So, what is it about prison privatization that economic developers think is so good for us again?
Supporters Fight to Get Courtney Bisbee a New Trial
February 15, 2011
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Ciavarella found guilty on 12 of 39 charges: Juvenile Law Center responds to guilty verdict
In 2007, a frantic call from an alarmed parent prompted Juvenile Law Center to investigate irregularities in the Luzerne County Pennsylvania juvenile court. Juvenile Law Center discovered that hundreds of children were appearing without attorneys before juvenile court judge Mark Ciavarella, and were then quickly adjudicated delinquent (found guilty) and sent to out-of-home placements for very minor offenses. In 2008, after further investigation, Juvenile Law Center petitioned the Pennsylvania Supreme Court to identify those children and vacate and expunge their records. The Pennsylvania Supreme Court initially denied that request.
The U.S. Attorney later filed federal criminal charges against Ciavarella and another Luzerne County judge for accepting nearly $2.9 million in alleged kickbacks from the developer and former owner of two private for-profit juvenile facilities in exchange for placing children in these facilities through the Luzerne County juvenile court process.
The conspiracy lasted from 2003 to 2008, involving as many as 6,500 juvenile cases and as many as 4,000 individual children. Over 50% of the children who appeared before Ciavarella did not have an attorney and 50 to 60% of these unrepresented children were placed outside their homes. Many of these children were sent to one or both of the two facilities involved in the alleged kickback scheme. The vast majority of children were charged with low-level misdemeanor offenses.
This clip, taken from a 2009 episode of ABC's "20/20," features the stories of some of these children and their families:
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In 2009, after learning of the illegal kickback scandal, Juvenile Law Center returned to the Pennsylvania Supreme Court and asked the Court to vacate and clear the records of all of the youth who appeared in tainted juvenile proceedings before Ciavarella. The Pennsylvania Supreme Court granted Juvenile Law Center's request and issued an order to vacate and expunge the juvenile adjudications and records of all of the thousands of youth who appeared before Ciavarella between 2003 and 2008. [Visit our State Supreme Court Litigation page for more information.]
Recognizing that the children and families experienced significant emotional and financial harm as a result of their unlawful adjudications and placements, Juvenile Law Center, along with pro bono co-counsel Hangley Aronchick Segal and Pudlin, filed a federal class action lawsuit on behalf of children who were adjudicated or placed by Ciavarella, as well as on behalf of their parents. The lawsuit seeks monetary damages from the former judges, private facilities, and the developer under federal civil rights laws and the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. [Visit our Federal Civil Class Action Lawsuit page for more information].
Juvenile Law Center is also working to reform Pennsylvania’s juvenile justice system to ensure that tragedies like those that occurred in Luzerne County’s juvenile courts are never repeated. [Visit our State Legislation and Reform page for more information.]
As a result of their involvement in the corrupt “kids-for-cash” conspiracy, Michael Conahan, Robert Powell (the owner of the facilities), and Robert Mericle (the developer) pleaded guilty to federal criminal charges; former judge Mark Ciavarella is scheduled to go to trial in February 2011. [Visit our Federal Criminal Charges page for more information.]
Over the past two years of being trapped within this “hellhole,” your behavior modification (human mortification) chamber, I have written many formal letters against you to your conceivers—the DOC administration, and I’ve penned several articles to inform prisoners and “free world” citizens of your insidious plans to destroy my mind and any chance for a productive life once I am freed from your chokehold. But today is the first time I’ve ever written to you personally and I have many things to say, so bear with me as I’ve had to bear with you every minute of these past two years while locked in your solitary confinement….
First, despite your lies, the stories you would tell me that I will never leave you, I could never leave you and within you is truly where I belong and you were just “trying to help me” become a proper woman, I AM leaving you. I’ve completed my penance and within a couple of days, I will walk out and not look back. I know you find this hard to believe and I can hear you saying, “You’ll be back. You’ll come home to me ‘cuz I’ve taught you to bring yourself back into my walls.” Don’t be so confident and sure of yourself or your ability to twist my mind. I think you already know I am different from the others you’ve courted and caged before me.
