Prison Journal: Day 8,200
January 21, 2010
My case manager, Ms. Oliver, paged me to her office this morning. I had requested an updated sentence computation sheet. Prisoners may request this form at any time and since the law under which I was sentenced offers different types of credit for good time, I request an updated sentence computation sheet at the beginning of each year. From the sentence computation sheet that I received, I can estimate when I will become eligible for release by the parole board.
It’s unfortunate, but few prisoners in the federal prison system have parole eligibility. Congress passed laws in the 1980s that required federal prisoners to serve the majority of their time inside prison boundaries. When parole was available, prisoners served one third of their sentences in prison, they could earn credit for as much as one third of their sentences through good behavior, and they could serve one third of their sentences in the community under the supervision of a parole officer.
A portion of my sentence is parole eligible, but I have a dispute with the Bureau of Prisons as to when the parole board can release me. The sentence computation I received today will help me make my argument. It shows that the BOP has credited my sentence with a total of 1,373 days of Extra Good Time (EGT) and another 5,400 days of Statutory Good Time (SGT). As of today, I can add those two types of good time for a total of 6,773 days of good time credit that I’ve received.
In addition to the good time credits, I have served 8,200 days as a federal prisoner. That means I have a total credit toward the completion of my sentence of 14,973 days. It is my contention, based on established laws, that the parole board can consider me for release after I serve 15,706 days. With the good time credits that I will continue to receive, and the calendar days that I must serve, I estimate that I will become eligible for release on parole in November of 2011. This is the dispute I must resolve because the BOP holds that I’m not eligible for parole consideration until April of 2013.
I wrote a lengthy letter that explains my argument today, and I sent copies of the letter to attorneys who have taken an interest in my case. Once I hear back from them on the merits of my argument, I will decide how to proceed. This effort of arguing for liberty can take several months. It’s exhausting but something I must resolve this year.
I ran only four miles this morning because I felt nauseous.
[Consecutive running log: 3,590 miles over the past 405 consecutive days]
Thursday, 21 January 2010
Quarterly News Update
January 21, 2010
Read my 2009 Fourth Quarter Report here:
http://prisonnewsblog.com/2010/01/fourth-quarter-report-2009/
Prison Journal: Day 8,199
January 20, 2010
Every time I talk to a new prisoner who arrives at Taft Camp, I become more convinced of the value my friend, Justin Paperny offers as a prison consultant. Today I spoke with Rick, a businessman from Los Angeles, who arrived in Taft to begin serving a 27-month sentence for tax evasion. Rick’s struggle was much more difficult as a consequence of the inaccurate information he received before surrendering to prison.
Rick’s attorney did not advise him on the pre-sentence investigation. After Rick had paid his attorney to represent him through trial, the attorney switched to tactics and advised Rick to plead guilty. Rick agreed, but despite the strategy shift that would require fewer man hours by the attorney, Rick did not receive a refund from the exorbitant fee he paid. Worse yet, after the guilty plea, the attorney ceased to counsel Rick through the remainder of the criminal justice process. Without guidance, Rick fumbled through his meeting with the probation officer who prepared the pre-sentence investigation report. Rick did not know that he had a right to review the PSI report prior to his sentence. After his sentence, the attorney said, “You’ll be fine,” to Rick but he could not respond to Rick with any answers about life in prison.
When the day came for Rick to report to prison, his attorney told him to surrender to the U.S. Marshal’s office in Los Angeles. That wretched advice resulted in Rick being locked inside the Metropolitan Detention Center in Los Angeles, then in a holding facility at the Victorville prison, before marshals arranged for Rick to be transported in chains to the minimum-security camp in Taft.
Through MichaelSantos.net, my wife Carole makes numerous articles available to guide people as they confront problems with the criminal justice system. The articles do not offer legal advice; they describe what I’ve learned as a long-term prisoner, and they describe the experiences of others. People like Rick who are new to the criminal justice system could save themselves a lot of grief by reading more about the jaws of justice that are about to grip them. Even better, they should talk with Justin Paperny, as he can tell them the steps he took to navigate his way through the system successfully. Had Rick called Justin, he would have saved himself tens of thousands of dollars, and loads of paralyzing anxiety.
This morning I ran 10 miles, but an 8:00 appointment with the TOAD outreach group precluded my strength training.
