The California Supreme Court has accepted several cases for review to determine when, if ever, the fact that a person committed a murder in the distant past no longer supplies reliable evidence that he is currently dangerous.
Lifers who are eligible for parole and who have appeared before the Board of Parole Hearings are well acquainted with the Board’s use of their commitment offense as the primary reason to deny parole. Lifers who have been found suitable for parole and have had their suitability finding reversed by the governor know that their crime, usually committed decades ago, still matters.
We have to live with our decisions. We cannot turn back the clock or hold back the years and undo the wrong we have done to ourselves and others. For those of us who have taken a life, the pain we have caused is irrevocable. No amount of positive programming can fill the hole we left in the family of the victim of our crime. We can show our repentance in the path we choose and the decisions we make now.
Courts in California are striving to achieve a balance between the immutable harm done to the victim and their loved ones and to the requirements of the parole statutes, which state that parole should be the rule rather than the rare exception.
Many lifers now see themselves as victims of injustice. Justice is not an abstract principle. It is relational. Justice promotes good relations between people and groups of people. Injustice breaks down good relations and breeds anger, hostility and violence.
The concern for justice should not be confined to just those of us who must appear before the Board to gain an opportunity to rejoin free society. In 1963, the Rev. Martin Luther King. Jr. wrote the “Letter from Birmingham City Jail.” He was responding to eight white clergymen in Alabama opposed to civil disobedience. They feared his actions would incite civil disturbances.
He wrote: “I am in Birmingham because injustice is here. Moreover, I am cognizant of the inter-relatedness of all communities and states. Injustice anywhere is a threat to justice garment of destiny. Whatever affects one directly affects all.” Two quotes are engraved on the wall of the museum of Jewish Heritage. “Remember, Never forget,” and, “There is hope for your future. “ As lifers we can never forget why we have spent the past years in person. But if we as a society believe in redemption and that people can rehabilitate themselves then a real hope and future must be extended to those who have complied with the requirements for parole. In Cappiello v. New York State Board of Parole 800 N.Y.S. 343, 2004 WL 3112628, Judge Wetzel wrote:
“Murder is obviously a very serious, tragic crime involving this loss of a human life… Each day, the court interacts with defendants accused and convicted of terrible murders, as well as the families of the victims.Those families come to court, listen to the evidence, weep at the crime scene photos, and speak passionately about their loss at the sentencing of the convicted defendants. There is no greater agony than that of a family member of a murder victim, and this court acknowledges and empathizes with that pain, It is a pain which does not abate over the years and nothing can become to relieve that suffering. The only variable that can change in this situation is the defendant… [some] defendants…take advantage of the opportunities in prison for rehabilitation, move on in their lives to do service in the community, to make amends for their actions, and to make contributions to their families and to society. Their achievements, as great as they are, will never erase the horrendous brutality of the past, nor can it ever fully compensate society for the damage which has been done. However, in a system which is premised on the hope and possibility of rehabilitation, and a statutory system which mandates a serious, rational and meaningful evaluation of the statutory criteria, we must allow an individual who has taken advantage of opportunities to rehabilitate himself to move beyond a horrific act of many years ago and to rejoin society to contribute according to his ability.”
The arbitrary practice of the Board in reciting the facts of the murder at a parole hearing and using that as the basis to deny parole has been exposed primarily through habeas petitions filed in pro per. The unselfishness of inmates assisting others for the common good has resulted in favorable state court orders in cases like In re Elkins, In re Viet Mike Ngo, and from the Federal District Court in Jerome Thomas of Habeas Corpus.
Perseverance and commitment are required to gain release through habeas petitions. The Attorney General routinely appeals virtually every favorable ruling from the lower court. Misguided and sometimes selfish advice comes from fellow Lifers and selfproclaimed jailhouse lawyers counseling individuals not to file. Many Lifers have been dissuaded from seeking relief from the courts against the Board or Governor for parole denials. An ancient principle from the Torah admonishes us not to put a stumbling block before the blind. Lifers need to become informed about the legal process and the pertinent cases dealing with parole issues. Through respect for other viewpoints and approaches, Lifers have been able to bring issues relating to parole before California State and Federal Courts. Continued success will come from applying wisdom as Hillel states: “If I am not for myself, who is for me. If I am only for myself, who am I.
