Posts Tagged ‘JAIL’

The Kentucky Supreme Court denied our Motion For Discretionary Review of the Frog Gravy legal case without opinion or comment. Here is a copy of the order:

10 02/15/2012 ORDER DENYING DISCRETIONARY REVIEW: DD
11 02/15/2012 FINALITY: FL

Source.

This means we have reached the end of the road on the direct appeal in Kentucky and the published opinion by the Court of Appeals is the law of the case. The briefs filed by the parties will be available online at the Chase Law School in Kentucky at some point.

Documents in this case, including the briefs and the published opinion (pdf), are also available here:

https://froggravy.wordpress.com/2012/02/06/table-of-contents-court-briefs-and-documents-frog-gravy-legal-case/

The preliminary hearing is here:

https://froggravy.wordpress.com/2012/02/05/the-full-text-preliminary-hearing-frog-gravy-legal-case/

The Grand Jury hearing is here:

https://froggravy.wordpress.com/2012/01/12/the-full-text-grand-jury-hearing/

The exculpatory labs are here:

https://froggravy.wordpress.com/2011/10/16/grand-jury-misuse-and-perjury-frog-gravy-38/

The suppression hearing is here:

https://froggravy.wordpress.com/2012/02/08/the-full-text-suppression-hearing-pdf-frog-gravy-legal-case/

The first order denying suppression:

https://froggravy.wordpress.com/2012/02/08/the-first-of-three-orders-denying-suppression-frog-gravy-legal-case/

And the second, and the third:

https://froggravy.wordpress.com/2012/02/08/the-second-and-third-orders-denying-suppression-frog-gravy-legal-case/

Other documents:

https://froggravy.wordpress.com/2012/02/13/more-documents-frog-gravy-legal-case/

What is the next step in this case?

There are three options right now:

1. Do nothing. The case no longer specifically impacts our day-to-day lives one way or the other. Fortunately, I am not on death row. The case will impact others in the future, because it is published and it sets precedent. One option is to do nothing.

2. Petition the United States Supreme Court for Certiorari, or review, of the decision. The issues are very specific in such a petition. Here is more information about Certiorari:

http://en.wikipedia.org/wiki/Certiorari

3. File a state habeas corpus petition alleging ineffective assistance of counsel. In Kentucky, this is called an 11.42 petition. Here is more information about that:

http://en.wikipedia.org/wiki/Ineffective_assistance_of_counsel

It will be interesting to see how this case will impact future cases.

This latest result is entirely consistent with the patterns and practices of the case so far, as evidenced by these documents.

Spartanburg County Jail Portrait Series

Spartanburg County Jail Portrait Series by David Blackwell under creative commons on flickr.

Nokes: What do you want?
John: What I’ve always wanted. To watch you die.

and

Father Bobby: [about sermons, before the boys are sentenced] This is one of my favorites.
Young Lorenzo ‘Shakes’ Carcaterra: What is?
Father Bobby: “Whatever you do to the least of brethren, you do to me”.

above two quotes are from Sleepers, by Lorenzo Carcaterra

Also:

This bird-killing-and-enjoying-it guard is bespectacled and boyish looking. He was probably bullied. So now he’s just getting a little action himself, although in a chickenshit way, because we are inmates. Behind razor wire, we must restrain ourselves from delivering a good ass-ramming to the guards, and he knows this, and so, he walks around the ball field with that stupid grin and Nazi mindset, figuring out how he can bolster his own weakness by picking on defenseless people. He does this full time.

Med Line: Frog Gravy 40

and

In the hallway, the homeless man in isolation screams, between obscenities, to the pepper spray SWAT team, “You’re racist!”

“I’m not precious,” says the guard, and I assume he meant to say, ‘I’m not prejudiced,’ because he says, “I don’t like nobody.”

The Hole, The Chair, And The Holding Cell: Frog Gravy 17
.

Frog Gravy is a nonfiction incarceration account.

Inmate names are changed.

Frog Gravy contains graphic language.

McCracken County Jail, February 2008

It is three o’clock in the morning, and a couple of female inmates next door, as well as Meg, in this cell, are on the floor, on their bellies, taunting and tormenting Harry, who is mentally ill and housed at the end of the hallway in an isolation cell. They shout, at maximum volume, “HAAAAAAARRRRREEEEEEE!!! Want some puuuuussssyy, Harrreee?!”

