San Quentin News

Written By Incarcerated - Advancing Social Justice

Marin’s Chief Probation Officer focuses on restorative justice

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Marin County Chief Probation Officer Mike Daly

Mike Daly, the chief probation officer in Marin County, believes in restorative justice, something he’s put into practice instead of talking about it.

During an interview with SQ News in January, Daly discussed pro-social thinking and how to “rewire’ people to be the best they can be after becoming involved in the criminal justice system.

“I want people to know that restorative justice does work, and there’s data to prove it,” said Daly. “It should be part of a forward thinking criminal justice system.”

To successfully undertake restorative justice as a model, he said, there has to be input from district attorneys, victims, offenders and other stakeholders.

In Marin County, “Cases are referred to the probation department for restorative justice only after being cleared by the Marin County District Attorney’s Office and the Marin County Public Defender’s Office,” the Marin Independent Journal reported

For three years, Daly’s office has been innovative in its approach to criminal justice.

“I think I’m the first in Marin to hire someone to do restorative justice,” he said. “We offer that if the victim is okay with it. We want to be careful not to re-victimize…”

Citing some of the failures mass incarceration has produced over the last 30 years, Daly said a change in the culture of corrections needs to take place as well. He acknowledged the increase in California’s prison population didn’t happen overnight but said the legislature was asleep at the wheel for two decades.

Between 1990 and 2005, a new prison opened in the United States every 10 days,” wrote Bryan Stevenson, attorney and founder of the Equal Justice Initiative, in his book Just Mercy. “Prison growth and the resulting ‘prison-industrial complex’ – the business interests that capitalize on prison construction – made imprisonment so profitable that millions of dollars were spent lobbying state legislators…”

“We didn’t examine or make adjustments,” Daly said of the years California’s recidivism rate was at 70%.

He said it was there for a long time, and every year the state budget kept going up. Eventually a federal three-judge panel stepped in.

When that happened, the courts instructed California to reduce and maintain its state prison population at a cap of 137.5% of design capacity in order to deliver adequate medical care to all inmates.

Shortly thereafter, in 2011, California lawmakers passed Assembly Bill 109, Public Safety Realignment, and implemented it to manage the state’s unprecedented growth in its prison population.

Other significant reforms followed in California’s criminal justice landscape. Changes in the law such as Proposition 57 are changing the situation, he said, while admitting it’s not perfect, “but it’s a start.”

Daly said he’s worked with Ralph Diaz, secretary of the California Department of Corrections and Rehabilitation.

They’ve established a Skype program that allows inmates headed for post-release community supervision (PRCS) to communicate with their probation officer before leaving state prison.

Daly was president of the Chief Probation Officers of California in 2014. According to the Marin County Probation Department website, “(former) Governor Brown had placed a tremendous amount of responsibility on the shoulders of probation departments across the state. You don’t do that unless you have trust and confidence in your partners.”

Daly said he felt that trust.

“We will work with Governor Newsom and hopefully create the same trusting bond that we had with Governor Brown,” the probation department website states.

“We’re not a ‘lock ‘em up county,’” said Daly. “I’m happy that Marin has adjusted to Realignment very well.”

He said all of its criminal justice leaders who voted to allocate funding feel that strong rehabilitative programs are the best for public safety.

Assembly Bill 109 provides funding for many of Marin County’s support systems such as finding shelter for those on probation.

“We will pay for that free, for the first six months,” said Daly.

Daly noted that Senate Bill 678 also provides funding for programs that offset prison.

“This bill was introduced around 2008, and it’s still active today,” he said.

The Edward Byrne Memorial Justice Assistance Grant Program also funds Daly’s restorative justice service, the Independent Journal reported. Daly stressed that defendants who participate in this program are less likely to reoffend.

Daly was appointed as Chief Probation Officer in 2009 by the Board of Supervisors, but confessed he wasn’t ready to deal with the politics that came with the job. Since Realignment, the management of lower-level prisoners was shifted from the state prison and parole system to the county jail and probation system.

To promote justice, Daly said “We’re proposing that the age of jurisdiction for juveniles be 18 to 19,” citing the science behind brain development and the foundational reasoning that the brain is still in a stage of development between the ages 18 and 25.

“We all have our points of change,” said Daly. “What I’m trying to develop [in them] is intrinsic motivation. Sometimes guys don’t care about themselves so it’s hard to make those changes. When you make that move intrinsically you have a much higher likelihood of being successful.”

“I’ve seen guys who’ve turned the corner,” said Daly, adding “Extrinsic motivation doesn’t work on guys from the hood. You have much more success when you develop intrinsic motivation.”

Daly said statewide, 8% of those on PRCS violate their probation and return to prison, but in Marin County the number is 2%. “We’re considered a high performing county,” he said.

In 1990, Daly received his bachelor’s degree from Cal Poly in Social Science with a concentration in criminal justice—the same year he started his career with Marin Probation. In 1999 he earned a master’s degree in public administration from Golden Gate University.

“I’m super proud about (restorative justice) and I’m looking to expand,” said Daly. “I’d like people to know that we are the first department in California solely to conduct restorative justice for offender and victim. I’m pretty proud of the footprint we have in Marin.”

