Thursday, January 25, 2007

Closing the Revolving Door

The United States is paying a heavy price for the mandatory sentencing fad that swept the country 30 years ago. After a tenfold increase in the nation’s prison population — and a corrections price tag that exceeds $60 billion a year — the states have often been forced to choose between building new prisons or new schools. Worse still, the country has created a growing felon caste, now more than 16 million strong, of felons and ex-felons, who are often driven back to prison by policies that make it impossible for them to find jobs, housing or education.

Congress could begin to address this problem by passing the Second Chance Act, which would offer support services for people who are leaving prison. But it would take more than one new law to undo 30 years of damage:

¶Researchers have shown that inmates who earn college degrees tend to find jobs and stay out of jail once released. Congress needs to revoke laws that bar inmates from receiving Pell grants and that bar some students with drug convictions from getting other support. Following Washington’s lead, the states have destroyed prison education programs that had long since proved their worth.

¶People who leave prison without jobs or places to live are unlikely to stay out of jail. Congress should repeal the lifetime ban on providing temporary welfare benefits to people with felony drug convictions. The federal government should strengthen tax credit and bonding programs that encourage employers to hire people with criminal records. States need to stop barring ex-offenders from jobs because of unrelated crimes — or arrests in the distant past that never led to convictions.

¶Congress should deny a request from the F.B.I. to begin including juvenile arrests that never led to convictions (and offenses like drunkenness or vagrancy) in the millions of rap sheets sent to employers. That would transform single indiscretions into lifetime stigmas.

¶Curbing recidivism will also require doing a lot more to provide help and medication for the one out of every six inmates who suffer mental illness.

The only real way to reduce the inmate population — and the felon class — is to ensure that imprisonment is a method of last resort. That means abandoning the mandatory sentencing laws that have filled prisons to bursting with nonviolent offenders who are doomed to remain trapped at the very margins of society.

http://www.nytimes.com/2007/01/25/opinion/25thu3.html?th&emc=th

Friday, January 19, 2007

Hearsay, Coerced Testimony Allowed in Prosecutions

Manual Gives Wide Leeway for Detainee Trials

The Defense Department has drafted a manual for trying detainees at the Guantanamo, Cuba, jail that would allow terror suspects to be imprisoned, convicted and executed on the basis of hearsay evidence or coerced testimony.

According to a copy of the manual obtained by The Associated Press, a terror suspect's defense lawyer cannot reveal classified evidence in their defense until the government has had a chance to review it.

The manual , sent to Congress on Thursday and scheduled to be released later by the Pentagon, is intended to track a law passed last fall in which lawmakers restored President George W. Bush 's plans to have special military commissions try terror suspects. Those commissions had been struck down earlier in the year by the Supreme Court .

The Pentagon manual could spark a fresh confrontation between the Bush administration and Congress, now led by Democrats, over the treatment of terror suspects.

Last September, Congress, then led by Republicans, sent Bush a bill granting wide latitude in interrogation and detention of alleged enemy combatants. The legislation also prohibited abuses such as mutilation and rape but granted the president leeway to decide which other interrogation techniques are permissible.

Passage of the bill, which was backed by the White House, followed more than three months of debate that included angry rebukes by Democrats of the administration's interrogation policies and a short-lived rebellion by some Republican senators.

The Detainee Treatment Act, separate legislation championed in 2005 by Republican Sen. John McCain , prohibited the use of cruel, inhuman or degrading treatment of prisoners held by either the military or the CIA. It was approved overwhelmingly by Congress despite a veto threat by Bush, who eventually signed it into law.

The Pentagon manual is aimed at ensuring that enemy combatants, the Bush administration's term for many of the terror suspects held at Guantanamo, "are prosecuted before regularly constituted courts affording all the judicial guarantees which are recognized by civilized people," according to the document.

As required by law, the manual prohibits statements obtained by torture and "cruel, inhuman or degrading treatment" as prohibited by the Constitution.

However, the law does allow statements obtained through coercive interrogation techniques if obtained before Dec. 30, 2005, and deemed reliable by a judge.

Almost 400 detainees suspected of having links to the al-Qaida network or the Taliban militia that once ruled Afghanistan still are held at the U.S. military prison at Guantanamo, which former Defense Secretary Donald H. Rumsfeld said was built to hold "the worst of the worst" terrorists; about 380 have been transferred or released. The Defense Department currently is planning trials for at least 10 suspects.

Democrats have said they would like to reconsider detainee legislation to deal with the possibility that the bill gives the president too much latitude to interpret standards set by the Geneva Conventions on prisoner treatment. They say the current law might deny detainees legal rights.

