may 2012 graterfriends

Graterfriends ― A Publication of The Pennsylvania Prison Society ― May 2012

The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.

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A Publication of The Pennsylvania Prison Society

Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787

Volume 43 Issue 5 www.prisonsociety.org www.facebook.com/PennsylvaniaPrisonSociety May 2012

Disadvantaged Children to Disadvantaged Adults by John F. Nole, AF-0346, SCI Graterford

In this Issue

From the Editors, News ................................................. 2

Our Voices, Spotlight ..................................................... 3

Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4

Legislative Highlights .................................................... 5

Legal Chat ...................................................................... 6

Mailroom .....................................................................7-9

How to Return to State Prison from County Jail ..10-11

Think About It, Pass the Word .................................... 12

Literary Corner ............................................................ 13

Graterfriends Order Form, Announcements ............... 14

Crossword ..................................................................... 15

“The Last Word” by William DiMascio........................ 16

Too many children of the indigent

remain low priority on the scales of equal treatment.

Many juveniles who came through the Juvenile Court

system, were bound to stand trial as adults, and received

life sentences, may have experienced abuse by the sys-

tem without their knowledge. Violations of their consti-

tutional rights may have been the primary reason they

entered into an adult criminal system while still chil-

dren. Many, due to the introduction of illegally obtained

confessions, became witnesses against themselves. Often

ignorant of juvenile procedures and law, attorneys were

ill-prepared to provide adequate and meaningful repre-

sentation to their child clients, and waiver proceedings of

the juvenile courts merely went through the motions.

Lawyers were allowed to abandon their clients before

hearings even began. Abandonment by counsel left ap-

peals of procedural and statutory violations routinely

unchallenged and unpreserved.

Equal protection of the law is supposed to require judges

to adhere to and apply the principle of the law to every-

one fairly; however, this is not the reality. Where chil-

dren are at issue, they are often taken into custody, in-

terrogated by police, and statements taken and used

against them. In far too many instances there are no

adults or legal guardians ever present. In instances of

children being arrested, parents are supposed to, and

should always be contacted, yet such treatment and

practices remain visibly absent in the treatment of mi-

nors accused of serious crimes.

There are no advocates to retrieve these children’s

rights against such abuses. For those who were disad-

vantaged by the legal process, the care is in spirit, but

produces nothing in practicality. LWOP (Life Without

Parole) has been the fate of too many children. Are those

poverty stricken youth the exception to equal justice and

equal protection?

Too many children of the indigent remain low priority

on the scales of equal treatment, most particularly when

they are the children of the disenfranchised.

If equal justice is being graded on a curve, it appears to

be downward, where unprotected children are not so-

phisticated enough to understand what rights they are

forfeiting without adult guidance.

Children, who, under the law are in infant status, may

never have been provided the protection of being a child.

Behind closed doors, away from the public eye, with the

courts in consort, attorneys and prosecutors are allowed

to perpetuate judicial rape.

Failing to champion equal justice for all children, even

those who commit serious crimes, only fuels a fire of dis-

parity and widens the gap of unfair and unequal protec-

tion. Can we continue to allow the constitutional protec-

tions of our most vulnerable citizens, our children, to be

ignored? The answer should be NOT AT ALL.

http://www.facebook.com/pages/Pennsylvania-Prison-Society/152360631500372

www.prisonsociety.org


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From the Editors

Graterfriends is a monthly publication from the Pennsylvania

Prison Society. The organization was founded in 1787 and

works toward enhancing public safety by providing initiatives

that promote a just and humane criminal justice system.

This issue is made possible through contributions from our

readers and funding from Phoebus Criminal Justice Initiative

through the Bread & Roses Community Fund.

We reserve the right to edit submissions. Original submissions

will not be returned. We will not print anonymous letters.

Allegations of misconduct must be documented and statistics

should be supported by sources.

245 North Broad Street · Suite 300

Philadelphia, PA 19107

Telephone: 215.564.6005 · Fax: 215.564.7926

www.prisonsociety.org

www.facebook.com/PennsylvaniaPrisonSociety

EDITOR-IN-CHIEF: William M. DiMascio

MANAGING EDITOR: Mindy Bogue

EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer

FOUNDER: Joan Gauker

Letters more than a page in length (200 words) will not be

published in their entirety in Mailroom or Legal Chat Room,

and may be considered for another column. All columns should

be no more than 500 words, or two double-spaced pages.

To protect Graterfriends from copyright infringement, please

attach a letter stating, or note on your submission, that you are

the original author of the work submitted for publication; date

and sign the declaration.

If you have a question about Graterfriends, please contact

Mindy Bogue, Communications Manager, at 215-564-6005, ext.

112 or [email protected].

(See Public Health, continued on page 13)

News PUBLIC HEALTH AND CRIMINAL JUSTICE

ISSUES OFTEN INTERSECT

by Mindy Bogue, Graterfriends Managing Editor

“If we don’t provide ex-offenders with the opportunity

to have housing, how can we expect them to succeed?”

asked John Wetzel, Secretary of the Pennsylvania De-

partment of Corrections at the recent public health pan-

el: The Nexus Between Public Health and Criminal Jus-

tice. Along with Secretary Wetzel, the 200 attendees also

heard from Estelle Richman, Acting Deputy Director for

the U.S. Department of Housing and Urban Develop-

ment. A panel of five specialists on the subject of public

health also made remarks based on the keynote speeches

and answered questions from the audience. The event

was presented by the Public Health Initiative of the

Pennsylvania Prison Society.

Public health and criminal justice are rarely mentioned

in the same sentence. However, Amalia Isaa, Ph D, of the

University of the Sciences stated, “Criminal justice in

the manner it is currently carried out is a health issue in

its own right.”

Facts that were highlighted in the session include:

25 percent of former offenders are homeless upon

their release Their death rate is highest in the first

While we at the Prison Society have been busy plan-

ning our 225th anniversary of advocating for social jus-

tice, we continue to offer help and programming to those

who need it — prisoners, former prisoners, and their

families and communities.

We recently held an informative public forum about

the intersection of public health issues and criminal jus-

tice issues. It’s not a subject that is often talked about,

but we found that without help from public health insti-

tutions, ex-prisoners can find reentry into society very

difficult. Some of the findings from that forum, where

Secretary John Wetzel was a keynote speaker, may be

found in the article to the right.

Dante Overby of SCI Rockview has written a very help-

ful pamphlet for people who were sent to county jails

from state prisons. He is one of a few who was able to file

the correct paperwork to allow for his return to a state

institution. We have reprinted the information on pages

10-11; perhaps it can also help some of you.

The Pennsylvania General Assembly was in recess when

this newsletter was published, but recently a hearing took

place regarding Senator Greenleaf’s SB1153, tackling

changes to the Post Conviction Relief Act (PCRA). See

Legislative Highlights on page five for details.

Don’t miss Executive Director William DiMascio’s col-

umn on page 16. He writes about the evolution (or devo-

lution) of the commutation process in Pennsylvania.

http://www.portal.state.pa.us/portal/server.pt/community/department_of_corrections/4604/hide_secretary/618808

http://portal.hud.gov/hudportal/HUD?src=/about/principal_staff/estelle_richman

http://gradschool.usciences.edu/faculty/issa-amalia

http://www.facebook.com/pages/Pennsylvania-Prison-Society/152360631500372



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Spotlight Our Voices

DECARCERATE PA MARCHES ON PHILADELPHIA

by Cory Clark, Occupy Philly Media

On April 5, Decarcerate PA held a series of marches

and rallies in Philadelphia. Decarcerate PA was formed

in 2011 in response to the proposed $685 million expan-

sion of the Pennsylvania prison system.

SCI Graterford near Collegeville is set to have two new

state-of-the-art maximum security prisons built on the

grounds of the old one, with another scheduled to be built at

SCI Rockview — each costing about $200 million. Former

Secretary of the Department of Corrections Jeffrey Beard

initially proposed the expansion before he left the office.

Beginning at 2:55 p.m. in front of Governor Corbett's

Philadelphia office at 200 South Broad Street, members

of Decarcerate PA announced their Three-Point Platform

that calls on the governor and the state legislature to stop

building new prisons, reduce the number of incarcerated,

and reinvest that money into communities and schools.

