray everyone back to normal. All throughout FergusonOctober I witnessed multigenerational families marching, going to town halls, gathering and sharing information about protesters who had been arrested, or providing hot meals to protestors still in the streets long after the temperature had cooled.”

“Although the news is no longer reporting this regularly, there are still daily protests, daily actions, daily confrontations with police, who are hellbent on ‘maintaining order.’ But the youth and many adults are saying there will be no peace until there is justice. Were this anywhere else, I am willing to bet that folks would have been back to business as usual. But not St. Louis. The infectious energy that was on display and that is ongoing in a series of rolling protests, has ripped through a sleeping giant of a community with no intention of retreating or compromising anytime soon. Watch out though: there is an effort afoot to applaud them to death, congratulate them on the job well-done attracting the world’s attention to their frustration. They know that strategy well. It’s been happening to them all their lives while not being ignored. This is a new generation of justice seekers, and though they see themselves in the long history of social distress, student activism, and CR/BP politics these are not their only points of connection to history. They are makers of history, not appendages to it.”

“Many in Ferguson are citing the daily, routine, ritualized instances of brutality, violent indifference, and structural marginalization, including economic assaults on working class poor folk through the area’s ticket and warrant system, for example. Others cite the historical depletion of black middle class possibility due to white extraction of resources as deep sources of the changes underway in STL/Ferguson. A recent study by the Economic Policy Institute (EPI) entitled “The Making of Ferguson” indicts federal housing and social policies as the underlying causes that led up to Darren Wilson’s “legal” extinguishing of Mike Brown’s life. ‘The conditions that created Ferguson cannot be addressed without remedying a century of public policies that segregated our metropolitan landscape. Remedies are unlikely if we fail to recognize these policies and how their effects have endured,’ writes EPI research associate, Richard Rothstein. The takeaway: social structures are unlikely to change without a profound understanding and appreciation for the histories of government-sponsored anti-black social policy. Instead of accepting this fact as an explanation, many media outlets started and have begun anew the ‘what was wrong with Mike Brown’ line of inquiry. Could folk be anymore wrongheaded about this? And why is there no broad-based refutation of that new (old) strategy of blaming victims of white on black state violence?

“I know I may be preaching to the choir here, but the recent attempts to re-try Mike Brown (tried by bullets fired from Darren Wilson and now tried by the machinations of the grand jury process) mirror such attempts to re-try, re-accuse Assata Shakur, and the recent double-down on the effort to silence long-held political prisoner, Mumia Abu-Jamal. Despite this Mumia is still allowing his voice and insights as instruments of justice. Pennsylvania Governor Tom Corbett (GOP-FOP friendly) is on record recently saying that prisoners are prisoners because they’ve given up their Constitutional rights. Alright, Tom, if you’re that certain, then why not kill everyone imprisoned and save your tax-payers some dough? But of course, these officials are ‘civilized, law and order’ types. They know that they can only achieve and maintain order through physical, gratuitous, and legislative violence, rights be damned. All in the name of self-referential definition of democracy. For such folk, the law is a tool of violence.

“There is a dismal picture being painted here. I had a wild nightmare recently that black people were on display at museums; as something that used to be, used to exist; encased with a nice 5×7 gold-plated description of the specimen that told of its travails in the most innocuous, sterile language imagined so as not to alienate or generate any feelings of discomfort for docents, patrons, city officials, or well-to-do liberal teachers who’d be forced to explain to their fifth grade class of ten year old that ‘we used to have black people here, and then slowly they began to mysteriously disappear.’ When I awoke, the news was still on.”

“No doubt, I continue to fight the good fight for racial justice in our day; marking the small but significant victories of a convicted white shooter, an indicted cop, a federal probe here and there. But the overhaul we work towards is actively and productively offset by forces that profit off of the marginalization and civic death of black residents. These forces don’t always profit equally or materially, though these need not be ruled out.”

“In the meantime, we struggle. The youth demonstrating critical citizenship in the streets of St. Louis and at other hot-spots around the country, yelling at the top of their hoarse lungs at the government, ‘They think we a game; they think we a joke,’ have justice tattooed on their hearts and minds. They know what it is, though they’ve been kept from it, and they know that only through the power of their voice, tears, pain, energy and creativity and most of all their willing to risk their own comforts and safety, can anything that remotely looks like justice be achieved. They might not get justice, but they’ve enlisted themselves on the side of history that fought and will continue to fight for it. Seeing their example, we can do nothing less.”

Outtakes from the Josh Wall Vote

0908_h_WALL-300x160Parole Board Chair Josh Wall was confirmed to be a judge in Massachusetts yesterday. It was a 5-3 vote, certainly not an overwhelming sign of approval by the Governor’s Council, and certainly, for many of us—community activists, lawyers, families of parolees, incarcerated men and women, and educators— disappointing (see my columns below). Here are some of the things I heard councilors say, many of which were powerful and many, infuriating, and some, just plain wrong, as they told why they were or were not voting for Josh Wall. Included are also some details not reported in the press.

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It was interesting that Governor Patrick was there for this vote, in the antechamber outside his office where votes are held around a round table, crowded with onlookers, and in this case, reporters. In fact he made an entrance, as if this was a big deal. Usually it is the Lieutenant Governor, and Tim Murray, who resigned in 2013, and would have been a tiebreaker in any 4-4 vote. But the Governor does not vote, and who knows if he was showing up just to make sure all went well for his friend? Who knows if the reason he asked Oliver Cipollini to give the opening prayer was so that Cipollini might look good before the assembly after the Boston Herald article from that day? In that article, Howie Carr, intimated that since Cipollini was defeated in his reelection as councilor, he would get payback if he voted for Wall; he asked: “Now that the voters have spoken, are you looking for a soft landing in the hackerama?” There was also more about this on Fox news last night.