Democratic Rep. Ike Skelton, chairman of the House Armed Services Committee, said he planned to scrutinize the manual to ensure that it does not "run afoul" of the Constitution.

"I have not yet seen evidence that the process by which these rules were built or their substance addresses all the questions left open by the legislation. This committee will fulfill its oversight responsibility to make sure this is the case," Skelton said in a written statement.

Republican Sen. Arlen Specter and some Democrats have said the legislation will be shot down by the courts as unconstitutional because it bars detainees from protesting their detentions. Under the law, only individuals selected for military trial are given access to a lawyer and judge; other military detainees can be held until hostilities cease.

WASHINGTON (Jan. 18)
By ANNE FLAHERTY
AP

http://news.aol.com/topnews/articles/_a/manual-gives-wide-leeway-for-detainee/20070118133309990001?ncid=NWS00010000000001

Saturday, January 13, 2007

Tasers Under Fire After Police Kill 2

NEW YORK, Jan 13 (OneWorld) - The launch of a new electroshock device to be sold to the public--just days after two men were killed by police officers using similar products--has brought new calls for a moratorium on the sale and use of such instruments.

The new Taser C2 looks like a high-tech personal shaver and comes in several colors like an iPod--including electric blue. And it's designed to fit in a purse, to bring law-enforcement technology to consumers.

But that is precisely what worries groups like Amnesty International, which has renewed its call to suspend the use of Tasers by law enforcement--and the untrained public--until there are further independent studies of their safety.

On Tuesday, a police officer in Wilson, North Carolina, used a Taser on a 15-year-old high school student to break up a fight. The student was not injured, according to news reports. But last weekend, two men died in separate incidents after receiving Taser shocks by police.

"This is not a weapon to have on the streets," says Delia Hashad, director of the USA Program for Amnesty International, who notes that outside the United States and the UK, the single largest use of Tasers is for torture.

"People are led to believe that you take it out when you want to disable someone, and it's a good quick, harmless method," says Hashad. "But we still don't have independent comprehensive medical research on what a Taser weapon does to the human body."

Tasers fire "darts" connected to the device that send an electrical current through the area between the darts, temporarily paralyzing the muscles. In most cases, the action results in minor injuries, if any, such as cuts or bruises.

But Amnesty International USA is tracking what it says is a growing number of post-Taser deaths. News and police reports indicate there have been over 220 such deaths since July 2001, according to Hashad, who calls that a conservative figure.

Steve Tuttle of Taser International disputes this number. "We have been cleared in over 90 percent of the cases they [Amnesty International] refer to, and some are still pending."

Tuttle cites the company's numerous studies and feedback from police departments--Phoenix, Arizona and Orange County, Florida, to name two--showing Tasers have significantly decreased police shootings and injuries to officers and civilians alike.

But Amnesty International's Hashad is not convinced. "We're not saying it has not saved lives. What we're saying is that this weapon hasn't been adequately tested, and doesn't seem to be operating as the manufacturer claims it is."

There is some indication that people with very low body mass, certain mental illnesses, or pre-existing heart conditions--and those on certain prescription or illegal drugs--may react differently to Taser shocks.

Lorie Fridell, associate professor of Criminology at the University of South Florida, has studied police use of Tasers. "We try to identify which of the in-custody deaths occurred because of the Taser specifically, [but] we don't have all the information we need to identify those," she says.

Much of the existing research on Taser safety has focused on a "standard activation"--50,000 volts, 0.07 joules administered for five seconds. (By way of comparison: a cardiac defibrillator operates at about 360 joules per pulse, says Steve Tuttle of Taser International.)

This single, quick jolt may not reflect real-world use, where tense situations often lead to repeated activations or longer durations.

In addition, some of the studies--including a recent University of Wisconsin study funded by the Department of Justice--have been criticized for their connections to the manufacturer.

"The overwhelming majority of people who are Tased are fine. There is some group that we can't measure that are not fine," Fridell says. "The legitimate question is, will getting rid of Tasers save lives or cause more lives to be lost? I truly believe Tasers save lives."

Instead, Fridell says, police departments should establish stronger policies and more consistent training for officers on the appropriate use of Tasers.

Melanie Trimble, executive director of the New York Civil Liberties Union, Capital Region Chapter, agrees. She worries that the prevailing sense that Tasers are harmless may lead to misuse and abuse--particularly when the person on the other end of the dart is younger than 17, pregnant, or under the influence of drugs.

"Their behavior has to be significant and imminently dangerous to themselves or others before police ought to use Tasers," says Trimble.

There are no national standards for training; each police agency defines its own training requirements in accordance with the laws in that state.