At 3:30 p.m., they marched toward Philadelphia City

Hall. Continuing on to the Criminal Justice Center at

1301 Filbert Street, they met up with a rally for the re-

lease of Mumia Abu- Jamal. Pam Africa was speaking

about the activist/journalist’s recent release from death

row and calling for his life sentence to be commuted.

Members of several advocacy groups then spoke out

about prison conditions, juvenile life sentences without

parole (JLWOP), and mandatory sentencing policies.

“Mandatory Sentencing doesn’t allow for any mitigat-

ing circumstances,” said Atiba Kwesi, Executive Director

of And Justice for All, a program that helps former of-

fenders get their records expunged. “Prosecutors have

the power to impose mandatory sentences on people to

pressure them in to taking deals they otherwise would

not have taken.”

The day ended with a march to Love Park at 4:45 p.m.,

where they called for a “housing-first” policy so that

those without a home can be placed in an apartment re-

gardless of their mental state or addiction situation. The

reasoning is that it is easier for them to get needed treat-

ment if they are in a stable living environment.

Ironically, America has the highest persons per capita

incarcerated in the world – more than countries that are

considered to be the worst human rights violators.

INAPPROPRIATE BEHAVIOR AT SCI MUNCY

by Dana Lomax-Williams, OP-2743, SCI Muncy

I wish to expose some of the overlooked sexual violations

and injustices that we at SCI Muncy endure every day. One

issue is how we are searched by one of the male instructors

(who also is a supervisor) in the dietary department. It’s

understandable that policy mandates that we be searched

upon leaving the kitchen. However, for him to touch us in

inappropriate places is completely unacceptable. Many

women were fired after complaining about him. Most wom-

en already have pre-existing sexual abuse issues, and this

just makes them feel violated again. We complained to his

supervisor, and she concluded that it was appropriate. Are

you serious? I would love to see her searched — or perhaps

her daughter. Maybe then her views would be different.

Why can’t the female officers search us?

Not all staff are disrespectful in this manner. Most are

very respectful, but there are a few who are like the man I

mentioned. If we file a grievance, procedure demands that

we are placed in the hole or lose our bed date. If a prisoner is

on pre-release, it’s doubtful she will go that route. It is also a

well-known fact that officers and high officials have had

sexual relationships with the inmates, and some still are.

After successfully working in the dietary department

twice, I refused to be sent back there, explaining why I

did not want to work there. I was denied the opportunity

to work anywhere else. I wrote our programs coordina-

tor, our major, and our lieutenant — no one responded.

So, I wrote our Executive Deputy Secretary of Correc-

tions, Mrs. Shirley Moore-Smeal at Camp Hill. Miracu-

lously, I was called down to the security office by Cap-

tain Powley. He told me that I made a lot of paperwork

for him. REALLY! I asked him what he suggested I do if

I wanted to work. He told me to go back to the dietary

department, and excused me from his office. I wrote our

employment officer and was scheduled two different in-

terviews. Both were cancelled. The supervisor said he

was told NOT to hire me. So, does it really pay to exer-

cise your chain of command? You be the judge.

Editorial note: We have received other complaints of

misconduct at SCI Muncy, and have discussed them with

Nancy Giroux, Superintendent of SCI Muncy. We recently

received a letter from her in which she says:

"The origins of these recent complaints surround a re-

cent change to policy that subsequently led SCI Muncy to

hold training on proper pat search technique for all per-

sonnel who conduct searches. In addition to the proper

pat search technique staff is acutely aware that the popu-

lation they serve are often subjects of abuse."

We hope that, due to the proper training mentioned, the

number of these incidents have decreased.

http://decarceratepa.info/

http://www.freemumia.com/

http://www.phillytrib.com/localopinion/item/3401-pam-africa-an-extraordinary-activist.html

http://www.ajforall.com/


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May Birthdays

DEATH ROW

If you do not want your name published, send a letter to

Graterfriends each year you do not want it to be included.

Be sure to note your date of birth.

CROSSWORD SOLUTIONS

Below are the solutions to crossword puzzles printed in this

issue and the previous issue of Graterfriends.

Mrs. GE-6309 Time

by Reesy Floyd-Thompson

April 2012

SUPER SPOUSE SYNDROME

In the beginning of my husband's incarceration, I wrote

two to three letters a day. Anything he could have, I sent

in abundance. I sat by the phone and stalked the mail

carrier. I drove ten hours round trip every two weeks for a

one-hour visit. I ate, breathed and slept commissary, vis-

its, calls. I forwarded calls to my cell. I promised I would

always be there and doing so meant never missing a call.

One Sunday morning, I ditched my commitment to

lead worship to go home to retrieve my forgotten phone. I

missed a call soon after this. I was devastated. My ve-

neer cracked. I was always on the edge of a meltdown.

The proverbial “S” on my chest faded.

I was in the advance stages of “Super Spouse Syndrome.”

I overcompensated to make up for lost time and worse, to

keep up with the Joneses — prisoner wife edition.

Super Spouse Syndrome is easy to cure. Here’s what

you can do if you are trying to leap tall prison sentences

in a single bound:

1. Talk to your partner. Ask about expectations. You

may find you are doing far more than what he/she

requires. If two letters a week are acceptable and you

are writing five, let go of three. If you seek to do more

than what is necessary, examine the reasons why.

2. Learn to say, “No.” Stop creating impossible ide-

als; have a relationship not powered by incarcera-

tion. Ask yourself if it is realistic to do everything.

Don’t equate volume with love.

3. Push back peer pressure. People love giving ad-

vice. Keep the inner workings of your relationship

to yourself. (Note: The wives you are emulating

are probably in the midst of the syndrome and in

case you haven’t heard, the Joneses are faking it.)

4. Take a day “off”- Spend the day doing nothing.

Pamper yourself. Decompress from all things

prison-related.

Today, I write whenever I feel the need, whether one

letter a week or a month. I visit when finances allow and

our calls are more manageable. As a Super Spouse, I

tried to cram years into minutes. Now I use minutes to

create moments within the years. I cannot erase the ef-

fects of incarceration; therefore, I work within my limits.

However, I am not any less super. Ask my husband.

Reesy Floyd-Thompson is the founder of Prisoners’ Wives,

Girlfriends, & Partners (PWGP). For more information

about this group, please write Reesy at:

PWGP

P. O. Box 14241

Norfolk, VA 23518

May 2012

Michael Bardo

CP-9596, GRN

Richard S.Baumhammers

ET-8465, GRN

Stephen Edmiston

BC-7886, GRN

Leroy Fears

CQ-7760, GRN

Harve Johnson

JG-7444, GRN

Reginald Lewis

AY-2902, GRA

Noel Montalvo

FH-9391, GRN

Albert Perez

JB-2916, GRA

William Rivera

DN-4295, GRA

Manuel M. Sepulveda

FH-1368, GRN

Raymond Solano

FK-6135, GRN

Andre Staton

GR-3024, GRN

Patrick Jason Stollar

HM-3365, GRN

William Wright, III

DV-2181, GRA

GRA = SCI Graterford

PO Box 244

Graterford, PA

19426-0244

GRN = SCI Greene

175 Progress Drive

Waynesburg, PA

15370-8090

http://pwgp.org/



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Ann Schwartzman

Policy Director, The Pennsylvania Prison Society

Legislative Highlights

The Pennsylvania General Assembly is on recess for the holidays and then later for the upcoming elections. They are

considering several criminal justice bills and holding numerous hearings as the list below describes.

UPDATE ON SB1153: THE POST CONVICTION RELIEF ACT

A hearing on March 30 to hear testimony on SB1153 was sponsored by the Senate Judiciary Committee. SB 1153 was

authored by Senator Stewart Greenleaf (R-Montgomery County). It provides for changes in the timeframe of filing for

post conviction relief. The deadline would be changed from 60 days to one year from the date of the claim. If there is a

miscarriage of justice leading to a conviction of an innocent individual, there is no deadline. Some of the witnesses testi-

fying included: Marissa Bluestine, Esq, (Legal Director of the Pennsylvania Innocence Project), James McCloskey

(Founder and Executive Director, Centurion Ministries), Vincent Johnson (a former prisoner who was found to be inno-

cent of the crime for which he was imprisoned), and others.

