Close enough for government work...

If you are familiar with my history from the blog posts here, then please excuse me for repeating myself. For those of you who do not know, the first place I was housed after being sentenced and being processed through Central Mississippi Correctional Facility was Unit 17 at Parchman, MS. To the best of my knowledge, this is where they still carry out executions of those condemned by the State to die. After Unit 17, I was later housed for years with the death row prisoners at Unit 32, when I was classified on High Risk status and was being moved at least once a week. I grew up around these guys, so death penalty issues are something I try to keep abreast of.

A recent Gallup poll showed that support for the death penalty is at its lowest point in 40 years - at 60%, down from a high of 80% in 1994. In 2011 the sole American manufacturer of the anaesthetic sodium thiopental announced it was ending production of the drug under pressure from the government in Italy, where its plant is based. (Love to Italy!) Despite struggling to maintain supplies, the 32 death-penalty states effectively ran out of the drug this fall. Other European manufacturers have refused to provide the drug because of a European Union statute prohibiting the export of any product that might be used in capital punishment, especially in light of evidence that lethal injections sometimes cause agonizing deaths.

Probably the most gruesome instance of lethal injection gone wrong occurred in Florida in 2006, when the state tried to execute Angel Diaz, who'd been sentenced to death two decades earlier. The 3-drug cocktail used to kill Diaz was supposed to take around three to five minutes to render him unconscious and motionless. Instead, Diaz writhed on the gurney, grimaced, shuddered, gasped for air, and even tried to mouth words... for 24 minutes. A second dose of the drug meant to render him unconscious was administered. Ten more agonizing minutes elapsed before he died. Post-mortem examination revealed 12" long chemical burns on Diaz's arm. The IV needle had punctured Diaz's veins, so the injected chemicals went straight into his flesh, burning it and causing great pain. He was apparently conscious as he suffocated to death.

When an execution is carried out correctly via injection, the condemned is given a cocktail of sodium thiopental, pancuronium bromide, and potassium chloride. Sodium thiopental is administered to induce unconsciousness. Once this has taken effect, pancuronium bromide is then added to halt respiration, and potassium chloride is given to stop the heart. The condemned- in theory- shouldn't be able to feel the effects of the last two drugs, which actually kill the individual. However, in practice the executioners are often inept and apathetic to any suffering experienced by the condemned.

Promoted by state medical examiner Jay Chapman as a humane alternative to traditional forms of execution such as the electric chair, Oklahoma became the first state to adopt lethal injection, in 1977. Injections were meant to transform executions into a less gruesome affair. To avoid any comparison with "putting down" animals with a single drug, Chapman suggested a three-drug cocktail, and it became a national standard. Affirmed in 2008 by the U.S. Supreme Court, the cocktail was determined not to violate the 8th Amendment's prohibition against "cruel and unusual punishment."

Unable to obtain the anesthetic sodium thiopental, states with the death penalty are improvising. Some are using a single dose of the anesthetic pentobarbital to excute prisoners, usually bought from loosely regulated compounding pharmacies. William Happ was executed in October by Florida, using a new three-drug combo that replaced sodium thiopental with the sedative midazolam. Midazolam causes memory loss and relaxation, but not necessarily unconsciousness. Happ took 14 minutes to die -twice what executioners planned- while his head shook throughout, and his eyes remained open until the 10th minute. The Texas DOCJ, which has carried out 37% of all U.S. executions since the death penalty was reinstituted in 1976, has gone so far as to allegedly submit a falsified prescription to Pharmacy Innovations, for patient "James Jones"...actually the warden of the Huntsville Unit, which houses the execution chamber. Some states have gone so far as to buy lethal injection drugs with petty cash or individual employees' credit cards.

Expect more claims of lethal injection being cruel and unusual in violation of the 8th Amendment. In the meantime, what will the courts -and the public- allow the DOCs to do in the name of "justice"? If you are a voter, your voice counts. Contact your representatives, let your opinion be known, speak up. Silence amounts to consent in these matters.