As a result, police officers are instructed to use Tasers in different situations in different locales. Some agencies, like the Wilson, North Carolina police department that used the device on the 15-year-old student, call it a "low use of force"; others reserve it for more serious situations.

"Hopefully, the police department will put together their own format to make it their own, but for the most part the training is still being given by a representative from Taser," says Albert Arena, project manager in the Research Center Directorate at the International Association of Chiefs of Police (IACP). The association is among those that have issued training and use guidelines for departments.

Some states, like Florida, are beginning to address legislation of standards for procedures and training.

More concrete information on the safety of Tasers may also be on the horizon. A National Institute of Justice study is reviewing some 100 deaths after Taser use--including cases where medical examiners ruled that the Taser was not the cause of death. Preliminary results are expected in October.

"People don't think of America as a place where we put these types of weapons in the hands of police officers before we figure out what they do," says Amnesty International's Hashad. "Right now we're just learning from the news reports of deaths--and that doesn't make any sense."

Caitlin G. Johnson
OneWorld US
Sat., Jan. 13, 2007

http://us.oneworld.net/article/view/144906/1/


Related links

Amnesty International's Concerns About Taser Use
http://www.amnestyusa.org/countries/usa/document.do?id=ENGUSA20060328001

Police Brutality Caught on Video (American Friends Service Committee)
http://www.afsc.org/community/vision/april_2003/beyond_rodney_king.htm

Why You Should Care About the U.S. Criminal Justice System (CivilRights.org)
http://www.civilrights.org/issues/cj/care.html

Democrats May Rush To Shutter War Prisons

Party Leaders Say They'll Cut Funding

WASHINGTON -- House Democratic leaders yesterday outlined plans to try to force the Bush administration to close the Abu Ghraib prison in Iraq and the Guantanamo Bay detention facility in Cuba, taking aim at two sites that have sparked an international furor over the Bush administration's war policy.

Representative John P. Murtha, the chairman of the powerful Defense Appropriations subcommittee and a close ally of House Speaker Nancy Pelosi, said he wants to close both prisons by cutting their funding, "to restore our credibility worldwide." If he succeeds, it would force the administration to find a new location for high-value terrorism suspects.

"We have the role, as elected officials, to exert our influence through the power of the purse -- that's what it's all about," said Murtha, a Pennsylvania Democrat whose committee will hold hearings on Iraq next week. "We try not to micromanage the Defense Department, but I tell you, they need micromanagement. They're out of control."

The effort to close the prisons, which Murtha said Pelosi supports, illustrates how congressional Democrats are confronting the president over his war policies. The aggressive push to change the war's course has intensified after the president's address Wednesday night in which he announced plans to send an additional 21,500 troops to Iraq.

Democratic leaders will try to include the measure to close the prisons in a spending bill designed to pay for war operations, Murtha said. He acknowledged that closing Abu Ghraib and Guantanamo would be more symbolic than substantive. Abu Ghraib gained international infamy in 2004 after pictures emerged of US soldiers torturing and sexually abusing Iraqi prisoners there. The Guantanamo facility, which has housed Al Qaeda members and other terror suspects for more than five years, has emerged as a lightning rod for criticism of US policies in combating terrorism.

Numerous human rights groups and a United Nations commission have called for it to be shuttered, citing widespread reports of prisoner mistreatment. Starting last fall, Bush has used the prison as a holding place for suspects who were previously held in secret CIA prisons.

"My action is trying to restore credibility in the Middle East," Murtha said.

Bush has defended the detention center as a "necessary" part of the war on terror.

"I'd like to close Guantanamo, but I also recognize that we're holding some people that are darn dangerous and that we better have a plan to deal with them in our courts," Bush said in June.

A Pelosi spokesman, Brendan Daly, said the speaker isn't going to make a final judgment on whether the prisons should be closed until after Murtha's committee has hearings on the issue.

"She has encouraged him to look into it," Daly said.

Murtha's plan emerged as a new series of volleys over the president's war plans played out on Capitol Hill.

House and Senate Democratic leaders say they still hope to change the president's mind about the troop "surge" by passing a non binding resolution of disapproval in the coming weeks. But a growing number of Democrats say that -- because Bush is almost certain to ignore such a resolution -- more must be done to hasten the end of the war.

The most likely step, many Democrats say, would involve spending restrictions on the war budget.

"The non binding resolution is symbolic, and that's nice to do if you've got the time to do it," said Representative John F. Tierney, a Salem Democrat. But lawmakers have to use their power over the budget to stop the war, he said.

"That's where we're going to find out which Democrats and which Republicans are going to take a stand on this," Tierney said.