[Consecutive running log: 3,586 miles over the past 404 days]
Wednesday, 20 January 2010
Prison Journal: Day 8,198
January 19, 2010
I’m fortunate to have subscriptions to three magazines (Time, Newsweek, and my favorite, The New Yorker). Since I rarely watch television, these magazines keep me current on what’s going on in the world. I need that perspective because prison boundaries isolate me from the national dialogue, and keeping up with current events is part of my preparation for release and of my continuing education. Today, I received my three weeklies at mail call, and I read an article in The New Yorker that educated me on California Proposition 8.
Proposition 8 concerns legislation that voters passed in 2008. It prohibits gay couples from marrying, and in so doing, discriminates against them. Because they cannot marry, gay couples cannot enjoy many benefits that married people take for granted. The prohibition against marriage hurts gay people financially, but perhaps even more substantially, it hurts them emotionally and psychologically.
Two powerful lawyers, Ted Olson and David Boles, have sued to overturn Proposition 8, and I hope they succeed. As a prisoner, I’ve become much more tolerant of other people’s choices and rights, and much less tolerant of discrimination and prejudice. If two people love each other, neither the government nor other citizens should interfere with their choice to marry.
As I read the informative article on Proposition 8, I was struck by what I considered a blatant hypocrisy of the conservatives who oppose gay rights. Conservatives like to trumpet their commitment to small government, individual liberties, and freedom. Yet they cling to this notion that the government should interfere in this most personal matter of love and marriage. I don’t see how two people’s choice to marry, regardless of their gender, has anything to do with the government or with any other citizen.
This lawsuit has advanced to a trial in a California courtroom, and experts anticipate that litigation will continue to the Supreme Court. A couple of years may pass before it’s resolved, but in the end, I’m hopeful that five justices will rule that people have the right to choose spouses without government interference.
I’m glad that my magazine subscriptions inform me on these decisions that influence the advancement of our society. Without them, I’d live as a prisoner in mind as well as body.
This morning I ran 10 miles and I followed the run with 400 pushups.
[Consecutive running log: 3,576 miles in 403 days]
[Pushups in 2010: 6,200]
Tuesday, 19 January 2010
Prison Journal: Day 8,197
January 18, 2010
Today is a federal holiday that celebrates the birth of Martin Luther King. As a child I always welcomed this holiday. We used to celebrate on the day of Dr. King’s birth, January 15th. Since I share a birthday with him, and it was a federal holiday, I never had to attend school on my birthday. Now I identify with Martin Luther King for other reasons.
Certainly, I know the story of Martin Luther King’s efforts to bring equality and justice to all people. Ever since my prison term began, I have identified with people like Dr. King. They were people whose lives were mired in struggle, but who worked tirelessly to overcome challenges and advance society. No one was more effective than martin Luther King in convincing American citizens and leaders on the need for equal rights.
Like leaders from the beginning of civilization, Dr. King used language as his primary weapon to triumph over injustice. He advocated non-violence, recognizing that people could overcome all. I have read several of Dr. King’s speeches numerous times, and with every reading, I’m inspired by his eloquence, by the force of his words. I enjoy reading the work of black authors who write about the need for reform, just as I enjoy reading about other disenfranchised people who write about their experiences. Over the course of my imprisonment I’ve learned by reading from the work of Jewish people who were persecuted in the Holocaust; I’ve learned from reading the work of black people, Native Americans, Hispanic people, and of course, prisoners.
Prisoners are of a different class because frequently, they serve sentences because of crimes they committed rather than simply because of their race, ethnicity, or religion. I have been a prisoner for nearly 23 years, and I know that I serve this sentence because I sold cocaine. What I learn from reading about how others faced struggle in that I can confront my sentence with dignity, and that I can work to improve my language skills in order to persuade more people that we need reforms in our society. It is a challenge that I embrace, and one that I continue to work at overcoming by becoming a better communicator.
This morning I ran 10 miles and followed the run with 400 pushups. My running tally is now 3,566 miles over the past 402 consecutive days. I’ve done 5,800 pushups in 2010. Later in the day I finished reading Narrative of the Life of Frederick Douglas, an American Slave Written by Himself, another powerful black voice who triumphed over adversity.