Harry shouts, “HELP! Somebody! Please! HELP ME! Let me out, please Helpmehelpmehelpmehelp.”

Harry’s repeated requests for help reveal, on its face, Harry’s profound lack of understanding of his own surroundings.

I am on my bunk, listening. I cannot help Harry. If I try to intervene, the bully inmates bullying will turn their rage onto me. If I do not try to intervene, they will continue to prey on Harry.

I do not intervene, and I am ashamed of myself. I do not intervene, because I am afraid that I might hurt someone.

I have never seen, nor will I ever see, during my stay in McCracken County Jail, the pathetic man we call Harry. None of us knows why he is locked up.

If the guards were to take Harry out of his cement tomb for recreation in the outside cage, we would have witnessed it, because we watch the hallway that leads directly from his cell at the end to the outside cage at the other end. We never see Harry go to rec. Christie, who had been here for seven months on my arrival had never seen him during that time either.

On my bunk, I try to think things through, although the noise is distracting. There must be thousands and thousands of Harrys locked up everywhere. Harry the person is no longer Harry the person. Harry is a bait ball in a cement cell at the end of the hallway. He is as defenseless as a child. The apex predators are hungry to hate, and they feed on Harry constantly, kicking the steel door, shouting insults every time they pass by, picking what’s left of Harry and then picking some more.

I often wonder if Harry is somebody’s father. Or son. Was he ever loved? Did Harry ever matter, to anyone? Was Harry a veteran, psychologically crippled by tours of duty? I do not know.

Why are the Harrys out there picked up, locked up, and then alternately ignored and picked on? The bullies use Harry almost exactly as they would a bar. They wander by and use him when they need him, and when they’ve had their fill, they belch, toss the glass, and move on.

There are rumors that Harry has spread feces onto the walls on the cement tomb. Perhaps this is the only thing left for Harry to do, to tell himself that he still exists.

I wonder also about Harry’s mental and physical treatment care plans. This jail has a social worker who oversees the medical needs of the mentally ill inmates. While there may be a nurse practitioner or an off-site physician signing off on the care plan and the medications, all initial requests for such must go through the social worker gatekeeper first. The sad thing is that Harrys own profound disability at the moment prevents him from filling out the initial request form on his own behalf.

This jail is not at all unique. Jails are the new ground zero for Eighth Amendment violations of the mentally ill, as I see it. Harrys are warehoused, untreated and abused everywhere.

There should be a zero-tolerance policy for inmates tormenting their fellow mentally ill inmates. If I were the jailer I would post signs everywhere: You torment Harry and you go to the hole, to sit and think about your bullying. Signed, The Jailer. But, it is not meant to be. Rather, Harry is shelved jailhouse prey and nothing more.

What will eventually happen to Harrys everywhere? On my bunk, I wonder these things.

“I can’t get out. He won’t let me out…”

John Carpenter
In The Mouth of Madness
Bicycle Scene

“It’s probably an apocryphal story,” he said. “But he deserves it. And those people who deserve an apocrypha, well, I find a peace in them. Even in the men who fuck me, I find peace, in all the lies of their lives, because they’re only living when they can hold a smooth blushed cheek against a blackness in their loins, and then they return to their fat wives. I love them. You can’t ever know what peace, what hope they give me…”

Naeem Murr
The Boy

Frog Gravy is a nonfiction incarceration account in Kentucky.

Inmate names are changed.

Frog Gravy contains graphic language.

McCracken County Jail, late winter/early spring, 2008

We are watching the news. This is rare. I savor it. I am not even really sure who will be running for president. But I can tell you how much weight the blue team of fat people lost last week on The Biggest Loser.

We hear about a pot bust at the BP station on Alben Barkley Drive. I say, “It’s dumb to get busted at that station. There’s always a cop car parked there.”

“The cops do that,” says Christie.

“Do what?”

“Park cop cars at gas stations, at WalMart, at the mall, and just leave the cars there. There’s no cops though. They just want people to think there are.”