Though some Republicans are also skeptical of Bush's plan, they indicated they will resist Murtha's attempts to close prisons and control war policy.

"You can't conduct a war or a battle from the House chamber or a committee room," said Representative C.W. Bill Young of Florida, the ranking Republican on the Defense Appropriations subcommittee.

Still, in an indication of the president's waning support in Congress, House Republican leaders held a "listening session" yesterday morning to hear out GOP members' concerns, and Republican leaders have been invited to join the president at Camp David for further talks this weekend.

Bush yesterday made calls to King Abdullah II of Jordan and President Hosni Mubarak of Egypt to rally support in the Middle East. And for a second straight day, lawmakers grilled top administration officials about the plan on Capitol Hill.

Defense Secretary Robert M. Gates insisted that the White House has no plans to attack targets in Iran. He also said he believes that having more US troops in Iraq will succeed because Iraqi leaders say they are committed to reaching political settlements to pacify the nation.

"If they fail to do those things, then I think it's incumbent upon the administration and incumbent upon me to recommend looking at whether this is the right strategy," Gates told the Senate Armed Services Committee.

The White House got some support from Senator John McCain of Arizona, the committee's top Republican and a 2008 Republican presidential prospect. McCain said the troop increase will give Iraqis "the best possible chances to succeed."

But Senator Edward M. Kennedy, a Massachusetts Democrat, said the US mission has changed substantially since Congress gave the president the authority to destroy weapons of mass destruction and depose Saddam Hussein.

"Why not come back to the Congress? Why not come back and permit us to have a vote on this surge?" Kennedy asked.

Gates said he would pass that message on to the president, but "I think he feels that he has the authority that he needs to proceed."

That is driving much of Democrats' interest in forcing the president's hand. Kennedy and other Democrats have proposed keeping the president from sending more troops to Iraq by blocking the money he would need to do it.

Representative James P. McGovern, a Worcester Democrat, said he is preparing a bill that would go even further, cutting off funds for nearly all troops after six months and allocating only enough resources to provide for the "safe and orderly withdrawal" of US forces.

By Rick Klein, Globe Staff | January 13, 2007

http://www.boston.com/news/nation/washington/articles/2007/01/13/democrats_may_push_to_shutter_war_prisons/?page=2

Friday, January 12, 2007

The Gulag Of Our Time

This is a US Torture Camp

Evidence of prisoner abuse at Guantánamo is overwhelming - and it hasn't made anyone safer

It would be the ideal spot for a beachside birthday party. Surrounded by a turquoise sea, palm trees and white sand, the US detention camp at Guantánamo Bay in Cuba was five years old yesterday. Tony Blair calls it an "anomaly", but the evidence is overwhelming. Camp Delta, which still houses 470 men never convicted of any crime, is a torture camp. That should be the starting point of any debate about what is acceptable in the west's fight with Islamist extremists. More than 750 men have passed through the camp, with nearly half being released. Many prisoners, past and present, have given consistent and repeated testimony of serious abuses and ill treatment. There is also significant evidence from US officials and government documents of widespread abuse at the camp.

The British detainees known as the Tipton Three allege they were repeatedly beaten, shackled in painful positions for long periods and subjected to sleep deprivation. They were also subjected to strobe lighting, loud music and extremes of hot and cold - all meant to break them psychologically. Other detainees have suffered beatings, sexual assaults and death threats. At least one man has been "water boarded" - tied to a board and placed under water so that he had the sensation of drowning.

According to the Red Cross, the regime at Guantánamo causes psychological suffering that has driven inmates mad, with scores of suicide attempts and three inmates killing themselves last year.

Even US officials are shocked. Last week FBI documents revealed that an inmate's head had been wrapped in tape for quoting from the Qur'an. Another was humiliated for his religious beliefs and "baptised" by a soldier posing as a Catholic priest. The documents show FBI agents saw 26 instances of abuse in their time at Guantánamo. The FBI is highly sceptical about alleged confessions gained by its military colleagues. A May 2004 FBI memo branded intelligence gained from "special techniques" as "suspect at best". Indeed, one of the Tipton Three confessed to being in a video shot at an Afghan terror camp alongside Osama bin Laden - in fact, at the time he was working in an electronics store in the Midlands.

But the US should not shoulder all the blame. Some of the material from Guantánamo has been used by Britain's counter-terrorism agencies. In June 2003 Tony Blair told the Commons: "Information is still coming from people detained there ... That information is important." George Bush, his aides and the US military define what they have been doing as a special programme using special measures: their position appears to be that as long as blood is not drawn, it is not torture.