UPDATE ON THE EFFECTS OF PARENTAL INCARCERATION ON CHILDREN:

NEEDS AND RESPONSIVE SERVICES

Another hearing on March 30 was sponsored by the Pennsylvania House Democratic Policy Committee to discuss the

report about children of incarcerated parents, based on SR 52 (sponsored by Senator Stewart Greenleaf) and HR 203

(sponsored by Representative Cherelle Parker). Members of the Committee were joined by other House and Senate

members, and City Council Member Marian Tasco. Witnesses included: Ann Schwartzman (Policy Director, Pennsylva-

nia Prison Society), Ann Adalist Estrin (Director, National Resource Center on Children and Families of the Incarcer-

ated Family and Corrections Network), Kathleen Creamer (Staff Attorney, Stoneleigh Foundation Fellow, Community

Legal Services), Keeva King (child of an incarcerated parent), Reuben Jones (Founder/Director, Frontline Dads and a

former offender), and several others.

BILL NO.

PRINTER NO.

DESCRIPTION CHIEF SPONSOR PPS POSITION

HB 1994

PN 3326

Amends Title 61 (Prisons and Parole) of the Pennsylva-

nia Consolidated Statutes, in Pennsylvania Board of

Probation and Parole, providing for the reduction of

sentence for certain minors under 18 when the crime

was committed and sentenced to serve at least 10 years

in prison, or received a life without parole sentence and

served up to three years on that sentence. (Referred to

House Judiciary 4/2/12.)

Rep. J. Preston D-Allegheny County

Support

HB 2187

PN 3066

Amends Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, in miscellaneous provisions, estab-

lishing the Pennsylvania Interagency Council on Inmate

Reentry. (Referred to House Judiciary 2/8/12.)

Rep. W. C. Thomas D-Philadelphia

County

Support

HB 2256

PN 3228 Amends Title 42 (Judiciary and Judicial Procedure) of

the Pennsylvania Consolidated Statutes, in sentencing,

providing for consideration of race in sentencing in capi-

tal cases. (Referred to House Judiciary 3/16/12.)

Rep. R. Waters D-Delaware and

Philadelphia counties

Support

http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1994



http://www.innocenceprojectpa.org/default.asp

http://www.centurionministries.org/

http://www.centurionministries.org/

http://www.prisonsociety.org/adv/PDF/Effects_of_Parental_Incarceration_on_Children_Dec2011.pdf

http://www.phillytrib.com/newsarticles/item/2699-lawmakers-advocate-for-inmates?-children.html

http://www.phila.gov/citycouncil/marianbtasco.html

http://www.prisonsociety.org/ldrshp/ldr_sd.shtml

http://www.prisonsociety.org/ldrshp/ldr_sd.shtml

http://www.fcnetwork.org/Resource%20Center/resource-center-main.htm

http://www.fcnetwork.org/Resource%20Center/resource-center-main.htm

http://www.clsphila.org/content.aspx?id=778

http://www.clsphila.org/content.aspx?id=778

http://theblacklistpub.ning.com/profiles/blogs/watch-reuben-jones-frontline


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When submitting a letter or column to Graterfriends

for publication, please remember to attach a letter (or

note on your submission) that it is for publication and

that you are the original author; date and sign the

declaration. Thank you.

Legal Chat

DISCRIMINATION AGAINST LGBT PRISONERS

I first would like to say “Hi” to all my fellow inmates.

My name is Juicy. I’m 25 years old. I am sharing some

information with my fellow LGBT inmates that will

help you if you need to file a grievance against staff for

abuse, harassment, or discrimination. This is known as

sex-stereotyping under 18 USCA Section 249: Hate

Crime Motivation. You can press charges because you

can get jail time on the street for acting out against us.

Next is under 42 USCA 1514: Harassment. That’s

another constitutional right you can use in your claims.

You can use 5 USCA 556: Due Process in your miscon-

duct appeals for being denied a fair hearing. All inmates

can use this information if they believe they are being

discriminated against. You must use this information

for yourself if you proceed to file in federal court against

state and federal officials.

The next issue is that we all need to come together as

one to fight for our rights because if we don’t fight for

them, nobody will. Keep strong and don’t let anyone

discourage you from doing what’s right and best for you.

William “Juicy” Coward

JS-6508, SCI Huntingdon

CAPTAIN KIDD COULD HAVE USED A LITTLE

BRADY VS. MARYLAND

Captain William Kidd, the purportedly notorious pi-

rate, was ultimately found guilty by jury for his alleged

crimes. He was sentenced to death by hanging in Eng-

land, 1669. A little known fact is that Kidd was first in a

succession of trials where he was found guilty of mur-

der. In his murder trial, an eyewitness testified to have

seen Kidd pacing the deck of his ship before deciding to

strike the victim with a bucket. However, in a previous

deposition, this same eyewitness had stated that he was

below deck when Kidd struck his blow; and, moreover,

he stated that Kidd had done so “in his passion.”

Surely, had the Crown’s tyrants been compelled to com-

ply with Brady vs Maryland (Supreme Court – [U.C.

1963]; Pa.R.CR.P #573[B]), and disclose these prior in-

consistent statements, the outcome of Kidd’s trial would

have been different. He probably would have been found

guilty of manslaughter, not outright murder.

In his subsequent trial for piracy, Kidd’s exculpatory

evidence — two French passes taken from the ships at

issue — were misfiled. Kidd complained of the unavaila-

bility of these passes, to no avail. These passes were later

discovered in the wrong file —TOO LATE, then. Captain

Kidd was dead, his corpse hanging in irons at the mouth

of the Thames river.

An additional bit of stark irony:

“In 1670, William Penn, future founder of Pennsylva-

nia, along with anther staunch Quaker, Henry Mead,

was charged with preaching to an unlawful assembly at

Friends Meeting House in Grace Church. The judge grew

so infuriated at Penn’s legal arguments he threatened to

have his tongue cut out. Against all odds, the jury came

back with a verdict of not guilty for Mead and found

Penn guilty of preaching, but not of the much graver

charge of holding unlawful assembly. The Lord Mayor

ordered the jury locked up overnight without meat,

drink, fire, or candle, ‘We will have a positive verdict or

you shall starve for it,’ he threatened. The jury was kept

an additional day and night but refused to change their

verdict; they were ordered locked up in Newgate until

they each paid a fine of forty marks (thirteen shillings).

(The Pirate Hunter: The True Story of Captain Kidd by

Richard Zacks, 2002 Hyperion Books, Page 357.)

It is most ironic then, that 340 years later the trial

courts here in “Penn’s Woods” systemically DENY with-

out reasoned opinion, every pro se defendant (as Penn

surely was) who petitions or motions the court. Anyone

who has taken the time as a pro se defendant to study

and fashion a meritorious legal argument (as Penn’s

surely was) in an attempt to vindicate his rights on his

own behalf — (after court appointed counsel has complet-

ed his purposeful tour of duty) has experienced this type

of tongue cutting by the trial court.

Randy Carl Hinckley

GE-9649, SCI Coal Township

http://supreme.justia.com/cases/federal/us/373/83/case.html

http://www.amazon.com/The-Pirate-Hunter-Story-Captain/dp/B000FVHJ6C/ref=sr_1_1?ie=UTF8&qid=1335886811&sr=8-1



7

Mailroom

(See Mailroom, continued on page 8)

here, we notice many are still with us; but we also realize

that many have passed away. Some of them are some-

where sick and looking for better days to come their way.

So, I pray for those who are still around and I say, “Keep

teaching and putting men and women on the right path.”

A lot of us are losing brothers and sisters in here. To be

straight with you, I cry, and tears fall from my cheeks. I

have constant thoughts and prayers for those precious

lives lost. We must keep in mind that they were fathers

and brothers and sisters and mothers. And, some were

more than that, you feel me?

So, I say to you: eat right, exercise and stay healthy so

you can have a shot at getting back to your family and

loved ones. If you can help it, do not die in prison. To the

others who already met this terrible demise, I say, “So

long, my friends.”

