San Quentin News

Written By Incarcerated - Advancing Social Justice

CDCR Secretary Visits San Quentin

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California Department of Corrections and Rehabilitation (CDCR) Secretary Scott Kernan visited San Quentin with CDCR Director of Enterprise Information Services Russ Nichols to witness a historic event, the launch of a sophisticated and secure wireless computer server cluster which imitates the internet,. The system allows students in San Quentin’s   computer coding training program, Code 7370, to write codes in a simulated environment without actual internet connectivity.

“Corruption within the California state prison system cannot be tolerated,” U.S. Attorney Adam Braverman to NBC San Diego regarding the indictment of a 23-year CDCR veteran caught smuggling heroin and meth into prison.

“The last time I was actually in this room was 1983,” said Kernan. He was standing in the empty warehouse of the old San Quentin Prison Print Shop, which is now the home of Code 7370.
“The programs at San Quentin are like night and day, I never thought in my 30 years with the department (CDCR) that this could be possible. To think that we would have programs like this (Code 7370) is beyond me. It’s a very positive thing to see,” Kernan said.
Participants of Code 7370 Az Ford, Aly Tamboura and Jason Jones presented websites and web applications they developed from scratch to Kernan, who asked, “Does this program really make a difference to inmates?” Instantly all inmates replied, “Yes, of course. Absolutely.”
“I was having disciplinary problems for 10 months. For six months I was on C–status, where I was confined to my cell, and for four months I lost my privileges. Code 7370 changed my life and pushed me to take other programs,” said graduate Jones, who introduced his website called Getting Parents’ Attention (GPA) to Kernan.
“It does make a difference, especially for those prisoners who are looking for a viable skill to use when they parole,” said graduate Henry Hemphill. “It’s a huge interest for inmates; many of them ask to come to San Quentin to learn vocational and coding skills. The news about the coding program is spreading.”
Code 7370, was founded by Chris Redlitz and Beverly Parenti in partnership with the California Prison Industry Authority. 
The California-based nonprofit organization Turn 2 U, Inc., will start a joint-venture program with the business name RebootSQ, according to CDCR press release. The business will employ seven offenders at San Quentin, with plans to hire more inmate coders.
Only a few selected graduates of the Code 7370 class will be able to work for Turn 2 U’s joint venture as software engineers. These men will “have a marketable job skill, a relevant portfolio, and savings to help them with successful reentry,” said Redlitz.
“The prison should be very proud of what they have accomplished. Warden Davis and Lt. Robinson shouldn’t expect anything less,” Kernan said. “I’m very proud of the CDCR officers who work hard every day to keep the prisons safe. The volunteers and correctional officers are a shining example of what rehabilitation in prison should look like.”
Kernan hopes to bridge the gap between correctional officers and inmates. He said it will be a challenge, but it would also create a safer environment for both parties.
Kernan recalled some violent times when he first started working in the department 30 years ago. “Things are now starting to change more and more toward rehabilitation, so as staff we need to be professional in helping this change. I know that we have some work to do, but I also know that it is possible.”
Getting rehabilitation programs to rural areas is more of a challenge for the department because it’s hard to get volunteers willing to travel long distances. However, Kernan said he’s currently working on ways to bridge this gap.
“There is a lady who takes children to Calipatria State Prison to spend a week with their fathers. Those are the volunteers we need—committed and dedicated to rehabilitation,” said Kernan. “I’m also aware of the large Spanish-speaking population in our prisons. A problem is the lack of Spanish-speaking volunteers to help run those programs.”
Kernan indicated the governor is giving reasonable grants for long-term offenders’ re-entry programs for parolees and a number of programs that are aimed toward rehabilitation.
As for the “lifer” population, Kernan said that, “We are looking at lifers and those lifers without the possibility of parole who have sustained positive behavior and how we can open opportunities for these groups.”
To Kernan, ex-convicts working with CDCR are important. “Many parolees have been given entrance to Pelican Bay and Kern Valley state prisons. They go in and give speeches. I am not opposed to having ex-convicts come back inside the prison, on a case-by-case basis,” said Kernan.
After watching Code 7370’s graduates give presentations, Kernan went on to tour the prison’s education department. Kernan said, “I want to be able to provide inmates programs that will help them with their rehabilitation and help inmates see that there is hope at the end of the tunnel.”
When asked to comment on Gov. Jerry Brown’s rehabilitation act initiative, which is expected to be on the November ballot, Kernan declined to comment other than saying, “I will say this initiative, if passed, will give more hope to inmates and hope for positive changes I support.”
–Aly Tamboura also contributed to this article

