punishing the innocent

When They Free Us: Punishing The Innocent

Why does the justice system in America spend so much energy punishing the innocent?

I have a few conditions I have to follow while paroled and one of them is to attend certain therapeutic programs designed to help me change my past criminal behavior. Since I didn’t do the crime for which I was incarcerated, I have a complex dialogue taking place in my mind while a program’s facilitator tries to lead us through the coursework. On the one hand, I didn’t commit the crime the justice system asserted I had committed. On the other, the people running this program are not prepared to deal with innocent people. The class and others like it have no tolerance for innocent people.

If I insist on resisting the course’s premises, I make everyone uncomfortable, including other parolees and probationers. I don’t want this. My strategy so far has been to apply the work to areas of my behavior that I believe require improvement. That way I get the benefit of any therapeutic value the course provides without dealing with the specific reason I was locked up. For the most part this has worked well for me. But there is a bit of a problem in any therapeutic community when you’ve got to walk a tightrope like this. That problem is honesty.

It’s a fundamental principle in a therapeutic community that the participants are honest. Confidentiality is another. What you say in group is limited to group. Trust is a big deal. You have to be able to bare your soul to get any benefit from the therapy. However, the justice system has its own desire to preserve its credibility. If you signed a plea deal, you’re guilty. And this desire for self-preservation causes a huge conflict for an innocent person in group therapy.

When I was sent to the sex offender treatment program on the Goree unit in Texas, I had to go through what is called UCC a couple of days after I arrived there. UCC stands for Unit Classification Committee. This group usually consists of the Warden, Assistant Warden or Major, the head of Classification and one other ranking member of the unit staff. Together they review the inmate’s information, his crime, his behavior while in prison and his medical records in order to determine where he should be housed on the unit. Any time an inmate is assigned to stay on a particular unit he or she has to face this committee. In addition to assigning housing they decide what sort of job to give the person. Inmates with sex charges aren’t generally allowed to work as clerks or librarians.

Now when I first entered prison, I had an instinctual knowledge that claiming I was innocent after having signed a plea deal would be frowned upon. So as I went through the initial evaluation on the Holliday unit, I didn’t protest my innocence at every juncture. I knew that TDCJ would make it even harder on me. But there were a couple of times when I tried to explain things “off the record” to the person interviewing me that there are plenty of sound reasons a person might sign a plea deal which don’t involve actual guilt. Off the record apparently did not have the meaning I thought.

About two minutes into the Goree UCC committee meeting the 02 (Assistant Warden) peers into a manila folder and then meets my eyes. It’s my fifth year being locked up. I’ve received a positive parole answer over 9 months prior on an eight year sentence.

“I see here you aren’t willing to admit your guilt on this crime. Son, you aren’t going to be able to finish this program if you don’t. I’ll just ship you out of here and you can discharge your sentence.”

The head of the sex offender program on the Goree unit is sitting beside the 02 shaking her head and clucking. She gives me a sad smile and says, “That’s right. We can’t help you unless you’re willing to admit you have a problem.”

There wasn’t a chance in hell that I was going to argue with them. My face was burning, my heart pounding. I just wanted to get through this interview and get to my cell. I hadn’t really thought about this possibility too much and it was a real slap in the face. I didn’t expect that I’d be arguing my innocence throughout the program but I did think that maybe I’d be able to learn about how I might approach the problem if I could only learn what the system believed was true about sex offenses. What motivates people to victimize others sexually? It’s not just a desire for orgasms. Maybe there is something I could learn which would help me to prove my own innocence later. It was a comfort to consider the possibility. But now?

“Go ahead, make our day. Say you’re innocent. Then we’ll take away your parole,” was basically what I was being told. So my parole was now a matter of what I spoke and believed. If I told people the truth, I’d be punished further.

A few months later I learned that one of the basic tenets of therapy in any situation is the honesty the participants. Unless you’re innocent. Then, you have to lie your ass off.

The beginning of the program for those being prepared for it consists of many interviews and tests. Most of the testing is cognitive therapy language. “Do you believe that you have problems?” Questions like that, to determine your attitude, whether or not you would accept the suggestions and teachings. People who don’t answer “correctly” are thrown into solitary confinement. If they still do not get the message, then they are given a disciplinary case which changes their parole status and are then shipped off the unit. It’s a way to (illegally) revoke their parole. The unit’s staff does not have authority to revoke a person’s parole on the basis of his survey answers but this is how they get around it. If they can convict you of a bogus disciplinary case, your classification status changes. It is the change in your status which triggers the revocation of parole. Slick eh?

Part of the process involves a lengthy interview with a licensed therapist. During my interview I was told that if my lie wasn’t convincing enough, therapists would kick me out. “We’ll know that you’re just trying to satisfy the program requirements. It’s easy to see when somebody is just gaming the system,” the therapist told me.

“Look, you’re a nice guy. But if you’re innocent, go to the law library and fight your case. This isn’t the program for you.”

It had to be the most disheartening conversation I’ve ever had. “You may be innocent but if you are, we need to punish you further. “

I made it through the program. And I can tell you now that in reality, they don’t care about any of that. They want you to go through the motions but they truly don’t care if you are innocent or guilty. They just need you to go through their prescribed motions so they can check off a box. I often wonder how this can possibly help the guilty but paradoxically, I saw people wonderfully changed.

When I got out, it took a lot of consideration but I decided that I would no longer pretend I was guilty. It is, was, and will be completely counterproductive to any improvement in my life to speak about my experience other than truthfully. My own integrity demands it. And I’ll not beat myself too much about why I signed a plea deal rather than going to trial. I won’t go into it in detail here but the avoidance of a lifetime behind bars is not something for which I’ll apologize nor will I allow anyone to shame me for it. I wish I could have gotten real justice but I at least am living outside of prison today. I don’t think I would be had I gone to trial. Juries often convict innocent people.

A few weeks after I was released, I watched some portions of “When They See Us,” a haunting miniseries about the five young boys falsely accused of a brutal rape in Central Park in 1989. Personally, I don’t know when I’ll be able to watch the entire thing. It is too real. And it might be the most important work ever produced about true crime based on the changes that are being made in its aftermath. Ava DuVernay proves herself to be a master at noticing what it is that makes these men’s stories authentic. One scene in particular struck me dumb. It shows Raymond Santana taking a shower shortly after being released from prison. He’s alone, in his boxers, hot water streaming over him. Prison has made its indelible mark on him. If you’ve ever been to prison you know immediately that there is exquisite care being taken to get the story right.

And we see how the system keeps punishing the innocent, even more punitively than it does the guilty. The Exonerated Five first confessed, then took their cases to trial. Juries found them guilty in spite of the fact that there wasn’t one shred of physical evidence that they were anywhere near the scene of the crime. In another scene, two of the young men are out on parole and have to face a so-called therapist in a mandated Sex Offender Treatment Program who calls them out as rapists in front of the group. In the face of her withering rebukes, they stand their ground and tell her there is no way they are going to admit guilt. She kicks them out of her group. It was a stark reminder of how the justice system grinds up the bones of its subjects, especially those who protest their innocence.

Many who work in justice departments around the country resist every hint that what they are doing might be improperly directed. And why not? If you were involved in a system that was supposed to be doing good, one that often rewarded you with praise, emphasizing the positive impact you are making on society, why would you ever question anything? And why wouldn’t you resist every critic? Such criticism would be considered insult. A slap in the face. “I’m doing good!” Scream those faced with the growing number of exonerated innocents.