Vincent Boyd

AM8121, SCI Albion

PUNISHMENT ALONE IS NOT THE ANSWER

Editorial Note: Below is a copy of a letter that Mr. Lusik

sent to State Senator Stewart Greenleaf. Mr. Lusik re-

quested that we reprint it here in Graterfriends.

As an inmate of the Pennsylvania Department of Cor-

rections, I believe it is time for someone to investigate

the complete failure of the DOC to make pro-social indi-

viduals out of the current 51,000 incarcerated inmates.

The cold, harsh reality of the matter is that the state

and county prison systems are bursting at the seams

with parole violators and inmates who are being held

beyond their legal minimum sentences for lack of pro-

gram completion.

This matter has reached the point of being beyond all

hope. Let me be more clear. Inmates are placed on year-

long waiting lists to get into yearlong programs and then

are often expelled for petty violations, clogging the entire

system. Parole violators are mandated to do these pro-

grams on the street and are being likewise sent back to

prison for petty violations. (i.e. having a cell phone, late

curfew, etc.)

As a former District Attorney, you know well that an

inmate needs to be given a fair chance to grow under

circumstances that help create a positive change in atti-

tude. When inmates see their peers successfully complet-

ing programs and making parole, that encourages them

to do the same.

The addiction to the punishment mentality of the 1990s

must come to an end. Nationwide polls have found that

the public does not support a “lock ‘em up and throw

away the key” mentality.

David Lusik

CA-3760, SCI Albion

ANOTHER THOUSAND DOLLAR FIX FOR A

HUNDRED DOLLAR PROBLEM

For just over five months (at least 150 days) the food

cooler at SCI Greensburg was out of service. It broke

down again; it’s over 25 years old. The DOC rented a 48-

foot refrigerated trailer box that ran on diesel fuel.

Maintenance staff put 15 gallons of diesel in the tank

each and every day. Even if the DOC got the fuel for $3

per gallon, multiplied by 15 gallons, that’s $45 per day.

Multiplied by 150 days, that comes to $6,750, Plus, the

cost of the rental truck box. (These figures were very con-

servative, as it was closer to 169 days and $4 per gallon).

Within a week of my writing a letter to the editor of the

Harrisburg and Greensburg newspapers, repairmen

came and fixed the cooler, which I was told cost about

$450. This money could have been better spent providing

us with better programs and/or maybe a little more food

on our trays. I ask as many of you as possible to clip this

story and send it to the governor.

Darren R. Gentilquore

GX-1572, SCI Albion

SO LONG, MY FRIENDS

This is for all the men and women who come to prison

looking good and healthy but never make it back to their

loved ones. So, I say, “Farewell, my friends.”

It’s been nice knowing you and the wise and strong

words you have always found time to share with me. You

helped me see things in the right light, and along the

way you have always told me the real deal about every-

thing. So again, you will be missed.

I heard the bad news, and the pain hurt me deeply;

but, in life we all understand that we are born to die and

everyone has a turn. Just now it was yours. For those

who knew you and took the time to understand you and

the wisdom you had to share, they received something

invaluable. I say to you, “Thanks, my friend.”

Some would say that you’re at peace, but I will say

your journey has just begun. The Lord will take you from

here, so walk tall like you did here and you will be fine.

It’s sad to see so many people we call friends dying in

prison, but it’s happening at a fast rate in Pennsylvania

and across the country everyday. It’s so sad to come to

prison young and die old with nothing. It happens daily

in these warehouses.

When we as prisoners sit back and think of all those

who helped us along the way while we’ve been stuck


8


WHEN DO LIFERS GET A SECOND CHANCE?

Free your mind and heart of all the preconceived and

manufactured ideas about lifers. Lifers are misunder-

stood, underrated, ignored, and basically relegated to

being carried out of these institutions in body-bags due

to old age, loneliness, snuffed-out spirits, fatal diseases,

homicides, suicides, abandonment, and a lot of people’s

wishes for lifers’ instant and constant sufferings. This

goes against God’s will, especially for those lifers who

have made it a point to rehabilitate.

Lifers have accomplished much and still contribute

much as facilitators, leaders, mentors, and teachers to

many of the young and old lost, convicted souls.

Free your mind and heart of all preconceived and man-

ufactured ideas about lifers and come talk with us. Come

and see for yourself, why you should be advocating for

parole for lifers and not having them wasting tax dollars,

adding to these overcrowded institutions, and eventually

perishing inside these razor wire fences and sandstone

walls.

Deserving lifers should get that proverbial second

chance since there are 5,000 plus and counting. SE-

COND CHANCES! When do lifers get theirs? Especially

when lifers are less likely to recidivate?

Thanks for hearing us out. may God bless and keep you.

Ronald L. Smith, aka Baye Camara

AP-0580, SCI Coal Township

WRITE LETTERS REQUESTING IMPORTANT

CABLE CHANNELS

Recently, there was a letter in Graterfriends stating

that the Pennsylvania DOC Staff Assistant, Mr. Jeffrey

Witherite, had said, “We will take into consideration

inmates’ requests for changes to the channels provided

and will discuss possible changes when the contract is

renegotiated.”

I encourage all inmates to request that two channels —

i.e. PCN and a business channel — be included in any

new package. I realize that these two channels are not as

popular to us (myself included) as sports, music and movie

channels, but they are still important to us nonetheless.

PCN covers our state’s legislative sessions and commit-

tee hearings. It provides us knowledge of upcoming legis-

lation and concerns that directly affect our present situa-

tion, our future, our families, and our communities. It

allows us to have the awareness to be an active part of

Pennsylvania’s concerns, and thus be positive members

of change in our society. An added benefit is the coverage

of state sports championship games in which many of

our family members, friends and neighbors participate.

A business channel can be equally beneficial. Many of

us here already have an entrepreneurial streak. Unfor-

tunately, in the past this may have manifested itself in

something illegal because of a lack of knowledge of the

opportunities in legitimate enterprise. But we still often

talk about starting a business or investing for our fami-

lies’ futures. A business channel such as CNBC not only

offers information about markets, but also has program-

ming about starting one’s own business, financing one’s

goals, saving for the future, and planning for retirement.

Business channels also discuss economic trends and

developing job opportunities. Even though watching a

business channel may not always be your first choice, it

is hard to argue against having the option of one that

allows us to set more informed goals and objective for our

economic freedom. An additional advantage with CNBC

as a choice is that they also have Olympic Games cover-

age as well as travel specials.

I would hope that you would take the time to write and

voice your support for these two channels. Please try to

include honest reasons (such as those listed above) as to

why they would be important to you. If you agree with this

position, write. Just agreeing will probably not be enough.

Subramanyam Vedam

AK-7129, SCI Huntingdon

Editorial note: We recently received a memo from Mr. Jef-

frey Witherite to include in Graterfriends. The text is below.

To all state prison inmates:

The current cable TV channels that you receive are

what are contracted to the DOC. We understand that you

may have suggestions about channels you would like to

see added or deleted; however, at this time there are no

plans to change the current services that are of-

fered. Prior to any changes to the system being made, you

will be notified of the changes and of any price changes.

If you have further questions about the current cable TV

system line up or prices, those issues should be directed

to your prison administrators.

VISITS FOR PROFIT

In January 2012, I wrote to the Prison Society concern-

ing an article about the privatization (for-profit) of pris-

on video visitations. Since the Prison Society has been a

bellwether in virtual visitations (creating its own pro-

gram in 2001) I was seeking some firsthand information.

The Prison Society was aware of JPAY’s focus on corner-

ing the virtual visitation market but felt that for the

short term, at least, the present system was safe.

To my dismay, I read in the recent edition of Correc-

tional Forum that after a brief expansion of the virtual

visitation program, the Prison Society was forced to dis-

continue the service due to a lack of funding.

My concern is not so much the possible privatization of

the virtual visit service at all Pennsylvania State Pris-

ons by JPAY or some other enterprising profiteer, but

that the very real possibility exists that contact visits

http://pcntv.com/

http://www.cnbc.com/



9

could easily become a thing of the past as these would

compete with the “for-profit” venture of the contractor —

not to mention the guaranteed “kick-back” for the Penn-

sylvania DOC.

Of course this hasn’t happened yet, but the stars cer-

tainly seem to be lining up for it to occur. I’m just saying!