Working Together Towards a Brighter Future

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Editor-in-ChiefI arrived at San Quentin State Prison in 2007 from Soledad along with 20 other prisoners. It wasn’t 24 hours before we were called to the lieutenant’s office and warned, “San Quentin is not your average prison, and we don’t need trouble makers like you guys here.”
Being a Black man, with tattoos and braids, opens a door for society to judge me by my appearance. Yet, I refuse to succumb to the pressure of societal beliefs of what a Black man should look like and how he should behave.
I immediately enrolled in the Prison University Project because I wanted an education; I was determined to not be judged only by my looks and labeled a trouble maker.
I was soon placed in the vocational print shop with instructor John Wilkerson. On my first day he asked me to fold newspapers for San Quentin News (SQ News). By the end of the day, I really hated SQ News.
As time went on, Wilkerson taught me how to operate a grumpy old Heidelberg printing press. I printed the SQ News and institutional calendars on the Heidelberg until the print shop closed in 2009. I was the last prisoner to operate the Heidelberg and receive a vocational trade in offset printing, thanks to Wilkerson.
After the print shop closed, then Editor-in-Chief Michael Harris and Arnulfo Garcia asked if I would continue running the press to print the SQ News.
The last edition of the SQ News printed at San Quentin was in April 2010. Since then, an outside printing plant has taken over the job, thanks to our former adviser, Steve McNamara.
I later learned how to design SQ News using Adobe Acrobat and Adobe InDesign with the help of Aly Tamboura. Having the opportunity to design the SQ News gave me a chance to really understand why prisoners write stories for publication.
In my opinion, the SQ News stories highlight prisoners who want society to know what real rehabilitation looks like. We write about programs that work and about policies that don’t.
We are proud pupils of longtime advisers – Linda Xiques, Professor William Drummond, Jon Spurlock, Joan Lisetor, John Eagan and Steve McNamara. Our new volunteers (and soon-to-become advisers) – Nikki Meredith, Josh Quittner, Sarah Horowitz, Quentin Hardy, Susanne Karch and Jan Perry are leaders with a strong belief in people like us who are striving toward rehabilitation.
As a father and grandfather, public safety is now and should have been all along my primary focus in life. I realize the damage and corresponding effects I have caused to my victims and their families, to my family and their communities.
No one who knew me earlier could ever believe that I could or would attempt to improve the lives that matter to all of us through writing. Building a working relationship with the California Department of Corrections and Rehabilitation Press Secretary Vicky Waters and Public Information Officers Krissi Khokhobashvili and Lt. S. Robinson has given me the opportunity to have a dialogue about important criminal justice policies that affect society and public safety.
As I step into the role of the editor-in-chief, it is my responsibility to ensure that SQ News continues to move forward and explore programs that change prison culture and embrace policies which open doors to rehabilitation.
It is and always will be our goal to make SQ News accessible to every prisoner in California. We know the task isn’t going to be easy as we struggle for funds to provide a newspaper for each and every prisoner. We are not there yet, but we’re working to make that happen.
Regardless of what society thinks about you (or me) as a prisoner, your voice is important, and it needs to be heard. Feel free to come to the Journalism Guild in the newsroom on Friday mornings, at 9 a.m., and learn how to express yourself through writing. If you are at another prison, please send us your thoughts via mail. Your letters are valuable, and they define the reality of our growth here at SQ News.

Alliance for Change Wonders: ‘What Would You Do?’