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Victim's Father Protests Prisoner Transfer

Victim's advocate John Harmon (and father of fallen officer Casey Harmon) has recently made it into the media -again- by second-guessing MDOC officials and publicly protesting the transfer of prisoner Steven Farris from the Mississippi State Penitentiary to Wilkinson County Correctional Facility. Mr. Harmon's main concern was that WCCF was too "modern" for the likes of Steven Farris, and that Farris should still be housed somewhere on the grounds of the MSP at Parchman. >In the process of preparing to close Unit 32 at Parchman, about 70 prisoners were transferred to WCCF over a period of weeks. The WCCF houses prisoners of all security custody levels, including those with similar or worse charges than Farris, as well as at least two former death row prisoners, and has the same maximum security level as Unit 32. Contrary to what Mr. Harmon would like the public to believe, this transfer wasn't out of the norm.

If you'd like to read Steven's response to Mr. Harmon's protest and grandstanding, click here. The family and friends of Steven Farris manage this blog and help him make this more than a one-sided affair by typing and publishing his handwritten posts.

Understanding the Limitations of the Consent Decree

Wading through the mire that is legalese isn't an easy task. I hope that I am able to shine some light on the framework that the courts must work within when dealing with correcting unconstitutional prison conditions. I'll try to not veer off the topic.

I always recommend reading the laws and cases for yourself. The restrictions I speak of now can be found in United States Code Annotated, Title 18- Crimes and Criminal Procedure, Part II- Criminal Procedure, Chapter 229- Postsentence Administration, Subchapter C- Imprisonment, 18 U.S.C.A. §3626, which has been effective since November 26, 1997.

§3626 is no joke, and it begins setting limits with its first lines:

Appropriate remedies with respect to prison conditions
  (a) Requirements for Relief.--
      (1) Prospective relief.--

          (A) Prospective relief in any civil action with respect to prison

          conditions shall extend no further than necessary to correct the

          violation of the Federal right of particular plaintiff or plaintiffs.

          The court shall not grant or approve any prospective relief unless

          the court finds that such relief is narrowly drawn, extends no

          further than necessary to correct the violation of the Federal

          right, and is the least intrusive means necessary to correct the

          violation of the Federal right. The court shall give substantial

          weight to any adverse impact on public safety or the operation

          of a criminal justice system caused by the relief.

The courts are being told to grant the least amount of relief possible; just enough to correct the problem. And if the possible changes might be too costly or might effect public safety (as with releasing prisoners due to overcrowding), it's possible the courts won't grant relief at all.

A rash of prisoner lawsuits, many of which were frivolous, precede the laws and decisions that severely limited suits brought by prisoners. The Prison Litigation Reform Act set the stage and was followed by 18 U.S.C.A. §3626. Since then, more and more hurdles have been set up to obstruct prisoner litigation.

As I mentioned in the post titled, MDOC To Be Released From Presley v. Epps Agreement, one of the things that is limited is how long court ordered or enforced relief can last. The relevant subsection of §3626 reads:

(b) Termination of Relief.--
    (1) Termination of prospective relief.--
        (A) In any civil action with respect to prison conditions in which
        prospective relief is ordered, such relief shall be terminable upon
        to motion of any party or intervener--
            (i) 2 years after the date the court granted or approved the
            prospective relief;
            (ii) 1 year after the date the court has entered an order denying
            termination of prospective relief under this paragraph; or
            (iii) in the case of an order issued on or before the date of
            enactment of the Prison Litigation Reform Act, 2 years after
            such date of enactment.

This is why, two years after the final modification of the consent decree, it had to be dismissed without prejudice. And now that Unit 32 has been closed down, the conditions there are a moot point. It was agreed upon between the plaintiffs and defendants in the Presley v. Epps suit that the standards for the Presley class would follow the class members wherever they were moved in the process of closing Unit 32.

Wilkinson County Correctional Facility

In the process of emptying Unit 32 of prisoners, I was transferred to Wilkinson County Correctional Facility in Woodville, Mississippi. A trip of approximately 200 miles, lasting between 4 and 5 hours, sandwiched in with 9 other inmates, one of which was just doused in pepper spray.

Any change from the environment of Unit 32 was welcome. The Mississippi State Penitentiary at Parchman has an oppressive air about it -so much so that every time I've left the grounds of that prison, it has felt like a literal weight was lifted from my shoulders.

