Translate

Saturday, August 30, 2008

Aug 26, 2008

Dear Sis~
I'm reading Howard Fast's historical novel, Spartacus, which is excellent. Like most people, I suppose, my familiarity with this inspiring story came from the movie of the same name, starring Kirk Douglas, which I vividly recall enjoying as a child some 40 years ago. What I did not know, until I read Fast's forward in this new edition, was the remarkable story behind the book and how Fast was forced to self-publish it after J. Edgar Hoover cowed all the mainstream publishing houses into blackballing the manuscript. This was due to Fast's previous support of some left-leaning political causes (specifically for his support of Spain's democratically elected Republican government which had been routed by Facist forces in the 1930's with the support of Hitler & Mussolini) which had already led to Fast's imprisonment in America when he refused to rat out his friends and supporters to the US House Committee on Un-American Activities. This was a dark period of our nation (the late 1940's and early 1950's) which most current Americans are sadly unaware of, when Facism was raising its ugly head throughout our government, and anyone who questioned the establishment's smear tactics was labeled as "unpatriotic" or "Un-American" or as "Socialist" or, worse yet, a "Communist".
A young Richard Nixon played his part in all of this, and J. Edgar Hoover was the muscle. It reminds me of Bush-Cheney in post-9/11 America, using fear and labels of "unpatriotic" to silence any critics of their political policies. It's an old playbook, but tried and true, and sadly it works with so many sheepish Americans who don't dare to question what the Wizard is doing behind the curtain. Anyway, to the chagrin of Hoover, Spartacus became a best-seller and then was turned onto the 1960 movie starring Kirk Douglas and Lawrence Olivier. Howard Fast noted in his forward that it was his time in Federal prison which allowed him to write Spartacus, and that he had no regrets for anything. Fast was a prolific author (more than 50 books) and playwright, and a remarkable person, a man of principle whom I would have enjoyed knowing...
It's past my bedtime, Sis, so I'm going to close this up and hit the hay.
Love, Bill

Tuesday, August 19, 2008

August 13, 2008

Dear Sis~
I was looking out my little horizontal slit of a window today, gauging the weather in anticipation of going to rec, and I began observing a gaggle of sparrows sporting around in the long, overgrown grass. A mother sparrow was hopping around followed closely (more like chased, actually) by two big, plump babies almost as large as her. That they were her children was evident by their open beaks as they begged Mom for food. She would pick up a seed from the grass, hold it up, then pop it into a baby's beak. Then, she'd hop or fly a few feet away, the kids almost knocking her down as they crowded behind her, and she'd repeat the process. The more I watched, the more evident it became that she was trying to teach them to peck and hunt the abundant grass seeds for themselves. She'd point at the seeds with her beak, then look at the chicks expectantly. Finally, one baby bird figured it out and began eating seeds on its own. The other was was a little slower; it just kept sitting there, beak agape, demanding to be fed. Anyway, watching this play out, it dawned on me why I have not had the normal flocks of sparrows mobbing my bread crumbs that I throw out everyday at rec. Usually, the sparrows flock in as soon as I call them, or they are already waiting for me. But, for the last several weeks, only a few stragglers have shown up to eat. I figured it was just too hot for them, but now I've concluded that the momma birds (maybe the dads, too) are teaching their babies to forage for their natural foods, which are abundant this time of year. It would be counter-productive to simply let them eat bread crumbs, as they'd never learn to forage for themselves. In fact, I may be doing a disservice by feeding them now if the "free food" it is making them less self-sufficient. For that reason, I'm going to stop feeding them for awhile, at least until the fall. When it gets cold and the seeds are gone, perhaps they'll need some help. But for now, I'll let Mother Nature do what She does best...
I was mildly annoyed last week with the typical media coverage. Russia was invading Georgia, which counts as a substantial news event, and I was flipping through the channels, trying to find some coverage. All of our media outlets, however, were obsessed with breathlessly covering ex-senator John Edwards' 2-year old extra-marital affair. From local news to national news on every channel, that's all that was on, not a peep about the battling in Georgia. So, I waited for Nightline...I just knew they'd be covering this event. But no, the entire program was devoted to parsing and re-parsing every single aspect of this scandal, as if the fate of the free world hung in the balance. To me, this is a very personal matter, between Edwards and his wife, which they will personally work out (or not) and isn't worthy of much more than a mention. This is so typical of the American mindset, the puritanical obsession with anything involving sex, the rush to sacrifice and destroy and devour anyone who dares to "sin with sex." This is the mindset that believes sex is "dirty", the human body is sinful, and a sexual indiscretion is the highest crime. We'll impeach a president for a sexual matter, but a president who takes a nation to war based on a pack of lies and deception gets a free pass. This is the same crowd that's OK with blood-drenched slasher movies (killing, mayhem, guns and war are good!) but recoils if an actor dares to show a breast or if sex is implied (sex is bad!) What's wrong with this picture?
OK, they're pulling us for rec...I'm going to go out and enjoy the fresh air and sunshine.
Love, Bill