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To prepare inmates for release from prison, one of San Quentin’s self-help groups puts them through real-life situations with all sorts of typical complications thrown at them.
Known as Alliance for CHANGE (Creating Hope and New Goals Ethically), or AFC, the group’s mission is to facilitate the pre- and post-release socialization of prisoners, in order to increase successful reintegration into the community.
AFC pursues its mission by creating a unique “virtual” environment, utilizing realistic situations, to teach and encourage participants to embrace community standards.
The Virtual Community helps participants develop parole and relapse-prevention plans. They also learn how to fill out job applications, create resumes and their own cover letters.
Participating inmates are taught what to wear and how to conduct themselves during a job interview, how to establish credit, create a budget, open a bank account and apply for government assistance, if necessary. The course includes filling out an application for an identification card and taking the DMV written test for driving.
Seven participants in the current class have been “virtually” released from a half-way house and forced to reintegrate back into society on their own. They are assumed to be living in an area where the crime rate is high and the income is low.
The AFC Virtual Community “provided” the returning citizens with good-paying jobs and helped them fill out an application for an apartment. They had the choice of whether or not to have a roommate.
Within the first 72 hours, these returning citizens had to report to a parole officer.
Complications arise, however. One individual called “Tick” bumps into a “homeboy” from his old neighborhood gang. Tick considers the guy a lifetime friend.
Another participant, “Tack” runs into his ex-girlfriend, who invites him to come over to her house whenever he finds the time.
So far three parolees in the Virtual Community have already violated parole because they lacked the support system that they needed and relapsed back into their drug-addicted behavior. The other four are struggling to stay focused on becoming productive citizens in their neighborhoods. (See note below: What Would You Do?)
These are some of the typical scenarios thrown at the participants in the Virtual Community.
Aside from the Virtual Community training, the prisoners learn social justice theories, such as Procedure, Distributive, Retributive, Transitional, Community, Restorative Justices and Transformative Justice.
Procedural Justice has to do with how decisions are made and fairly implemented, which makes people feel respected. Consistency, impartiality, participation and transparency are all key principles underlying Procedural Justice.
Distributive Justice means that community rights and resources are evenly applied and that there are common advantages and common burdens in the community.
Retributive Justice is a theory of justice that considers punishment, if proportionate, to be the best response to crime. The retributive model emphasizes deterrence and punishment through the criminal justice process.
Transitional Justice refers to various types of measures throughout the world that deal with human rights issues, including criminal prosecutions, truth commissions, reparations programs and various kinds of institutional reforms.
Community Justice confronts crime by active problem-solving aimed at prevention, control, reduction and reparations of the harm wrongdoing has caused. The goal is creating and maintaining vital, healthy, safe and just communities, and improving the quality of life for all citizens.
Restorative Justice focuses on victims’ and offenders’ needs, as well as the community’s needs, instead of abstract legal principles or punishment. It is based on the belief that offenses occur against individuals or the community, not the state.
Transformative Justice is a theory that justice cannot be obtained by mass incarceration, but through community involvement.
After graduation, AFC encourages inmates to continue participating in their virtual world while learning to deal with the challenges that parolees face as returning citizens.
The latest group of 29 participants began training in February.
Graduates who complete the AFC program are welcomed back as mentors to new participants.

Gov. Brown Signs Senate Bill 1010

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Legislation to eliminate disparities for certain drug crimes has made its way through the California Legislature.
The measure, SB 1010, would “reduce the penalty for possession for sale of cocaine base to be the same as that for powder cocaine” and revises “the guidelines for probation eligibility for both the possession for sale of powder cocaine and cocaine base.”
The bill, titled the California Fair Sentencing Act, is authored by Sen. Holly Mitchell, D-Los Angeles.
Opposition to the measure has surfaced from the California Narcotics Officers Association and California Police Chiefs Association.
The CPCA is quoted in the bill analysis as saying, “We believe that the preferable approach is to raise the penalties for powder cocaine trafficking to the same level that currently exists for trafficking in cocaine base … Although we support equalizing the penalty structures, we do not believe that drug traffickers — who visit real harm on communities — should be the beneficiaries of legislation that equalizes the penalty structure.”
Advocates for SB 1010 include Susan Burton, Michelle Alexander, Jonathan Simon and Dr. Joy Degrew. They suggest that for years disproportionate sentencing practices have targeted specific races. In her book, A New Way of Life, Burton wrote that, “For far too many years, we have had to watch harsh penalties applied disproportionately to black and brown urban communities.”
The California Department of Corrections and Rehabilitation reports that from 2005 to 2010, statistics show that blacks accounted for 77.4 percent, Latinos 18.1 percent and whites less than 2 percent of the people who were convicted and sentenced to prison for the possession and sales of crack cocaine.
Delia de la Vara, vice president of the National Council for La Raza, California Region, told the ACLU, “Statistics don’t lie. Communities of color are treated differently within California’s judicial system, often subjected to harsher sentencing for essentially the same crimes as their white counterparts.”
Supporters of the bill include Los Angeles District Attorney Jackie Lacey, Santa Clara District Attorney Jeff Rosen, San Francisco District Attorney George Gascón and Santa Barbara District Attorney Joyce Dudley.
After Assembly approval, SB 1010 advanced to the full Senate for final legislative action. On Sept. 29, Gov. Jerry Brown signed the bill.