Wilkinson County Correctional Facility is operated by the Corrections Corporation of America, and has contracted with the MDOC since last year to start housing prisoners on longterm-segregation status. Normally they wouldn't have wanted to house prisoners that are on longterm-seg because it costs more, but with the downturn of the economy in recent years, the corporation reevaluated its policy.

Understandably, WCCF wasn't prepared to house the prisoners shipped in from Parchman. They were not accustomed to dealing with this many prisoners in lockdown. They are still adjusting, but I have to say, they are making progress. I will write about conditions in a future post. I do want to give some basic info here.

The main administration is composed of Warden Jacquelyn Banks, Assistant Warden Vines, and Assistant Warden Walker. From what I've seen, they aren't about micromanaging. They appoint individuals to positions and allow them to do their jobs. That makes for a better atmosphere than that of Unit 32, where the style of administration was exactly the opposite.

WCCF's physical address is 2999 U.S. Highway 61 North, and it's located two miles north on Highway 61/junction 563.

The mailing address is:

Wilkinson County Correctional Facility
P.O. Box 1079
Woodville, MS 39669-1079

And they can be reached by calling- (601) 888-3199

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Unit 32 Consent Decree Voluntarily Dismissed

Years of litigation was effectively brought to an end with the planned termination of the Presley V. Epps Consent Decree on August 2, 2010.  Magistrate Judge Jerry Davis, who presided over the Fairness Hearing, was well pleased with the outcome and all the progress that had been made.

Judge Davis was effusive in his praise of all parties involved, but especially so of Commissioner Christopher Epps and Deputy Commissioner of Institutions E.L. Sparkman.  And rightly so, since they'd put their careers on the line in the gamble to change the conditions at Unit 32 instead of deciding on a prolonged legal battle through the courts.

Also present at the hearing: Leonard Vincent and Jim Norris, counsel for the Mississippi Department of Corrections; DCI E.L. Sparkman; Margaret Winter, Associate Director of the National Prison Project of the ACLU, and Stephen Hanlon of Holland & Knight LLP, counsel for the Plaintiffs.  Present via closed-circuit camera at the Mississippi State Penitentiary's "mock court": Jeff Davis and Richard Jordan, both death row prisoners; Roy Harper and Steven Farris, state prisoners housed at Unit 32; and Angelo Bullerd, housed at Unit 29.

There was an informal feel to the proceedings as Mr. Sparkman took the stand, was sworn in, and Ms. Winter questioned him about issues the Presley class members had raised.  The main concerns were whether or not the rights secured in the Consent Decree would continue, and whether they would follow the class members wherever they were moved as Unit 32 is closed.  The prisoner feared the Consent Decree would be dismissed and it would just start the whole process and struggle over from the beginning.  These fears were allayed and they were assured the rights secured would continue.  For more on this and the reasons for closing Unit 32, click here.

Things look promising, so far.  Only time will tell though, and I will keep you updated if at all possible.
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The News from Unit 32. . .

There has been another setback for the Mississippi State Penitentiary's tentatively scheduled closing of its maximum security unit. Out of 5 buildings in Unit 32, only B-building remains open. After moving the rest of the prisoners out of E-building in Unit 32 and closing the building on Thursday, July 1st, more prisoners were moved into the unit the following day. Approximately 13 to 17 prisoners were transferred to the Mississippi State Penitentiary from the Greenwood facility after rival gangs there fought eachother. I'll report more on this as I find out. A freeze was also placed on the reassignment and transfer of guards working at Unit 32.

Timothy Morris, head warden of the maximum security unit, has been out on "major medical" leave since June 24th following knee surgery. Deputy Warden George Davenport is the acting warden until Mr. Morris returns.

From all sources I've spoken to, I have been told that the Death Row prisoners, the prisoners on the High Risk Incentive Program and others still in Unit 32 lockdown are to be moved to J-building of Unit 29. However, J-building will have to undergo some serious modifications before it is suitable to house Death Row or the other members of the Presley class. No work has begun on J-building as of yet.

