MAY DAY MAY DAY. ..

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WE, the Prisoners of Alabama Department of Corrections, as a collective reach out to Rev. Kenneth Glasgow, Founder of The Ordinary People Society, Prodigal Child Project and Formerly Incarcerated Convicted People Families Movement asking that Rev. Glasgow mediate and speak on our behalf, in making the following statement to the Legislators of the state of Alabama.

At 12:01 May 1, 2016 We, Alabama Prisoners will begin a Peaceful and Nonviolent Protest for Our Human Rights in the form of a Work Stoppage. This is in fact a means to Peacefully Petition the Alabama Government for Redress of Grievances as We have suffered under Cruel and Inhumane Conditions over the past two decades.

Let us be clear,  this is not just about the Deplorable Conditions of Confinement,  but more so about the 13th Amendment,  the Alabama Constitution of 1901 and the Statutory Laws discriminatoryly enacted from both. The laws that created and maintains the denial of our Human Rights and perpetuation of our Economical Exploitation.

From Wrongful Convictions,  Exceedingly Excessive and Mandatory LWOP sentences, Alabama’s prisons are literally Warehouses of Men stacked on top of one another, and due to an Arbitrary and Biased Parole Board System, thousands of Men eligible to be released are stopped up in a broken and dangerous system.

*It has been stated and acknowledged that there are over 3, 000 people that are eligible to be released.  However,  due to budgetary concerns (parole and probation officers, supervision,  etc) they remain trapped in an excessively overcrowded system;  exposed to unnecessary threat to their  safety and well being. To address this issue would contribute greatly to relieving the pressure of prison overcrowding.

A lot of the pressure could be released by  Revising and Modifying the Laws and Policies that Created and Perpetuates these Cruel and Inhumane Conditions; not by building bigger more expensive prisons.

*Over 8000 people are serving enhanced mandatory sentences under Alabama’s Habitual Offenders Statute. More than 2000 are serving Mandatory LWOP sentence, some for petty theft cases.
To Repeal the Habitual Offenders Statute would create the opportunity for over 8000 people to be eligible to return to their families and communities after decades due to the application of the Habitual Offenders Statute while reducing the inhumane and dangerous overcrowding which contributes to the spread of diseases and increases the level of violence.  Overall it would contribute to a more sanitary and humane living environment.

*From exposure through exonerations it is clear that the Prosecutors of the State of Alabama are more concerned with convictions than truth and innocence.  Most of the attention has been focused on the Wrongful Convictions of those sentenced to Death. As a result a demand for oversight was  expressed in Senate Bill 237. However, through political maneuvering this Bill was tailored to only apply to those sentenced to death.

We assert that The Alabama Innocence Inquiry Commission created by Senate Bill 237 shall apply to all Wrongfully Convicted prisoners not just Death Penalty cases. To be Wrongfully Convicted is to be Wrongfully Convicted no matter the sentence. No innocent person should suffer the loss of his freedom unjustly and remain confined due to procedural limitations or judicial misconduct. Therefore, this Bill shall apply to all prisoners with credible claims of innocence, as this is what justice requires.

*Earlier this year,  the U.S. Supreme rightly declared that mandatory Life without Parole sentences for juveniles was unconstitutional.  It is time that Alabama go a step further and abolish mandatory Life without Parole sentences for First Time Offenders,  many who were barely beyond the juvenile age limit.
This would make hundreds of prisoners eligible to earn their freedom after being provided Education,  Rehabilitation and ReEntry Preparedness.  Thus also relieving some of the pressure and strain created by the excessive overcrowding.

*We further state that the A.D.O.C’s Economical policies and practices of compelling Incarcerated Citizens to provide labor with no compensation, while imposing various fines and fees upon them, is hyper-exploitative, unjust and amounts to PRISON SLAVERY.—–It is discriminatory and exploitative to force Incarcerated people to work while prohibiting them from being compensated; yet imposing arbitrary fines and fees upon them. To work is an essential part of rehabilitation and learning to be responsible for self, as from the compensation one is able to provide for their needs and ease the financial burden on their  families. Therefore, A.D.O.C’s Economical policy of Free Labor is counterproductive to rehabilitation and is exploitative and demeaning. Therefore, a more equitable Economic Policy shall be established between Alabama Prisoners and the ADOC.

*The Alabama Parole Board is arbitrary and biased therefore it must be overhauled to establish a criteria for those eligible for Parole.
The members of the Alabama parole board are receiving these appointments with an agenda that says that rewards them with long-term employment and other incentives to deny parole. These members refuse to set criteria for parole eligibility because this would make parole mandatory, instead of discretionary, for those who qualify.