While I can understand, I don’t feel any better about what is going on. If you are innocent, and especially if you are an innocent person charged with a sex crime, you are punished with more zest than if you were guilty. I hope one day this will stop. But it’s hard to imagine that happening in the current environment. The people involved in the case of the Exonerated Five are even today trying to rehabilitate their own actions. Even without the help of dramatization, their behavior would lead reasonable people to realize that police and prosecutors were vicious and merciless.

But instead of remorse, those involved and some of their supporters too, seem to be angrier that the victim’s innocence has exposed flaws in the justice system, than they are happy that the “system worked” to exonerate them. They often trot out this same “the system worked” canard when people suggest that many innocent people are ritually murdered by the state, as if one exoneration is proof that no more innocents languish in prisons, or that there is no need to modify current standards of operation.

The justice system in America doesn’t have a lot of tolerance for the guilty, but it has even less for the innocent. That is why it keeps punishing the innocent.

Fairstein’s Five: The Tip Of The Iceberg

Linda Fairstein has been doubling down in the face of recent criticism and career setbacks. But this isn’t unusual for her. When the The New Yorker’s Jeffrey Toobin sat down with Fairstein back in 2002, she couldn’t praise detectives enough for their work apprehending the five young boys who would later be exonerated.

At first, the detectives didn’t have much to go on. “A kid would say something like ‘a dark-skinned guy who lives on 102nd Street,’ ” Fairstein said. “And these detectives would go out and find him. I think it was one of the most brilliant police investigations I’ve ever seen.” 

Linda Fairstein in The New Yorker

I don’t know about you but I think it would have been more impressive had they found the dark skinned guy on 5th Avenue. Be that as it may, with the revelations which continue to pour forth producing article after article, one thing hasn’t been much talked about. Perhaps this is the reason Farstein (how is it that a person can have such an ironic name anyway?) has been so loud and proud even after her public fall from grace:

She hopes to keep the focus on this case only. Because if investigators look into other cases, what might they find?

Houston’s Example

Back in January, Houston police conducted a no-knock raid on the home of Dennis and Rhogena Tuttle in the Pecan Park neighborhood. Officers busted down the door on the basis of a fabricated warrant which claimed that an informant had purchased heroin from Tuttle, had seen more heroin in the home and had even witnessed a semi-automatic weapon. None of these facts turned out to be true. Tuttle and his wife were killed in the raid and four officers were shot and hospitalized – likely by friendly fire private investigators hired by family members have discovered. [ Timeline of the fiasco can be found here].

As a result of the initial internal investigation two officers were suspended (with pay). HPD is currently reviewing over 1400 cases handled by the lead officer, Gerald Goines, spanning his entire 34-year career. Officer Steven Bryant, who originally claimed he had seen the fabricated drug buy and later changed his story, has over 800 of his past cases under investigation.

Already there have been two dismissals of Goine’s pending cases. How many more will result in reversals is yet to be seen. The FBI is also investigating the civil rights violations that may have occurred as a part of the raid.

HPD’s police chief, Art Acevedo, is no stranger to controversy and bad police conduct. He was formerly the Chief of the Austin, TX police department notorious for its treatment of the city’s minority population. One wonders what would happen if somebody looked deeper into his past.

Underneath The Water

The real question is, what lurks underneath the proverbial water? Fairstein retired after 30 years as a prosecutor. She must have hundreds and hundreds of prosecutions, if not thousands. She hoisted herself by her own petard when she stated that the police-work in the Central Park Five case was some of the best she had ever seen. What happens when investigators start looking at the rest of her cases both before and after 1989, where the police work wasn’t so “brilliant?”

Likely they discover a Titanic-sinking iceberg. Why likely, you ask? Because Farstein is not even the slightest bit remorseful. This suggests that she and police routinely practiced the kind of behavior revealed to have been perpetrated by police in the Central Park Five case. It wasn’t an anomaly for which she feels regret.

In fact the only regret Farstein has so far admitted is that the Central Park Five were not charged with other crimes besides the rape that they didn’t commit. That in and of itself is damning enough but when will the main stream media start demanding a look into her other cases?

A Vast Ocean Of Icebergs

Lest anyone think that this is a person problem, it isn’t. Its an institutional problem. Fairstein does not fail to show remorse because this is an isolated case and her behavior prosecuting it was an exception to the rule. She fails to show remorse because the way she handled it and the way prosecutors all over the country handle their cases is a demonstration of the rule. The tactics that police and prosecutors use, especially against minorities (though as a white guy who was falsely convicted I see that it can be applied just as effectively to my kind), are part of an institutional pattern. They are trained and groomed to this behavior and their training is designed to alleviate misgivings about the misconduct they are trained to practice. Furthermore, decades of bad court rulings have emboldened justice workers to push the envelope further.

It is the rare cop and prosecutor who act constitutionally in spite of their training that we can consider the anomalies.

To turn Farstein into a scape-goat would be unfair and myopic. Nevertheless, we ought to look at every single case she has ever prosecuted. Because the tip is the smallest part of a vast ocean of icebergs.

Pain, Joy and Prison

Someone sent me an inspirational song today and I ended up wandering the labyrinth of YouTube. I used to do this before I was locked up and often my kids would be sitting beside me egging me on. It was really so much better than television. I wonder if you do this too.

The person who sent the video wasn’t responsible for my travels in the maze of twisty passages, but I couldn’t help but look to my right and see the related videos just waiting to be clicked. Google knows I’m a sucker for the talent competitions, so many of the videos were of various Simon Cowell productions, America’s Got Talent, Britain’s got Talent or The X-Factor.

The Ten Best Auditions! Says one title that I couldn’t help but click. It was a compilation and the first to audition is a deaf girl who’s come to sing a song of her own composition called “Try.” I must admit that the young lady’s story and her honest song made me cry. (Try made me cry.) As in, tears were streaming down my cheeks. Then the next audition on the same video was of a young girl with anxiety disorder who was accomplishing something by merely being in front of the audience. Howie Mandel revealed that he also suffers from an anxiety issue – O.C.D. – in order to soften up the audience. He wanted the audience to relate to her pain and to understand how hard it was for her to even be present. He appealed to their emotions.

And isn’t it strange how when we want to get our way we often appeal to, some might say manipulate, the pain or joy of others? Or is it strange? Is it just what works? Its easy to stand back and judge people for using appeals to emotion to sell stuff and ideas. We’d all like knowledge to be king when it comes to politics, for instance, but we find that the thing that works is often an appeal to emotions.

In prison, it is rare to see pure joyful abandon. I’ve noticed how much I missed that kind of joy now that I am out. Music for instance, which is one of my passions, is not something that one can participate in Texas prisons unless you play in the church band or sing along with your twenty dollar radio. They don’t allow musical instruments outside special sanctioned events and locations. And inmates don’t get YouTube so they never get to see the sort of joyful revelry which could be witnessed watching Jeff Beck’s band (I dare you to suggest Tal Wilkenson, Beck’s bassist is not playing with pure joy) or the other videos I watched today including Mandy Harvey who said at her audition, “After I lost my hearing I just gave up. But I want to do more with my life than just give up.”

The lack of joyful expression in prison goes along with the lack of pain expression. This isn’t to say that they don’t exist in prison. Pain is everywhere. Joy is occasionally found but it seems so out of place that those who are discovered being joyful are often reprimanded by guards or other inmates. It just isn’t right to be joyful in a place like prison. Coincidentally, the majority opinion in Big Justice right now is that when people are sent to prison, they should just give up even if they want to do more with their life. They have been adjudicated failures. The script now must be adhered to by all the bit players. Everybody needs to play their part and anyone who goes outside the script is a danger. Even you non-felons have a part to play according to the script writers. If you’re reading this you may already be going off-script. Congratulations.