Donovan Correctional Facility becomes first American Prison to break ground on restorative justice

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By Shawn Khalifa, Contributor Writer

Sunday Morning Fellowship gathering together for healing

History was made and we were there. It was the first Restorative Justice Fair held inside an American prison.

The three-day August fair opened inside the Facility-E Gymnasium at R.J. Donovan Correctional Facility. One hundred chairs formed the foundation of a connecting circle. Brahmankyrie, a Restorative Justice super-supporter, gave her opening salvo on her BOSE speaker system.

“Welcome!,” she greeted the participants. The overstuffed gym, with tight security, had a long line of residents hoping to enter but they were turned away due to overcrowding. All those within the connection circle were invited to a grounding exercise that involved deep breathing and placing feet flat on the floor—each inhale bringing up positive energy and love from the planet that sustains us, while exhaling negative energy into the core of the earth. “Did you feel it?,” asked the leader

District Attorney Khemal Johnson-Williams came into the prison in the name of Restorative Justice. D.A. Johnson-Williams walked around the entire circle shaking hands and saying his name.

He then joined the circle and passed around questions such as “What can another person do to make you feel valued?” Speaking beads and a microphone were passed around so that all could be heard. Fully participating, D.A. Johnson-Williams transformed from district attorney to a victim of crime. He shared that four of his close family members and a best friend had been tragically murdered. “How do you honor those that you have lost?,” was another question the DA passed around.

“My definition of living amends is not being willing to compromise with criminal behavior due to a changed belief system,”

Dr. Andrea Travers, of VOEG (Victim Offenders Education Group), held a remorse-processing workshop in the prison visiting room.

Brahmankyrie enjoying the day inside prison

“The event made such a strong impact on me because it dealt with remorse, something I have had a hard time dealing with,” said participant Aurelio Martin Sepulveda. “The manner in which the process was explained was very insightful. I was able to relate to everybody present in one way or another. I am grateful to learn from that experience.”

From a stage in the middle of the yard, performers spoke about “giving living amends” during their performances.

“My definition of living amends is not being willing to compromise with any form of criminal behavior due to a changed belief system,” said Melvin Price, a participant performer.

Anon Jon Alexander added, “In sharing our talents with fellow, alongside free staff and visitors, Echo Yard is opening a portal of positive reinforcement, which in turn expedites rehabilitative reintegration back to society.”

Alexander performed “Chrysalis” a song about metamorphosis.

“Because from prisoner to president, we all have the same 24 hours to be used constructively,” said Alexander. “When invested into such creative expression, it is also less likely to get sucked into negative politics or tribalism/violence.”

On Booth Day, thirteen canopies were arranged in a “U” formation facing the stage. Purple decorations were on display (purple being the signifying color for domestic violence awareness). Under the canopies were 26 Arts-In-Corrections programs, peer-to-peer groups, Southwestern College, Mental Health, The Brahman Project, Eastlake Church, and several other service providers.

The fair atmosphere picked up when the booths opened and the stage lineup was in full swing. Bill Brown, of the Prison Yoga Project, got everybody grounded with early morning chair yoga. Romero and Rose followed with a native flute song and rattle. With the relaxing energy established, Essie Mae Horne stepped on stage to share with the crowd her loss. The participants provided a healing ear and were honored by the privilege of being able to hear her story.

District attorney Marissa Bejarano, also came to the prison to talk with its residents. She spoke about the effects of sex trafficking on the victims. It is rare, if not unheard of, for a district attorney to visit the prison to share but Facility-E received two. A moment of silence was also held for the victims of shootings throughout the United States.

Raquel Funches, of Southwestern College, https://www.swccd.edu/ was available to assist, motivate and interact with the facility’s large college student population at their booth. The booths were staffed with a combination of residents and service providers. Funches’ support and generous effort to instill “No Violence” into the culture at this facility will never be forgotten. She is a driving force of Restorative Justice.

“It was an empowering experience to witness,” said Funches. I’m fortunate to have had the opportunity to be included in the residents’ rehabilitative efforts.”

Raquel shared her booth with Tanya, another proud advocate for Restorative Justice, and Patrice, the Director of Southwestern College’s Restorative Justice Program. Another strong voice in the community was the head of the Alternative to Violence Program (AVP), Shandreka, who kindly postponed the AVP class to allow herself, facilitators and students to get the most out of the weekend.

Devaki sending prayers and blessings to everyone

The biggest impact was felt off-stage in the facility’s Multi-Faith Room. One by one, residents read their remorse letters to women who had suffered from abuse. Then a purple friendship bracelet was placed on their wrist.

“We all came together in the spirit of Restorative Justice, and remorse,” said Ryan Grider. “This was the most powerful room I’ve been in during my 17 years of incarceration.”

“An overwhelming feeling of remorse, and surrender filled my heart. For offenders and victims of crime to come together to heal, it speaks volumes of the real work it takes to restore justice. I am so grateful that I had the privilege to be part of this powerful process,” Grider continued.

The fair weekend ended as it began with Brahmankyrie in a jam-packed gymnasium practicing a Satsang meditation of forgiveness. The canopies came down for the last time. The message of connection, love and healing rang throughout the event.

“These three days of the fair were the best days of my life,” said Ruben Radillo, E-yard resident.