Archives for June 2008
Journey To A.A. Degree
I never thought education would be so much fun and rewarding. It’s funny how things look one way at first, and then change right when you finally
accept how they look. My journey to an A.A. Degree involved more people than I thought. The major figures were: my mother, my aunt, all the volunteers, the other students, and, finally, myself.
In January 2004, it began here. My mother always gave me the reinforcement of, “You can do anything you want with a little work.” So, I signed up for college in one of those moments of “I can do anything” attitudes had come upon me. Those moments seemed to pass fast.
I remember telling the coordinator of Patten University, Jody Lewen, “I can’t quit any more!” I saw it had been too much of life already. While my mother brought this type of understanding, I had to do my part. Mom was a great role model; I wish I’d used her sooner.
My aunt always sees the glass half-full, and uplifts me in her own ways. She doesn’t know the role she played. Seeing how she understood made me want to learn even more just from our conversations. She showed the importance of getting an education in the long run.
The tutors and instructors are special! These beautiful people help in the best of their capabilities. Sometimes, just by repeating the question, other
times showing you step-by-step, and always with real respect!
The other students played an equally important role. Everyone came together for one purpose – to learn and to help each other. I know there
were a few times where I didn’t get the grade I wanted and instead of putting me down, the other students lifted me up and reminded me that we all have bad days, and that tomorrow I can still do better. That sounds so simple, but that’s the underground work we do for each other to keep us going.
Now, my part in all of this: I could not allow myself to give up or disappoint the rest. Work in the day, and school at night was hard. Squeezing in home work was hard, but now I see its value in a better life. It’s meant the world to me, affecting every part of my life positively. To those reading this, education does change your life. Everyone, both free and in prison, should be offered an education. A brighter future for everyone isn’t a bad thing.
SQ’s Law Libraries Serve All
San Quentin has two fully compliant law libraries plus three satellite partial law libraries to serve the prison’s diverse population. The Main Law Library is now located in a renovated section of the old laundry building on the lower yard and serves the North Block, H-Unit, West Block, Gym and Special Program populations . The SHU library, located in the Ad-Seg visiting area, serves the Row and Ad-Seg populations. The
satellite libraries are located in North Segregation, East Block and the Adjustment Center.
Two Senior Librarians, Tom Brobst and John Nelson, supervise the Main library, including its recreational book section. A third Senior Librarian,
Doug Jeffrey, runs the SHU library. The Main Library employs five prisoner law clerks and five general SQ’s Law Libraries Serve All Segments Of The Population by John E. Dannenberg circulation clerks. Duties of the law clerks include ordering all law books and supplies, filing and updating the law book collection (for all five law libraries), maintaining standard legal forms, and assisting inquiring prisoners at the law window. Additionally, the law clerks do legal copying and respond to questions referred via the SHU librarian.
Newly added to the Main Law Library are five computers which provide users with lookup capability on court-mandated (Gilmore) case law plus Title 15, the Dep a r tme n t Operations Manual, California court rules, the California Digest, the Federal Digest, Witkins and California
Jurisprudence research tools. The computers provide word search capability over all volumes which greatly speeds research, but no printing or
typing capability is provided.
The Main Law Library collection includes all California case law from 1860 on. Federal case law books include the district court rulings (Federal Supplement) and appellate court rulings (Federal Reporter) from about 1940. SQ’s U.S. Supreme Court case law goes back to 1790. The current validity of any past case may be researched using Shepard’s Citations. Additionally, one may use Shepard’s to research statutes, regulations,
court rules and jury instructions. To research California law by topic, California Jurisprudence is a comprehensive legal encyclopedia citable in court pleadings. Additionally, the venerable Witkins legal research book series provides detailed (and citable) advice on California criminal and evidence law.