Prisoners are unwitting accomplices to the systematic suppression of their emotions. Take pain for instance. Genuine pain is dangerous to share. Showing pain makes one vulnerable. And vulnerable people are preyed upon. You can be extorted, raped or killed if you show vulnerability in prison. Not just by the inmates. In fact, it is in prison where the notion of vulnerability as a super power has to have originated. If you can be vulnerable in prison, Clark Kent ought to tremble at your feet. (If he was a real person that is). There really are men in prison who do not react to vulnerability with violence but it isn’t the norm and it is rarely anyone who works for the prison.

I have always had a hard time with pain. Not only sharing it but standing in place for somebody in pain. I had a a celly once on the Dalhart unit who I really liked. We were housed in the faith based dorm and one day he got called out to the Major’s office around Christmas. I wasn’t aware of this but I did notice he had been gone a while which wasn’t typical. He was what some call a “house mouse.” He didn’t like to spend a lot of time in the day room and stayed in reading or filling out workbook assignments required as part of the dorm’s educational activities. He came back late that afternoon with his head low, refusing to make eye contact. He sat on his bunk in silence.

I could feel tension like a thick blanket, a common occurrence in prison. Unable to withstand, I asked him finally what was wrong. He choked back a sob and tried to talk. “My mother and my brother-in-law both died last week,” he coughed. He had talked about both often. They were his sole means of support besides his sister, who was only marginally involved in his life. And now they were both gone. Within days of one another they had passed and letters of the news had been intercepted by the mail room and forwarded to the chaplain who was not available. The duty of informing the inmate had passed to rank.

I felt awkward and uncomfortable because I wanted to lose it myself. What a tragedy. The only thing to do was to sit there, offer a hug and listen. Yeah. A Hug. In prison. Not a fist bump or a pat on the back but a real live hug. I remember thinking how rare this was on several levels. I had heard of similar catastrophes happening but always to people far removed.

Yet, outside of our cell, my celly, I’ll call him Jose, remained guarded. He wasn’t eager to be vulnerable to the whole pod even if many of our neighbors were committed to the kinds of behavior that faith promotes: mercy, forgiveness and compassion. I wanted to help Jose overcome his fear of trusting others. But I also thought that I might not be doing him any favors by encouraging him to step out and share his grief. I didn’t think there was a lot of danger but I also didn’t know if I would have done the same were I in his shoes.

Prison is not designed for humans. It is ironic that our society wants to punish people for stepping outside what is deemed acceptable societal norms but it does not seek to improve or educate the punished person in what that would look like. (Figure it out, loser!) Instead, people are sent to warehouses to endure their sentences and cope with their feelings using the strategies they learned before being locked up. And they’re locked up with overseers who have been conditioned to believe that they are an integral part of the punishment regimen, rather than being there to ensure the safety of their charges.

I didn’t begin to write a screed decrying the faults of our prison system but to point out that our attitude about prison is due to emotional manipulation. Some of this is the pure emotion of having been victimized by crime. Not a fun feeling. Yet this pain is used as a weapon and a tool for demagogues. “Lock them up and throw away the key,” they say. “Prison isn’t supposed to be pleasant. ” If they wanted to go to a country club they should have victimized society the old fashioned way, by going to law school or running for office. Apologies to Bryan Stevenson and Barry Scheck who break the mold.

Now there are people who think that the incarcerated are human and that by improving the condition of the incarcerated it can only improve society once a rehabilitated prisoner is released. And one of the ways that many advocates are trying to change the system is to promote programs that reduce recidivism. They’re appealing to the facts and data because that’s what legislators and prison administrators claim to care about. But there is a problem with this approach because a good idea which improves opportunities for prisoners might not result in declines in recidivism rates. But what if it reduces the rates of rape and extortion? What if a program helps people in prison communicate their feelings and improves their mental health but doesn’t necessarily knock down the rates of re-offense? Does that make it a bad program? Is that program now worthless because we can’t measure it against recidivism rates and see a benefit?

What sort of system spends its energy re-enforcing the very errors in thinking which contributed to a person’s mistakes in action? The kind of system that is fueled by the emotions of those who assume that the outcome they’ve been promised is reality.

Yet, at some level a person has to realize that when you transform a victim into an avenger, you have not achieved anything other than to bring the victim down to the level of the criminal. It’s a base, selfish reaction to crime to want personal satisfaction over societal security. Merely locking people away may make society temporarily safer while the criminal is locked up. But without any accompanying education, you only result in releasing embittered societal rejects. So, to prevent more retaliation from these embittered rejects, we simply lock them up so long that by the time they do leave prison they require hospice.

It’s the same mentality which says we ought to just keep the innocent men locked up in Guantanamo forever because if they weren’t terrorists before we locked them up, they will be after we let them go. While fear is a terrible way to govern, it is an awfully effective tool for manipulation.

When do we stop listening to fear and pain, and listen to joy? Joy? You ask. Yeah. Joy. How radical is it to imagine it being OK for an incarcerated person to feel and express joy?

It only seems radical. Prisoners have families. They have adopters. They have triumphs. How likely is it for a person who is encouraged and allowed to experience joy to desire pain for others? Not very likely. So when do we stop allowing our emotions to be manipulated by people who have no joy in their own lives? Sometime around the moment when we encourage people to find joy even if they are in prison.

A.T.

Number Two Freedom – A Bastille Bathroom Biography

There are many things which are better outside prison walls but the bathroom has to be near the top of any comparative list. Just ask anyone who’s been to prison. You probably don’t know anyone like that. Good thing I’m around to sate your curiosity.

It was this morning that I started really contemplating this topic because I resorted to an old habit. After performing a critical function in the bathroom, I walked out of the bathroom with the roll of toilet paper in my hand. I was half-way back to my bedroom before I realized I had absconded with the precious four-ply stuff. Huh. As I walked back to the bathroom to return the roll, it dawned on me that the habit was worn into my psyche over a long period of time.

In the county jail, toilet paper itself is not such an issue. At least not in the county where I was detained. You could ask for and receive two or three rolls of toilet paper per day without much push back from the officers. The facilities leave much to be desired as compared to good old home, but at least toilet tissue is freely distributed.

Prison is different. The facilities are just as poorly provided but the staff are loathe to hand out the stuff that facilitates a clean bum. I suppose it must be a budgetary issue but I don’t understand why they are so much more frugal in Texas prisons than they are in Texas county jails.

Going to the bathroom in jail or prison is a humiliating affair already if you are a person who values their alone time in the bathroom. Some people don’t have any hang ups at all about going to the bathroom, whether it’s number one or number two, in front of witnesses. I’m not one of those people. I really don’t want to have a conversation with you if either one of us happens to be pooping at that moment. In fact, even if you’re hundreds of miles away and talking with me on your cell phone, I’d rather not know that you are pinching a loaf in the privacy of your own home. It sort of creeps me out though I will admit that I may have talked to you once while sitting on the toilet. I didn’t tell you because I assumed that you are, like me, content not to know the details of another person’s pooping habits. As long as we’re ignorant, it’s no matter. Hopefully I never gave myself away.

“Are you carrying barbells up to your attic or something?”

“Uh…something like that.”

If it makes you feel any better I am not composing this post while positioned on the porcelain.

Now, the reason that I got in the habit of carrying around toilet paper and why I pilfered the roll in my own bathroom this morning is that I have become used to being rationed out a roll of the precious stuff once per week. That’s one. As in just one roll more than zero and it had to last me an entire week. For a person who has a bowel movement now and again, this is not nearly enough one-ply paper to last. If you’re like me, you would have to supplement your supply through the prison commissary, assuming you have the good fortune to make commissary and the people working on your unit are amenable to the inmates. This is pretty rare – and the details of the problems would double the length of this post so we’ll forego them for now – and so what I tended to do was to hoard toilet paper and buy what I could off “the street.” Most of the guys who sold their state-issued toilet paper were truly desperate types who needed the fifty cents. I figured them to be either chronically constipated or less than diligent when it came to hygiene. I didn’t judge. I needed the tissue. (“Here’s two soups. Now, buy yourself some soap and a laxative pill.”)