Starlight Peace Project– #NoViolence

This article was edited for length and according to the AP style

Two restorative justice classes celebrate completion

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Incarcerated men and community members from the local San Francisco Bay Area met in San Quentin’s Protestant Chapel on Aug. 16 to celebrate the graduation of two restorative justice programs.

The Victim Offender Education Group (VOEG pronounced “vogue”) and Next Step honored dozens of incarcerated men who completed the year- long programs, sponsored by Insight Prison Project (IPP).

“The transformation I see in so many of you is why we keep doing the work that we do,” said IPP Executive Director Leonard Rubio.

Rubio talked about the violence prevention program No More Tears, another IPP-sponsored program at San Quentin.

“It’s not about one individual, it’s about what we do together,” Rubio said, near tears with his voice breaking. “Hurt people hurt people and healed people heal people,” he continued. Rubio spent 23 years incarcerated before paroling from San Quentin in 2010.

Joyful Noise Gospel Singers opened the ceremony with several songs.

Glitches with clearances pre- vented some of the more important guests—formerly incarcerated VOEG participants—from attending. In fact, nearly half the choir, including its leader, didn’t make it to the event. The remaining members, however, recruited some community guests and renamed the choir Joyful Noise Gospel Singers plus Community.

Harmonica player Gary Harrell, an incarcerated artist and musician, rhythmically chimed in with the singing as the nearly 100 audience members kept the beat with hand clapping—two guitar players-in-blue stood stage left improvising with the upright bass player from Joyful Noise.

“As they were singing those songs, I wanted to start preaching up here,” said host Darell “Obadiah” Flowers. “VOEG has been a great experience for me. This year has been challenging,” he said. “Change and transformation has a struggle. But we are resilient. VOEG has been an intricate part of my life.”

Orlando Harris has been a VOEG peer educator for more than a decade.

“We’ve done some terrible things to get here, but they don’t define who we are,” Harris said. “If you’re serious about this work, it will change your life.”

Derrick Holloway talked about his experience attending the two-day Survivor’s Panel. The panel consists of survivors of crime who tell their stories.

“VOEG opened me up to what I’ve done,” Holloway said. “I was very scared…you know…when you’ve committed a terrible crime…when I had to share my crime is when it connected with me,” Holloway said. He is serving a life sentence for murder.

Spanish VOEG facilitator Christina Madariaga is so impressed by the program, she talks to her mother regularly about the work the men do on themselves. “Those men are so beautiful,” she tells her mother.

Romeo Bacos talked about how writing a crime impact statement and remorse letter affected him. He said the pinnacle for him was during the victim/ survivors panel.

“There is a saying, ‘You can know about Alaska, an Eskimo can tell you all about it.’ Our victim/survivor panel knows everything about pain, loss, and extreme heartache,” Bacos said. He said that during the lunch break, he asked one woman on the panel what he could do to help her on her healing journey. She replied, “Hold yourself accountable.”
In tears, Bacos said that those three words further motivated him to continue his mission to give back to all the people he’s harmed.

“It is my vision that there will be no need for a VOEG class, until then, I will not stop,” Bacos said.

One of the original out- side facilitators for VOEG, Rochelle Edwards, told the graduates, “It’s been a great honor and journey…I hope it continues.”

Spanish band Gerry and the Tornadoes played traditional Spanish music. The last song, “Blue by You” was performed in Spanish, with the last verse sung in English.

Gerry Sanchez-Muratal- la, guitar/vocals; T. Lamas Muratalla, guitar/vocals; B. Marroquin, vocals; J. Vieyra, bass

San Francisco’s DA has challenged the status quo again

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San Francisco DA George Gascón

San Francisco District Attorney George Gascon, a lead- er in restorative justice and social reform, has challenged the status quo again.

At the 14th annual Harry Frank Guggenheim Symposium at John Jay College in New York, the ex-police chief turned prosecutor, described the incarceration of people in both our county jails and state prisons as an entry into the “universities of crime.”

“We are more violent, collectively, than the people we’re afraid of,” said Gascon. “We get angry at people and throw them in jail and forget about them.”

Gascon reflected on his creation of Neighborhood Courts in 2012. The precedent-setting community justice system initiated the training of neighboring volunteers to hear non-violent misdemeanor cases.

This allowed the social web of a community to heal by empowering the Neighborhood Courts to engage with both the low-level offender and their victims to expedite a more thorough healing process for all involved.

After hearing the legal matters of a case, the representatives of the Neighborhood Courts issue “directives” to offenders about making amends. According to Megan Hadley of The Crime Report, the sanctions in the Neighborhood Courts included writing an apology letter, fixing damages caused and paying for damages.

Hadley also said, the district attorney believes victims are satisfied because they get to take part in the restorative process.

Not everyone agrees with the more holistic approach to punishment that Gascon envisioned when he created the Neighborhood Courts in 2012.

In fact, when he ran for re-election in 2014, police unions, whose income and retirements hinge on prosecution and incarceration, attempted to create political discord by objecting through local radio stations and social media.

The Crime Report revealed during Gascon’s re- election bid that the unions said, “Don’t expect the DA to do anything about victims of crime.”