In theory, the 13th Amendment put an end to and forever abolished slavery, at least that is what we’ve been taught in schools. However, in actual practice, the 13th Amendment merely changed the name, method and rationale for keeping African Americans in a state of perpetual servitude. As the 13th Amendment explicitly permits ” Involuntary Servitude”– an euphemism for Slavery– as punishment for “duly convicted criminals.”

In direct response to this Constitutional mandate, the Alabama Judicial System was structured to keep white land owners in a position of power and Africans in their place– Servitude. In fact, the State of Alabama used the 13th Amendment as their foundation in drafting the *ALABAMA CONSTITUTION OF 1901. As the Alabama Legislature used their authority to set up court systems, appointed only white people as Judges and District Attorneys, pre arranged elections for those positions that had to be voted on, then expanded the criminal code as its effective means of carrying out their objective. By their own admission, the State of Alabama’s sole purpose in drafting the Constitution of 1901 was to establish “White Supremacy”- by law. As the delegates to the all-white Constitutional Convention, were not secretive about their purpose and aims. In the opening address, President of the Convention, John B. Knox stated:
“And what is it that we want to do? Why is it within the limits imposed by the federal constitution to establish white supremacy in this state.” … “but if we would have white supremacy, we must establish it by law…”

In keeping with the sentiments of John B. Knox, the State of Alabama has used the Constitution of 1901 to construct a solid foundation, in which to discriminate from.
Even to this day, Alabama openly applies its laws discriminately, first –based upon race, then upon financial status.

Alabama’s “good old boy”-style of justice is maintained and perpetuated by police officers “overreaching”, district attorney’s ” overcharging” and judges “over sentencing.” All of this is made possible by the Alabama Constitution of 1901 and the Alabama Legislature, as it is the Alabama Legislature that enact these laws that specifically target young African-American males, particularly and African-Americans in general.

*One glaring example, is the racially motivated amending of the Capital Murder statute to include Section 16, 17 and 18- or commonly called the “drive-by shooting laws”. According to the Alabama Legislature, in the early 1990’s there was a massive public outcry against”gangs”, so in 1992 the Legislature passed Act 92-601; which made a murder committed by the use of a deadly weapon fired from or into a vehicle, a Capital Offense–punishable by death or life without parole. Act 92-601 became codified in Title 13A-5-40(a)(16),(17) and (18). From a plain reading of the statute, in order to be charged and found guilty of the Capital Offense, all that’s required is that the shooter or victim be in a vehicle or house at the time of the murder. Prior to this amendment, all Capital Offenses required an aggravating circumstance in order to elevate the murder to a death penalty offense. However, the “drive-by shooting laws” are simply based upon location of the shooter or victim.

In March of 2006, Representatives Marcel Black and John Robinson authored a Bill and presented it to the House of Representatives, which addressed the application of subdivisions 16, 17 and 18 of Title 13A-5-40, I.e., the Capital Murder statute. In session it was stated:
“Whereas, the legislature is aware of the case of State of Alabama v. Fondren (Calhoun County CC 02-600) in which Fondren was convicted of Capital Murder for violating Section 14A-5-40(a)(18)…”

HJR 575
On March 28, 2006, this Bill was adopted by the House of Representatives. On April 17, 2006, this Bill Was adopted and signed by the Senate. Upon both Houses adopting this Bill, it became House Joint Resolution 575. In accordance with the procedure for passing a Bill into Law, the House Joint Resolution was delivered to the Governor. On April 27, 2006 at 1:09 p.m. Governor Bob Riley signed the Bill.
It became Act No. 2006-642, which stated in pertinent part: ” … in passing Act 92-601, it was the intent of the legislature in adding sub division (18) to address”drive-by shooting”, that is murder committed through the use of a deadly weapon …used within or from a vehicle which murders were gang related or intended to incite public terror or alarm.”
In HJR 575 (Act No. 2006-642) the legislature recognized that Section 13A-5-40(a)(17),(18) has been misinterpreted by prosecutors and courts to apply to any murder committed by or through the use of a deadly weapon, fired or otherwise used within or from a vehicle, even if it was not gang related.
Being that this interpretation was contrary to the legislature’s intent, the Legislature urged the Attorney General and District Attorneys to charge only those individuals who commit murder by or through the use of a deadly weapon fired or otherwise within or from a vehicle, when the vehicle was involved in the shooting or that the shooting was gang related. This clarification by the legislature should have changed the sentences for countless individuals serving Life Without Parole behind the prosecutors and judges misapplication of the law.
Therefore,  the Legislature shall amend the “drive-by shooting” statutes, so that the plain language of the statute will effectuate the legislature’s intent as expressed in House Joint Resolution 575(Act No. 2006-642). And to make such Amendment Retroactive.
*The A.D.O.C’s policy and practice of not affording those Incarcerated with meaningful Educational and Rehabilitation opportunities falls below the standards of human decency, as it perpetuates ignorance and exploitation. It has been empirically proven that the lack of Education is a primary driver for incarceration, therefore, Rehabilitation has to include a meaningful opportunity for Education programs.
More specifically,  we want the EDUCATION,  REHABILITATION AND REENTRY PREPAREDNESS BILL IMPLEMENTED THROUGHOUT THE ALABAMA DEPARTMENT OF CORRECTIONS
(hyperlink freealabamamovement for copy of FREEDOM BILL)