Preston B. Pfeifly

AK-7971, SCI Rockview

FORGOTTEN FAMILY VALUES

Everyone is quick to get the dollars together for pris-

ons. Everyone knows just how to build communication to

get talks together about housing inmates in other states.

We don’t focus enough, though, on family values. Welfare

is a loss if there’s no one to collect the check! Family val-

ues are all but forgotten. Centers for Disease Control

help families keep from being created by giving birth

control to women. People help keep families from being

created by abusing drugs and committing crimes.

What happened to the home? Where did the care for the

family go? Supporters for more prisons don’t see the trou-

ble with forgetting family values. All they see are the

dollar signs. “Who is the mother, and who is the father?”

It doesn’t matter. “Who is an inmate” is what the ques-

tion is. Now that we have a prison, who will support the

broken family? The parent is the inmate and the child is

the victim. It doesn’t matter who’s to blame. The focus

must return to family values or there will be no children.

Everyone will be inmates. Everyone will be victims.

RAS-I ALL-JAH-NOOH

HK-9886, SCI Chester

COMMISSARY

It is nice to hear you support us on the commissary

issues, soups which went up from 24¢ to 28¢. This seems

a bit much when on the street you can buy 10 or 12 for a

dollar at some stores, and $2.97 for 4 oz. of coffee. I un-

derstand they have to cover costs, but the DOC is mak-

ing pure profit off the prisoners and their families, when

the DOC is supposed to be a non-profit agency. It makes

me wonder how much of the price increases go to over-

head costs and how much goes to pure profit for the DOC

administration’s pockets.

I feel a happy medium can be achieved. Collect in-

mates’ dollars while encouraging free enterprise in Penn-

sylvania, giving work and tax dollars back to Pennsylva-

nians. We don’t need to rely on out-of-state companies to

provide commissary to our prisons. When jobs, tax dol-

lars, and fair pricing are kept in-state, everyone wins.

If the DOC can spend $500 for office chairs for the

COs, why can’t they afford to provide things like good,

fair commissary prices, corrective programs and educa-

tion to the inmates who are truly committed to bettering

themselves, not committing any new crimes and being

productive, law-abiding citizens?

But no, the DOC wastes dollars in making money off of

prisoners and their families and continuing to punish in-

mates for crimes that happened 5, 10 or even 20 years ago.

When is there going to be positive change that benefits

all: victims, society, and the prisoners who want to change?

Jessie Keith Blough

HQ-7572, SCI Albion

IN RESPONSE TO: MOTHER MARY

(FEBRUARY GRATERFRIENDS)

I agree with you, and I’m certain that there are many

other men and women within these institutions as well

as outside who want to take action to alleviate the extor-

tion that has been taking place with the phone system in

Pennsylvania. The DOC receives a 44.4 percent kick-

back, which amounts to $7.5 million! Where is this mon-

ey going, anyway? Anyone interested in this just cause

should write to:

Michigan Cure

P.O. Box 2736

Kalamazoo, MI 49003-2736

They will take some basic steps for achieving this goal.

If anyone else has any information to help this cause,

please provide it.

Michael Santiago

DW-6270, SCI Albion

ATTENTION VETERANS

We are now making preparations for our operations in

2012. We have completed an organizational chart which

depicts what services we will all benefit from. However,

we must get more people involved and we need more

donations. We are asking you to ask a friend or relative

to help us build and serve the incarcerated veterans, who

have criminal cases with merit, and need to be reviewed

by the Department of Justice. The time bar prohibits

veterans from appealing their cases.

We need to hire attorneys to represent the seventy-two

veterans who are on our mailing list. One veteran has

already told us, “Your best bet is to free a vet.” As you

already know, we must help ourselves, pull everyone

together and be committed to the mission — FREE A

VET. We need your help. Your five or ten dollars can

help hire an attorney to look into these cases. If everyone

pitches in and sends a donation, we will be that much

closer to getting a criminal defense/appeal team to repre-

sent the seventy-two veterans.

We will be addressing eight critical areas of operation:

legal research, transitional housing, transportation, VA

claims/benefits, finances, public relations, recruitment

and a mail clerk. We will attempt to fill these positions

at our next meeting. Until then, please have your family

members or friends contact us. And you can send your

donation to help with the operational expenditures. Ask

yourself, “What can I do to help?”

Melvin Dill, President

Veteran Legal Foundation Incorporated

http://www.november.org/razorwire/rzold/18/18006.html

http://www.veteranslegalfoundation.org/index.html


10


If you are a state inmate whose maximum sentence is

more than five years, and you’ve been sent to a Pennsylva-

nia county jail to serve that sentence, these step-by-step

directions can help you get back to a state prison. By fol-

lowing these steps, I was allowed to move back to a state

prison after I was sent to a county jail.

A. Understanding why you should not be committed

to a county jail to serve your state sentence:

If your maximum sentence is more than five years, you

must serve your time in a state facility. For example, I was

sentenced to 11½ to 24 years. My “maximum term” (or my

max) is 24 years, and that’s way more than five years. 42

Pa. C.S.A. § 9762 (a) (1) states that “(a) all persons sen-

tenced to total or partial confinement for the following

terms shall be committed as follows: (1) maximum terms

of five or more years shall be committed to the Depart-

ment of Corrections for confinement.”

Further, the Pennsylvania Supreme Court said that, “in

Allegheny County 1, we held that the DOC must accept and

confine all persons committed to its custody pursuant to 42

Pa.C.S. § 9762 (1), which encompasses persons receiving a

maximum sentence of five years or more, such persons are

committed to the custody of the DOC. In these cases, there

is not discretion to be exercised by the DOC; rather, the

legislature has directed where custody is to be vested and

the DOC has no choice but to provide placement in one of

its facilities for confinement.” (see County of Allegheny v.

Commonwealth of Pennsylvania, 544 A2D 1305, 1307-1308

[Pa. 1988], citing County of Allegheny v. Commonwealth of

Pennsylvania, 490 A2D, 412 [Pa. 1985]). So I was not sup-

posed to have been “committed” to a county jail to serve my

state sentence.

To reiterate, if your max is more than five years 42 Pa.

C.S.A. § 9762 (a) (1) applies to you, and you should not

have been committed to the county.

B. What you must do to get back to a state jail:

In order to address this issue, you must use both the

state and the county grievance systems. Both grievances

should state (using Clinton County Jail as an example):

“My commitment to the Clinton County Jail violates 42

Pa. C.S.A. § 9762 (a) (1), because § 9762 (a) (1) states that:

(see Section A for what § 9762 (a) (1) states)—REMEDY:

Please commit me to the Department of Corrections for

confinement as mandated by § 9762 (a) (1).”

Note: In the contract between the DOC and Clinton

County Jail, section 13 (B) states that “the County shall

forward to the Department [of Corrections] all such griev-

ances that pertain to the legality of the inmate’s detention,

sentence, transfer or alleged prejudice due to the inmate’s

incarceration at the county. The Department shall be re-

sponsible to further process and respond to such grievanc-

es. The County shall forward such grievances to the De-

partment within one business day of the time that they are

received by the County.” Be sure to mention this obliga-

tion in your county grievance!

Once you successfully complete the grievance process,

your next move is to file a writ of mandamus in the Com-

monwealth Court, asking the court to encourage the warden

to “commit you to the Department of Corrections for confine-

ment,” as mandated by § 9762 (a) (1). You must do the exact

same thing for the state grievance, but use the name of the

Superintendent of your state prison name as respondent.

In your mandamus, you must explain:

1. What Commonwealth Office or Officer (i.e. the DOC or

one of the Wardens)

2. What duty did they fail to perform (i.e. failed to commit

you to the DOC for confinement)

3. What right do you have to the performance of this duty

(i.e. 42 Pa. C.S.A. § 9762 (a) (1), which states…[see sec-

tion A of this article])

4. And what remedy you are seeking (i.e. to be committed

to a DOC facility “for confinement”)

C. What to do if your grievance is not answered in a

timely manner:

More than likely, both the warden of the county jail and

the superintendent of state prison will try to impede this

grievance process by failing to respond in a timely manner.