One official investigation found an inmate had been sexually humiliated and forced to perform dog tricks on a leash. It said the conduct was "abusive and degrading" but not torture. In a UK court hearing over Guantánamo, a senior British judge, Mr Justice Collins, declared: "America's idea of what is torture is not the same as ours." A UN report has confirmed evidence of torture, and Amnesty International has declared Guantánamo "the gulag of our time". Guantánamo is not the only US torture camp. Bagram in Afghanistan has been dogged by stories of abuse, and there are secret US prisons around the world where it is widely feared new horrors are occuring.

Human rights have been traded away in Guantánamo in the hope of gaining security, and it has not worked. One of the US's founding fathers, Thomas Jefferson, stated: "He who trades liberty for security deserves neither and will lose both." Adorned on the walls of the Guantánamo camp is its mission statement: "Honour-bound to defend freedom". After five years of Guantánamo, do you feel any safer?

by Vikram Dodd
The Guardian/UK

http://www.commondreams.org/views07/0112-21.htm

Thursday, January 11, 2007

Torture Inc.

Americas Brutal Prisons

Savaged by dogs, Electrocuted With Cattle Prods, Burned By Toxic Chemicals, Does such barbaric abuse inside U.S. jails explain the horrors that were committed in Iraq?

By Deborah Davies

They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for BBC Channel 4 . It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.

The prison guards stand over their captives with electric cattle prods, stun guns, and dogs. Many of the prisoners have been ordered to strip naked. The guards are yelling abuse at them, ordering them to lie on the ground and crawl. ‘Crawl, motherf*****s, crawl.’

If a prisoner doesn’t drop to the ground fast enough, a guard kicks him or stamps on his back. There’s a high-pitched scream from one man as a dog clamps its teeth onto his lower leg.

Another prisoner has a broken ankle. He can’t crawl fast enough so a guard jabs a stun gun onto his buttocks. The jolt of electricity zaps through his naked flesh and genitals. For hours afterwards his whole body shakes.

Lines of men are now slithering across the floor of the cellblock while the guards stand over them shouting, prodding and kicking.

Second by second, their humiliation is captured on a video camera by one of the guards.

The images of abuse and brutality he records are horrifyingly familiar. These were exactly the kind of pictures from inside Abu Ghraib prison in Baghdad that shocked the world this time last year.

And they are similar, too, to the images of brutality against Iraqi prisoners that this week led to the conviction of three British soldiers.

But there is a difference. These prisoners are not caught up in a war zone. They are Americans, and the video comes from inside a prison in Texas

They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for Channel 4 that will be broadcast next week.

Our findings were not based on rumour or suspicion. They were based on solid evidence, chiefly videotapes that we collected from all over the U.S.

In many American states, prison regulations demand that any ‘use of force operation’, such as searching cells for drugs, must be filmed by a guard.

The theory is that the tapes will show proper procedure was followed and that no excessive force was used. In fact, many of them record the exact opposite.

Each tape provides a shocking insight into the reality of life inside the U.S. prison system – a reality that sits very uncomfortably with President Bush’s commitment to the battle for freedom and democracy against the forces of tyranny and oppression.

In fact, the Texas episode outlined above dates from 1996, when Bush was state Governor.

Frank Carlson was one of the lawyers who fought a compensation battle on behalf of the victims. I asked him about his reaction when the Abu Ghraib scandal broke last year and U.S. politicians rushed to express their astonishment and disgust that such abuses could happen at the hands of American guards.

‘I thought: “What hypocrisy,” Carlson told me. ‘Because they know we do it here every day.’

All the lawyers I spoke to during our investigations shared Carlson’s belief that Abu Ghraib, far from being the work of a few rogue individuals, was simply the export of the worst practices that take place in the domestic prison system all the time. They pointed to the mountain of files stacked on their desks, on the floor, in their office corridors – endless stories of appalling, sadistic treatment inside America’s own prisons.

Many of the tapes we’ve collected are several years old. That’s because they only surface when determined lawyers prise them out of reluctant state prison departments during protracted lawsuits.

But for every ‘historical’ tape we collected, we also found a more recent story. What you see on the tape is still happening daily.

It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.

In one horrific scene, a naked man, passive and vacant, is seen being led out of his cell by prison guards. They strap him into a medieval-looking device called a ‘restraint chair’. His hands and feet are shackled, there’s a strap across his chest, his head lolls forward. He looks dead. He’s not. Not yet.

The chair is his punishment because guards saw him in his cell with a pillowcase on his head and he refused to take it off. The man has a long history of severe schizophrenia. Sixteen hours later, they release him from the chair. And two hours after that, he dies from a blood clot resulting from his barbaric treatment.

