It is not every day that a federal district court judge visits a prison to talk to inmates. That is exactly what happened in September at San Quentin.
A crowd of about 150 inmates and guests greeted Judge Thelton Henderson with cheers and a standing ovation as he entered the Protestant Chapel in a wheelchair (he has a progressive muscle disease.) Henderson shook hands with inmates as he made his way down the aisle to the stage area.
“I appreciate that he is a judge that will take the time to come to a prison to see for himself both sides to make an informed decision on what he should do, whether it’s conditions of confinement or excessive force,” said inmate Tim Young.
No corrections officers escorted the judge. One captain stood in the back of the chapel watching, seemingly more out of curiosity than anything else.
As one of the three judges that preside over California prison health care, Henderson is known for his rulings which resulted in an order for California Department of Corrections and Rehabilitation (CDCR) to reduce its prison population.
“I’m not going to be on the bench forever,” Henderson told the audience.
Initially, inmates and guests assembled in the Protestant Chapel to watch The Thelton Henderson Story, a film documentary that chronicles the judge’s life, produced by Abby Ginzberg in 2005.
“Thank you for your support of Judge Henderson,” said Ginzberg as her film crew recorded the event. She plans to change the ending of the film to reflect work that Henderson has done since its completion 10 years ago.
Henderson was forthright with inmates as he spoke about tackling prison issues during his tenure on the bench.
In 1993, Henderson presided over a trial in which inmates identified as gang members at Pelican Bay State Prison were housed in the security housing unit (SHU) for indeterminate periods of time.
“When I got the Pelican Bay case I had five issues; one was solitary confinement,” said Henderson. “I think the policy will change.”
“Henderson’s decision (on solitary confinement) outlined a blueprint for reform,” the film narration said.
According to the Associated Press, the CDCR settled the Ashker v. Brown lawsuit in September, agreeing to stop housing validated gang members in SHUs for indeterminate lengths of time.
Henderson said the gang validation policy is coming under “strict scrutiny” as prisons consider it.
“Solitary was a tough case,” said Ginzberg. “We’re moving as a society and keeping pressure on the decision makers; shout out to Michelle Alexander for her work” writing The New Jim Crow.
Henderson said when he attended law school in 1962 students were taught three purposes of prison; they were punishment, deterrence and rehabilitation. He said rehabilitation has gone away.
In the film Henderson said, “Those who have transgressed the law are still human beings.”
Henderson said there were 30,000 inmates in California prisons when he became a judge, reaching a peak of 180,000 decades later due to the tough-on-crime movement that got out of hand.
“I’m determined to see an improvement in the prison system,” Henderson said in the film.
Referring to Realignment (AB 109), Henderson said the result is a decline in the state prison population. “The offshoot of that is the counties are overcrowding,” he said.
According to Henderson, Republicans and Democrats have agreed that long prison terms do not help. He said they realize it costs too much to house inmates.
“I’ve been pushing Governor Brown to push new legislation to help reduce the population,” said Henderson. “It serves no one to send people to prison for long periods of time.”
The inmate turnout did not reflect the number of those who signed up to attend the event. More than 250 inmates were approved to attend Henderson’s visit and the film screening.
“People sign up, but people don’t come,” said Lt. Samuel Robinson, SQ Public Information Officer. “For those who didn’t, I’m sure it’s their loss. “I think it (attendance) was still paltry.”
“I’m very glad to have seen your path of life,” said inmate James Metters. “Your walk has inspired me as it has all of us. You’re an example to follow.”
Inmates serving lifer terms beyond the schedule in their sentencing matrix raised their concerns about the legality of the matter.
“There’s nothing the legal system can do about it,” said Henderson. “It’s a political matter.”
Henderson referred to the late-1980s case of Willie Horton. He said no politician wants to shoulder the responsibility of releasing a lifer on parole, who commits a heinous crime.
Inmate Forrest Jones asked Henderson about his opinion on California’s Three-Strikes law.
Henderson said to warehouse someone for the period of time under three-strikes does no good for the prisoner or for society.
“It’s not rational. It’s too punitive,” said Henderson. “We are one of the few countries that doesn’t treat its prisoners as if they are citizens. I believe further changes need to be made.”
The film chronicled Henderson’s life from his childhood days living in the Los Angeles area of Watts to his days at the University of California, Berkeley, and on to its School of Law at Boalt Hall.
In 1962, the U.S. Department of Justice (DOJ) recruited Henderson to work as a civil rights attorney. He worked in the deep South documenting violations of civil rights laws.
Older Black inmates viewed the film in silence as they watched footage of police dogs attacking Blacks protesting for their civil rights in the South.
“In the face of brutality Thelton Henderson still believes very much in the law,” the film’s narration says. “He was a little bit of all worlds that were colliding.”
In 1968, Henderson questioned Stanford University’s administration as to why in its history it had not graduated any Blacks from its law school. The university responded by hiring Henderson to recruit Blacks to attend Stanford Law School. Within six years 20 percent of Stanford’s students were minorities.
“Thelton still has the problem of being a Black man in power in America,” the film narration says.
In the 1990s Californians voted on Proposition 209 which banned affirmative action in California. Henderson blocked the proposition which led to accusations that he silenced voters. A three-judge panel of the Court of Appeals, Ninth Circuit reversed Henderson’s decision, and the U.S. Supreme Court later refused to hear the case, leaving the proposition intact.
According to the film, Henderson became a target of impeachment from the bench because of his rulings.
Henderson said he is going to retire and has already hired his last clerks. He said a replacement judge will get randomly assigned by a computer, and 14 of the 20 active district court judges in his court are bright judges appointed by President Barack Obama.
“I didn’t know what to expect,” said attendee Kyla Rowe, a law clerk for Henderson who graduated from Hastings College of the Law in May. “It was eye-opening.”
“One of the most touching moments was when you all applauded the judge,” said Michelle Lamy, another one of Henderson’s law clerks and a June graduate of Stanford Law School. “It was overwhelming.”
–James R. Abernathy Jr. and Nyerere Jase contributed to this story