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“INCARCERATED LIVES MATTER” PRISON SLAVERY MUST END

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PEACE AND POWER!

In 7 days- Saturday night @ 12:01 May 1st- We will begin the process using our Economic Power to Peacefully bring about a true and transparent reform to the Alabama Judicial and Penal System. MAY DAY MAY DAY is not just about the Conditions of Confinement. This is more so about the cause of those Conditions – THE13th AMENDMENT, THE ALABAMA CONSTITUTION OF 1901 and the STATUTORY LAWS that have been created from both – Laws that drive and maintains this Mass Warehousing of men and women for extended periods of time in the name of profits.

All that is required of each of us is to STAND AND SPEAK AS ONE- With the Economic Voice of “WE WILL NO LONGER VOLUNTARILY PARTICIPATE IN THIS SLAVE SYSTEM WHERE ECONOMICS ARE PLACED OVER OUR HUMANITY. All is required is for INDUSTRY WORKERS, KITCHEN WORKERS, & HALL RUNNERS TO SIT DOWN. SIT DOWN and instead of saving and making the ADOC money, force them to pay to operate their Prisons. This will greatly diminish their incentives to Warehouse thousands of us for decades with no true efforts at Rehabilitation. There is no need for us to say a word, as everything is in writing- and there are people in place to communicate on our behalf to the people who have the power to make the changes.

For Ourselves, For Our Brothers/Sisters and For Our Families – WE MUST COME TOGETHER AS A COLLECTIVE AND SHUT DOWN THIS ECONOMIC SYSTEM. MAY 1ST @ 12:01 CHANGE BEGINS.

INCARCERATED LIVES MATTER

FREE DA F.A.M. 3

Photo of Free Alabama Movement 3 and text Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world would do this, it would change the earth.

Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world would do this, it would change the earth.

PART 3

FREE THE F.A.M. 3: Non Violent and Peaceful Demonstrations threatened ADOC’s “Violent Culture of Control” Policies

FREE ALABAMA MOVEMENT
P.O. BOX 186
NEW MARKET, AL 35761

Phone: 256-985-1126

freealabamamovement@gmail.com
http://www.freealabamamovement.com

“FREEDOM OR DEATH. AINT NUTHIN ELSE. . . STOP PLAYING WITH THE CONCEPT.”  Dhati

Ever since solitary confinement came into existence, it has been used as a tool of repression.

While it is justified by corrections officials as necessary to protect prisoners and guards from violent super predators, all too often it is imposed on individuals, particularly prisoners of color, who threaten prison administrations in an altogether different way. Consistently, jailhouse lawyers and jailhouse doctors, who administer to the needs of their fellow prisoners behind bars, are placed in solitary confinement. They are joined by political prisoners from various civil rights and independence movements.”

And that’s exactly what Alabama is doing with their Solitary Confinement- using it to repress and torture anyone that speaks the words FREE ALABAMA MOVEMENT. For exposing Alabama’s on going Human Rights violation  James Pleasant, Robert Earl Council and Melvin  Ray were targeted, singled out and labeled “threats to the security of the ADOC,” then placed in Solitary Confinement with indeterminate sentences.

At the time that these men made their decisions to address the ongoing Civil and Human Rights violations that were apparent in the ADOC, the prisons were historically overcrowded, there was a wave of violence brewing statewide throughout the prisons, living conditions were deplorable, food and healthcare we severely substandard and causing many illnesses and death, and the prison administrators, commissioners, and wardens were all refusing to respond and address the complaints.

Then, on January 1, 2014, under the banner of FREE ALABAMA MOVEMENT, a Non-Violent and Peaceful Protest for Civil and Human Rights was launched at Holman  Prison, as over 1000 men went on shutdown [work stoppage].