Later, Gascon reflected on his department’s expungement of 9,000 marijuana cases once cannabis became legal in California. The first legal reversal of its kind in the nation, Gascon remembered, “I was criticized at first, but then people followed.”

Gascon defined the “universities of crime” approach when he spoke at the symposium, saying the public perception is that offenders “are not part of the rest of us” thus creating an “us against them” that puts them in the corner and “isolates them to the point of no return.”

Gascon concluded his speech by stating, “If crime is down, and incarceration is no longer doing it, why should we incarcerate people on the levels we do? Why?”

Miracles do happen: The power of truth and honesty

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Tom Morgan, Jason Samuels and Christy Morgan in the SQ visiting room after the last VOD
Tom Morgan, Jason Samuel and Christy Morgan in the SQ visiting room after the last VOD

After seeing and hearing his victim at trial, Jason Samuel knew in his heart that he needed to come clean and be honest—both with himself and everyone else.

“My crime was so senseless,” Samuels recently told SQ News. “I felt so sorry for what I did.”

What he did was shoot peace officer Tom Morgan in the neck in 1997.

“Once I was convicted, it didn’t matter anymore. I mean, why lie about it?” Samuels said. “What good would all those lies do me now?

“I realized I needed to be real, be honest. It’s the only way to become a productive member of society.”

As a misguided 15-year- old running in the streets of Bakersfield,Ca, Samuel had made himself a tragic promise: if the police ever tried to arrest him, he vowed to never go down without a fight. He’d shoot to kill, if necessary.

“My mindset back then, I was suicidal and homicidal— I didn’t care,” Samuel said. “I felt like I had no purpose in life.

“If I died a legend, a hero from the hood—I was cool with that.”

Two years later, he fulfilled his personal oath. Chased and cornered by Morgan after running into a backyard, Samuels attacked the officer. Morgan went to draw his gun, and Samuels shot him with the derringer he always carried.

Samuel argued throughout his trial that the gun had discharged accidentally as a result of the physical struggle with Morgan. He testified that he never intended to shoot Morgan.

“I was trying to lie my way out of trouble,” Samuel said. Morgan, severely injured and barely able to speak, took the witness stand to confront Samuels and tell the jury his version of events. Samuel was found guilty for the at- tempted murder of a police officer.

Christy Morgan, Tom’s wife, spoke at Samuel’s sentencing. She wanted to express her pain and outrage at the devastating effects Tom’s injuries had on their lives.

“That’s when I started praying for the man—for both of them,” Samuel said. “I knew what I did was wrong.”

Jason Samuels
Jason Samuels

As the years behind bars went by, Samuel said his thoughts never strayed too far from the impact of his crime and the harm he brought to the Morgans and his community. He educated himself, earned a GED, renewed his faith in God and eventually came to San Quentin to take part in all its positive rehabilitative programs.

Samuel credits SQ’s Restorative Justice program with helping him see the big picture. He became involved in SQUIRES (San Quentin Utilization of Inmate Resources and Experiences), completed KidCAT’s First Step curriculum and became a KidCAT member.

He went to his first parole board hearing in January 2016, almost 20 years after committing his crime.

“I knew if I went in there (the parole board) with a bullsh– story, I’m never going to get out of prison,” Samuel said. “The right thing to do—the only thing to do—was just come from my heart.”

Morgan was there at that first board hearing, too. He wanted to tell them that Samuel should never be granted parole.

“That’s when the real miracle happened,” Samuels recalled.

Samuel explained to the parole board the true intent of his actions. He told them exactly how he’d lied at trial, hoping to get out of trouble. More importantly, he wanted to show them the quality of the man he’d now become.

The parole board decided Samuel was not suitable for parole.

Tom Morgan noticed Samuel’s change more than anyone else. Between that first hearing and Samuel’s next board hearing in 2017, Morgan gave a lot of thought about the boy who shot him—versus the honest man who now wanted the parole board to know the truth.

Morgan did not come to Samuel’s 2017 hearing in person, but instead participated via phone and told the board he no longer opposed Samuel’s release.

“Tom spoke highly of me. It meant a lot to him that I’d accepted accountability and that I understood the damage I caused his family,” Samuel said. “Tom realized I’m not the same person that shot him—he understood my story about growing up.”

The board still denied Samuel’s again.

But listening to him speak to the board, Morgan decided they might both benefit from opening a line of communication. The California Department of Corrections and Rehabilitation directed Morgan to contact Victim Offender Dialogue (VOD), the organization that helps victims and offenders reconcile together to enable healing and restorative justice.

Through VOD, Samuel and Morgan began exchanging letters, getting to know one another.

“Tom said he’d already forgiven me for what I did, and now he was willing to come up here and give me as much insight as he could,” Samuel said.

The date was set for March 11, 2018; Morgan would meet with Samuel face-to-face, in prison.

Christy Morgan didn’t want anything to do with Samuel, nor did she want to be involved with VOD.

“For the last 21 years, I have viewed Jason as a monster,” Christy Morgan said in 2018. “He had tried to kill my husband, and I was afraid of him.”

But as Tom and Jason began to build a friendship through their letters, Christy rethought her opinion of Samuel. She wrote to him herself through VOD, and he wrote back.

Christy decided to be there on March 11 to support her husband and see Samuel with her own eyes.