But it was business as usual, as Cipollini vigorously denied these allegations, exasperated and squirming in his chair—a new one Governor Patrick had just provided for him and fellow councilor Marilyn Devaney. The prayer he gave asked the Council to reflect on public safety and how the council plays its role in such. Hmmmmmm, I thought. That’s a prayer? Then before the usual order of business, there was the pledge of allegiance.

Two other judges before Wall were put forth to be voted on first, and Councilor Bob Jubinville, who had been vigorous in his disapproval of Wall, said ironically both times when it came up to approve the other judges, “I congratulate the Governor on his nominees, I didn’t hear one objection from any source, defense lawyer or prosecutor, about his character, his fairness, or his integrity on these nominees.”

Terrence Kennedy put forth Josh Wall to be judge. Christopher Iannella seconded. Thus everyone knew: two Yeses. The Governor then asked for comments.

The first to speak against him was Jubinville who said that what he heard in three days of hearings from Wall’s handling of all his work had convinced him to vote no. He cited Brady v Maryland as a decision on exculpatory evidence, the Willy Davis issues where Wall went behind the judge’s back to find out the criminal records of the jury leading to a trial in his favor, the patterns of Josh Wall’s behavior as a prosecutor including some attacks of him as racist, and as Parole Board chair, the overwhelming support against him. Someone must have suggested that this was a “conspiracy” because Jubinville said to suggest so was foolishness. He ended by citing the Carr newspaper report and saying that Wall does not have the temperament to be a superior court judge. His vote was No.

Next up was Jennie Caissie who said, “The opposition to this nominee is historic.” She said that it is not just the number of people who showed up but “the magnitude of opposition to this nominee.The spectrum of people who showed up cannot be understated.”  Again she noted the conspiracy theory that someone (Wall? the Governor?) had floated. Her concern included the Woodmans, victims whom she believed when they talked about treatment from Josh Wall. She said she had been contacted by former colleagues from the Suffolk District Attorney’s office, and one of them even used the word “God complex” in talking about Wall.

“I voted for Josh Wall twice,” Cassie said, but I think it takes a completely different set of skills to be a judge. “These are not disgruntled defendants or prisoner rights people,” but a variety of people “all drawing the same conclusion,” she said. She ended with probably the best quote of the day: “We keep coming back to the word arrogance. And once you put a black robe on a person, they don’t become less arrogant.” Her vote was No.

Eileen Duff managed to get facts wrong as she explained why she was voting Yes for Wall. She said that she had gone back and listened to tapes of the three-day hearing—this she said, is how she makes her decisions— and listened “to what the folks who came in said against Wall. And in listening to Patricia Garin’s testimony, I was really struck by two things.” Here is where Duff totally screwed up her understandings. She twisted Patty Garin’s words, absurdly saying Garin supported Cinelli’s release (Maybe she had said  he looked good at the time on paper, Ms. Duff? Parole is a man-made system, Ms Duff, and there will be mistakes, see my article here. The whole Board voted to release him). Wall based new systems on his Cinelli clean-up, yes, because Patrick was under fire. But no, Ms. Duff, you don’t know this: “If the parole rules Josh Wall had in place today, Cinelli never would have happened.” And she obviously did not hold much weight in the repercussions of the system that has been put in place by Wall and affected many parolees: Lifers wait months for decisions; our lifer paroling rate has gone down and this is against public safety. It was pretty clear that Duff didn’t believe the White Paper on Parole which laid out Josh Wall’s disastrous record, or did she believe any of the facts about the seven month delays in hearings getting word to parolees. Her vote was a resounding ring of support for Wall but maybe as much for Patrick. He did wish her Happy Birthday at the end of the hearing.

Marilyn Devaney’s testimony went on and on and on, and frankly she sounded as if she had been coached. Of course it is possible that she managed to research and believe all of the glowing things witnesses said about Wall and to disbelieve all of the witnesses against him. Her big phrase of the day was “character assassination” of which she spoke on and on, accusing all those who testified against Wall of lying: parolee Donald Perry, Reverend Jason Lydon, a law student — all lied. Since Wall also felt they lied, she seemed to be echoing his words. She also defended Wall on the accusation by esteemed attorney Willy Davis who felt Wall’s getting jury backgrounds was a “win at all cost” attitude. She said she was grateful for all those who contacted her in opposition and she tried to contact them back– but I tried and know of many others whose calls she did not return. She voted Yes. Cipollini voted Yes. 

Michael Albano had sent a letter in last week to the Governor indicating he could not support the nomination of Josh Wall. He did not give a speech.

It was amazing that a man who generated this much opposition–hearings that went on for weeks–after his nomination in July, stands as a superior court judge, confirmed in a bit less than a 2/3 vote, which is what a parolee in Massachusetts must get to be released. But whereas Wall feels unanimous decisions are good for the Parole Board, I am certain he was glad he didn’t have to have a unanimous decision here.

I would suggest letting your councilors know how you feel about their vote on Josh Wall. I, for one, will be working against my governor’s councilor (Duff) when her term comes up. It is important to follow some of these races because now there are many judges (13?) who still will need to be approved (or not) before the Governor leaves office.

The best news story is reporter David Boeri’s from WBUR http://jeantrounstine.com/wp-content/uploads/2014/10/news_1015_josh-wall-confirmed.mp3

But even that report doesn’t get into the impact this decision will have on our courts. Let’s hope for the sake of thousands of men and women who will come before him, that Josh Wall’s life from here on out tries to prove those who do not believe he will be a fair judge–wrong.