If this happens to you, like it happened to me, your next

move is to file a writ of mandamus to the Commonwealth

Court, asking the court to encourage whomever has not an-

swered your grievance in a timely manner to do so immedi-

ately. Again, you must address the four points that I de-

scribed at the end of Section B, but in the grievance context.

For example:

1. What Commonwealth Office or Officer is failing to re-

spond to your grievance

2. What duty did they fail to perform—they failed to an-

swer your grievance on time

3. You have to state what policy entitles your to a timely

response to your grievance

4. The remedy you are seeking is for the respondent to

answer your grievance immediately, otherwise your 1st

and 4th Amendment right to petition the court will be

impeded, in that, in order to seek court intervention, I

must exhaust my administrative remedies, and I can’t

do that if the respondent doesn’t respond.

Note: When filing your writ of mandamus, be sure to send a

copy to the respondent and a copy to the court via certified

mail, and keep one copy for yourself. This is to prove that

you sent it in case the copies get lost.

The address for the Commonwealth Court is:

Commonwealth Court

601 Commonwealth Ave.

Harrisburg, PA 17120

D. Challenge the conditions of your confinement:

I’ve been there and I know that everything from the law

library to the living spaces is nuts! You must file another

county grievance to address the conditions of your

confinement.

Because I know that the law library in my county jail does

not allow you access to 3rd Circuit case law (or any other

HOW TO GET BACK TO A STATE PRISON AFTER BEING SENT TO A COUNTY JAIL

By Dante Overby, GZ-5437, SCI Rockview



11

Circuit Court case law, for that matter), I’ve included the

conditions I’ve witnessed and complained about, and the

relevant case law that you should quote concerning those

conditions in your attachment to your grievance (because

everything won’t fit on the official grievance form). See

Appendix A.

Immediately after you file the county grievance about

these conditions, three people should be contacted:

1. The county commissioner responsible for overseeing

the your county jail. Send him a letter via certified

mail, putting him on notice about the conditions of your

confinement just in case you have to go to court. Keep

a copy for yourself.

2. Mr. Angus Love, Esq.,

The Pennsylvania Institutional Law Project

718 Arch St., Suite 304 S


Explain to him the conditions you’re living in, see what

kind of assistance he can offer, and request a copy of

the Prisoner’s Rights Handbook and the Jailhouse

Lawyer’s Manual. You’ll find all the case law you need

in them.

3. Graterfriends. The address is on page two of this news-

letter.

For the three months that I was in the county jail, I did

not receive one Graterfriends newsletter, and I’ve been

a member for at least four years. If this is the case with

you, contact Mr. William DiMascio at Graterfriends

and let him know that this is happening to you.

E: In closing:

Please see the following sections for a few document for-

mats for those who are not familiar with legal writing.

In case you don’t know, there’s strength in numbers, so

get as many people as you can to join you, even if that

means that just one of you will do the paperwork and just

one of you signs it. That’s what I did, and it worked for me

and everybody that signed.

Appendix A: Case Law About Conditions

Your second county grievance should address substandard

conditions. Some I have encountered are listed below:

Inadequate Law Library: My county jail law library

did not have case law from any of the Federal Circuit

Courts, and there was no “assistance from legally

trained persons” to file papers. (see Tillery v. Owens,

719 F. Supp. 1256, 1281 [W.D. Pa. 1989], citing Bounds

v. Smith, 430 U.S. 817, 828 ]1977]). This amounts to a

violation of your 1st and 4th Amendment right to access

to the court.

Inadequate Cell Space: A survey of the case law on

this issue reveals that 60 to 70 square feet per cell con-

stitutes the present ‘evolving standard of decency’ re-

garding cell space per inmate.” (see Tillery v. Owens,

719 F. Supp. 1256, 1270 [W.D. Pa. 1989], quoting In-

mates of the Allegheny County Jail v. Wecht, 699 F.

Supp. 1137, 1144 [W.D. Pa. 1988]). The two main cells

at my county jail are not 140 square feet, which is the

standard amount of space required for a two-man cell,

according to the above cited case law.

However, if you live in a dorm style setting, there is not

60 to 70 square feet of space per inmate. Just because

you are housed in a dorm doesn’t mean that you are not

entitled to “the evolving standards of decency.” (see

Tillery, supra.)

Inadequate Ventilation: One block at my county jail

had no ventilation inside the cells. “Insufficient ventila-

tion, which undermines the health of the inmates and

the sanitation of the institution, itself violates the 8th

amendment.” (see Tillery v. Owens, 719 F. Supp. 1256,

1271 [W.D. Pa 1989])

Unsanitary Showers: The shower floors at my county

jail, if they have not been fixed, have a dip in them

which allows water to puddle up over your shower

shoes, subjecting your feet to the germs and bacteria

from everybody that showered before you. This is un-

sanitary, and “sanitation is one of the basic human

needs guaranteed by the eighth amendment.” (see Till-

ery v. Owens, 719 F. Supp. 1256, 1271 [W.D. Pa. 1989],

citing Union County Jail Inmates v. DiBuono, 713 F2D

984, 984 [3rd Cir. 1983])

Appendix B: Document Formats:

1. Grievance Attachments:

The attachment to your grievance should begin like this:

ATTACHMENT TO COUNTY (OR STATE) GRIEVANCE #

-----------------------------------------------------------------------------

A. Mandamus

The beginning of your mandamus should look like this:

IN THE COMMONWEALTH OF PENNSYLVANIA

PETITION FOR WRIT OF MANDAMUS

Now comes YOUR NAME, Petitioner, to this Honorable

Court seeking a writ of mandamus, encouraging a Common-

wealth Officer to perform a purely ministerial duty of his/

hers.

MR. YOUR NAME attests to the following in support of

being granted a writ of Mandamus:

(and then explain the four points from Section B)

PROOF OF SERVICE

Your proof of service should look like this:

B. Proof of Service

I, YOUR NAME, hereby certify that I am this day serving

a copy of the forgoing document upon the below named Par-

ties via certified mail:

(The court and the respondent’s names go here, one on top

of the other, along with the type of mail service you used next

to their names, then sign and date the bottom of the page.)

Thank you Mr. Overby for taking the

time to put together this information and send it to Graterfriends so that we

may share it with others.


12


(See Choose One, continued on page 15)

Pssst… Pass the Word

Think About It

WILL PA. INMATES WORK TOGETHER TO

DECREASE THE PRISON POPULATION BY

BEING PART OF THE SOLUTION?

by Allen Ross, AJ-1152, SCI Greene

It was a cloudy, melancholy, dark day coupled with the

ambience of SCI Greene’s chow hall, silent and filled with

inmates eating breakfast. I was waiting in line to receive

my breakfast tray while I was conversing with an inmate

about how the prison system has changed during the

past couple of decades.

Essentially, only if inmates can stop being judgmental

toward other inmates can we alleviate animosity toward

each other. Then we can come together as a collective

whole to focus on the real problems of Pennsylvania’s

over-crowded prisons.

In the late 80s, the prison population was half of the

current prison population. Yet in the late 80s there was

unity among inmates as opposed to today. There is no

unity among inmates in Pennsylvania prisons, where

over-crowding conditions and other germane issues exist.

Pennsylvania has 26 state correctional institutions

that currently house 51,336 prisoners, which really ex-

emplifies Pennsylvania’s problem with over-crowded

state prisons.

We inmates, held in captivity in these state prisons,

have an arduous job ahead of us: we must convincingly

relay the adverse effects of coming to prison to young

people and adults in the general public. This task is not

easy to accomplish because of the rhetoric the populace

receives from the mass media and government officials.

State government officials have not alleviated prison

over-crowding problems in Pennsylvania.

Crimes in Pennsylvania occur every day, and our

young people are coming to prison with long sentences,

in addition to adults becoming wards of the state. Crime

victims are suffering the indelible effects of crime. This

will continue if we inmates do not set aside our differ-

ences to unite as a collective whole to decrease Pennsyl-

vania’s prison population. Each and every inmate in

Pennsylvania must get involved to change things in our

correctional institutions, to decrease the prison popula-

tion by keeping our young people and adults out of pris-

on, and to stop them from ruining their lives and becom-

ing wards of the state.