Van Jones of CNN also wanted to be there. Samuel and Morgan’s story would become part of a filmed series about restorative justice and the healing power behind the VOD process.

“Walking into the San Quentin visiting room to meet Tom, I was nervous and in disbelief,” Samuel said. “The man I tried to kill 21 years ago was standing there right across from me.”

The two men—victim and offender—reached out to embrace each other for the first time.

“All the guilt and shame inside me, I immediately began to sob,” Samuel said. “I couldn’t believe how blessed I was to have Tom here to comfort me.

“To feel all that love from someone you’ve done harm to—I know that’s God at work right there. It has to be.”

Morgan and Samuel sat down to speak together as friends. Samuel opened up about his life in prison and all the rehabilitative hurdles he’d overcome.

At the end of that first VOD session, Samuel was surprised to hear that Christy Morgan had something to say to him.

“I didn’t know what to expect,” he said. “Maybe she wanted to slap me—but instead she gave me a big hug.”

Christy wrote about the experience: “I was able to witness a VOD with my husband and Jason,” she said. “Jason was humble and apologetic.

He hugged Tom and cried. This was when I knew he was not a monster, but a changed man.

Samuel and the Morgans would have two more VODs together. The second VOD in July 2018 focused on the impact of the crime on Christy.

“Thank you for really listening to my story,” she wrote to Samuel afterward. “I am excited about the changes occurring in my life. I am so much happier—and for no particular reason. I am more joyful, optimistic and carefree. Tom and I have both noticed the difference in me. I have you to thank for a lot of my change.”

Having moved past dis- cussing the crime’s impact, Samuel and the Morgans sat together at their third and final VOD in February 2019. It was an opportunity to just hang out as friends.

Tom and Christy promised to be at his next parole board hearing in person—to advocate for his release, and they kept that promise.

The board granted Samuel parole suitability on March 12, 2019.

According to Christy Morgan, “The 17-year old boy who went into prison with nothing is coming out of prison ready to be a responsible and productive citizen.”

Some states seeking input on wrong parole decisions

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Some states are still seek- ing input from the wrong people on parole decisions a Prison Policy Initiative report maintains.

The report says the wrong people are prosecutors and crime victims.

In California, prosecutors and victims must be notified when a person is being considered for parole. Yet the only information they can provide to parole commissioners is about the crime itself and who that person was, not the individual’s rehabilitative efforts.

Victims and prosecutors should have a right to be heard but the information they provide is not helpful in determining if the person has been rehabilitated, writes Jorge Renaud in the Oct. 25, 2018 report.

This is important given a 2016 survey commissioned by the Alliance on Safety and Justice. The survey indicated that “60 percent of victims preferred shorter prison sentences and more spending on prevention and rehabilitation to longer prison sentences,” Renaud reported.

The report also showed that victims were “three times more likely to prefer” accountability through options other than prison, like “rehabilitation, mental health, drug treatment and community supervision.” They also believed that prison did more to create criminals than to rehabilitate them.

Renaud argues it is “counterintuitive” to seek the opinions of prosecutors and victims during parole hearings, given their goal of putting offenders behind bars. Yet some criminal justice experts still endorse this antiquated process. Many reformers believe that parole decisions should be left to professionals who know how to identify transformation, psychological growth and increased maturity.

The American Law Institute has recommended a “second-look” provision to the Penal Code to review the cases of incarcerated individuals who have spent “at least 15 years in prison,” reports Renaud. Still, the institute also recommends notifying prosecutors and victims of these proceedings, undermining the reform effort.

“Prosecutorial overreach” is partially responsible for mass incarceration, reformers believe. Restorative justice, at the other end of the spectrum, offers a progressive approach that allows survivors of violence to heal, by confronting, meeting and talking with those who have wounded them.

Restorative Justice's role in the #metoo movement

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Darnell "Moe" Washington enjoying the day with his family members

Darnell “Moe” Washington enjoying the day with his family members

Darnell “Moe” Washington has walked the path of restorative justice by confronting a fellow inmate who had assaulted his aunt, sending her to the hospital, in a drug-induced rage in 2015.

The person who attacked his aunt was transferred to San Quentin. Washington, relying on his Restorative Justice experience, approached the perpetrator and engaged him in a discussion of his crime. He was able to put the techniques into practice.

“Forgiving someone who committed an atrocious crime against your loved one is hard to do, but the offender will live in your head until you do,” Washington said in the 2016 San Quentin Restorative Justice Symposium.

Washington has worked as a Restorative Justice facilitator for more than four years at San Quentin.

Over the past few years, stories abound about powerful men ― from Harvey Weinstein, Charlie Rose to Matt Lauer ― who have abused their authority for sexual gratification. Women who reject and resist this unwanted pressure have launched the #metoo movement to provide a mechanism of protest.

Given the avalanche of accusations of sexual harassment/assault revealed by the #metoo movement, the San Quentin News decided to sit down with Washington and ask what Restorative Justice could add to the conversation.

Moe Washington: The restorative justice philosophy from THE Little BOOK of Restorative Justice, written by Barb Toews, provides a mechanism to bring the women healing and for men to take accountability for their actions.

SQN: What are the key elements of restorative justice you think apply to the problem of sexual harassment?