An inmate housed in a dorm has a much better situation when it comes to toilet paper as those who are housed in a cell. Yes, he’s got to poop in front of thirty to fifty other inmates. But, he can walk over to his bunk at any time and grab his toilet paper should the need arise. An inmate who lives in a cell has a “private” bathroom but it is only useful if he’s in the cell (and his celly isn’t). If he’s stuck in the day room, he’s going to have to use the toilet in the day room. You get used to using the bathroom in front of other inmates but most of the time you’re peeing. “What’s the difference?” I imagine you asking.

Well, sure, it’s not optimum for privacy but at least you are facing away from the inmates while peeing (unless you’re a woman).

The first unit I was assigned to when I came to prison was the Holliday unit in Huntsville. The entire unit consists of dorms of a few different sizes but the main dorms house fifty-one to fifty-four inmates with the bunks bolted to the floor around the edges of the dorms. There is a huge glass and steel wall along the front of the dorm which gives the place a fishbowl effect. The officers are in a picket surrounded by glass and steel allowing them to see into any of the four dorms which surround their enclosure. The Texas Department of Criminal Justice was concerned about security rather than privacy so the officer can look straight out of his picket into the bathrooms at the back of each dorm to see who is showering, brushing their teeth or riding the porcelain chopper.

Apparently, in an effort to increase the entertainment value of the design, TDCJ mounted the day room television sets right over the bathroom entrance. Convenient for inmates who happen to be bored during the commercial breaks.

The point is, in most of the day rooms in TDCJ, when you have to number two, you are number one with the day room audience. Even in wings where there are cells, the day room toilet (only one toilet per day room) is arranged to offer the least privacy and dignity for the inmate. And this ensures that in a wing where there are cells, the inmates do their best to use the cell toilet when it comes time to go poop.

But the utility of having a toilet in your cell is limited by nature and TDCJ’s security policies.

See, if one is housed in a cell, there are several reasons why he might not have access to the toilet. For one, unless you are on a minimum security unit, the policy states that the cell door stays closed and locked except when the officers are performing “ins” and “outs.” These are specific times when they enter the day room and give inmates the opportunity to leave or enter their cells. It is a short window ( five to ten minutes maximum) where the entry and exit is facilitated and “permanent.” In other words, once you are in, you are in until the next time the guard comes back with an “out”.

These times are supposed to occur once an hour but it is the rare officer who keeps to policy. So you can get stuck in or out. Imagine being stuck in the day room when nature calls. You never want to be stuck out without toilet paper. The only thing less dignified than having to poop in front of a hundred people is having to poop in front of a hundred people without any toilet paper. It brings the term panhandling into a whole different light.

“Hey, celly. Got any toilet paper? I’ma haff to sit here until I gets me some wipage.”

The other thing is this: your celly might be using the toilet in your cell right when you have to go. That is a bummer. Sometimes I would just go in the cell and lay on my bunk while my celly pooped as I waited for my turn. I don’t care how many times you flush or how soon, if you poop in a ten by twelve room that has little ventilation and no “fart fan,” it’s going to stink the joint up.

So, to avoid as much embarrassment as possible, I always had a roll of toilet paper on my person. It sometimes made me a target for the unprepared but I just pretended that I was a county jail officer and made generous like. That mostly ensured reciprocity in times of emergency. Nobody wants to be that guy. The guy who can’t get toilet paper because he was such a douche bag when another inmate was in a bind.

Right before I was released, there was an incident which made my anxiety peak. About two weeks before I had even been given a release date, I caught chain and had to spend a week on the Huntsville unit, known as “The Walls.” If you are classified as “in transit” on that unit, they don’t hand out rolls of toilet paper. The guard on third shift will bring by about three rotations of toilet paper off of a roll. I suppose the rationale is that most people at the Walls are being discharged or paroled so let them buy toilet paper on the outside. The amount they give you each day isn’t even enough to go poop though. So definitely I was pulling my hair out that week. Thankfully, I was shipped to the Billy Moore unit for another week where I would make commissary and buy a couple of rolls to keep me flush.

So it was that on my last day, having given away a roll of toilet paper to another inmate in need, that as I packed up everything I was going to take with me into the world as a parolee, I packed my last roll of toilet paper. After all, what if I got to the airport, got into a stall and it was out of toilet paper? Who would I beg for toilet paper then? Some random stranger in the next stall? Seriously, that was what I thought about. And I was prepared for any toilet paper emergency even if the toilet paper I had on hand was mere one-ply prison supply.

The picture above is that actual roll of prison paper that I took with me along with two bibles and some important writings I drafted while in prison. Hey, if worse came to worse, I could write on it a civil rights law suit as one Texas inmate once did.

The Art Of Gratitude

Prior to prison, I had many blessings which I took for granted. After being locked up, I found faults in my thinking. For instance, I found out how valuable my family and friends were and how I’d been less than appreciative. I didn’t discover this through inner reflection alone but from witnessing what it was like for people on the inside who didn’t have what I had. It was sometimes painful to watch. In the process of my education, my family heard and read the things I was learning and it grieved them also, teaching me another lesson about their capacity for empathy. And I thought you might like to read some insight about the topic of gratitude but it has been a beast to write. I have had a hard time getting the tone right. I still struggle with the matter of authority. I’m not a Brene Brown, or a Deepak Chopra. I’m just a man who’s been in prison.

In my attempts to practice gratitude authentically, I found that there is a relationship between acceptance and gratitude. To express genuine gratitude I had to become better at accepting things I was given whether good or bad. Because even the things I think are bad can result in good.

The two, acceptance and gratitude, are linked. You may accuse me of confusing acceptance with receiving because in this context I am talking about the capacity to accept a gift, whether it is a natural talent, skin color, gender, a compliment or a present. I believe that how we react to the gifts we’ve been given (and we have all been given gifts) is an indicator of our own mental health. I’m calling it acceptance but I understand if you prefer the word receiving.

When I was young, I was terrible at receiving compliments and gifts. I was content with my natural condition. I didn’t give it a lot of thought. But at some point in my childhood, I got the idea that I was not worthy of compliments or gifts and so my reaction to receiving either was a mixture of extreme discomfort and shame. I knew what was socially acceptable when receiving a present but I was clueless about compliments. And acting socially adept is not the same thing as being so. I might once in a blue moon say thanks if somebody gave me a compliment, but usually I dismissed their consideration by denigrating myself or saying things like, “Ah, it was really nothing. Anyone could have done that.”

That’s what “good” people do. Heroes always give the “Aw shucks” line and people are even more enamored of them afterward, right? So that’s what I did. And I am not saying it’s wrong for heroes to respond that way. I’m saying that in my own life, my motivation for responding that way was not heroic. Not even a little bit. In fact I’m kind of embarrassed about it because I spent a bunch of time insulting people who were trying to give me a gift. I didn’t truly accept the gift.

Now I didn’t overtly insult a person when they gave me a compliment. But by failing to accept the compliment, I was covertly insulting them. In my secret mind I was thinking, “That person must be stupid anyway to give me a compliment. He doesn’t even know what a fraud I am.” I suspect that many times people were put off by such dismissal. I occasionally saw a bit of hurt in their faces though I didn’t recognize it until I remembered a few instances where it was obvious I hadn’t handled a compliment well.