Freedom After 15 Years In Prison

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It’s a new and strange world for Gary Scott, who was arrested for second-degree murder at the age of 15 and recently paroled after spending 15 years in prison.
“It’s surreal,” Scott told and Oakland Tribune columnist Tammerlin Drummond. “The first night I couldn’t sleep because I was afraid it was a dream and when I woke up it wouldn’t be real.”
Scott, whose nickname is Malachi, was sports editor of the San Quentin News.
“When I found out that I was found suitable, it felt like a heavy burden was lifted off of my chest, and I was smiling from ear to ear. However, people don’t know how much my heart hurts for the person and his family I destroyed,” Scott said.
During a failed robbery Scott said, “I tried to shoot him in the arm during a struggle for the gun, instead I ended up taking his life.”
“In 2002 I had terrible nightmares. I felt guilt and shame. Even on the streets I felt like there was a dark cloud hovering over me everywhere I went,” he said.
Despite having haunting nightmares, Scott said he continued to “pray and ask for forgiveness.” Scott said his transformation was first spiritual. Attending only AA and NA classes at Corcoran State Prison because the programs were limited, Scott said he was denied parole suitability due to rule violations for grooming standards, delaying lockup and delaying feeding.
Born in 1982 and raised in South Central Los Angeles by Brenda Wimbish, Scott said he grew up without knowing his biological father. “I would love to have seen and met him,” he said. “I felt a sense of uncertainty about my history. I acted like I didn’t care about not knowing my father. Knowing him probably would’ve given me more of an identity.”
Adding to his insecurities, Scott said, his mother “was trying to raise me right; however, the male role models that I encountered were not helpful to my growth.”
Without a strong foundation, Scott said he felt detached from his household. “My disconnection with my family made it easy for me to turn towards the streets and into the gang life at the age of 13,” he said.
During the first few years of incarceration, Scott said he felt “fear, anxiety, and a sense of hopelessness and helplessness. I was uncertain of my future and unsure what would happen to me. I thought I would spend the rest of my life in prison.”
Once Scott arrived at San Quentin in 2008, he said he took advantage of various programs, including Non-Violent Communication, VOEG, and IMPACT. He said he was the first in his family to get a college degree when he graduated from Patten University this year.
“A collaboration of people has been supportive and instrumental to my growth during this process — Stewart and Israel, Darnell Hill, Shaheed. It is just too many people to name,” Scott said smiling.
“People don’t know how much my heart hurts for the person and his family I destroyed”
The New York Times published an article he wrote “about how prison is too violent for young offenders and the transformations that should take place for juveniles,” adding, “Prison is too violent for juveniles, they should be in a setting that’s conducive towards rehabilitation.”
As a convicted teenager, Scott said he spent his time focusing on youth issues.
In 2010, he co-founded Kid C.A.T. Creating Awareness Together, a program that “inspires humanity through education, mentorship, and restorative practices,” according to its mission statement.
On June 12, during the Kid C.A.T. banquet, Chairman Michael Nelson gave a special congratulation to Scott for overcoming his incarceration and being paroled.
Scott was also involved with the SQUIRES program­—an organization within San Quentin that mentors at-risk youth in hopes of encouraging young people in a positive direction. “Working with the kids, seeing the way we impact their lives, makes me want to continue the process,” Scott said.
“Malachi is one of the most thoughtful and sincere people I know,” said San Quentin Facebook adviser Lizzie Buchen. “I’ve learned a lot from him — how to stay focused on your priorities, how to confront people with compassion, how to approach every situation with integrity and an open heart. I can’t wait to see what he accomplishes now that he’s free.”
“He showed me the ropes on how to cover a sports story for the S.Q. News, and I hope I can make him proud,” said San Quentin A’s player Ruben Harper, who is now handling sports for the newspaper.
Scott said rehabilitation begins with “learning about us, learning how our behaviors impact others. Keep taking responsibility; until that happens you don’t know where to start.”
“The first thing I want to do is work with at-risk youth. And I want to be a motivational speaker through Hip Hop,” said Scott. He added, “I want to come back and give back to San Quentin or anywhere to tell my story.”
– Phoeun You contributed to this article

Prisons and Public Safety

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As America’s distinction of having the highest incarceration rate of all industrialized nations begins to take a toll on state and local governments, Republican and Democratic platforms outline plans to keep the public safe from crime while reducing the prison population.