Key restorative justice elements focus on Harm and Accountability, Participation, and to Restore and Heal all involved. In the Little BOOK, a chapter talks about the offender, his family and community and also the victim, the victim’s family and community. So when the accusations about Charlie Rose and Matt Lauer came out, I thought this would be a perfect opportunity to practice restorative justice. 

SQN: How would you recommend a sexual harassment claim be dealt with? 

It is not about one individual. We need to consider the full range of the impact of these wrong acts. In the public eye, you have some of the most popular men in news reporting, their wives, children and community. Then you have their victims, their families and communities. Just imagine how the victim is feeling now? She is afraid to show her face because people may look at her as destroying someone’s career, or question whether she’s being truthful.

Alliance for CHANGE posing for a group photo

Then there’s the accused. How do his friends, who looked at him as a role model, and talked so highly of him, feel about him now? What about their families? How do the friends and family of the spouse consider her if she stays married? They have children who are in school, so you can only imagine the teasing and torment their children are going through from their classmates. Consider how a community looks at the accused now – would they even want him to be a part of their community anymore?

SQN: How would a Restorative Justice philosophy resolve this situation?

I believe restorative justice can play an important part in the healing process for all those impacted. Restorative justice is a “need-based” understanding of justice.

The questions are first asked of victims. But these questions are also asked of the other justice participants – the offenders, both families and the communities.

Restorative Justice asks:

Who has been hurt?

What does she or he need?

Who should be involved in meeting those needs?

What is the best way to repair the harm and meet those needs?

SQN: Will Restorative Justice work with a power imbalance between the parties?

YES. This has worked with gang members, rape victims, people with family members murdered. We have seen it work between African Americans and Klan member, Hutus and Tutsis in Rwanda even where whole families in their hundreds of thousands have been murdered, raped and mutilated.

SQN: What is unique about this process?

If offenders like Charlie Rose and Matt Lauer would be willing to have a face-to-face dialogue with their accusers, giving the victims the opportunity to have their voices heard and to express how they felt violated, and the hurt and pain they have experienced. Then the accused could take accountability for their actions and at the same time explain why they felt empowered to do the things they did. Only then can society get to the root of the problem. 

SQN: What is the biggest challenge to implementing Restorative Justice?

The challenge is creating an environment where both parties are willing to come together and meet face-to-face. Often, both the victim and the perpetrator are reluctant. 

SQN: How would you respond to those that fear a restorative justice process would only absolve those in power of their guilt so as to enhance their reputation by “manning up” and listening to their victims?

I would say that by not coming forward and publically facing their accusers, they would not feel any guilt. The only way for them to feel the guilt and shame of what they did to their victims is to sit face-to-face with them. They women have held these feelings in for so long and been quite about what happened to them out of fear. I believe that experience will empower victims of power men by requiring these men to publically answer these questions.

This is even more important with powerful men that don’t regularly have to answer to anyone.

As a Restorative Justice Facilitator, I have heard so many victims/survivors say they have some many questions they wanted answered by the offender. After getting those answers, the survivors say they feel able to start on their healing journey. If we never get the answer of why and what lead these powerful men to do these things, how will we ever be able to repair the harm and meet the needs of these victims? How else can we make sure this type of crime doesn’t happen to others?

SQN: How would this bring healing to those impacted?

I believe this process would bring these survivors more healing because the accused will directly hear their voices as well as other men who have committed sexual harassment/assault. They could be an example for other men to come forward and take accountability for their actions, so these women could start on their healing journey.

Because right now the women make an accusation, the men are fired from their jobs and shamed or make an apology over twitter and that’s it.

SQN: What are the goals of the Restorative Justice Group?

This restorative justice approach would seek to restore and heal these women. We have to try something new. So let’s all work together to make this right, America, and not let this turn into another political fight.

 
If you’d like to contact the program, join or attend a future symposium, send an email to SQRestorativeJustice@mail.com
 
http://sanquentinnews.com/domestic-violence-advocate-speaks-restorative-justice-symposium/

Prison reform could free 30,000 inmates says CSJ


http://sanquentinnews.com/redeveloping-broken-relationships-restorative-justice/
http://sanquentinnews.com/schools-using-restorative-justice-remedy-to-prison/
Boatwright

Van Jones’ Redemption Project

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Van Jones in the SQ News room

Van Jones in the SQ News room

CNN commentator Van Jones, Jones was at San Quentin on May 10 working on his latest show, The Redemption Project. It consists of eight episodes that feature restorative justice in action.

Jones, a political pundit and author of Beyond the Messy Truth: How We Came Apart — How We Come Together seeks to tackle Americans’ toughest challenge — how to get Americans working together in the age of Trumpism.

“We need a positive populism,” Jones said. “Right now, Donald Trump is using negative populism that divides people with a neo-Nazi message.”

Jones said he doesn’t want to take sides, and he wrote Beyond the Messy Truth to show Republicans and Democrats what they have in common.

Results from the study out of UC Irvine suggest the passage of Proposition 47 in 2014 “has had no effect on violent crimes, including homicide, rape, aggravated assault and robbery,” The Orange Country Register said.

“Republicans have some admirable qualities, being the party of Lincoln, but they’ve developed some blind spots in racial bigotry, misogyny, Islamophobia, and other kinds of biases,” he said.

