Posts Tagged ‘prison’

The CEBU Viral Video “Thriller:”

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.

“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

This is the third and last part of the Mountain Pine Beetle epidemic series. If you are just tuning in now, no worries, there is a bit of interesting information here.

I would like to give another shout-out to the JCTC Biology instructor by name, but I cannot quite recall his name (it may be Burke- not sure), so if someone knows it, please tell me, so that everyone in the blogosphere will know about his good work and dedication to prison education. I think his wife may also be involved in prison work as well.

That inmate education for nonviolent Class D Kentucky offenders is being eliminated is tragic. I wonder what the rationale is for eliminating education, treatment and job skills training and ability to exit incarceration with vouching work references in hand is. Class D nonviolent offenders will be released into the community. As a member of the community, what would you prefer: an educated person, with references in hand, who is excited about turning the second half of her life into a positive, or a warehoused, traumatized person who has spent several years on the cement floor of an overcrowded jail cell learning a new criminal skill set?

note: Frog Gravy is a nonfiction incarceration account in Kentucky.

Rocky Mountain Vista
Rocky Mountain Vista by Krossbow on flickr under Creative Commons.

Mountain Pine Beetle Epidemic Related terms Of Interest

boreal– of or pertaining to the North (think Aurora Borealis). Forest areas of the North Temperate Zone.

endemic-of animals. Prevalent in a particular region.

epidemic– A rapid spread, growth or development (ie: United States incarceration rates)

pandemic-epidemic over a wide geographical area.

silviculture– the cultivation of forests.

carbon sink– a natural carbon vacuum or reservoir.

xeriscape– water-conserving landscaping.

defensible space– The area around a structure that is treated or cleared, to reduce or slow a fire.

verbenone– a “no vacancy” pheromone sign.

chlorotic– yellowed or brownish red due to diminished chlorophyll and cell death in leaf tissue.

Carbon and temperature

As atmospheric CO2, in parts per million, rises, so does the earth’s surface temperature. This, in turn, leads to drought and stresses trees, making them more susceptible to infestation. Killed trees then become a fire-prone fuel source, susceptible to intense-heat fire. In cyclic fashion, more fire leads to more CO2.

The Canadian Forest Service no longer lists its huge forests as a “carbon sink,” because at the moment, the opposite is true: they have changed from natural carbon vacuum (sucking up 55 million tons per year) to producer (245 million tons per year).

Silviculture, human perception and intervention

In terms of forest management, who or what caused the current forest decline is irrelevant. Nature is taking its course without regard to political views. Since humans are an integral part of our North American forest ecosystem, forest management is a necessary and responsible activity, and not a waste of time or money. Any cascading event such as a forest beetle pandemic will affect current and future timber and recreation industries, raise safety concerns, and motivate further study.

US government grants to the US Department of Agriculture, US Forest Service, can promote meaningful research and forest management. Since no known activities will stop the natural course of the current outbreak, we may need to accept the fact that our future forests will reflect a radical shift from past decades. With that in mind, damage control, safety and public education are primary objectives.

Management efforts include:

-Removal of hazardous trees.
-ongoing public education.
-management and rules for temporary roads and trails, to prevent civilian misuse and injury.
-thinning and reducing fuel load.
-managing fuel breaks.
-monitoring natural regeneration.
-conducting prescribed burning.
-putting blue-stained wood to use.
-continued study, data collection and evaluation.

Summary

Ironically, “beetlewood” has created a temporary sawmill industry boom. Beetles have killed so many trees that some officials have “more than doubled their allowable timber harvest” (Struck, Washington Post). This economic industrial boost will ideally lead to long-term balance and consistency, for environment and industry alike.

References

Campbell, N., Mitchell, L., Reece, J., Biology Menlo Park, CA, 1997. 38.13, Carbon dioxide and other gases added to the atmosphere may cause global warming.

Amman, G., McGregor, M., and Dolph, R., Mountain Pine beetle. Forest Insect and Disease. US Department of Agriculture, Forest Service, “Forest Insect and Disease Leaflet.” 1990.

Marcus, N., and Halford, M., Our Future Forests 2008 Guide for the landowner. NW Colorado Forest Health Guide, 2008.

Colorado State University Cooperative Extension
http://www.colostate.edu

US Department of Agriculture Forest Service, Record of Decision, Vail Valley Forest Health Project, March, 2006.

Brown, J., Report: Warming cuts trees’ life in half. 1/23/09.
http://www.denverpost.com

Bentz, B., Western US Bark Beetles and Climate Change. May, 2008. US Department of Agriculture, Forest Service, Climate Change Resource Center.
http://www.fs.fed.us/ccrc/topics/bark-beetles.shtml.

Fox, M., Pine Beetles May Affect Climate Change- Study. April 23, 2008.
http://www.reuters.com

Struck, D., ‘Rapid Warming’ Spreads Havoc in Canada’s Forests. March 1, 2006.
Washington Post Foreign Service.
http://www.washingtonpost.com.

Clayton, M., Carbon Sink Springs a Leak. March 11, 2009. Christian Science Monitor.

Glick, Daniel. The Big Thaw. National Geographic., September, 2004.

Once again, a hat-tip to my amazing nephew and Vail resident Ray, who provided references. He has worked to help control the epidemic in his area. Plus he is the most amazing extreme skier I have ever seen in my life. He does things on skis that would leave me talking through an electronic voice box for the rest of my life, including, but not limited to being towed, on skis, by a galloping horse, my hand to God, and there is a photo.