I admit the first time we met and you took me in 6 ½ years ago, I was quite naïve and rather weak in my physical, mental and emotional states. Yes, you definitely had control and I was at your mercy, which I never received any, regardless of how I begged and pleaded with you to stop beating me, to stop hurting me, to stop breaking my heart and PLEASE just let me hold onto ONE LITTLE HOPE. You never ceased in your cruelty and I responded the way you wished, like a feral animal lashing out at any and all human contact. I’ve never felt so ashamed, so helpless, but I found the answer to your abuse…it would end, everything would cease to exist, even me. I would escape you by hanging myself, my spirit would fly free, this I would gladly pay for with this shell of flesh and bone.
It would come to pass: I hang, I die, I’m free.
Fate has a way of placing its hands on the steering wheel of life though and I was revived and brought back to you. It was that anger that helped me live until EOS.
You know, I can’t believe I’m being so civil to you and not ranting.
Yes I can believe it. I’ve changed in this second time I’ve spent so unwillingly with you. I swore that this time, I wouldn’t allow you to destroy me, to steal my life no matter what you did to me. Somewhere along the way, I found that I wasn’t a victim. I would be a survivor, a fighter. I would see my son again. I would enjoy a summer day, a cool winter night or the spring rain. I would bask in the sunshine with my lover. I would defeat you, beat you at your own game, and teach others how to survive and fight you.
There were days, many days in which my strength and hope waned, days when I would fight the guards just to FEEL, to KNOW I am ALIVE, I am REAL. The pain was real, the suffering was real and through all the mental and emotional anguish I held onto that burning rage I had inside and I became a “soulja,” a trained reconnaissance soulja, an urban guerilla who was ready for your warfare on whatever level you chose to fight.
When there was no attack on me, but on my captive sisters, I fought for them. I had to guard and protect those who didn’t understand your tactics. After all, that is “how you roll”—to besiege and then sequester the innocent, the unsuspecting. Isolated, they are then abused and returned to the free world shell-shocked. These are my sisters. I couldn’t just turn a blind eye or a deaf ear, even if it meant that I put myself in the line of fire, targeted.
I admit you are quite the formidable adversary. That is why your reach has grown and now no one is safe from you, not even your conceivers and your capitalist grantors. I’m quite sure you’ve deceived them into believing that you will not bite the hand that feeds. Won’t they be surprised and horrified when even they become trapped within you…
But, as your reach continues to expand, so does my network—my allies, the grassroots guerillas who support my resistance.
Funny, you fail to realize that, even while locked within you, deep in your bowels, my army of one is multiplying. Many armies of one are joining to become an army of many, who will foster and implicate the prisoner resistance movement and who will bring this hidden revolution to light.
I am leaving you and I know you are angry at this, but you see, I am ANGRIER and I MUST take this fight where your scary ass doesn’t want me to—to the streets. For it is outside of your walls that this revolution is about to explode. I will take it to the everyday common hardworking folk, the masses of overworked and underpaid who are your targets, so they no longer remain blind. I will take it to the uncertain and educate them, give them weapons to fight you. I will take it to the elitists on their pedestals and knock them down.
This is a war all right, a war for human rights and I will not allow you to take any more children from their families so that you can train them to become statistics of recidivism. You will not destroy my people. You will not destroy my family. For as much as you hate those you harm, I love them 100 times more.
My visionaries are beside me, inside me, speaking their truths.
My revolutionary sisters and brothers are everywhere, learning their truths.
Abolition has begun and it will not stop now.
I will not stop until all are free.
And this, Lowell Correctional Institution, is such a Savage Reality.
Until there are no more death chambers, I will fight.
Your Ex-Hostage,
(Lisa) Lee Savage
Lee was released on August 1st, and continues the struggle from the outside. To contact her, write to her at:
PO. Box 5453
Gainesville, FL 32627-5453
February 24, 2011
This week, Colorado state Sen. Morgan Carroll and Rep. Claire Levy introduced a bill that would substantially limit the use of solitary confinement in the state's prisons. S.B. 176 would restrict solitary confinement of prisoners with mental illness or developmental disabilities, who currently make up more than one-third of the state's solitary confinement population. It would require regular mental health evaluations for prisoners in solitary, and prompt removal of those who develop mental illness. And it would significantly restrict the practice of releasing prisoners directly from solitary confinement into the community, where they are more likely to re-offend than prisoners who transition from solitary to the general prison population before release.