Severalavailable books aid the prisoner user to formulate and prepare legal pleadings. The California State Prisoners Handbook is an excellent
starting point. It covers prison regulations, administrative appeals, habeas corpus petitions and mandate petitions. The two-volume Appeals
and Writs series is popular with prisoner litigators, too, adding discussion on applicable rules of court. Of course, the library carries the rules
of court (state and federal) in separate volumes, but they are often difficult to comprehend. California criminal law questions are best answered
in California Criminal Law and Procedure. Similarly, federal habeas corpus law is thoroughly reviewed in Federal Habeas Corpus Practice and Procedure.
ANDREW GERARD LEAVITT July 02, 1959 – May 25, 2008
Andy Leavitt paroled on a Sunday night. It wasn’t the way anyone wanted to see him leave, but in the end, we welcomed his release from pain. He showed great courage as he fought the good fight, remaining polite and caring to those around him, even when knowing his time in this world was to be cut short. He arrived at SQ in June of 1982, serving 25 years to Life. Soft spoken, he worked as a Machinist in the Vocational Machine shop.
A journeyman machinist, Prison Industry constantly pursued him, where he could make top dollar. Yet, he stayed on in Vocations to mentor other students. Andy was a accomplished teacher with patience that made him the one everyone went to for help or guidance. Andy’s parents, Victoria and John Leavitt, were there with him not only in his closing days, but in his life throughout his incarceration. Mr. and Mrs. Leavitt visited Andy and his brother David weekly for all of Andy’s 26 years here at SQ.
The bitter-sweet of seeing a child die in prison, was surely offset with truly knowing that their son was a man of whom they could be very proud of. His parents rightfully saw him as the man he’d become, opposed to the crime committed in his youth. On Friday, May 30, 2008, a memorial service was held in the Catholic Chapel to honor Andy. Some were there who knew Andy for upwards of 25 years. May his passing bring more meaning to those still here.
Men’s Advisory Council
The Men’s Advisory Council (“MAC”) was developed to be a conduit for the General Population Inmates to the Warden and all Department Heads as well as Correctional Staff. It is this Council’s Position to effectively represent and communicate the opinions, grievances, suggestions, and recommendations of the inmate population at San Quentin.
There are two primary directives of the MAC: The first is to seek to improve inmate/staff relations. The second is to promote the general welfare of all inmates at SQ.
In order for any relationship to work within a social society, a gated community, marriage, or a common arena, there must be first and foremost a line of communication and a common interest. As many of the veteran staff retires, they are being replaced with younger Correctional Officers fresh out of the Academy with the understanding that all inmates are hostile and not to be trusted. This in turn, breaks down the line of communication, especially here at San Quentin where it is needed the most.
SQ affords more programs than any other prison institution in the State of California with the common interest of Rehabilitation. And, in order for rehabilitation to achieve its goal, Staff, the Administration, and the Inmate population must communicate their community interests.
In order to promote the general welfare of all inmates at SQ, this Council’s objective is to achieve and establish with in the Laws and Regulations governing procedures and guidelines the least restraints and restrictions possible governing its classification of this Level II prison at SQ. By this process, impacting the on-going rehabilitation process towards reentry of all inmates back into mainstream society.
In order to accomplish the improvement of the general welfare of all inmates at SQ, this MAC seeks to improve the following list of everyday concerns and necessities. These are only but a few listed concerns:
SQ Integration policy and forced participation. Culinary Food Quality, Quantity, and Sanitation.
Laundry Exchange (inconsistency).
Notification of Institutional Program changes within units by staff.
Canteen concerns (can exemption, healthier items & price increases).
Institutional Digital Cable Conversion (before February 17, 2009).
The social objective and concerns of this MAC is the betterment of all aspects of living condition and the healthy relationship of Inmates, Staff, and Administration. It is also our interest that all inmate concerns in this social community are needed and valued. A closed mouth does not get fed. Remember, “Respect increases the quality and quantity of a community.