The previous unit that housed Death Row, Unit 17 (also known as MSU), has been undergoing some work. So far there is only speculation as to the reasons for the renovations. Right now there are 57 prisoners on Death Row at the Mississippi State Penitentiary. The scheduled execution of Joseph D. Burns, MDOC #42963, is July 21, 2010 at 6:00 p.m. More executions are possibly forthcoming in Mississippi this year. Unit 17 holds 56 prisoners. Do the math.

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MDOC Plans To Close Unit 32 At Mississippi's State Penitentiary

At the April 12, 2010 hearing held at Aberdeen's Federal Courthouse, the Mississippi Department Of Corrections announced its intention to close Unit 32 over the next year or so, subject approval by the State Legislature.

Before April 12th, the MDOC had shown no interest in a settlement. However, at the April 14th session presided over by Magistrate Judge Jerry Davis, MDOC consented to work on a settlement agreement with the National Prison Project of the ACLU. At that time the agreement was to be in final form by June, whereby both parties would assent that the consent decree would be dismissed without prejudice.

The Plaintiffs (NPP and prisoners) will be allowed to bring a motion in February of 2011 to restore the case to the court's active calendar if the Defendants (MDOC) haven't made certain specified improvements by that time concerning medical and mental health care at Unit 32. If the Unit is closed before then, this will be a moot point.

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A Description of the Presley v. Epps Consent Decree

A consent decree as defined by Random House Webster's Dictionary of the Law, is "a court order entered between a federal agency and a party accused of illegal conduct in the field regulated by the agency, resolving the case and typically including a promise by the party not to engage in certain activities in the future."

In this case the MDOC knew they were in a no-win situation. They could fight the lawsuit, drag it out in court for as long as possible -maybe years- and waste a lot of the taxpayers' money as they normally do. Or they could go ahead and agree to do what they would eventually have to do anyway. Commissioner Christopher Epps and Deputy Commissioner E. L. Sparkman did the smart thing. They also agreed to some things that they would not have had to do, had they chosen to battle it out in court.

The lawsuit was filed in June of 2005 by the National Prison Project of the ACLU and Holland & Knight, LLP, on behalf of four individual prisoners seeking relief for all prisoners confined in Unit 32 of the Mississippi State Penitentiary at Parchman, MS. Those four prisoners are Jeffery Presley, Dennis Brumfield, Steven Farris, and Marcus Williams.

MDOC, as the suit claimed, was subjecting those of us in Unit 32 to inhumane living conditions and excessive force, depriving us of medical and mental health treatment, and denying us procedural due process in housing us at Unit 32. We asked for an injunction guaranteeing improved conditions for all prisoners housed in Unit 32, and that the suit be recognized as a class action, so that any remedy we got would apply to all prisoners there.

The consent decree was drafted in February of 2006 and made official not long after. It requires MDOC to do the following:

(A) ensure that the cell to which a prisoner is moved is clean prior to the move and provide adequate cleaning supplies and equipment;

(B) From May through September, ensure that each cell throughout Unit 32 is equipped with a fan, and provide a 32-ounce cup of ice to each prisoner in Unit 32 three times a day;

(C) Ensure that each prisoner is allowed to take a shower every day, six days per week, year round;

(D) Implement an effective mosquito eradication and pest control program;

(E) Eradicate the problem of "ping-pong" toilets in every cell in Unit 32;

(F) Make sure that there is adequate lighting in every cell;

(G) Make sure that the medical services provider delivers adequate medical care for serious health needs;

(H) Ensure that medical service providers do not require prisoners to make unreasonable co-payments for services;

(I) Provide appropriate care for patients with chronic diseases;

(J) Provide appropriate off-site medical consultation, hospitalization, and specialty care for patients in need of those services;

(K) Provide adequate mental health care;

(L) Provide housing for prisoners with psychosis and severe mental health illnesses seperate and apart from all other prisoners that is appropriate in light of their special needs;

(M) Prevent excessive risk to prisoners of staph infection;

(N) Ensure that food trays are properly cleaned and sanitized prior to food service, that food portions are adequate, and that food is served at appropriate and safe temperatures;

(O) Allow prisoners out-of-cell exercise and complete the new exercise pens no later than July 1, 2006;