So, let’s make reducing the prison population a reality

in Pennsylvania. We can lessen the burden on the tax-

payers by becoming part of the solution.

JUST CHOOSE ONE OR THE OTHER

by David Allen, AP-9132, SCI Greensburg

With the addition last year of a new CAS at SCI

Greensburg (a transfer of staff from SCI Albion), the

facility’s Activities Department has undergone many

changes. Of note is the development of a rowing program

resulting in the construction of the first rowing room in

an area of the prison that had been the home of the pris-

on’s music instruction classes and various inmate treat-

ment programs. Later this year the Activities Depart-

ment opted to relocate its rowing program and renovated

a second rowing room in an abandoned classroom space.

The program, which I assume is somewhat costly (the

renovation of two separate rooms, eight rowing ma-

chines, air-conditioning, stereo system, television, furni-

ture, etc), is relatively limited and can only accept eight

of the facility’s inmates in its single class enrollment (a

per class participation of less than 1 percent of the pris-

on’s 1100 inmate population), causing some contention

among the residents of the institution, as funding and

staff availability for other programs has been reduced.

“So what if it costs them a lot,” some of the men have

argued, “it doesn’t cost us anything!” Sadly, the truth is

that it has cost the men dearly in ways they haven’t yet

recognized. As president of the facility’s inmate organiza-

tion I field daily complaints as to why one program and

event after another is either closed, canceled, or post-

poned, and I must explain that the staff is no longer

available to oversee those things because they have been

reassigned to supervise rowing classes now. “But,” the

men bemoan, “they are taking everything from us,”

pointing to the reduction in monthly envelopes, elimina-

tion of inmate overtime wages, discontinuation of some

of the treatment programs and the closing of the prison’s

visiting room on Tuesdays, Wednesdays and Thursdays.

Undoubtedly, the men have not yet understood that the

building, re-building, equipping and staffing of a rowing

program requires a great deal of both time and money

that has to come from some other places (i.e. other things

have to be cut or reduced). “Now they’re taking our

morning and afternoon recreation times and giving us

more stupid rowing instead,” the men lament as they

begin to see more of their favorite events gobbled up by

the rowing agenda, and I can only look at them in pity

and disbelief as I try again to explain, “You men (not the

staff) are the ones who keep signing up for the rowing

program; you men are the ones who thought that the

rowing program wasn’t going to cost you anything; you

men are the ones who made the prison’s Activities De-



13

Public Health, continued from page 2

two weeks after their release, often due to having no

home and no access to health care.

A large percentage of Pennsylvania’s current prison

population is nonviolent, behind bars for misde-

meanors.

In Pennsylvania’s prisons, 17 percent of men and 48

percent of women have diagnosed mental health

issues.

A specialty court helps determine VA benefits avail-

able for veterans so that they may better cope with

PTSD and other traumas suffered due to battle con-

ditions.

Five years ago 60 percent of the prisoners in the

Philadelphia Prison System were tested for HIV;

today 80 percent are tested. Twice as many cases of

HIV are now being identified and treated in jail.

Prisoners leave the Philadelphia Prison System with

at least five days of medication, plus a 15 day pre-

scription – if they can pay for it. Out of 5200 pre-

scriptions last year, only 37 were filled.

The incarceration rate for women has grown by 800

percent over the past twenty years. Most of these

women are in their 30s and 40s and in prison for

drug infractions and other nonviolent crimes.

Nearly 80 percent of the women entering SCI Muncy

have suffered various forms of abuse. A high propor-

tion of women enter prison suffering from PTSD and

various addictions.

Ms. Richman, focusing on public housing, said, “If

we’re going to make an impact on those coming out of

prison, we have to offer safe and affordable housing…If

we don’t spend now but spend three times as much in

the future, are we really saving taxpayers’ money?”

It was concluded that public health and criminal jus-

tice professionals must use science – empirical data and

theory – to determine who goes to prison and who may

qualify for alternatives to prison; the issue must be

looked at in a holistic manner.

In addition to the Prison Society, the University of the

Sciences in Philadelphia and LaSalle University’s Mas-

ter of Public Health Program sponsored the event.

Literary Corner

BIGGER BROKEN HOME

by Zechariah “True” Thompson, HV-3696, SCI Forest

In this cell I lay again to witness the time,

and time I have spent…in a cell and in my mind.

My thoughts race at a pace I can’t maintain,

my sanity in question, because I’m too numb to complain.

It becomes so loud here, so I drift into a zone,

only to be disturbed by the man on the speakerphone.

My pictures are bitter memories, of a once existed past,

now nearly ten years later, those photos are only ash.

I’m so afraid to change, because mistakes happen fast,

so I try to fight the future, to rectify my path.

I’ve become obsessed with metaphors, to avoid talking long,

addicted to relief, from a poem or from a song.

I’m so used to chaos, I sleep better in madness,

I wake up in this tragedy and write this rhyme in sadness.

I try to test God, to seek the proof of his wrath,

so I can believe and say, “I’m sorry” to the people at once

I laughed.

Maybe this is it. This sentence could be his will.

For a kid that killed a man, is given time to kill.

But I’ve labored for them, and shown my growth, but

never is it noted,

just bias looks and unjust treatment, shows the system’s

motive.

Easy to find what’s wrong, harder to find what’s right,

that’s what we live in.

Motions denied, too empty to cry. Not hard to fail, not

easy to win.

How long is long enough, for a man or woman who wants

a chance?

to prove they’ve changed, to show their love, and teach

their children how to dance?

This is how it feels, when you’re sentenced to be alone,

far away from family, in an even bigger broken home.

We need to correct some errors found in the March “Our Voices” column. The article entitled "Changes

Needed at Muncy" by Jessie Alexander had the following errors (in bold italics):

The second paragraph should read: What is offered within this institution is offered to those with an ex-

pected release date and not offered to the inmates serving life.

Part of the sixth paragraph should read: There is help from one long-time doctor's assistant but there are

always constant new ones who do not show concern nor bring relief from pain and illness.

We apologize for the confusion, and thank Jessie for letting us know.

http://www.usciences.edu/

http://www.usciences.edu/

http://www.lasalle.edu/grad/index.php?section=snhs&group=mph&page=index

http://www.lasalle.edu/grad/index.php?section=snhs&group=mph&page=index


14


NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue.

Make a check or money order payable to

The Pennsylvania Prison Society

245 North Broad Street, Suite 300


Prisoners may pay with unused postage stamps.

Name _________________________________________ Prisoner Number ______________ Institution _________________________________

Address ______________________________________________ City _______________________________ State _______ Zip ________________

Payment Amount _____________________________________ Payment Method _____________________________________________________

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subscribe just to Graterfriends for $3.

Support our mission and become a member!

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Student

$40 Regular Membership

$100 Friend of the Society

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$1,000 1787 Society

Preserving Your Claim Under the Prison

Litigation Reform Act (PLRA) is a new docu-

ment that was recently sent to all of Pennsylvania’s state

prison libraries. It was written by Alex Rubenstein, 2012

Candidate for J.D. at Rutgers School of Law-Camden. It

is intended to provide some background information on

the PLRA, and also explain how the law impacts court

claims filed while in jail or prison. Additionally, this

pamphlet explains how to properly follow the grievance

process employed by the Pennsylvania Department of

Corrections, in order to help protect any claims you may

bring relating to prison conditions from being dismissed

for failure to exhaust administrative remedies. Even for

claims that are not affected by the exhaustion require-

ment, this pamphlet should serve as a helpful tool for

correctly filing grievances.

If your law library does not have this pamphlet, please

contact Graterfriends (address on page 2).

Beccaria: A Chapbook Anthology by Aja Beech is once again available, for a limited time.

To order a copy, prisoners may send a check or money

order for $5 to:

Aja Beech

2445 Coral St.


Announcements

Solitary Confinement: Torture In Your

Backyard is a 20-minute film created by The Nation-

al Religious Campaign Against Torture as a resource for

congregations to learn about the destructive use of pro-

longed solitary confinement and to engage people of faith

to call for an end to prolonged solitary confinement in

their state. The film features several former prisoners

discussing the mental harm they endured as a result of

being held in solitary confinement. Sarah Shourd, one of

the three American hikers captured in Iran, who spent

14 months in solitary confinement also describes her ex-

perience. Additionally, the film highlights how the reli-

gious community in Maine helped secure a drastic reduc-

tion in the number of Maine prisoners held in solitary

confinement. The film is available online and DVDs can

be ordered for $5. Faith-based discussion guides are also

available on the website. Go to www.nrcat.org/backyard

for more information and to view the film.