GOP PLATFORM

The Grand Old Party’s new platform breaks from the comprehensive “tough on crime” policies the party is known for. They support state and local governments that provide initiatives that will reduce drug abuse and redirects first-time offenders towards rehabilitation. The platform further emphasizes that “Prisons should do more than punish; they should attempt to rehabilitate and institute proven prisoner reentry systems to reduce recidivism and future victimization.”
The platform alsoendorses faith-based institutions that would divert the youth and first-time, non-violent offenders from committing more crimes.

MANDATORY SENTENCES

But much of the platform continues to favor the “lock ‘em up” strategy. The party advocates for mandatory prison time for assaults against law enforcement officers is a step in the right direction. The 2012 Republican Platform also says, “Mandatory prison sentencing for gang crimes, violent or sexual offenses against children, repeat drug dealers, rape and robbery are appropriate sentences.”
“Liberals do not understand this simple axiom: criminals behind bars cannot harm the general public,” the platform reads. The platform opposes parole for dangerous or repeat felons and supports a national registry for convicted child murderers.

DNC PLATFORM

The 2012 Democratic National Platform has a different approach to public safety. Its platform takes credit for having created the Federal Interagency Reentry Council in 2011 and the Fair Sentencing Act, which reduces racial disparities for sentences that involves drug crimes. “DNA testing should be used in all appropriate circumstances. Defendants should have effective assistance of counsel, and the administration of justice should be fair and impartial,” reads the Democratic document.

The party supports the Community Oriented Policing Services program, which is a community-based law enforcement program, as well as “local prison-to-work programs and other initiatives to reduce recidivism.”
The Democratic Party advocates for continuing to expand the use of drug courts.

VICTIM RIGHTS

Democrats emphasizes the rights of victims should be respected and their voices heard. “We support reauthorizing the bipartisan Violence Against Women Act,” the document says.

Study Rebuts Theory Behind Longer Prison Sentences

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Locking up non-violent criminals for lengthy prison terms fails to improve public safety, a public-interest research report concludes.
“There is little or no evidence that keeping them [offenders] locked up longer prevents additional crime,” according to The Pew Center on the States.
Between 1972 and 2011, the United States enacted numerous laws intended to take criminals off the streets through long-term incarceration. Advocates for that strategy say it would enhance public safety.
During this same period, the U.S. Congress influenced state sentencing policies by tying public safety funding to the Truth-in-Sentencing laws. States could only receive federal grants if prisoners served 80-85 percent of their terms. One result, during the last two decades, was the prison population in the United States rose 700 percent.
The “lock ‘em up and throw away the key” approach has reached its tipping point and policy-makers can help by adjusting the amount of time offenders serve behind bars, according to the report titled, Time Served – The High Cost, Low Return of Long Prison Terms.
The report quotes California Senate President, Pro tempore, Darrell Steinberg as saying, “We need to do a better job of distinguishing between violent offenders who should be in state prison for a long time to protect the public, and those who can serve their sentences in ways that are frankly less expensive to the taxpayer and consistent with public safety.”
Nearly 90 percent of likely voters in a 2012 poll support shortening prison terms by up to a year for low-risk, non-violent offenders if they have behaved well in prison or completed programming, according the report. The poll also showed support for using prison savings for alternatives to incarceration.
To read the study, TIME SERVED, The High Cost, Low Return of Longer Prison Terms, go to www.pewstates.org

The Men’s Advisory Council

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EXECUTIVE CHAIRMAN EXPLAINS ITS FUNCTION

When California prisoners have a general problem, the first stop is usually with somebody like Sam W. Johnson Sr., executive chairman of the San Quentin Men’s Advisory Council.
MAC’s job is “to advise and communicate with the warden and other staff those matters of common interest and concern to the inmate general population,” Johnson said.
MAC is composed of an elected representative from each of the prison buildings.
“I became a MAC representative because I wanted to help the general population create a better living environment where positive growth can happen,” said Johnson.
He said he wants to be a realistic voice of the general population to the administration; however, “What the general population sometime doesn’t realize is the MAC representative is not an alternative for the inmate grievance process or someone’s personal problem.”
“If the specific problem doesn’t affect the overall population, then the MAC really can’t do anything about it. Furthermore, the administration still has the last say on any concern. All we can do is present the issue or problem to the administration,” Johnson added. “Depending on the significance of the issue, if we’re not satisfied, we can always appeal to Sacramento.”
The living conditions in West Block were partly resolved after appealing to Sacramento by its block chairman, Jamal Lewis. The remaining issues are being reviewed by the San Quentin administration, Lewis said.