Three days later, on January 4, 2014, 1300 more at St. Clair Prison joined in.  These demonstrations remained peaceful the entire time. ADOC officials  acknowledged to the AP that these demonstrations were peaceful:

“On Saturday, Alabama Department of Corrections spokesman Brian Corbett acknowledged to the Associated Press that since New Year’s Day, at least some prisoners have refused to work in kitchen and laundry areas and perform other jobs.”

“Corbett told the AP that the protests at the St. Clair and Holman Correctional facilities have been peaceful . . .”

[http://alreporter.com/in-case-you-missed-it-2/5571-alabama-prisoners-strike-continues.html]

Unfortunately for approximately 8 families with loved ones in ADOC, these peaceful ended too soon, because over the course of the next 14 months after the demonstrations ended, with no intervention or improvements from ADOC, approximately 8 men were killed. and hundreds more have been stabbed.

* Our beloved Lil Mook, Marquette Cummins, who came to prison at 17 lost his physical life on January 6, 2015, on the second day of the shutdown. His Spirit lives on and serves as a reminder to us all that we must bring these prisons to an end because they ccontinue to take life, yet give nothing of value in return.

ST CLAIR DEATHSAlso, at the same time that these peaceful demonstrations were concluding, the US DOJ issued a report detail the two-decades long horror story that emanated from Julia Tutwiler Women’s Prison in Wetumpka, AL.

According to the report, which was completed after a long investigation, the women confined at Tutwiler had been raped, impregnated, sexually assaulted, abused and exploited for sex for over two decades. Children were born. Children were aborted. Women were beaten and raped, and it was estimated that at least 1/3 of the ENTIRE corrections staff had been involved in the abuses. In that time, less than 10 officers has been prosecuted, and the most time handed out was 6 months, with one officer getting 5 days.

Now, approximately 14 months later, and exclusively for organizing a “non-violent and peaceful protest”, these three men, Robert Earl Council, James Pleasant, and Melvin Ray, have all been labelled a “security threat”. In addition, F.A.M. and the family members and supporters, including those who had lost a loved one to the violence and who were supporting F.A.M.’s call for an end to the violence, were also labelled as a security threat.

Under ADOC rules, violence such as riots, assaults, destroying property, etc., all fall under security threats. In fact, under ADOC rules, a person who commits a murder while in ADOC custody must serve 30 [months] in solitary confinement. Yet, the people who are trying to stop this avoidable and senseless loss of life are subjected to indefinitely periods of solitary confinement. In other words, if any member of the F.A.M. 3 were guilty of committing a murder, they could look to be released from segregation in a definite period of time of 30 months, but for engaging in peaceful protests against the conditions that lead to violence and murder, these men became “security threats.”

Not a single ADOC rules prohibits “Non-Violent and Peaceful” demonstrations. In fact, the right to peacefully assemble is guaranteed and protected by the 1st Amendment to the U.S. Constitution.

In response to the protests, in light of the conditions that were exposed by F.A.M. on social media like YouTube and Facebook, Gov. Bentley and Sen. Cam Ward created a Prison Reform Task Force and have since verified EVERY issue that F.A.M. complained of.

Additionally, EJI followed the demonstrations by filing a lawsuit about the violence at St. Clair, were hundreds of people have been assaulted, including one person by the warden, Carter Davenport, who has since been reassigned to another prison (he was a Captain at Tutwiler during the rapes, etc.). The SPLC has filed a lawsuit on the healthcare against ADOC after the demonstrations.

When Gov. Bentley, Sen. Cam Ward, Chief Justice Roy Moore, Attn General Luther Strange and other state officials acknowledged the problems within ADOC that were exposed by F.A.M., THEY were not labelled security threats. When al.com confirmed that Warden Davenport was the root of the violence at St. Clair they were not labelled a security threat. When the US DOJ reported on the abuses at Tutwiler, they were not labelled a security threat.

But when the people who live in the violence, the very people who are forced to live in the inhumane and uncivil conditions complain about the violence with -non-violent and peaceful protests”, they are labelled a threat to security, even where the violence levels, understaffing, and decrepit conditions show that there is NO SECURITY TO THREATEN, and certainly none to threaten with “Non-Violent and Peaceful Protests!!!

Join F.A.M. as we demand answers from ADOC and other Alabama officials about why these men are being punished for complaining about these ongoing civil and human rights violations.

#INCARCERATEDBLACKLIVESMATTERTOO

#freedafam3