Friday, August 08, 2008

August 5, 2008

Dear Sis~
Less than 90 days until the election and I can hardly wait to witness the changing of the guard. I'm confident Obama will be our next president and, while there are many reasons I'll be pleased to see that occur, at the top of my list is the long overdue opportunity to re balance the federal judiciary. The far majority of all federal judges were appointed by Republican presidents and most are knee-jerk, right-wing, conservative rubber stampers, exceedingly pro-state, pro-prosecution, pro-police and anti-prisoner, anti civil-rights, anti-libertarian judges who've never seen a death sentence they don't love, judges who are proud of the fact that they've never granted a habeas corpus petition in their career. Most citizens are unaware that most judges, by far, are ex-prosecutors, and this trend has only accelerated in the last decade under the prevalent "tough on crime" atmosphere permeating the political arena. The cliche of the "liberal activist judge" is a conservative fantasy for the most part. All I want to see are fair, intellectually honest judges who respect the constitution and are unafraid to stand up to the power structure when it has perpetuated injustices - that isn't much to expect, but it's a lot more than Americans are getting with the current crop of partisan political hacks turned judicial appointees...
I had a touching experience following one of our visits recently. You'd already left and I was stuck in the visiting booth awaiting an escort back to the cell block, just sitting there, casually watching the incoming visitors waiting to enter the general population visiting park. An exceptionally attractive woman was seated in one of those plastic chairs and she had two cute kids with her, a little boy and little girl, perhaps 4 or 5 years old. The kids were reaching up to the sill of that 4 foot tall dividing wall separating me from them, jumping up and down, trying to peek through the glass. All I could see was their little hands and the top of their heads. The woman and I locked eyes and we both smiled at each other - what a beautiful smile she had! - and then she spontaneously stood up, grabbed each child in her arms and lifted them up so they could see me. I waved at the kids, grinning like a fool (you know how much I love kids) and they happily waved back, all excited, as if I was a long-lost uncle. The mother and I locked eyes again and she beamed with pride. There was an almost electric connection between us. It was a very poignant experience for me, and a very sweet and kind gesture. Somehow, she intuitively knew that that simple gesture would bring me a measure of joy and she was willing to do it for a stranger. It's impossible to describe how much that affected me in that moment, and for the rest of the day I felt great joy. I guess that's a demonstration of how emotionally stunted I get from being confined in a cell 24/7, how hungry I am for human connection...
Alright, sis, I'll let you go for now. Give the doggies a pat on the head for me!
Love, Bill

Wednesday, July 30, 2008

July 24, 2008

Dear Sis~
Emmett was executed an hour ago. The TV News Reporter apparently didn't think that was very newsworthy as it was about the 7th story reported, after the traffic, weather report, and story about feral cats, etc...
Anyway, Sis, I'm bummed out right now and not really in a letter-writing mood. This is the fourth execution here in 8 weeks and I'm just tired of being a part of so much death. I have not added it up, but off the top of my head I estimate that I've seen then take away and execute about 40 guys since I've been here in Viorgina. I do remember they killed 14 guys in my first 12 months here, when they were really on a tear. I promise my next letter will be more upbeat!
Light & Love.
Bill