“How do you know?”

“I realized it when I was smoking crack in the WalMart parking lot one time. I was like, there’s no cops there.”

“Seems to me that this time there were cops there,” I say.

During the news I return to my task-at-hand, at the steel table where I am seated. I have a religious handout titled, HELL- What is it? Beneath the title is a list of definitions taken from scripture, along with the citations. I am checking off, with a no-shank pen, each description that fits this jail. For example, I am perpetually congested, and many nights I awake coughing, from the pepper spray being inflicted on the mentally ill man down the hall in his isolation cell. Pepper spray permeates all of the cells whenever they spray Harry. I check off:

A lake of fire (Rev. 20:15)

and

A lake of fire into which people are cast alive (Rev 19:20)

Down the hall, Harry screams from his isolation cell, all day and all night, every day and every night, “PLEASE!! Let me out! Somebody please! HELP ME!”

I have never seen Harry. When they spray him, he yelps and yells, like a whipped dog. His yelping amuses his tormentors. On my list, I mark:

A place of torments (Luke 16:23)

and

Where they scream for mercy (Luke 16:24)

Lea returns fromthe nurse. They want to change her blood pressure medicine, and add a new medicine. They have checked her blood pressure exactly one time in five months.

I say, “They charge you to go see them, don’t they?”

“They better fuckin’ not. I didn’t ask that. I can barely afford to wash my ass, I can’t afford two prescriptions. I know ten dollars ain’t that much but I cain’t afford it. They didn’t charge us nuthin’ at PeWee. The whole fuckin’ time I been here, this is the only time they checked my blood pressure to see if the medicine’s working.”

On the TV, we learn that the nine Amish men who were cited for not displaying a large orange triangle on their horse-drawn buggy will fight the charges.

I say to Lea, “That’s nuts, only checking your blood pressure one time and then adding a new medication.”

I star and underline Luke 16:28:

A place where they did not want their loved ones to come.

Lea says, “Now they want me to take another pill and I don’t like the way it does me. You’re a nurse. What do you think the problem is?”

“I am not a doctor. I just know my body. When I took too much blood pressure medicine on the outside, before they got the dose right, I felt sick. Maybe it’s too much for you, if it makes you feel bad. But, I am not a doctor. Frankly, I think they want the five dollars for the visit.”

A place of torments (Luke 16:23)

Several months ago, I slammed my index fingertip in a door. The blackened nail now finally loosens, and falls off. I pick it up. I want to reattach the black nail, because it is a reminder of and a connection to freedom.

While I am trying to figure out how to reattach my blackened fingernail that connects me to freedom, inmates in the cell next door begin to yell at Harry and torment him, and so, I make another adjustment to the terry cloth towel on my head. Maybe the towel does not keep everything out but it is better than nothing.

A place where their worm dieth not and fire is not quenched (Mark 9:48)

Lea says, “I think you’re right. I done lost all that weight, and I know my body, and I don’t need that shit.”

I go into the bathroom and climb onto the toilet and peer through the slit in the ghosted out window at the dumpsters. I have not slept well. In my dreams, I relive my accident over and over. I am in a wheelchair, and I cannot run from the tornado. I find a dumpster. In the dumpster is a beautiful porcelain doll. I retrieve the doll and send it to my mother because she has always loved dolls, and she collects them.

I realize that Lent is near. What do I give up for Lent? I decide to give up bread. The sun shines outside, onto the dumpsters. I wipe tears from my face, climb down from the steel toilet and return to the steel table.

A guard comes and gets me from the cell and takes me to the nurse, because I have filled out a medical request, for exercise or recreation time outside of the cell. I have cited the rule, that inmates are to have one hour of recreation and exercise each day.

The nurse tells me that this is not her department.

The jail extracts five dollars from my books for the visit, and I return to the cell.

When I return to the cell, I learn that the jail has confiscated an obituary that my mother sent to me. A classmate of mine (Lakeridge Class of 1978) has died. The jail claims that the obituary is a news item, and that all news items are considered contraband.

I say a silent prayer for Ada.

A place of damnation, world without end (Mark 3:26)

Author’s note: My dream about the doll actually came true after my release. As soon as I can find the photos I took of the doll before I sent it to my mother, I will post them.