“The Democrats have some important positions, being the party of working families, but they’ve developed some blind spots through a kind of elitism and snobbery against people who haven’t gone to the finest colleges and listened to NPR. Both parties have to do a lot of reflecting.” 

“I talk to people who’ve done regrettable things, and they want to make amends,” Jones said.

“There are over 4,800 legal restrictions facing people with convictions  after sentence completion…73% of these legal barriers are permanent.”

“SAFE AND SOUND: …” by Californians For Safety and Justice Nov. 2017 

He was interviewing an inmate at San Quentin who wanted to make amends for shooting a police officer.

Jones is a busy man. Finding solutions through his writing, airing cable shows showing how restorative justice works—all are accomplished while he also hosts The Van Jones Show.

“64% of California’s jail population is awaiting trial or sentencing as of December 2016.” Most remain in pretrial custody because they cannot afford bail.  Jail Profile Survey, http://www.bscc.ca.gov/

“It’s Sesame Street for grown folks,” Jones said. “We’re bringing celebrities and grass-roots people together to have meaningful conversations without being mean to each other. We’ve had the likes of Oprah, Al Gore, Jay-Z, and Steph Curry.

The total drug-overdose deaths was 64,070 in the 12 months through January 2017.”  The Wall Street Journal, Oct. 27, 2017 wsj.com/usnews

“Opioids, such as fentanyl, heroin, oxycodone and hydrocodone, killed more than 34,500 people in 2016.”The Wall Street Journal, Oct. 27, 2017 wsj.com/usnews

“Common ground is what we should be discussing and finding in America,” Jones said. “The opioid crisis is a concern for Democrats and Republicans, as well as mass incarceration and full employment.” He added, “If I agree with you, then a democracy allows us to work together — same as if I disagree with you, a democracy allows us to still work together.”

California’s early release programs ACP

Van Jones: A Life With Ups and Downs


http://sanquentinnews.com/optionb-org-support-group-overcoming-effects-incarceration/

A look inside the bustling San Quentin prison library

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Senior librarian Douglas Jeffrey and Gabriel Loiederman

Senior librarian Douglas Jeffrey and Gabriel Loiederman

Every day, the San Quentin State prison library is bustling with activity. Inmates might be ordering books from the clerks at the counter. Other inmates might be sitting at tables, reading books and talking among themselves.

The windows in the librarians’ offices provide a glimpse of San Francisco Bay as well as the mountains.

In the legal section, inmates pore over law books, which they can order from a slot through a window. They can also sit at a computer to research legal statutes or write briefs at one of the tables.

The library might look like many others outside of the walls, but it serves a particularly important function at San Quentin, where it is considered a space to help educate and rehabilitate prisoners.

The prison is well known for its programs such as Prison University Project (PUP) and Restorative Justice, but they are often full and have long waiting lists.

In such cases, the library allows the men to study independently. “The library begins where the classroom ends,” said Senior Librarian Douglas Jeffrey, who is a member of the prison staff.

The idea of using the library as an educational and rehabilitative tool began nearly three decades ago with San Quentin librarian, Herman Spector, who used reading and writing to reform inmates through a program called “Bibliotherapy.”

“According to a RAND analysis, every $1 invested in such [inmate] education generates at least $4 in economic return,” reports Fast Company.

“The state typically spends $71,000 a year to house an inmate. It costs about $5,000 total to help put one [incarcerated] student through community college”, reports Fast Company.

“Books for Spector were the deathless weapons of progress by which prisoners could be paroled into the custody of their better selves,” wrote Eric Cummings, author of The Rise and Fall of California’s Radical Prison Movement.

One of the most popular sections has always been the law library. Glen Mason, the lead law clerk, said patrons become so knowledgeable that some are able to get their cases overturned through their research findings.

“There have been many inmates that have used the law library to research issues regarding their cases,” said George “Mesro” Coles-El, a recreational clerk, who has worked at the library for five years. 

One of those users is Ronald Chatters, who frequented the law library for two and a half years and is working on a brief to argue for a parole hearing under Proposition 57, which can give him an early parole consideration.

“The two years that I have been researching law has made me literate enough to help others with their cases,” Chatters said.

Coles-El, who works as the lead circulation clerk, said even recreational books can be a valuable educational tool.

“Reading affects your thinking,” he said. “When you read, your thinking changes, which affects your behavior.”

Coles-El himself has been changed by reading. “Before I spent time in the library, all I did was walk around and think negative thoughts, thinking about how I could get over on people,” he said. “But then I read a book entitled ‘Loving What Is’ by Byron Katie. Reading her book helped me to discover that most of the stress in our lives comes from being jealous of what others have.

Patrons working and looking up legal cases on the computer

Patrons working and looking up legal cases on the computer

“Her book influenced me to better thinking, which changed my behavior,” Coles-El added.

Joseph Krauter, lead administrative library clerk, was also changed by a book. “Four years ago, I was an emotional wreck and going down in flames,” he said, adding that he was on the verge of giving up on himself, his program and getting out of prison.

That’s when his grandmother sent him a book called “Neuro-Tribe,” by Steve Silverman, about the history of autism.