Friday, July 18, 2008

July 16, 2008

Dear Sis~

Today I spoke on the phone with my attorney (as you know, he's in Milwaukee) who patched me in for a 3-way conversation with a well-known Florida attorney who has been very successful over the decades in getting guys off the Row. This lawyer has agreed to come on board as local counsel in my latest litigation. This is the same attorney who advised my attorney last week that my name had just appeared on he "death list" put out by the Commission on Capital Cases (this latest iteration of the list has 19 names on it, including mine. The version before that had 28 names; don't ask me how it went from 28 to 19; I can only speculate that the missing names represent guys who somehow got back into court). Anyway, as I told you before, this isn't the "official" list; that is created by and kept by the Attorney General. To emphasize this, today I was told that Governor Crist signed another death warrant last week (I believe it was for Richard Henyard) and this git was not on the list. The Florida lawyer told me that the signing of Henyard's warrant surprised everyone because he was not on the list and he's only been on the Row since 1994. There are many death-warrant eligible guys who have been on the Row a lot longer, like Gary Alvord (34 years, the longest in Florida) or Douglas Meeks, or others who have been there for 20-30 years. On the other hand, Henyard was convicted of multiple murders of a most heinous nature, which is in keeping with Governor Crist's announced criteria for signing warrants (the most heinous crimes, guys who have been on the Row the longest). The execution date is set for sometime in September. Anyway, this highlights the arbitrary nature of these signings; there's just no way to figure out whose warrant will be signed. All I can hope is that since I didn't kill anyone, I'm not high on the governor's list, and that my just-filed litigation gets me off the list, or at least until that litigation is terminated one way or another...
Sometimes I wonder how (or if) signing death warrants affects a governor; obviously everyone is different, some probably relish it, or others just bear it as a constitutional duty. And while it's easy for a governor to deflect personal responsibility, telling himself or herself that the person was convicted by a jury and sentenced to death by a judge, and therefore the governor isn't really killing the person, that's just really a matter of semantics. You are alive until the governor make a conscious and deliberate decision to have you put to death and that's a simple, unalterable fact. In his/her heart the governor knows he's putting a person to death. That can take an emotional toll on a person, depending upon the governor's mental/emotional/spiritual makeup. You'd like to think your governor would take his role seriously. I recall how, years ago, the long-time warden of the state prison in Mississippi quit his job because he just couldn't take participating in the gas chamber executions anymore. (Contrary to what most people think, the gas chamber was a violent, agonizing form of execution, nothing clinical or easy about it). He went on to become a vocal opponent of capital punishment. So, you never know).
Alright, Sis, that's it for now.
Love, Bill

Saturday, July 12, 2008

July 9, 2008

Dear Sis~
Last week the guards came in, chained up Kent Jackson (aka Memphis) and transported him to Greensville for his July 10th execution. For the past 8 weeks, Virginia has scheduled an execution every two weeks; Emmett is scheduled to die two weeks from tomorrow's execution. I confess to being more than a little despondent over being in the middle of so much killing. The State (and society) can employ all the legal euphemisms they want, but it's killing, pure and simple, and exceedingly premeditated...
I spoke to my lawyer today and learned that my name is now on the "death list" put out by Florida's Commission on Capitol Cases. This is a list of "death warrant eligible" prisoners, which are prisoners who have exhausted all their legal remedies and have no pending litigations in any court(s), thus making them eligible to have their death warrant signed by the governor. In Florida, the governor has full and unbridled discretion over whose death warrant to sign, and when to sign it. There are about 25 names on that death list (last time I checked) and a lot of them have been on the Row for a lot longer than me, and there are a lot of guys whose crimes were heinous by any definition. The fact that I did not kill the victim in my case (which the State now belatedly concedes) nor intended for him to die may or may not be significant to Governor Crist when he goes about deciding whose warrant to sign. Again, the governor can do what he wants. Recently, Governor Crist made public statements to the effect that in signing death warrants he will focus on those who have been on the Row for the longest and those convicted of the most heinous crimes. Left unanswered is the rate at which Governor Crist intends to sign warrants. He can sign 2-4 per year (like Jeb Bush used to) or he can sign 20 or more. It's totally up to him and what's in his heart. Now, by the time you read this, my lawyers will have filed, in Federal court, my final litigation (it's complicated, so I won't try to explain it here), which we've been planning for several months. I don't know if that will affect my status on "the list" (I suspect not) but we'll see. At any rate, I've been preparing for this for a long time and I'm taking it in stride...
Give the doggies a big hug for me!
Light & Love, Bill