Monday, 18 January 2010
Prison Journal: Day 8,196
January 17, 2010
I spent the early morning working on the foundation documents that I began writing yesterday. At six I went outside to exercise, and after I returned it became clear that I wouldn’t spend much time writing. The weekends can be difficult to find quiet space—others use the table where I work to play cards and table games. I used the time to watch back-to-back episodes of reality television shows on the National Geographic Network that show various aspects of prison life.
As I watch prison shows, I feel as if I’m doing market research. Millions of people watch these shows that depict society inside prison boundaries, and I suspect the reality television programming influences the thoughts people have about prison—these shows dramatize the hopelessness of life inside prison boundaries, and they emphasize the struggle of maintaining order. What they lack, I think, is a clear picture of how prisons fail to prepare individuals for law-abiding lives upon release. Prisons condition many for continuing cycles of failure. Through my work now, and upon my release, I intend to contribute to reforms that improve this system, and reality television may be a tool I use.
Obviously I cannot work on television programming while I serve my sentence. What I can do is collect more information that I will use and draw from in the future as I strive to educate citizens on the ways that we can improve America’s prison system. Instead of focusing so much attention on the need for more steel gates and concrete walls, I’d like to show that, just as we need protections against dangerous offenders, we also need to encourage those who strive to overcome the challenges of confinement so that more offenders can emerge as law abiding, contributing citizens. That is a role I am well qualified to fulfill.
People in prison need to see that with discipline and commitment to a deliberate plan they can walk out of prison with resources and support that lead to successful adjustments in society. Likewise, taxpayers, legislators, and administrators need to see the value in providing such encouragements. Reality television, together with literature I write and speeches I deliver, will help me spread this message. I look forward to my release date and to continuing this work.
This morning I ran 10 miles and followed with 400 pushups.
[Consecutive running log: 3,556 miles in 401 days]
[Pushups in 2010: 5,400]
Sunday, 17 January 2010
Prison Journal: Day 8,195
January 16, 2010
I’m spending the weekend preparing foundation documents that I hope will lead to sponsorship and support upon my release. If I serve my entire sentence (until August of 2013) I will have completed 26 years as a federal prisoner. That length of time, coupled with the growth I’ve made as a human being, may make me an effective spokesperson on the need for prison reform. All of my work between now and the day of my release will be directed toward that goal.
The foundation will apply for grants and donations that fund projects such as: creation and distribution of books and literature, sponsor teaching seminars to educate at-risk youth, reduce recidivism, and teach the importance of making values-based decisions. The documents I’m preparing outline the need for such services, describes the value it will provide, and shows how sponsoring our work serves the interests of all citizens.
The foundation I envision will fund my work as I spread the message on the need for prison reform and for programs that prepare vulnerable populations to learn strategies that will help them prepare for law-abiding, contributing lives.
This morning I ran 3 miles and followed with 200 pushups. After my run I enjoyed a wonderful visit with my lovely wife, Carole.
[Consecutive running log: 3,546 miles in 400 days]
[Pushups in 2010: 5,000]
Saturday, 16 January 2010
Prison Journal: Day 8,194
January 15, 2010
Today is my 23rd birthday as a prisoner–the same number of birthdays I celebrated in freedom. I’m 46, deep into middle age and still locked in prison for the bad decisions I made in my early 20s. It’s strange…I hardly remember those decisions anymore. I know that I played a leading role in a scheme to sell cocaine, but so much time has passed since then that I don’t have many recollections about that brief phase of my life. All of my memories, even my dreams, have some relationship to my imprisonment.
Last night I dreamed that a professor from UC Berkeley bestowed me with a Ph.D. degree. He delivered the degree in a beautiful display case and, as I was walking away from the ceremony, I wondered how I was going to carry the degree back into prison. In my dream, prison (of course) was the subject of my academic work that led to the Ph.D.
The connection to UC Berkeley, I think, came from a newspaper article about the passing of John Irwin that my wife sent. John Irwin was a criminologist who earned his undergraduate from UCLA and his doctorate in sociology from UC Berkeley. John Irwin was well known because of his work, and because prior to beginning his university studies he served five years in prison for robbery.
As I was, John Irwin was in his early 20s when he broke the law and served time in prison. After his release, he studied at UCLA and found a mentor and the two worked together to publish some articles. When John completed his education, he published two books (The Felon and Prisons in Turmoil)–both of which earned him praise. He then built his career as a professor.