I suppose it’s fitting that I didn’t learn the true meaning of acceptance and gratitude until I was given a prison sentence. And before I could accept this sentence, I had to deal with all of my past guilt and shame. This was not something I could shrug off like an unwelcome compliment. This was like a tumor or a boil or some other gift that doesn’t just go away when you dismiss it out of hand. It was here to stay for as long as the State mandated. Whether I completely accepted or not, it was reality.

Eventually I figured I had to surrender to the circumstance and accept the situation. I was responsible for the choices I made which brought me here. So, how was I going to accept it and not become bitter? I didn’t know. I did realize that I needed some sort of silver lining to cling to, and one of the positive things about being in prison is time. I might be out of the world, but now I had a lot of time. How was I going to use it? Well I spent a lot of time looking at myself. I found a lot I didn’t like because that was easier to do. It goes hand in hand with not being very good at accepting gifts. It was really easy for me to see the “bad” things in myself and think of ways to improve, but the things I was good at, I tended to dismiss. It goes back to that childhood belief that I deserved no praise.

Something useful came from this self-examination. I stopped being ashamed of my flaws. I guess the novelty wore off. I used to generalize about myself rather than pay close attention and therefore I told myself I was a good person. Then, when I took a closer look at specific behavior I was shocked. But the more I stared the more objective I became about the flaws I found.

I used the time I had also to study the Bible. I read that it was OK to be flawed, and it was also possible to change. Everything. On top of that, the Good Book taught that God wanted that change for me. As a gift.

I offer no apologies to atheists and practitioners of other religions here because I do not offer offense in the first place. People have learned self-examination and change without a prison sentence and The Bible. I am just relating how I learned it.

So I continued to look into my self and I watched people around me. People with so little and yet so much gratitude. How could that be? Yes, there were people who believed they were owed the things they received and some things they didn’t receive. But they held no fascination for me. What I wanted to know was this: How could a sixty-seven-year-old Viet Nam veteran be so grateful for a cup of terrible freeze-dried coffee that someone had given him? How could a twenty-eight-year-old alcoholic, be so thankful for a message sent to his girl? And, why wasn’t I like that? Something was broken. How do I become like that? It seems way more satisfying than the way I had been.

One of the passages in the gospel of John really hit home but it took me a long time to realize how deep the statement was. In the third chapter of John’s gospel, John the Baptizer’s disciples and some Jews are arguing. John’s disciples point out Jesus nearby baptizing and they tell John that the people are now turning to Jesus and away from him. His response is about Jesus but he says it in a general way. So it can be interpreted both specifically about Jesus but also about us. John the baptist responds to his disciples,

“A man can receive nothing unless it has been given to him from heaven.”

John 3:27

Of course he’s talking about Jesus being the Messiah and that he has received his authority from heaven. But I was struck by the fact that he had used this generalization about one’s reception or acceptance of what he’s given. John tells his disciples that every gift we receive is “from heaven.” But there’s more to it than just receiving something. What John is saying is that we must count our gifts as sacred. And he includes everything we receive. “A man can receive nothing unless it has been given to him from heaven.” The clothes we wear, the car we drive, the food we eat, the air we breathe. We may have done some things to provide for ourselves, but where would we be at all if the universe hadn’t first been created? I am not responsible for that. Even if it all evolved from primordial soup, I had no part to play in it. My whole existence is none of my affair. My life is a gift, given to me by my parents and whoever created them. So I have no just cause to be triumphal about anything.

What I noticed in prison about people who showed genuine gratitude was that they recognized their smallness in the universe and their dependence upon something greater than themselves for their daily sustenance.

“Preposterous!” Says the so-called, self-made person. “I am the cause of all of my own success!” But you are not the cause of your own existence. Where would you be without that? And even if existence, as Ayn Rand suggests, is proof of one’s right to exist, one of the rare tenets of which I agree with Objectivism, we are not the cause of that existence.

I didn’t intend to lay out a philosophy but to give an account of my thinking and how I came to that thinking and how I began to notice that the people around me were doing acceptance and gratitude so much better than I was.

People. In. Prison. Throwaway souls.

Now, epiphanies often evolve and expand and blow one’s mind long after one thinks they’ve figured it all out. The “aha” is just the beginning. At least that’s what I’ve discovered in my own life.

For many months I talked with my family while in prison about what I’d like to do when I got out. Between phone calls, I concentrated on being truly grateful for the letters, and the money put on both my phone account and commissary account. And that took accepting myself because I knew I didn’t “deserve” it. No amount of “specialness” I could contrive would provide worth. I spread some of these gifts around. The gratitude I received was often a perfect example of how I could improve myself.

But it really hit me after I was released. I arrived at home and had a room furnished with every comfort. I had clothes. I had cheese. More cheese than I thought plausible. I had pined away so often, lamenting the lack of cheese in prison, that there was a refrigerator full of it awaiting my arrival. The night I arrived home we had mostly cheese for our late supper. And something else kicked me in the gut.

I often talked about simply being outside and pulling some weeds in a garden. At the top of a small box filled with various toiletries and treats were two pairs of coated cloth gloves designed for garden work. My mother made sure they were included along with many things she, my sister and friends had provided in welcome. Such a minor thing in the grand scheme but it was the result of genuine listening, and genuine wishing. How many times have I told people I want ‘X’ when I really wanted ‘Y?’ Of course I’d be disappointed in ‘X.’ Sometimes I wonder if I didn’t ask for what I didn’t want so I wouldn’t have to be thankful for it were I to receive it.

I have already worn holes in one pair of gloves and the other is coated in dirt. I find myself in awe of the care which motivated my mother to purchase them. We are a couple of weeks past Mother’s day and I especially am thankful for the mothers in my life, real and adopted. I don’t deserve you but I sure am happy for the gift of you.

I know I have often hung myself up on the idea of what I deserve. I’m not sure it is a useful concept. Self-worth, even if you have a good healthy sense of it does not entitle you to anything. In fact, I suspect that acceptance and gratitude might be best practiced while believing we deserve nothing and that what we get is icing.

And that is the essence of what I’ve observed in the art of gratitude in those who I’ve admired doing it well. The people who practice gratitude as an art, never treat a gift as if it was owed and they always accept the gifts they’ve been given with joy.

Let me know what you think…

PTSD, ADHD, Or Normal Homecoming Jitters?

The day I walked out of The Walls unit in Texas was both terrible and wonderful. Having been locked up for six years and having hoped daily to return to a normal existence, I was visited by every doubt imaginable every hour of that day. Even as I left the door of the prison, belongings in hand, anxieties and fears whirled about my person. Though I had spent much of my time in prison practicing acceptance of life’s ups and downs, this particular day held too many opportunities for doubts to attack. And attack they did. I was influenced by every whisper.

It’s hard to tell whether or not prison employees know what goes through the minds of the inmates they’re releasing. Some must be tweaking people on purpose. I don’t like to assume the worst about people but it can be hard to avoid. Yet there are also remarkable humans who deserve praise. This day there was one man who seemed to understand how fragile the inmates felt. He was a long time employee highly experienced in the release process, a professional and a gentleman. I’ll call him Mr. Frank.

Mr. Frank did his best to make our last day in prison less stressful than our first day. He was gregarious, had an outrageous sense of humor and encouraged the group, telling us that with patience and respect we’d make it through the process as free men. “Men, I don’t care what you did to get here. You’ve done your time and you’re about to go home. I don’t ever want to see you again,” he said with his deep, fatherly voice. Yet, his efforts likely would never have calmed those of us who were first timers. Veterans who had experienced the release process before tried to supply their own wisdom, but it did little good. See, it is impossible, no matter how strong your character is, to put the possibility out of your mind that someone has made a mistake and you’ve been wrongly chosen to travel with those who are really going home.

