To Prisoner Class Supporters from Todd Ashker (w/proposed Open Letter to Gov. Brown)

To Whom It May Concern,
To Prisoner Class Supporters
Prisoner Hunger Strike Solidarity Coalition
California Families Against Solitary Confinement
and Public, etc.

From Todd Ashker
C58191 KVSP – ASU- 2/194
Box 5106
Delano, CA 93216

December 5, 2017

This is a follow-up to our October 2017, Prisoner Class Human Rights Movement, “Statement of Prisoner Representatives on Second Anniversary of Ashker v. Brown Settlement.”

In our collective October 2017 “Statement,” we stressed the importance that “…prisoners and our families will have to re-energize the human rights movement, to fight against the continuing violations of our rights.” … reminding all involved, “We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to.”

With this in mind, I am sharing a copy of my proposed “Open Letter to Governor Brown, Legislators, and CDCR Secretary Kernan, RE: Attention to Ongoing Human Rights Violations and Related Lack of Reparative Action Necessary To Begin Making Amends for 3+ Decades of Systematically Intentional, State-Sanctioned Torture” …with the hope of helping to re-energize our movement, by gaining wide-spread support for the position/s presented in the “Open Letter.”

As many are aware, our current collective movement began in the bowels of Pelican Bay State Prison – SHU – Short Corridor, wherein prisoners of all races and various geographical areas, became openly conscious of what we had in common- rather than what was different (divisive); we recognized we’d all been subjected to the same adversary’s boots on our necks, all members of a prisoner class subjected to decades of solitary confinement torture.

We became aware of the fact that those of us serving “term-to-life” sentences, were all akin to the living dead, our existence being that of a mind numbing, spirit destroying, endless nightmare. I believe coming together in the “short corridor” wherein we witnessed the toll of our slow decay- together with the prisoncrats progressively punitive, oppressive provocations- was one cause of our awakening, leading to us coming together as the “PBSP – SHU, Short Corridor Collective.”

Our struggle was focused on ending long-term solitary confinement [and improvements to conditions therein]. We stood up together and collectively.  We educated our loved ones and general public about what had been in society’s shadow for far too long. We publicly “drew the line” and said, “No More!”

As a committed collective of fellow human beings (a large majority hailing from working class, poor communities) we lead our struggle — from behind the walls – putting our lives in the balance… at that point, our lives being all we had… We demanded an end to our torture, based on our inherent right – as human beings – to humane treatment, inclusive of dignity and respect for ourselves, our loved ones, and the unfortunate generations to follow.

Notably, our collective membership had been the subject of the states’ decades-long ‘war against the working-class poor, tough-on-crime’ (focused and applied mainly upon the poor), politicized, vilified, and branded as “The Worst of The Worst” in order to justify our subjection to endless torture (lasting more than 30 years)!

In this climate, we came together and utilized non-violent, peaceful protest action, mass hunger strikes and work stoppages, which, together with the support of our awakened loved ones, and countless other people of conscience outside the walls (while all along, suffering with us), exposed our plight to the world community.

In 2012, we introduced our collective “Agreement to End Race-Based Hostilities,” making clear our united intent to no longer be the source of our mutual adversary’s manipulation tactics – centered on keeping us divided and violent towards one another, (thereby used to justify our adversaries agenda – supermax, indefinite warehousing); and thereby demonstrating our humanity in the face of the provocations of our oppressive torturers. We pointed out the fact that, in the absence of race-based violence, our mutual adversary/s would be forced to end their policy of warehousing us in the small cells indefinitely, and open the prisons up for meaningful programming and privileges- beneficial to the prisoner class.

I mention the above points as important reminders of the fact that the main basis for the success we’ve achieved to date has been Our Collective Unity Inside and Outside the prison walls, making strategic use of combined litigation, and peaceful activism- action tools, which, together with our related collective belief in and commitment to Our Cause, is a great example of “The Power Of The People.”

It’s also true that with the progress comes responsibility; we must be vigilant with respect to maintaining, and crucially building on our achievements. The responsibility is ours for doing so. “The novelist Aldous Huxley once said: ‘Liberties are not given; they are taken.’ We are not given our liberties by the Bill of Rights, certainly not by the government which either violates or ignores those rights.  We take our rights, as thinking, acting citizens.” [quoting from Howard Zinn’s The Zinn Reader – Writings On Disobedience & Democracy (1997) at p. 418]

Our adversaries are constantly resisting any change beneficial to the prisoner class! History demonstrates the importance of our need to stand together collectively, and refuse to allow those in power (at the will of the People) to halt our progressive movements’ demands for human rights and real justice, because, historically, every class action, civil-suit ‘victory’ for the prisoner class in California has been manipulated by prisoncrats to the ultimate detriment of those that such ‘victory’ was intended to benefit. It’s a non-stop battle!