Life Support for Women with an

Incarcerated Loved One will not be meeting

in May, but will meet again on June 12.

This is a support group for women looking for a safe

place to share feelings and concerns about incarcerated

family members. The group usually meets the second

Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at

the Pennsylvania Prison Society: 245 N. Broad Street,

3rd Floor, Philadelphia, PA 19107 (Race-Vine station,

across from Hahnemann Hospital).

Please note:

For more information:

Mason Barnett, 215-564-6005, ext. 106 (Prison Society)

Desiree Cunningham 215-758-5877 (Support Group

questions only)

http://www.enotes.com/topic/Aja_Beech

http://www.nrcat.org/index.php?option=com_content&task=view&id=591&Itemid=418

http://www.nrcat.org/index.php?option=com_content&task=view&id=591&Itemid=418

http://www.prisonsociety.org/Whats_New.shtml



15

Oink, continued from page 16

Easy Crossword #16 by Dave Fisher (puzzles.about.com) For solution, see page 4.

Choose One, continued from page 12

Nowadays, however, it has become routine for the

Board of Pardons to reject clemency applications for indi-

viduals who have served 35 or 45 years or more, who

have earned endorsements from their prisons, who have

developed marketable job skills to support themselves

and who have put together positive home plans.

In the case of 70-year-old William Smith who has been

in prison for 44 years for his part as an unarmed accom-

plice in a robbery where a check cashing agency owner

was fatally shot, his appeal met a quick end. Smith has

spent his years studying and earning an associate’s de-

gree in business and a journeyman license as an electri-

cian. Currently he is studying to become a minister. He

might have a better chance of becoming the pope than he

does of convincing certain members of the Board of Par-

dons to support his plea for “early” release so he can live

out his years with his brother, a retired Philadelphia

police officer.

Interestingly, no one from the victim’s family was pre-

sent at the hearing to suggest that Smith be kept in pris-

on. No one from the office of the state Victim Advocate

spoke against him either. Nor was anyone there from the

District Attorney’s office. Usually at least one of these

parties speaks against clemency.

Smith’s appeal was supported by the psychologist, the

corrections expert and the victims representative on the

Board. The attorney general was absent. But the lieuten-

ant governor gave a resounding, if totally incomprehensi-

ble, defense of his rationale for voting no. It only takes

one negative vote to deny a commutation appeal and it

almost always is the lieutenant governor and/or attorney

general – the two elected members of the Board – who

cast the no votes.

How truly ironic it is that amid such lushly appointed

surroundings mercy can be denied by the stingiest and

most politically motivated spirits. Perhaps this temple

needs one more mural: one that depicts the values of

humanity crushed by the gods of personal ambition.

Regardless how you dress it up, it’s still a pig.

partment staff think that all of us would rather have row-

ing classes instead of the other things — by signing up for

rowing, you have not simply lost the other programs, you

have traded them away for the rowing program.”

Men of SCI Greensburg, hear me one last time! Com-

plaining to me does not do any good. Believe me, for over

a year I have consistently pleaded on your behalf — I am

just one voice and they have grown weary of listening to

me. But there is a simple solution to your problem: If you

like the way things are going, then by all means, row on

brothers, row on! But if you want different events and

programs instead of rowing, just stop signing up for the

rowing classes! The choice is yours; all you have to do is

just choose one or the other.

Across

1. "__ Doubtfire"

4. Crescent point

8. Flight formation

11. Battery size

12. Away from port

13. "See you later!"

14. Here, in Quebec

15. The latest

16. Warning device

17. Hold up

19. Peacock's pride

21. Worried

25. Sidekick

28. Light-weight boat

30. Award bestowed by

Queen Eliz.

31. Roam (about)

33. Larry King employer

34. Transfer

37. Achieve

40. "__ Over The Rainbow"

42. Charge

43. Church leader

47. "The __ Must Be Crazy"

49. __ fixe (obsession)

52. Altar vow

53. "Leaving On __ Plane"

Peter, Paul & Mary hit

54. Genie holder

55. Back then

56. Lith. or Ukr., once

57. "The Dukes of Hazzard"

spinoff

58. Court call

Down

1. Motel employee

2. Ethnicity

3. Go by air?

4. Grand, e.g.

5. Employ

6. Stitch up

7. Cut and __

8. Element of many Bruce

Willis films

9. It may be pierced

10. Many, many moons

13. Most populous country

18. Behave

20. ___ de Triomphe

22. Not pos.

23. Come down hard

24. Completed

25. Group of whales

26. Lincoln and Homer's dad

27. Simple wind instrument

29. Close

32. Expected

35. __-see event (It's not to be

missed)

36. "___ Miserables"

38. Moves slowly

39. Animation frame

41. "__ My Guitar Gently

Weeps"

44. Radio tuner

http://puzzles.about.com/


16


THE LAST WORD

Oink, Oink!

by William M. DiMascio

First Class postage is required to re-mail

245 North Broad Street

Suite 300

Philadelphia, Pennsylvania 19107

May 2012

(see Oink, continued on page 15)

I kept thinking of that expression made famous in the

last presidential contest: You can put lipstick on a pig,

but it’s still a pig.

In this case the sty was the Supreme Court chamber in

the main capitol in Harrisburg. Compared with the legis-

lative halls, the courtroom is relatively small, but inch-

for-inch it is one of the most opulent spaces in a struc-

ture estimated to be worth some $2 billion. The chamber

is trimmed in gold leaf, paneled in lush mahogany and

adorned with ornate chandeliers. Above the paneling is a

series of sixteen murals by Violet Oakley entitled ‘The

Opening of the Book of the Law” and depicting the evolu-

tion of legal and moral codes that she believed would

lead ultimately to world peace. And the centerpiece of it

all is Alfred Godwin’s magnificent green and gold, opal-

escent stained glass dome consisting of twelve wedge-

shaped panels.

What a fitting repository for the wisdom of Pennsylva-

nia’s founding father, William Penn, whose words adorn

the rotunda in the main portion of the capitol: "That we

may do the thing that is truly wise and just."

This is the place the Pennsylvania Board of Pardons

elects to dispense its version of clemency!

And why not? An almost palatial setting for a near

God-like act of mercy – how fitting!

The power to pardon offenses goes back to the original

charter given to Penn by the King of England in 1681.

And until 1872 governors of the Commonwealth enjoyed

unfettered discretion in dispensing clemency. But suspi-

cion of abuse led to creation of the Board of Pardons with

its powers granted in a revised state constitution; under

this version of the charter, the governor could only grant

clemency if a majority of the Board agreed to recommend

it in advance.

The awesome power that resides with the Board was

changed again in 1997 when a statewide referendum

made it a requirement that a unanimous recommenda-

tion of the Board was required in the cases of life or

death sentenced prisoners seeking commutation before

the governor could consider a commutation.

This change has reduced the number of commutations

to a trickle. In a state where all first and second degree

homicide convictions carry a mandatory sentence of life

without possibility of parole, the result has been devas-

tating. With more than 4,300 men and women serving

life without parole, Pennsylvania ranks second in the

nation to Florida which has some 6,400. Included in the

Commonwealth’s number is the world’s largest concen-

tration of individuals given this sentence for crimes com-

mitted when they were juveniles, and approximately

1,000 lifers never killed anyone but were convicted as

accomplices during commission of felonies.

Pennsylvania’s harsh sentence structure has evolved

within a context that included the possibility of commu-

tation once state authorities were convinced that clemen-

cy or mercy should be applied. That used to be extended

after 17 years or so, which is close to the national aver-

age of time served on a life sentence.

NON-PROFIT

ORGANIZATION

U.S. POSTAGE PAID

CLAYSBURG, PA

PERMIT NO. 84

http://www.legis.state.pa.us/wu01/vc/visitor_info/blue/supreme_court.htm

may 2012 graterfriends

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