“The book showed me through pain and suffering that I can succeed and make something good of my life,” Krauter said. “It helped me to focus and to immerse myself in programs that helped me better myself. Because of this book, I found hope.”

Krauter described the library as a place where inmates can change their perspectives and thinking, and find books full of wisdom to help them do so.

Another librarian and prison staff, Gabriel Loiederman, said the library provides a space for forming positive relationships, which is an important component of rehabilitation

“Whether it’s two legal researchers discussing the merits of a case, or two students helping each other with algebra, the library is there to provide a free environment that can foster these kinds of constructive interactions that contribute to rehabilitation,” he said.

SQ’s Law Libraries Serve All

Domestic violence advocate speaks at Restorative Justice symposium

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Forgiveness is a key component of healing from abuse and achieving a successful life. And lawsuits can be an alternative to prison sentences, speakers told a Restorative Justice (RJ) Symposium at San Quentin State Prison.

Guest speaker Tracy Sovereign spoke of forgiving an abusive father, who never apologized. She was followed by Esquire Tia Katrina Taruc Canlas, who advocates suing men who commit acts of domestic violence as an alternative to incarceration.

“I feel … there’s a way that men can be healed in so many directions,” Sovereign said in the prison’s Catholic Chapel before an audience of almost 35 community members and more than 150 incarcerated men. “I just found out my dad was abused. So if we can break that … cycle, we can all heal.”

Sovereign opened with a gospel song.

Then she described a father who took corporal punishment way too far. The beatings started when she was five She said he beat her without mercy, leaving welts, bruises and a busted lip. They escalated to pulling a gun on her over bringing home bad grades, shooting it into a mattress to let her know he was serious and then hitting her over the head with a 2×4.

When her brother, 10 years younger, turned seven, the beatings started on him too. While getting beaten together, the two would cry in the corner.

“They say hate begets hate, hurt begets hurt,” Sovereign said. “I remember screaming we weren’t going to do this to our kids. I know in my heart that love is abound.”

At 16 years old, Sovereign moved out. By 17 she was pregnant and had a baby at 18.

On her 25th birthday, her dad knocked on the door. When her mother answered, he beat her in front of Sovereign’s two sons. Then he called Sovereign over and hit her over the eye with a gun, and said, “I should shoot you in front of your kids. You betrayed me,” according to Sovereign.

With the gun pressed against her forehead, Sovereign prayed out loud. She noticed her father’s face change.

“That wasn’t the man who was supposed to love me,” Sovereign said. She never stopped loving her father. Deep down she knew there was a reason for the way he acted although she didn’t know what it was.

“If we can break that…cycle, we can all heal”

“He never apologized,” Sovereign said. “I didn’t need the apology. Something in me could not hate him. I had already accepted that everything was OK. My healing came from God.”

After healing, she moved on with her life. She has taught dance and sings and she has a bakery business. Her husband is a worship pastor, and they have three kids who are all successful. Her brother’s kids are also successful.

Two years ago, the 51-year old learned from her grandmother that her father also was abused as a child.

“To know his story will help you know your story,” Sovereign said. “With my dad I found out he’s from a generation of abusers … so it was a cycle. We broke that cycle. Now I’m working with my dad to help him release it.”

Sovereign now has an excellent relationship with her dad, who is a church bishop and helps kids get scholarships.

Taruc Canlas began her story with an explanation of why an attorney who sues people stood before the podium at the restorative justice symposium.

“I am a supporter of criminal justice reform,” said Taruc Canlas, executive director and co-founder of the Alipato Project, an organization dedicated to suing domestic violence perpetrators.

“The reason why I do this is because there are better ways to address harm than prison,” Taruc Canlas said. “It doesn’t actually help the victim when somebody they love goes to prison. As an alternative to prison, we sue them.”

She said at the Oct. 14 event that domestic violence is about control. Men use “gaslighting” (convincing the victim that she is crazy and nothing happened) and financial control as power dynamics. Control dynamics keep women in bad relationships far too long.

Taruc Canlas saw firsthand that financial power dynamics kept her mother in an abusive relationship. Her mother, who barely spoke English, moved from the Philippines to marry someone in the states. Her livelihood and visa required staying married. Grandfather Alipato provided Taruc Canlas’ mother a way out of the abusive relationship. He moved her to another state.

Taruc Canlas believes that while a controlling power dynamic exists, RJ mediation doesn’t work. Getting abused partners to a space where they’re safe and everything is funded sets the stage for restorative justice. So she sues for medical expenses, moving bills, lost wages and moving-on money.

Her pilot program achieved success in four out of five cases. Two settled, two won default judgments (where the defendant doesn’t contest the lawsuit) and one lost a jury trial.

Rose Elizondo, co-founder of the North Oakland Restorative Justice Council, took a few minutes to honor one of the first members of the Restorative Justice Group at San Quentin – Robin Guillen. After serving about 40 years, a parole board found him suitable for release.

“My name is Robin, and I’m a peacemaker,” Guillen said. “It’s a hard, tiring walk, especially in these iron houses. You don’t give up. One thing they can’t take away from you: your attitude, how you think about things, your mind. All my relations thank you.”

“When Tracy tells her walk … it’s inspiring,” Guillen said. “Tia … It’s women who come in here and share that assists us in making the changes.”

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