(P) Reasonably ensure that all incidents of major force by correctional staff against prisoners are thoroughly investigated and documented, and that the use of excessive force is not tolerated;

(Q) Provide all prisoners who are assigned to Unit 32, and not sentenced to death, with prior notice of the factual basis for the assignment to Unit 32, a hearing, an opportunity to appeal, and at least a semi-annual review with the same rights of notice, opportunity to be heard, and appeal;

(R) Formulate and implement a plan whereby all prisoners who are assigned to Unit 32 and not sentenced to death may, through good behavior and a step-down system, earn their way to less restrictive housing.
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MDOC To Be Released From Presley v. Epps Agreement?

After two years of being bound by agreement enforceable in court, the Mississippi Department of Corrections has petitioned to be released from the Consent Decree reached in the Presley v. Epps case. The attorneys for the MDOC are telling the court and anyone else who will listen that the MDOC has not only met, but has exceeded everything set out in the Consent Decree that was to be done. That's not true. I agree that many things have improved, for awhile. However, the only thing consistent about MDOC is its inconsistency. Parchman in particular has a long history of needing the courts to force them to do what they are supposed to.

What I'd like you to think about for a moment is just why MDOC is so anxious to be released from this agreement. If everything is so great, if all the wrongs have been righted and so much more, why the rush? Do they wish to be out from under the scrutiny of the ACLU and the court because they want things at Unit 32 to return to the pre-agreement chaos?

I spoke of these things with Mr. Stephen Hanlon on January 13th, during his visit to the Mississippi State Penitentiary's Unit 32. Mr. Hanlon is an attorney working along with the National Prison Project of the ACLU in the Presley v. Epps case. One of the things Mr. Hanlon explained to me is that, following the Prison Litigation Reform Act of 1996, consent decrees are only good for two years.  [click for more]  The courts find it difficult to justify going beyond the two year limit because of the standards that must be met. Conditions that are "shocking to the conscience" are part of it.

It must be said that conditions have greatly improved in Unit 32. If it weren't for Ms. Margaret Winter, the Associate Director of the National Prison Project, and Magistrate Judge Jerry Davis who presided over and mediated the case, these changes would not have been possible. They have the thanks and appreciation of all the people -prisoners and guards- who had to live and work in the inhumane conditions at Unit 32.

These same people now face the possible return to those inhumane conditions. Without the ACLU and the courts keeping close watch, MDOC's inherent state of entropy will take effect and all the improvements will vanish. Once again the prisoners will have to struggle to retain their most basic rights.

You can follow the events in the Presley v. Epps case by continuing to read this blog. If a settlement isn't made between the MDOC and the ACLU, a court hearing is scheduled for April 21st.

What are your thoughts? Should the Consent Decree be extended? Should MDOC be released from the agreement?
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Parchman Needs A Superintendent

The Mississippi State Penitentiary at Parchman needs a new Superintendent. Lawrence Kelly, the former Superintendent, recently retired and left the job up for grabs. Deputy Commissioner E. L. Sparkman, of the Mississippi Department of Corrections, is filling the position temporarily while he interviews potential candidates. Two people who have been interviewed thusfar are James Brewer and Timothy Morris, both longtime employees of the MDOC. Mr. Morris is currently Warden of Unit 32.

It would seem that Mr. Sparkman has yet to find anyone he feels is acceptable to hold the position of Superintendent at MSP. If his actions in recent years are any gauge, Mr. Sparkman will go outside the MDOC and the state to fill this position. The Deputy Commissioner has intimated that he could be at Parchman for awhile; maybe months.

One of the things Mr. Sparkman has done since his return is to make sure the situation with the kitchen improved. Prisoners in Unit 32 were being served their meals on dirty trays, the food was not prepared or handled correctly and was sometimes spoiled, and the food served was not meeting the minimum daily caloric intake required. Mr. Sparkman told Roy Harper, a prisoner at Unit 32, that the food company the MDOC had a contract with would soon change.

Should Deputy Commissioner Sparkman go outside the MDOC and this state in order to find someone to fill the position of Superintendent? Are there no qualified people in Mississippi to hold the position?
What are your thoughts on feeding prisoners?

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