What I greatly appreciate, and respect, about our Prisoner Class Human Rights Movement, is what I hope is our part in society’s evolutionary leap in collective human consciousness. Standout examples of this for me, go back to the Arab Spring (2010, I believe), followed by the August 2010 massive Georgia Prison, system-wide work strike, and the January 2011 Hunger Strike at Ohio State Prison.

Reflecting on the above, as well as our historic, collective group mass hunger strike protests across the California system, of 2011-2013, brings to mind an often quoted phrase (as a sort of benchmark of what’s wrong with society) that of Fyodor Dostoyevsky, reflecting on his own incarceration, famously said, “The degree of civilization in a society can be judged by entering its prisons.” Our collective coming together in the context of having been demonized – tortured over 3 decades – composed of working class poor, facing extreme adversity for a powerful, well-funded adversary… toppled (to an extent- losing their supermax jewel, PBSP SHU) by our peaceful protests, and related Global Condemnation (and litigation), epitomizes a great side of our society! I hope it’s an example of a growing social revolutionary process.

Related to the above, and to our common struggle in general, I want to share a few excerpts from The Zinn Reader, a bit of food-for-thought.

Continue reading

Sunday, June 4, 2017 RALLY & PRESS CONFERENCE at Folsom To Support Hunger Strikers

FSP-Rally-Fullpage

SUNDAY, JUNE 4, 2017  —  12PM – 2PM
SHOW UP FOR FOLSOM PRISONERS ON HUNGER STRIKE

RALLY & PRESS CONFERENCE
Please join us this Sunday from 12p.m. to 2p.m. to rally outside Folsom Priosn and show that we support prisoners’ efforts to strike for humane treatment.

Join us at: FOLSOM STATE PRISON, Folsom Prison Rd, Folsom CA 95630

Facebook Event: Rally & Press Conference To Support Folsom Prison Hunger Strike

Please share the Facebook event, continue to contact prison officials, and look out for details like carpools, rally schedule, etc.


On May 25th, prisoners in Folsom State Prison B4 ASU (Administrative Segregation Unit) began a hunger strike to peacefully protest the inhumane conditions of their confinement in the administrative segregation unit. Prisoners have exhausted all reasonable remedies and have attempted to open lines of communication with administrative officials, and have been met with only resistance, silence, and now retaliation.

We cannot say exactly how many people are refusing meals, but we know that there are roughly 30 people in the unit that announced the strike.

Hunger Strike Rep. Todd Ashker to CDCr Administration, 9/1/14

Todd Ashker writes from Pelican Bay SHU Short Corridor:

“….I am requesting your attention and responsive dialogue-addressing these issues during the meeting with our outside mediation team- and with Arturo Castellanos, George Franco, James Williamson, and myself in the near future…
The following is from me.

We are presently at the one year point- post “suspension,” of our third peaceful protest hunger strike action against longterm-indefinite-solitary confinement [i.e. SHU/Ad-Seg confinement]… and related conditions therein and damage therefrom- to prisoners, our outside loved ones, and society in general….

.The bottom line is, longterm-indefinite-SHU is not effective and harms all concerned. It’s ending nationwide and this will be the case in Calif. too- better to be sooner than later….”

PDF of transcribed Memo HERE.  Handwritten letter HERE

***

Memorandum

Sept. 1, 2014

To: CDCR-Administration
Secretary Beard, UnderSec. Hoshino
Director Stainer, Assoc. Dir. Diaz,
PBSP Warden Ducart

From: Todd Ashker, C58191-
One of four PBSP-SHU Prisoner Reps
(via outside mediation team)

Subject: Five Core Demands, 40 Supplemental Demands,
and CDCR’s STG-SDP

This memorandum is directed to the above CDCR Administrators for the express purpose of respectfully reminding you about unresolved, and/or continued problematic, issues relevant to our 2011-2014 Five Core and 40 Supplemental demands… and CDCR’s Security Threat Group-Step Down Program [STG-SDP]… Continue reading

May 1, 2014 Letter from Pelican Bay Prisoner Reps To Legislators

LETTER FROM PELICAN BAY PRISONER REPRESENTATIVES TO MEMBERS OF THE CALIFORNIA STATE ASSEMBLY & SENATE

 

Todd Ashker – CDCR # C58191

Arturo Castellano – CDCR # C17275

Sitawa Nantambu Jamaa R.N. Dewberry – CDCR # C35671

Antonio Guillen – CDCR # P81948

 

May 1, 2014

 

Dear Members of the California State Assembly and Senate:

 

              We are writing to offer our position on the two bills pending before the Assembly and the Senate (SB 892 and AB 1652) dealing with the solitary confinement and gang validation policies of the California Department of Corrections and Rehabilitation (CDCR).

 

              We are California inmates who have been in solitary confinement for long periods of time, based on validation as alleged associates and members of prison gangs, rather than based on violent behavior. We undertook hunger strikes in 2011 and in 2013 in opposition of the CDCR’s solitary confinement and gang validation practices as well as the inhumane conditions of CDCR’s Security Housing Units (SHUs). Together with thousands of inmates, we expressed the following five core demands:

 

1) Individual accountability, rather than group punishment, indefinite SHU status, and restricted privileges;

2) Abolish debriefing policy and modify active/inactive gang status criteria;

3) Comply with U.S. Commission 2006 Recommendations regarding an end to long-term solitary confinement;

4) Provide adequate food; and,

5) Expand and provide constructive programming and privileges for indefinite SHU status inmates.