The shattering psychological effects of solitary confinement, even for relatively short periods, are well known. "It's an awful thing, solitary," John McCain wrote of his time in isolation as a prisoner of war in Vietnam. "It crushes your spirit and weakens your resistance more effectively than any other form of mistreatment." The American journalist Roxana Saberi, imprisoned by the Iranian government, said that she was "going crazy" after two weeks in solitary. Imagine, then, that 54 prisoners in Illinois have been in continuous solitary confinement for more than 10 years.
These reforms are long overdue for Colorado and for the nation as a whole. Solitary confinement is an expensive boondoggle – in Colorado, it costs an additional $21,485 per year for each prisoner. And all we get for that investment is an undermining of our public safety. The vast majority of prisoners who are forced to endure long-term isolation are eventually released back into the community, where the devastating impact of solitary confinement leaves them more damaged and less capable of living a law-abiding life.
The United States uses long-term solitary confinement to a degree unparalleled in other democracies, with an estimated 20,000 prisoners in solitary at any one time, and it's attracting increasing criticism from international human rights bodies. The U.N. Human Rights Committee and Committee Against Torture have both expressed concern about the use of prolonged isolation in U.S. prisons and recommended scrutinizing this practice with a view to bringing prison conditions and treatment of prisoners in line with international human rights norms. And the European Court of Human Rights has temporarily blocked the extradition of four terrorism suspects to the United States on the ground that their possible incarceration in a Supermax prison, where solitary confinement is the norm, could violate the European Convention on Human Rights.
Last week the ACLU urged the U.N. Human Rights Council to address the widespread violations of the human rights of prisoners in the United States associated with solitary confinement. Many of the measures we call for, such as prohibiting solitary confinement of the mentally ill and careful monitoring of prisoners in solitary for mental illness, are also part of Colorado's S.B. 176. Colorado may be only one state, but the bill's introduction is a hopeful sign that the United States may, at last, be turning the corner on solitary confinement.
This week the European Court of Human Rights temporarily halted the extradition of four terrorism suspects from the United Kingdom to the United States. The court concluded that the applicants had raised a serious question whether their possible long-term incarceration in a U.S. “supermax” prison would violate Article 3 of the European Convention on Human Rights, which prohibits “torture or … inhuman or degrading treatment or punishment.” The court noted that “complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason,” and called for additional submissions from the parties before finally deciding the applicants’ claim.
The court’s decision was not a surprise. International human rights bodies have repeatedly expressed the view that supermax prisons — in which prisoners are held in near-total social isolation, sometimes for years on end — may violate international human rights law. In 2006, the U.N. Committee Against Torture expressed concern about “the extremely harsh regime” in US supermax prisons, which it said could violate the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a human rights treaty ratified by the United States in 1994.
Despite these warnings, supermax prisons are common in the United States. In the 1990s they were a raging fad, yet another round in the perpetual “tough on crime” political bidding war. Suddenly every state had to build one — Virginia was so tough it built two. By the end of the decade, more than 30 states, as well as the federal government, were operating a supermax facility or unit.
The devastating effects of isolated confinement on the human psyche have long been well known. In 1890, the Supreme Court described the results of solitary confinement as it had been practiced in the early days of the United States:
A considerable number of the prisoners fell, after even a short confinement, into a semi-fatuous condition, from which it was next to impossible to arouse them, and others became violently insane; others still, committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases did not recover sufficient mental activity to be of any subsequent service to the community.
Conditions in modern supermax prisons are, if anything, even more damaging, as technological advances like video surveillance have made possible a greater degree of social isolation than in earlier times.
The ACLU has been bringing challenges to supermax prisons for over a decade, and what we’ve found is troubling. The official line is that these prisons are reserved for the “worst of the worst” — the most dangerous and incorrigibly violent — but most states have only a few such prisoners. In overcrowded prison systems, the typical response has been to fill the remaining supermax cells with "nuisance prisoners" — those who file lawsuits, violate minor prison rules, or otherwise annoy staff, but by no stretch of the imagination require the extremely high security of a supermax facility. Thus in Wisconsin's supermax, one of the "worst of the worst" was a 16-year-old car thief. Twenty-year-old David Tracy hanged himself in a Virginia supermax; he had been sent there at age 19, with a 2 ½ year sentence for selling drugs.