I am speaking for myself but I did not talk to a single person of the forty or so who were walking out the door that day who didn’t share more or less the same uncertainty I felt. I admit that my skepticism was not rational. I had just completed a nine-month program mandated by parole. I had a certificate of completion which should have given me a great deal of confidence. The parole board had voted that I be paroled. Here I was, on the very day that I had been assigned to leave, waiting to sign my parole certificate and walk free. Yet, these facts did not provide comfort. Other inmates completed the same program and had languished for months waiting for beds in halfway houses to become available or for their addresses to be approved only to be shipped off to other units and delayed once more.

“But I’m here,” I kept telling myself. “We’re about to get our clothes. See! There’s a guy over there receiving his ankle monitor! If there were some mistake, I would already have been called back. Wouldn’t I?”

“They still have time,” my doubting self replied.

I can’t blame TDCJ for my anxieties but I can say that they do not make it easier on inmates and the doubts began as I waited for a release date weeks earlier. The release date is an inmate’s holy grail. A common claim is that once you have a date, you’re within two weeks of release, unless its more than two weeks. Yet a date makes the release concrete. Theoretically.

To make matters worse, in order to find out whether or not you have a sacred release date, you must either send a request to your unit’s parole office, have family check the Texas Department of Criminal Justice website or, if you do not have family backing you, ask a friend to have their family check for you. TDCJ plays the belligerent by refusing to notify inmates internally that they have been assigned a release date. I’ve often wondered why. There would be so much more confidence in the official nature of your release date if it arrived by mail written on TDCJ letterhead. It’s as if they have forgotten that their charges do not have internet access. “Hey, we posted it on the website,” I imagine the bureaucrat at headquarters saying. “What more do these ingrates want?” So much stress and anxiety could be minimized if only they were transparent. But then that applies to many of the things they do.

Maybe TDCJ wants to reserve the right to call it all off, to change their minds. Even when your date is published on the website, the caveat “subject to change” appears next to it. My family was as nervous as I was about the date changing but it was more on account of my own fragile condition I think rather than their own doubts getting the better of them. My jaundiced attitude toward TDCJ’s sincerity was long known to them.

And on the day of, everything conspired against my reason, using the past as a weapon.

For the prior couple of weeks I had to wait at the Goree unit. I had a celly named Tom for all but one of those days and we were a likely pair, sharing, disputing and worrying about the same things and making light of things we were actually seriously concerned about but not brave enough to admit. Tom was discharging a few days after me. My date was Friday the 10th, his was the following Monday the 13th. We both had to undergo similar administrative processes; fingerprinting, Dynamic Risk Assessment, and final blood work. You would probably assume that this made me confident in my certainty of release. After all, I did the DRA, was fingerprinted, and even had conversations with guards I knew from my year long stay on the unit about my homeward status. But I was barely credulous. TDCJ is ruthless.

I knew of the prison authority’s meanness first hand. But Tom, my celly, had just come from the Estelle unit.

The first night Tom arrived we broke the ice and got to talking about our experiences. This is common whenever one gets a new celly no matter what the situation. The topics of conversations are always the same: first, feel each other out about the cell “rules,” then, share news that you’ve heard, then tell each other about the units you’ve been on. Rarely, if ever, do you discuss the reason why you’re in Prison. It just isn’t polite. “That aint yo’ bidness dawg.”

On the second day, Tom was telling me about his job as an SSI (janitor) on the Estelle unit. He was assigned to the area where death row inmates were cared for.

“I saw and heard and smelled things that I didn’t want to see and hear and smell,” he said after we had come back from last chow.

“What do you mean?” I asked and he told me about a death row inmate they had brought in named Bill Gates.

“Billy had been brought in because he had diabetic gangrene in his toes. They cut off his toes. He didn’t heal and the gangrene spread so they cut off his feet. Then they cut his legs off below knees. Then it spread again and they cut them off above the knees. Pretty soon his penis hung farther down than the ends of his legs.

“It was the way he would plead. I never heard a man so mournful. ‘Oh, God, PLEASE, don’t move me,’ he would beg. I could have gone my entire life happy without hearing that. The nurses needed my help to turn him over. Don’t get me wrong, I wasn’t squeamish and I was glad to help. But it hurt to listen to his cries. But they had to, you know? It was sick. They were keeping him alive so that they could inject him when his time came up.”

Would TDCJ have any qualms about revoking my parole and keeping me longer? I think not.

In fact, I had seen it happen more than once. Guys I knew had been granted a short way release, transported to The Walls and at the very last moment their release was revoked and they were sent back to their unit without any word of explanation other than, “your short way was revoked.”

So it was on my last day, having been shipped to The Walls the day before my release date, that I was in a state of suspended belief. The atmosphere of The Walls does not lend itself to optimism either. The transit area where I was housed is underground and many inmates call it “The Dungeon.” The moniker is not undeserved. The transit cells are dark, claustrophobic and ancient. Thus I was only slightly less nervous when at 4:00 AM on the 10th, my alleged release date, that an officer woke me up and told me, “Get your property packed up. You’re going out to the slab when we roll the doors.”

As relieved as I was that I finally had official confirmation of my status, uneasiness grew from many seeds. We were herded from our cells to a large concrete area in The Dungeon and made to wait five hours before an official arrived with a clipboard containing the names of parolees and discharges.

As if I were the butt of a cosmic joke, I was not called as part of the first roll. These were only those who had just arrived from the Holliday unit that morning. To make matters worse, a rumor was spreading that due to the previous night’s storms and flooding, all chain buses had been directed to take part in the evacuation of southern prison units which were deluged. And that wasn’t all. They might be canceling today’s release activities.

Some of those who were being discharged – as in the completion of their entire sentence – were outraged. “They can’t keep me here. I’m discharging today. They’ll have to pay me,” said a Hispanic man to my left. I recognized him from my bus ride here. The tattoos on his face seemed animated as he spat out the words.

To make matters even more obtuse, one of the officers who was assigned to handle our group let us know just how precarious our situation was. “Boy, you guys are lucky. If I hadn’t called in this morning you might have had to wait til Monday. I had to come in to get the release list. You would have been left here all day, ” he said, and he laughed the sort of laugh only a discontented government employee could laugh.

He was trolling for something. Maybe an argument. Maybe a compliment. All I knew was that his statement enforced the idea in my mind that TDCJ could easily have made a mistake in my case. At this moment, I seemed to relive every past feeling of not belonging and the conclusion I drew was that I couldn’t now possibly belong among those finally exiting prison. And this in spite of the fact that I was standing here with a lot of other inmates waiting to leave.

Finally I was called, paired up with another inmate and told to wait until everyone on the list was accounted for. Some were not. Turns out that malfunctioning doors had kept some of our number locked in cells. The entire five hour wait was peppered with outraged screams from one of those who was stuck. The cavernous Dungeon swallowed up the words so they couldn’t be recognized. Thank goodness I didn’t understand what he was complaining about.

Another three excruciating hours waiting in the prison’s visiting area, each of us had to sign papers, stare into a retina scanner and put on clothes that were rejects in the seventies when they were first put on retail racks. I am called last to conference with the reentry lady about my destination. Last! I am going to get on a plane and fly out of state within hours of walking out the door. I am certain that she is going to wrinkle her nose and let me know that such won’t be tolerated, that I have to accept a bus pass and take Greyhound to Oregon where I am headed. But no. She acts as if parolees fly out of state all the time. Is it a trick?

And then I am signing my parole certificate. On it is listed my conditions of parole. The reentry lady reads them and then says, “You’ve got somebody waiting outside to take you to the airport.”