 

             Having carefully reviewed and considered Assembly Bill 1652, introduced by Assembly member Tom Ammiano on February 11, 2014 as amended on April 3, 2014, and Senate Bill 892, introduced by Senate member Loni Hancock on January 13, 2014, as amended on March 18 and April 2, we wish to offer the following comments:

 

I. Discussion of Ammiano AB 1652:

 

          AB 1652 addresses the very narrow but critical issue of eliminating CDCR’s policy of placing prisoners in solitary confinement for gang validation, rather than for commission of a serious offense. We support AB 1652. At the same time, we recommend that the bill be amended to include the following three additional provisions:

 

a. During assessment for SHU placement, the use of testimony (whether or not confidential) of an in-custody informant should be corroborated by an independent source before being relied upon to place someone in a SHU. Corroboration cannot be based upon the testimony of another in-custody informant unless such in-custody informant obtained the information independently from the first in-custody informant and the information is not based on hearsay. This is essentially the same principle now applied in criminal court cases since 2011 (see Cal. Penal Code §1111.5).

 

b. An attorney-advocate should be made available (at no cost to the State) to inmates facing a sentence of more than 30 days in a SHU.

 

c. AB 1652 should implement provisions for increased oversight, studies, data collection, and reporting back to the Legislature on the SHU classification process, the mental and physical wellbeing of inmates in SHUs, and the reasons why SHU inmates are denied reentry into the general population. Senate member Hancock’s SB 892 contains these provisions, which we recommend be included in AB 1652. Collecting and considering this data can lay the foundation for a future more comprehensive legislative evaluation of solitary confinement practices in California.

 

II. Discussion of Hancock SB 892:

 

             Although SB 892 appears to seek to achieve comprehensive CDCR reform on the issue of solitary confinement, there are several provisions of the bill that will adopt inhumane and widely condemned practices into state law. We will only support SB 892 if it is amended to include three critically important items:

 

a. The bill should incorporate the language of AB 1652 (or similar language) which eliminates the use of gang validation and minor rule violations as a justification for placing inmates in SHUs. As it stands currently, SB 892 does not eliminate SHU assignment for mere gang association and it does not eliminate indeterminate SHU terms. This is a critical issue and one of our core demands. The nationwide trend is clearly not to place prisoners in segregated housing units for alleged gang association without accompanying serious rule violations. Numerous states have moved in this direction for public safety reasons, for humane reasons, and to cut costs. California should not move in the opposite direction.

 

b. As mentioned above, we recommend that language be added so that during assessment for SHU placement, the use of testimony (whether or not confidential) of an in-custody informant should be corroborated by an independent source before being relied upon to place someone in a SHU. Corroboration cannot be based upon the testimony of another in-custody informant unless such in-custody informant obtained the information independently from the first in-custody informant and the information is not based on hearsay. This is essentially the same principle now applied in criminal court cases since 2011 (see Cal. Penal Code §1111.5).

 

c. As mentioned above, we recommend that language be added so that an attorney-advocate should be made available (at no cost too the State) to inmates facing a sentence of more than 30 days in a SHU.

 

               We do not believe that the range of provisions in SB 892 related to review by the Office of the Inspector General of cases in which SHU placement is based on the testimony of a confidential informant, the appointment of ombudsmen, the requirement for a daily face-to-face encounter with CDCR employees, the appointment of an “advocate” for an inmate being processed for SHU placement, or the Step Down Program in the bill will make any measurable difference in CDCR solitary confinement practices. The Inspector General is unlikely based upon review of a file to reverse decisions based on confidential informants. Ombudsmen will be of little value as long as inmates can be placed in SHUs for alleged gang association when they have engaged in no wrong-doing. “Face-to-face” encounters already happen almost every day when our food is served or a psych tech walks past our cells. Allowing an “advocate” to assist in the SHU assignment process will mean assignment of a guard who could care less about the result. And the proposed step-down program focuses on forcing prisoners to disavow alleged gang association or activities rather than on a behavior-based model considering whether the prisoner has violated rules while in the SHU. Despite these misguided and costly provisions in SB 892, we would support the bill if it is amended to include the provisions identified above.

 

               However, the narrower and more focused (and less costly) AB 1652, particularly if amended as suggested above, would far better serve the public safety, prison security, and the humane treatment of prisoners. It’s a first but critically important step in the direction of a rational and humane policy. Further legislation could be considered in the next legislative session after CDCR data is collected by the legislature. Thank you for considering our comments and suggestions.

 

Sincerely,

Todd Ashker

Arturo Castellano

Sitawa Nantambu Jamaa R.N. Dewberry

Antonio Guillen