The tape comes from Utah – but there are others from Connecticut, Florida, Texas, Arizona and probably many more. We found more than 20 cases of prisoners who’ve died in the past few years after being held in a restraint chair.

Two of the deaths we investigated were in the same county jail in Phoenix, Arizona, which is run by a man who revels in the title of ‘America’s Toughest Sheriff.’

His name is Joe Arpaio. He positively welcomes TV crews and we were promised ‘unfettered access.’ It was a reassuring turn of phrase – you don’t want to be fettered in one of Sheriff Joe’s jails.

We uncovered two videotapes from surveillance cameras showing how his tough stance can end in tragedy.

The first tape, from 2001, shows a man named Charles Agster dragged in by police, handcuffed at the wrists and ankles. Agster is mentally disturbed and a drug user. He was arrested for causing a disturbance in a late-night grocery store. The police handed him over to the Sheriff’s deputies in the jail. Agster is a tiny man, weighing no more than nine stone, but he’s struggling.

The tape shows nine deputies manhandling him into the restraint chair. One of them kneels on Agster’s stomach, pushing his head forward on to his knees and pulling his arms back to strap his wrists into the chair.

Bending someone double for any length of time is dangerous – the manuals on the use of the 'restraint chair’ warn of the dangers of ‘positional asphyxia.’

Fifteen minutes later, a nurse notices Agster is unconscious. The cameras show frantic efforts to resuscitate him, but he’s already brain dead. He died three days later in hospital. Agster's family is currently suing Arizona County.

His mother, Carol, cried as she told me: ‘If that’s not torture, I don’t know what is.’ Charles’s father, Chuck, listened in silence as we filmed the interview, but every so often he padded out of the room to cry quietly in the kitchen.

The second tape, from five years earlier, shows Scott Norberg dying a similar death in the same jail. He was also a drug user arrested for causing a nuisance. Norberg was severely beaten by the guards, stunned up to 19 times with a Taser gun and forced into the chair where – like Charles Agster – he suffocated.

The county’s insurers paid Norberg’s family more than £4 millions in an out-of-court settlement, but the sheriff was furious with the deal. ‘My officers were clear,’ he said. ‘The insurance firm was afraid to go before a jury.’

Now he’s determined to fight the Agster case all the way through the courts. Yet tonight, in Sheriff Joe’s jail, there’ll probably be someone else strapped into the chair.

Not all the tapes we uncovered were filmed by the guards themselves. Linda Evans smuggled a video camera into a hospital to record her son, Brian. You can barely see his face through all the tubes and all you can hear is the rhythmic sucking of the ventilator.

He was another of Sheriff Joe’s inmates. After an argument with guards, he told a prison doctor they’d beaten him up. Six days later, he was found unconscious of the floor of his cell with a broken neck, broken toes and internal injuries. After a month in a coma, he died from septicaemia.

‘Mr Arpaio is responsible.’ Linda Evans told me, struggling to speak through her tears. ‘He seems to thrive on this cruelty and this mentality that these men are nothing.’

In some of the tapes it’s not just the images, it’s also the sounds that are so unbearable. There’s one tape from Florida which I’ve seen dozens of times but it still catches me in the stomach.

It’s an authorised ‘use of force operation’ – so a guard is videoing what happens. They’re going to Taser a prisoner for refusing orders.

The tape shows a prisoner lying on an examination table in the prison hospital. The guards are instructing him to climb down into a wheelchair. ‘I can’t, I can’t!’ he shouts with increasing desperation. ‘It hurts!’

One guard then jabs him on both hips with a Taser. The man jerks as the electricity hits him and shrieks, but still won’t get into the wheelchair.

The guards grab him and drop him into the chair. As they try to bend his legs up on to the footrest, he screams in pain. The man’s lawyer told me he has a very limited mental capacity. He says he has a back injury and can’t walk or bend his legs without intense pain.

The tape becomes even more harrowing. The guards try to make the prisoner stand up and hold a walking frame. He falls on the floor, crying in agony. They Taser him again. He runs out of the energy and breath to cry and just lies there moaning.

One of the most recent video tapes was filmed in January last year. A surveillance camera in a youth institution in California records an argument between staff members and two ‘wards’ – they’re not called prisoners.

One of the youths hits a staff member in the face. He knocks the ward to the floor then sits astride him punching him over and over again in the head.

Watching the tape you can almost feel each blow. The second youth is also punched and kicked in the head – even after he’s been handcuffed. Other staff just stand around and watch.

We also collected some truly horrific photographs.