Update: here is that doll:

Porcelain dumpster doll

Behind The Scenes: The Frog Gravy Notes

Behind the scenes, the Frog Gravy notes. When I say that Frog Gravy is reconstructed from my notes, you may wonder what the notes look like. Here are some of them.

And, in the Spirit of Halloween:

Ghost and bats. Prison art

Ghost and bats. Felt tip pen. By Crane-Station on flickr. Prison art.

A while back, I blogged What It Is Like To Live In A Community on Firedoglake/MyFDL. I actually wrote it while I was in prison, but I had no idea where the essay was until today, when I came across it in my notes.

Being in prison is a lot like being a passenger on a train. The community members are transient and so, although you live in one location, you never feel quite grounded as though you are at home. Although I became very close with Christie (who I named after Christie Brinkley) and Tina (who I named after actor Tina Louise), other inmates passed through my strange prison life like ghosts. Just when I would get to know intimate details of someone’s life, she was gone.

I have always been fascinated with groups. Anything more than two people, I think, is enough to formulate a group. I find group dynamics most interesting. In women’s prison, the group is a group of people in nearly constant crisis. Inmates have been separated abruptly from everything that once defined them, and they become a faceless number. A criminal outcast, whose life is forever divided into two parts: the before and the after. This division is sometimes compounded when a family member, a child in particular, dies on the outside. I saw this happen, more than once.

Incarceration is akin to being psychologically raped. I have always been a loner for the most part, and being forced to live with women was like being forced to befriend a group of feral cats. Still, I had hope that the members of the group could recognize their commonality rather than their differences, and work together toward a common goal of redefining the second half of their lives to incorporate the prison experience in a positive, rather than a negative way.

The key, I think, is in forgiveness, and in letting go of resentments. For me, this is a work in progress, or, as they say in the recovery program, “progress not perfection.”

What It Is Like To Live In A Community

A community is like a boat. Everyone must grab an oar and row. Otherwise, the boat just sits in the water.

Some people have oars, but their oars are not quite in the water, so it is really good to help them, to find their oar and get it into the water.

Sometimes half of the people are working really hard, and rowing forward, while the other half is working really hard to row backward, or sideways. In this case, the boat does not go anywhere; it just zigs and zags and circles and sits, attracting attention from other boats in the sea, who look and point and laugh and laugh. So it is really good to try and be sure that everyone rows in the same direction.

Sometimes people get tired and mad, and they throw their oars, so you have to be really careful and duck. Otherwise, an airborne oar could chop your head off, and your head would flop and splat across the deck, and slip and slide and splash into the water, where the hungry sharks are waiting, to tear your head to bits and eat it.

Other times, people may get to fighting over their oars, and they say things like: Your oar is ugly, or Yours has holes and so does your mama, or Well, your mama’s so fat she plays pool with the planets, or You don’t even have an oar, do you, or You do you and I’ll do me, or Who’s the bitch that stole my motherfuckin’ oar.

And then they all start fighting and beating the living crap out of each other with their oars, and throwing each other overboard, where the hungry sharks are waiting, to tear them to bits and eat them.

People might fall in love and forget to row altogether. So they sneak in and out of portholes, and up and down the ladders at the back of the boat all hours of the night, and write notes to each other, and set up meetings. Since no one is really rowing, to speak of, the boat goes nowhere. It just rocks and rocks and rocks, and the hungry sharks laugh and laugh because they know that sooner or later a couple of lovers will fight, as they always do, and someone will get tossed overboard, for the sharks to tear them to bits and eat them.

It is good to have a nautical chart. Otherwise, the boat will get lost, and people will try to jump off and swim, but they don’t stand a chance, because the sharks will tear them to bits and eat them, and stuff themselves, then sink to the bottom of the ocean and sleep.

One day, when everyone is rowing in the same direction and following the chart, the boat will be the envy of all the seas. Other boats will notice that everyone is tan and healthy, and they will never know that there was a time when its occupants were beating the living crap out of each other and turning each other into shark food.

People on the boat will notice a whole new world out there, and they will say, we don’t have to stop at that little piece of land after all, because we can row to the land of our dreams!