Though I knew I had a ride, I was surprised. “How did you know that?” I asked. “I talked to them on my way in,” she replied in a knowing and self-satisfied way. Huh. Maybe this is going to really happen, I thought to myself.

They then led us out the doors. I am dressed like a pimp, carrying my worldly belongings in a red bag which is normally used to hold twenty pounds of onions. On my feet are the canvas shoes issued by TDCJ which we all call “Jackie Chans.” The morning is cool, the sky partly cloudy with deep blue peeking through the patches. In spite of the rain, the humidity is not stifling. I should be in awe rather than looking around for the guy who is about to shatter my world.

“Sir, I’m afraid there’s been a terrible mistake. Whoever thought YOU should be walking around free has already been fired. Come with me.”

But it didn’t happen that way. I must have looked like a lost kid at the airport. I stared at the prison’s walls from the outside as if I’d never seen a prison before. A family to my right, about twelve Hispanics of all different ages, erupt into shouts of joy and welcome toward somebody walking behind me. At first I think the elderly woman with tears in her eyes is looking at me but then realize the truth. Part of me wants to see who the inmate is. Do I know him? The other part of me, the one running from that man who’s trying to put me back on the other side of those looming walls urges me to move on; to find my own ride so I can be reunited with my own family. I’m suddenly a prison escapee. I have to move. I’ve got to get on with this before I’m caught.

After a bit of confused wandering I meet my ride. He’s someone my family arranged to pick me up and we don’t know each other. He opens his brand new bad ass four door truck and shows me the things he’s brought: modern clothes, some of which he’s bought and some of which he’s raided from his son’s closet, a carry on bag with wheels, and two pairs of his sons shoes, size eleven. Of these, one pair is expensive looking flip flops. The other bright red Nike Air Jordan’s. Neither fit. I am so eager to shed my prison persona that I change clothes right there on the sidewalk. I put on a pair of classy shorts and a t-shirt and over the t-shirt a tasteful plaid button down. It was only forty minutes prior to this that I was wearing prison whites. My new friend is comically taken aback at my eagerness but raises no objections. I am stuck with wearing my Jackie Chans. This will cause me more anxiety later.

Jay, the friend, hands me my very own Samsung Galaxy. It is already full of joyful texts from my friends who have been leaving well-wishes for several weeks. “Oh, I need to take a picture,” Jay says. Later I will discover that my sister needed confirmation as badly as I did. Jay had been instructed to get a picture immediately as proof of life. I finish transferring my things into the carry on, and embark. Jay steps on the gas and makes haste our escape. It seems preposterous but, to be polite I talk to Jay and his friend and only text my family. I guess I didn’t want Jay and his friend to think I was ignoring them. I thought it would be rude to jump in the back and immediately start talking to somebody else on the phone. Another part of me shouts in a loud voice which I hope only I can hear, “You’re doing this all wrong! You’ve been out of prison for fifteen minutes and you’ve managed to alienate your family and prove to a person you’ve never met that you’re some sort of alien zombie type. Get it together man!”

I am mesmerized by the view out of the backseat window. I marvel. On a prison bus the windows are covered with perforated steel plate. You only get a hint of what is outside the window. But wow! Texas seems beautiful along this stretch of I-45. One would never know the dark side of its justice system by looking at the landscape.

Within forty-five minutes, we arrive at the airport. Jay tells me he can only drop me at the curb. I tell him what a callous jerk he has been. No, that’s not true. I thank him as if he were the Dalai Lama and I were an acolyte. I am touched beyond words at his act of kindness.

Suddenly I am alone and I have to remember what its like to travel without shackles and with no particular place to be or order to follow other than “be at the gate before boarding.” It takes me around thirty minutes to figure out that I am allowed to take my carry on bag without paying extra. Before I was locked up this would have taken five minutes tops. But I can’t concentrate. Each time I think I’ve got myself into the correct line, I find a reason why I’m mistaken and I go back to carefully read a sign that any eight year old could understand. Once I’ve sorted the luggage rules out, I find the TSA line. I realize that all of these people are in prison too. Just put white clothes on them and we could be in any work detail. I am about to consent to a strip search when the TSA lady screams at me to take off my shoes.

Shoes. Oh crap. I am wearing standard issue TDCJ Jackie Chans. If you’ve never seen these they’re just a Van’s knock off in black canvas. But the only people who wear them are felons. As I remove them I nervously look around, certain that everyone near me is now aware I am fresh out of prison. One nice looking older woman smiles at me. The rest of the travelers are staring at their cell phones. Now I am laughing like an idiot. These people neither know nor care that I’m a dangerous felon, according to the State of Texas.

undefinedMy first meal is in a lounge near my gate. I order a cheeseburger and pay for it with a gift card my family shipped to Jay.

My next purchase is a giant drip coffee from the Starbucks next door. Heaven. I have had freeze dried coffee for the past six years and forgot what real coffee tastes like. By now I’ve talked to my family, texted a bunch of my friends and still I feel like the other Jackie Chan is going to drop.

I can’t concentrate. I said that already but the overwhelming nature of such immediate freedom after so long being locked up has me acting like I suffer from a severe case of ADHD. I know that some of this is a natural reaction to the circumstance. Yet I am sure that I had some sort of strategy for this in the past. I was already a bit skitzoid but I masked it. How? Oh, I remember. I smoked. Staying quit is going to be a chore I realize because right now a cigarette would be amazing. It would calm me. It would also instantly hook me. I abstain. No relapses for me.

I am awed by the terminal. A lot has changed in just six years. The Zombie Apocalypse has arrived and the undead stare with cold eyes at their devices as they walk to catch their flights (or eat the brains of the living?) and every table has a power outlet to charge up handheld devices and laptops. Instead of banning guns, I wonder how many lives might be saved by banning handheld devices in public places. No wonder so many people succumb. They never knew to duck. They didn’t notice the dude in the cammo holding the AR-15.

Within six hours, I am home with my family, my fears all proving naught. We were all dazed and at a loss for the “appropriate” reaction. My concentration, even after two weeks home, is still diminished. I am amazed I was able to sit long enough to put the account into readable sentences. I must be making some progress but I often wonder how long it will take to come to normalcy and how other escapees, especially those who are being released after several decades behind bars may have felt on their first days out.

I hope everyone leaving prison is cared for like I was. I hope you might lend somebody a hand who is on their way out. They need all the assistance they can get.

A.T.

Texas’ Schizophrenic Special Parole Condition ‘N’

I recently was released on parole from Texas after completing a nine month sex offender treatment program. Having applied to another state through the interstate compact, I was granted permission to enter that state to finish out the remainder of my sentence under mandatory supervision. That day was the fourth most anticipated day of my entire life (beaten out only by the birthdays of my three children). It was both nerve wracking and fantastic.

One of the day’s events has caused me a great deal of consternation, fear and confusion.

I have to bore you with some background and details. Bear with me.

Texas parolees, on the day they are released from prison, are given clothes, some money, bus  vouchers and a parole certificate. This certificate is the parolee’s holy writ if he wants to remain free.  It includes a list of parole conditions by which he is required to abide. They are separated into two categories: Statutorily Mandated Conditions and Special Conditions.


The statutorily mandated conditions are what you would expect. Random drug and alcohol testing, payment of various fees, no contact with victim(s) etc.

There are a list of special conditions (A-O) which can be tacked on to a parole certificate, some of which are mirrors of the statutory conditions but applied in special cases. For instance, Sex Offender Registration is one of the special conditions. They are all generally straightforward or so it would seem.

Just prior to walking out the door, an employee of the Parole department reads over the conditions as stated on their parole certificate. Now, the re-entry official who read mine was in a hurry and was barely more explanatory than “etcetera, etcetera” when she came to the part about internet access.