The mentally ill are vastly overrepresented in supermax prisons, and once subjected to the stress of isolated confinement, many of them deteriorate dramatically. Some engage in bizarre and extreme acts of self-injury and even suicide. In an Indiana supermax, a 21-year-old mentally ill prisoner set himself on fire in his cell and died from his burns; another man in the same unit choked himself to death with a washcloth. It’s not unusual to find supermax prisoners who swallow razors and other objects, smash their heads into the wall, compulsively cut their flesh, try to hang themselves, and otherwise attempt to harm or kill themselves.
Lawsuits by the ACLU and others have mitigated some of the worst features of supermax confinement, but thousands of prisoners remain entombed in these facilities throughout the United States. Fortunately, with states facing record budget deficits, supermax facilities, which are far more expensive to build and operate than conventional prisons, have lost much of their appeal. Bills have been introduced in the Illinois and Maine legislatures to substantially restrict supermax confinement in those states. There’s a long way to go, but these are important first steps toward bringing U.S. prison conditions into line with human rights norms, and with basic human decency.
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Bisbee, a 35-year-old mother and former school nurse, was prosecuted by the office of disgraced District Attorney Andrew Thomas, the subject of an ongoing FBI investigation who has been accused by the Arizona State Bar of having engaged in at least 33 ethical violations while in office, from abuse of power to prosecutorial misconduct. Thomas is also perhaps best known for prosecuting a 16-year-old boy as a child sex offender for allegedly showing a Playboy to two of his friends.
In January 2007, the case against Bisbee – already thin – began to unravel, as journalist Stephen Lemons reported in a comprehensive piece for The Phoenix New Times. Indeed, one of the prosecution's “star” witnesses, Nik Valles, signed an affidavit stating that he was forced to lie on the stand – forced to say his brother, Jon, was groped by Bisbee at a friend's house – by his mother, who he says put him up to it in order to cash-in from a lawsuit against the school where Bisbee worked.
In the affidavit, Nik states that his mother, Janette Sloan, “wanted my brother, Jonathan Valles, to make false accusations against Courtney Bisbee for financial gain.” And he says he witnessed her tell his brother “to lie and to stick to the story and, 'You'll be a rich kid.”
Nik said that, as a 15 year old, he had no choice but to heed his mother's wishes – to lie on the stand and help convict an innocent woman. He now lives with his father.
"I love her; she's my mom,” Nik told the New Times. "But I don't agree with any of the decisions that she makes, and I wouldn't trust her with my life.”
Such a stunning revelation should have immediately earned Bisbee a new trial – if not her freedom outright. But Thomas ignored it – why let something like exculpatory evidence get in the way of a conviction? – as has his successor, Bill Montgomery. And so Courtney Bisbee remains in prison.
But she has her supporters.
Dawn Kirkpatrick attended the same church as Bisbee in Scottsdale, Arizona. And while she didn't know her personally, she says they had friends in common.
“One of these friends put a letter about Courtney's case on each table of a woman's Bible study that I was attending,” Kirkpatrick tells Change.org. “I picked up the letter that day and was interested in finding out more information.” And that she did, spending hours going through the evidence on a website Bisbee's parents set up about her case, www.Justice4Courtney.com.
“I started to read the evidence and ended up staying up almost the whole night digging into it all,” says Kirkpatrick. “To me it was quite obvious that she was completely innocent of this alleged crime and I couldn't understand why she was still in prison. From there I had to learn how difficult it is to get someone out of prison once they are convicted.”
And from there she decided to do something about it, working to help raise awareness about Bisbee's case and starting a petition that aims to get her a new trial.
“I have become friends with Courtney and visit her in prison,” says Kirkpatrick. “As a person who was assaulted myself at the age of 16, I would never support someone accused of a crime like this unless I believed 100 percent in their innocence.”