I read about John Irwin very early during my imprisonment, within the first six or seven years. His work inspired me–or, I should say his life inspired me. In reading about the career he built following a prison term, I felt hope that by educating myself I, too, could lead a life of contribution someday. I wrote to John Irwin a couple of times during the course of my imprisonment but he never responded. I’m sure he received many letters, not only from prisoners, but from leading citizens.
Unlike John Irwin, I didn’t rob anyone of anything. Although I don’t have much recollection of selling cocaine, that crime led to my becoming a prisoner, and living as a prisoner led to my becoming a man. I don’t know how many more birthdays I’ll serve in prison, but with 23 behind me I know that there won’t be many more.
This morning I ran 10 miles. I have tightness, like a knot, above my right calf, but I ran through the pain slowly. I followed my run with 400 pushups.
[Consecutive running log: 3,543 miles in 399 days]
[Pushups in 2010: 4,800]
Friday, 15 January 2010
Prison Journal: Day 8,193
January 14, 2010
By working to inspire the prisoners around me, I keep my internal engine of motivation in good shape. It is important to lead by example, and as the longest serving prisoner here I always look for opportunities to mentor other prisoners. Recently I resumed participation with the Toastmasters Club in Taft Camp.
As a public speaking group, the Toastmasters provides participants with opportunities to express their thoughts in an open forum. It’s a liberating experience, and those participating can devote as much time as they want to preparing their presentations. When I was beginning my term in prison I used to look forward to Toastmasters meetings for the entire week. I would write, then practice my speech repeatedly every day in anticipation of the performance. I considered every speech I delivered as a challenge to hold the attention of my audience, to inspire men with words.
The Toastmasters group here needs an influx of passion. We have a room that can hold 70-plus participants, but the group averages only about 20 people per session. Besides the low attendance levels (and perhaps more troubling) is the reservation among the members to participate more enthusiastically. In the weeks and months to come, I hope to change that.
I recognize public speaking as a valuable tool to help people triumph over adversity. God gifted us with the ability to use our minds, and with the blessing of language to express ourselves. In prison, these gifts can atrophy if not used. By participating actively and passionately in Toastmasters, my fellow prisoners can become better communicators–and better communication skills will make them better thinkers. Today I outlined 10 speeches that I want to have ready in my mind.
This morning I ran 10 miles and followed the run with 400 pushups.
[Consecutive running log: 3,533 miles over 398 days]
[2010 Pushups: 4,400]
Thursday, 14 January 2010
Prison Journal: Day 8,192
January 13, 2010
Although I’ve been confined in Taft Camp for 31 months now, I continue to find new resources that help me learn. As I was returning to my housing unit with a book on Winston Churchill, Albert, another prisoner, invited me to sit with him and watch an educational video on critical decision making.
During the months I’ve served at Taft, I used the library to check out books, to research legal issues, and to meet with fellow prisoners. I’ve never concerned myself with the videos available, but since I admire Albert—a prisoner who graduated from UCLA and went on to a career as the mayor of a city in Southern California—I agreed to sit with him.
Albert had purchased three separate series of tapes from The Teaching Company and he generously donated the tapes to the library at Taft Camp. I’ve read about The Teaching Company over the years (it’s profiled in magazines, and it advertises in those I subscribe to). It is a company that films charismatic professors from the world’s best universities as they lecture on specific topics. Those topics come from every discipline, so a disciplined student could educate himself by watching the lectures and reading the books the professor recommends. Watching the videos simulates part of the university experience.
The video I watched with Albert discussed concepts in critical thinking. To teach, the Harvard professor used a case study of a military tragedy in Iraq where fighter pilots mistakenly shot down two Blackhawk helicopters, killing the American pilots. The question was how the fighter pilots could have made such a tragic mistake. What drove their thinking?
To answer the question, the professor walked the class through critical thinking errors. Drawing from lessons about organizational theory, psychology, and other disciplines, the professor showed why shifting policies, chain of command issues, and other confusions can lead people to draw inaccurate conclusions and how those mistakes affect our ability to make the right decisions. I enjoyed the hour I spent watching the Harvard professor make his case. When I’m free from writing projects and have time to spare, I’ll educate myself further by watching the educational videos in Taft library.
This morning I ran 10 miles. I had a Toastmaster meeting in the morning so I didn’t take time for strength training after my run.
[Consecutive running log: 3,523 miles over 397 days]
Wednesday, 13 January 2010
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