“When we all work together we can accomplish anything”

As another example of how MAC can be effective, Johnson said recently the administration discovered a “kite” (note) indicating an approaching clash between African-American and Caucasian inmates.
Johnson and the MAC representatives looked into the truthfulness of the note. After going to each building, talking to individual groups regardless of their race, found the note was a fake. The MAC representatives reported that the note was a fake to the administration. After the administration confirmed the note had no validity, institutional programming was not disrupted.
“When we all work together, we can accomplish anything. Our goal is to live in a productive environment,” Johnson said.
Reflecting on his background, Johnson said when he first arrived in prison, he realized his attitude and his way of thinking was an anchor holding him down, and it was the real reason he ended up in prison.
He said attending the Victim Offender Reconciliation Group at Solano State Prison made him realize he didn’t have to continue thinking and believing in old stereotypes regarding violence and prison culture. However, it wasn’t until he arrived at San Quentin and enrolled in the Victim Offender Education Group that he was able to let go of his old way of thinking and behavioral problems.
He said VOEG changed his life, allowing him to appreciate the importance of community.
“People who come from other institutions are not aware of how many programs are here. If they participate in them, they’ll eventually grow to appreciate all the help that this prison has to offer,” Johnson added.
Johnson said Acting Warden Kevin Chappell and Chief Deputy Warden Rodriguez are making his job easy because they support San Quentin’s many self-help programs and educational opportunities.

Prison Investors Back Tough Laws

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Privately owned prison investors are banking on incarceration instead of rehabilitation by supporting politicians who are “tough on crime,” according to a new report analyzing how corporations affect U.S. prison policy.
From 1995 to 2010, the privately owned prison population in the U.S. rose from three percent to eight percent because more criminals are being sentenced under harsher laws and are receiving longer sentences.
Many states transfer inmates from overcrowded prisons to privately owned prisons instead of implementing evidence-based rehabilitation policies, according to the report. Those policies have shown to reduce overcrowding by lowering recidivism rates.
Corrections Corporation of America and the Geo Group are the two major privately owned prison contractors in the U.S. They grossed more than $3 billion in 2011.
The report claims private prisons are plagued with a lack of oversight and poor medical conditions. It adds that women, the mentally ill or serious offender are not likely to be housed in private prisons because of the high cost it will take to care for them.
“Private prisons experience a higher proportion of Inmate-on-inmate assaults” due to the lack of oversight, the report says.
In 2008, the U.S. Immigration and Custom detained Hui Lui “Jason” Ng, and transferred him to a privately owned facility. Ng died while in the custody of the private prison because officials thought he was faking his medical condition, according to a lawsuit filed on his behalf.
Another report, by the Justice Policy Institute, details how corporations such as CCA, GEO and Cornell Company donated over $3.7 million to politicians, party committees, and ballot measures. These corporations also spent more than $1.5 million on federal lobbying.
Privately owned prison corporations, according to the report, influenced laws such as California’s Three-Strikes Law and other sentencing laws intended to increase the length of imprisonment.
A legal challenge of Arizona’s immigration bill, now pending before the U.S. Supreme Court, shows that 36 co-sponsors of the bill received donations from lobbyists tied to the prison industry, the report says.
Privately owned prison investors oppose sentencing reform or legislation that will reduce the need for more prisons, the report concludes.
The report, Prison Bed Profiteers: How Corporations Are Reshaping Criminal Justice in the U.S., was prepared for the National Council on Crime and Delinquency.

Appeals Court Ruling Says Jury Must Decide Strikes

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A recent court ruling gives renewed hope to prisoners sentenced under the nation’s harshest Three Strikes law.
The May 3 ruling overturned James Calloway’s 2001 sentence of 25 years to life for failing to comply with California’s Sex Offender Registration Act – his third strike.
Calloway appealed, arguing that a Superior Court judge had erred in classifying his 1993 assault as a strike. The judge had relied on transcripts and records to determine that the assault inflicted great bodily injury upon his victim, but a recent federal decision ruled that a judge must rely on facts found by the jury.
The decision, which reversed Calloway’s second strike, may have implications for a number of California’s prisoners. CDCR records show that more than 5,858 second strikers and 1,091 third strikers have strikes for assault.
Recently, a San Quentin inmate name LaQuan Hayes was sent back to court under a similar issue that Calloway found his relief under.
 

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