She explained was that I was barred from accessing or posting obscenity on the internet. Was I ever relieved. I am a software developer and internet access is important to me. The fact that I might be able to access Facebook and re-connect with the friends who supported me while I was locked up brought me a great sense of relief. As humiliating as my experience has been, I thought that I might be able to salvage some comfort through my network of friends.

My parole certificate included as one of its stipulations “special condition N”. On the parole certificate, special conditions are preceded by their alphabetical designation as listed in the Texas Department of Criminal Justice Parole Division Policy handbook(pdf)

Condition                                                   Statute
N Prohibitions on Internet Access for Certain Sex Offenders Gov.Code 508.1861

The stipulation must have a corresponding statute before it can be applied. It is the statute that defines how and when it is applied to an individual parolee. Special condition N is defined in 508.1861 and here’s how it looks on my parole certificate.

Special Conditions:

I shall not use the internet to access material that is obscene as 
defined by Section 43.21, Penal Code; nor access a commercial social 
networking site, as defined by Article 62.0061 1(f), Code of 
Criminal Procedure; nor shall I communicate with any individual 
concerning sexual relations with an individual who is younger 
than 17 years of age, nor shall I communicate with another individual 
that the offender knows is younger than 17 years of age. I shall submit 
to regular inspection or monitoring of each electronic device I 
may use to access the internet.

I was just as careless in reading this as the reentry lady was in explaining it. It was only later that I discovered, through an embarrassing exchange with my parole officer, that he understood this stipulation to be a total ban on commercial social media sites. When I realized my mistake I was crestfallen to say the least.  I wanted my stipulations to be lax because I longed (for the past six years) to return to some level of normalcy in my life. Then I started contemplating the absurdity of the situation as you might expect. I accepted my conditions, even as they seemed to be tightening. I was resigned to obey, but still a part of me thought that this wasn’t fair.

I began to get critical of the wording. For instance, why in the world does it use the words “commercial social networking site?” As opposed to what? A non-profit social networking site? Is there even such a thing? Looking at the actual law, I found it to be incredibly vague under the circumstances. I mean, is a blog considered a commercial social networking site? Look at the definition as referenced. Does this seem clear or vague to you?

f) In this article, "commercial social networking site" 

 (1) means an Internet website that:

     (A) allows users, through the creation of Internet web 
         pages or profiles or other similar means, to provide 
         personal information to the public or other users of 
         the Internet website;
     (B) offers a mechanism for communication with other 
          users of the Internet website; and
     (C) has the primary purpose of facilitating online
         social interactions; and,

 (2) does not include an Internet service provider, unless 
     the Internet service provider separately operates and 
     directly derives revenue from an Internet website 
     described by Subdivision (1).
  

After reading the law, I began to consider a formal, polite grievance of my situation. Even if I had been truly guilty of the crime for which I was convicted, it had nothing whatsoever to do with the internet. The condition is pre-emptive and it denies me convenient means to reconnect with my friends and acquaintances after so long an absence. I can reach out to people through email, but there are problems with this approach. I’m not endowed with a photographic memory and people move and change email addresses and phone numbers. Facebook and Twitter and other commercial networking sites are a terrific resource for finding old friends.

And in my research I discovered a very strange inconsistency between what the Parole division was teaching its employees and what the law which guides them in their duties says.

This is what the TDCJ Parole Policy handbook says about when an offender should have special condition N added to their parole certificate:

  1. Prohibitions on Internet Access for Certain Sex Offenders (Special Condition N)— This condition shall be imposed when the offender is required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure by court order or otherwise, and is serving a sentence for any in the following three (3) categories (emphasis added):
    1. Texas Penal Code offenses:
      • 21.11 Indecency with a Child  
      • 22.011(a)(2) Sexual Assault of a Child
      • 22.021(a)(1)(B) Aggravated Sexual Assault of a Child  
      • 33.021 Online Solicitation of a Minor
      • 43.25 Sexual Performance by a Child
    2. The Internet or any other type of electronic device is used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62 of the Texas Code of Criminal Procedure; or
    3. The offender is assigned a numeric risk level of two (moderate) or three (high) based on a STATIC 99R assessment conducted under Article 62.007 (Risk Assessment Review Committee; Sex Offender Screening Tool) of the Texas Code of Criminal Procedure.
      1. The PS I’s shall review the Case Summary, Offense Report, Judgment and Sentence, and STATIC 99R to determine whether the offender meets the criteria for the Prohibitions on Internet Access special condition.
      2. If it is determined that the special condition is warranted, the PS I’s shall enter the appropriate special condition when the certificate is issued.

Now if we take the parole board’s policy at face value and assume it is truly representing the intent of the law, we have to conclude that if a parolee meets any of the three listed requirements, the parole employee who prepares certificates needs only find one of these three conditions to be true to add the special condition to the parole certificate.

Yet the law is not worded that way. here’s what Title 4, Subtitle G, Chapter 508, Section 1861 actually says:

Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) his section applies only to a person who, on release, will be required to register as a sex offender under Chapter 62, Code of Criminal Procedure, by court order or otherwise, and (emphasis added)

  1. is serving a sentence for an offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal Code;
  2. used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62, Code of Criminal Procedure; or
  3. is assigned a numeric risk level of two or three based on an assessment conducted under Article 62.007, Code of Criminal Procedure.

Under this construction, a parolee can only be given special condition N if he meets all three requirements. He has to be convicted of one of the criminal statutes listed required to register as a sex offender and be serving a sentence for one of the listed offenses, have used the internet to facilitate his crime, and have a risk level of two or three.

Personally, I do not fall into either of the latter two categories. But because of the way the Parole Policy handbook is written, I fall under the category of any of those three. I must, according to the wording of the condition, stay away from commercial social networking sites. Now it gets even stranger. The Board of Pardons and Parole which I assume was responsible for writing the policy handbook referenced above, wrote this information about what sorts of things can be disputed or challenged in the way of special conditions including special condition N:

  1. Unless otherwise directed, Special Condition “N” becomes effective on the date of the parole panel decision.
  2. An offender is not in violation of this policy if:
    1. the offender is accessing commercial social networking websites for lawful speech protected by the First Amendment, or
    2. the parole panel modifies the condition per Section IV.B. below. (emphasis added)

So, in effect, I have been hoodwinked by the schizophrenia of TDCJ’s inconsistent interpretation and application of the law. The Board of Pardons at the highest administrative levels recognizes that its parolees have the right to access commercial social networking sites in a lawful manner as is their right, enumerated in the First Amendment. Yet they appear to be training their employees to erroneously add restrictions on our rights contrary to the very law which they cite as the authority for doing so.

As a result of my research I plan on showing the Parole and Pardons document to my parole officer. If he still insists on restricting my access to Facebook and other sites, then I’ll go through the formal protest procedure for removing restrictions. Either way, I’ll  be back on social media sooner rather than later.

The Journey Begins

Good company in a journey makes the way seem shorter. — Izaak Walton

Most likely if you’re stopping by, you are a friend and want to catch up on happenings because I’ve dropped off social media.  Don’t let the moniker scare you away. If you don’t know me and found this spot through serendipitous means, I have been recently released from a Texas prison, confined there for a crime I did not commit, though I did succumb to pressure to sign a plea agreement.  In other words I am considered guilty under the law.

Throughout my ordeal, my friends and family constantly encouraged and supported me. I plan to tell the story of this on these pages. I hope you find it interesting enough that you involve yourself in helping out the incarcerated in some way, either by supporting one of the many organizations which tackle various aspects of the Mass Incarceration problem, or by finding an inmate and visiting or writing an encouraging letter.  It probably will alter your life in ways you never expected.