A few years ago, in Florida, the new warden of the high security state prison ordered an end to the videoing of ‘use of force operations.’ So we have no tapes to show how prison guards use pepper spray to punish prisoners.

But we do have the lawsuit describing how men were doused in pepper spray and then left to cook in the burning fog of chemicals. Photographs taken by their lawyers show one man has a huge patch of raw skin over his hip. Another is covered in an angry rash across his neck, back and arms. A third has deep burns on his buttocks.

‘They usually use fire extinguishers size canisters of pepper spray,’ lawyer Christopher Jones explained. ‘We have had prisoners who have had second degree burns all over their bodies.

‘The tell-tale sign is they turn off the ventilation fans in the unit. Prisoners report that cardboard is shoved in the crack of the door to make sure it’s really air-tight.’

And why were they sprayed? According to the official prison reports, their infringements included banging on the cell door and refusing medication. From the same Florida prison we also have photographs of Frank Valdes – autopsy pictures. Realistically, he had little chance of ever getting out of prison alive. He was on Death Row for killing a prison officer. He had time to reconcile himself to the Electric Chair – he didn’t expect to be beaten to death.

Valdes started writing to local Florida newspapers to expose the corruption and brutality of prison officers. So a gang of guards stormed into his cell to shut him up. They broke almost every one of his ribs, punctured his lung, smashed his spleen and left him to die.

Several of the guards were later charged with murder, but the trial was held in their own small hometown where almost everyone works for, or has connection with, the five prisons which ring the town. The foreman of the jury was former prison officer. The guards were all acquitted.

Meanwhile, the warden who was in charge of the prison at the time of the killing – the same man who changed the policy on videoing – has been promoted. He’s now the man in charge of all the Florida prisons.

How could anyone excuse – still less condone – such behaviour? The few prison guards who would talk to us have a siege mentality. They see themselves outnumbered, surrounded by dangerous, violent criminals, so they back each other up, no matter what.

I asked one serving officer what happened if colleagues beat up an inmate. ‘We cover up. Because we’re the good guys.’

No one should doubt that the vast majority of U.S. prison officers are decent individuals doing their best in difficult circumstances. But when horrific abuse by the few goes unreported and uninvestigated, it solidifies into a general climate of acceptance among the many.

At the same time the overall hardening of attitudes in modern-day America has meant the notion of rehabilitation has been almost lost. The focus is entirely on punishment – even loss of liberty is not seen as punishment enough. Being on the restraint devices and the chemical sprays.

Since we finished filming for the programme in January, I’ve stayed in contact with various prisoners’ rights groups and the families of many of the victims. Every single day come more e-mails full of fresh horror stories. In the past weeks, two more prisoners have died, in Alabama and Ohio. One man was pepper sprayed, the other tasered.

Then, three weeks ago, reports emerged of 20 hours of video material from Guantanamo Bay showing prisoners being stripped, beaten and pepper sprayed. One of those affected is Omar Deghayes, one of the seven British residents still being held there.

His lawyer says Deghayes is now permanently blind in one eye. American military investigators have reviewed the tapes and apparently found ‘no evidence of systematic abuse.’

But then, as one of the prison reformers we met on our journey across the U.S. told me: ‘We’ve become immune to the abuse. The brutality has become customary.’

So far, the U.S. government is refusing to release these Guantanamo tapes. If they are ever made public – or leaked – I suspect the images will be very familiar.

Abu Ghraib, Guantanamo – or even Texas. The prisoners and all guards may vary, but the abuse is still too familiar. And much is it is taking place in America’s own backyard.

Deborah Davies is a reporter for Channel 4 Dispatches. Her investigation, Torture: America’s Brutal Prisons, was shown on Wednesday, March 2, at 11.05pm.
http://www.informationclearinghouse.info/article8451.htm

Wednesday, January 10, 2007

Free the Lucasville 5

In 1995 five innocent men were sent to death row in connection with the prison uprising in Lucasville, Ohio in 1993.

• Siddique Abdullah Hasan • George Skatzes • Jason Robb • Namir Abdul Mateen, and • Bomani Hondo Shakur (Keith Lamar) were convicted of capital
murder in relation to the deaths of a guard and nine inmates.

Four of the five were actually involved in negotiating a resolution of grievances and ending the uprising. The fifth, Bomani Shakur, was one who simply refused to talk.

None of the Five had any involvement in these killings or the decision to carry them out. Other inmates had their sentences reduced in exchange for perjured testimony, which some of them have now recanted.

When the African-American and specifically the Muslim defendants were on trial,
the prosecution appealed to racism and anti-Islamic prejudice.

They have been in solitary confinement for 13 long years
and their appeals are running out.

YOU CAN REVERSE
THIS TERRIBLE INJUSTICE

Demonstrate Jan. 14

2-4 pm outside the Ohio State Penitentiary (OSP) in honor of Dr. Martin Luther King’s birthday.

OSP is a supermax prison located
at 878 Coitsville-Hubbard Rd.,
Youngstown, OH.

Four of the Lucasville Five are held
in OSP as well as most of Ohio’s
189 other death row prisoners.

Transportation is being organized
from Cleveland. For bus reservations or more info, call (216) 481-6671
or email pfcenter@sbcglobal.net.

Tell Governor Ted Strickland of Ohio to overturn the convictions of all prisoners with charges related to the Lucasville rebellion.

TELL HIM TO HALT
THE EXECUTIONS
IN OHIO


Write to Gov. Ted Strickland
77 High Street, 30th Floor,
Columbus, Ohio 43215
FAX (614) 728-4819 or
call him at (614) 728-4900.



From Dr. Martin Luther King Jr.’s
1963 letter from Birmingham Jail:


“For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation- and yet out of a bottomless vitality they continued to thrive and develop.

If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands.”

Friday, December 15, 2006

Angel Diaz Execution Botched

Lethal Injection Halted in Calif., Florida

Botched executions in California and Florida that required more than 30 minutes to kill condemned prisoners prompted a moratorium of the lethal injection procedure in both states on Friday.

Federal Judge Jeremy Fogel found California's method of execution unconstitutional, concluding its "implementation of lethal injection is broken, but it can be fixed."

The decision follows the state's 2005 execution in which guards failed to connect a back-up intravenous line to Stanley "Tookie" Williams, the former Crips gang leader who garnered global publicity after writing anti-gang books.

Then on Wednesday Florida executioners botched the insertion of needles into condemned killer Angel Diaz, which meant lethal chemicals did not go directly into his veins, according to the state's medical examiner.

Florida's incoming governor, Charlie Crist, responded on Friday by saying he would halt executions until a commission investigated the state's procedures.

Death penalty opponents have for years argued that lethal injection is cruel and unusual punishment barred by the U.S. Constitution, but only such recent instances have given legal and political traction to their arguments.

"When properly administered, lethal injection results in a death that is far kinder than that suffered by the victims of capital crimes," said Fogel, who earlier this year visited the death chamber at San Quentin State Prison north of San Francisco.

"At the present time, however, defendants' implementation of California's lethal-injection protocol lacks both reliability and transparency," he wrote.

"In light of the substantial questions raised by the records of previous executions, defendants' actions and failures to act have resulted in an undue and unnecessary risk of an Eighth Amendment violation. This is intolerable under the Constitution."

Lethal injection is used in 37 U.S. states, but legal challenges have delayed such executions this year in not only California and Florida, the first and fourth most populous states, but several others including New Jersey and Ohio.

The United States has executed 53 people in 2006, a 10-year low, according to the Death Penalty Information Center.

THREE-DRUG DOSE

California has long executed its worst criminals. Its famous San Quentin prison hanged the condemned starting in 1893; the state turned to lethal gas in 1938. It turned to lethal injection in 1994 after a federal judge found gassing cruel and unusual.

Florida lawmakers voted to switch to lethal injection in 2000 after a series of bungled executions using the state's electric chair, including one where flames shot from a prisoner's head.

Executioners now typically attach two intravenous lines to condemned U.S. inmates, one tube acting as a backup to assure a continuous flow of the three chemicals that anesthetize, paralyze and then kill.

In the Williams execution, prison guards struggled for 25 minutes to insert the intravenous lines and it took another 10 minutes for the lethal drugs to take effect, said Barbara Becnel, a witness to the execution and co-author of Williams' anti-gang books.

Journalists at several recent California executions have seen guards struggle to insert the IV lines to the condemned killer.

Witnesses in Florida this week said Diaz appeared to grimace and gasp for breath in what was supposed to be a quick but painless procedure. Prison officials had to give Diaz the drugs twice and it took him 34 minutes to die from the start of the execution.

"The court I think correctly recognized that there are severe flaws in the system," said Richard Steinken, a Chicago attorney who has worked with Death Row inmate Michael Morales, whose case sparked Judge Fogel's decision on Friday. "Whether it can be fixed remains to be seen."

By Adam Tanner
SAN FRANCISCO (Reuters)

(Additional reporting by Jim Christie in San Francisco and by Michael Peltier in Tallahassee, Florida)

http://news.yahoo.com/news?tmpl=story&cid=578&u=/nm/20061216/ts_nm/usa_execution_dc_1