Monday, June 30, 2008

June 25, 2008

Dear Sis~
Tonight the Commonwealth of Virginia conducted its 100th execution since 1974, when capitol punishment was reinstated by the US Supreme Court, putting to death Robert (Chad) Yarbrough, whom I knew as a quiet, unassuming guy. When I watched the Fox 10:00 news to see if the 9:00 pm execution had in fact occurred, the lead story was about three feral cats which were trapped and euthanized by a hired contractor. The news spent 5 minutes on that story, talking to protestors from around the country who were outraged that three wild cats had been put to death. After three more other stories, they finally spent 60 seconds covering the execution of a real, live human being (Chad). Just shows you the moral priorities of that TV station; executing feral cats = bad! executing people = good! At least the other two TV stations (CBS and ABC) covered the people protesting the execution, including Terri (Wolfe's mom), God bless her. It takes much optimism and faith to believe that this blood-thirsty state will ever curb its enthusiasm for executing its fellow citizens. But Terri, and her fellow protesters are willing to fight the good fight, against all odds and in the face of extreme apathy, indifference and downright hostility. Meanwhile, Virginia has 2 more executions scheduled for the month of July in its never-ending quest to sate its appetite for blood.
Love & Light, Bill

Monday, June 16, 2008

June 9, 2008

Dear Sis~

The Sword of Damocles no longer hangs over Percy as Governor Kaine today commuted his death sentence to life imprisonment on the eve of his execution. Percy, as always, is oblivious to how his fate was so arbitrarily decided by men he has never met, and he'll certainly be at a loss as to how and why he's been suddenly transferred to a new prison. For me, at least, this whole debate was not so much about Percy, per se, (who arguably might be better off dead than enduring the next 40 years all alone in a maximum security solitary confinement cell surrounded by staff and prisoners who will abuse him) but instead was a referendum on what our society is and should be. Today, civility won out, but I'm acutely aware of how easily it could have gone the other way. Another governor, or this one with less compassion and wisdom, would have allowed the state to kill Percy. Percy survived by executive grace, not because any courts intervened, not because society deemed it morally reprehensible to kill a crazy man. In the end, it all came down to the moral compass of one man and, at least on this day, the right thing was done. I'm more than a little conflicted about Percy's fate for I know what a miserable existence lays ahead for him (profoundly insane people in prison are caged like beasts, seldom receiving any kind of treatment whatsoever. Imagine a cowering dog in a tiny kennel for the next 40 years and you can visualize Percy's future). From a spiritual/metaphysical perspective I don't pretend to understand what Percy's soul might gain by incarnating as a totally insane person. What purpose is served by enduring such a miserable life on this earth? And again, you can't help but wonder if the more merciful thing might be for Percy to pass on and come back around the next time with a whole mind. But, that's not my judgment to make, and it shouldn't be our society's, either.
It has occurred to me that perhaps the "purpose" of the Percy's in this world is not to teach Percy's soul anything, but instead is to teach all of us how to view the Percy's with love, compassion and understanding, to teach us the meaning of mercy (Shakespeare wrote that "mercy is nobility's true badge"). At any rate, tonight I am happy that Percy will live and that Virginia's better side has won out, even if it's just a fleeting victory. We have another execution in two weeks and two more in July, including my friend Christopher Emmett. Bad times lay ahead, but for now, I will sleep well tonight.
Love, Bill

Monday, June 09, 2008

June 9, 2008 Percy Lives!

Dear Readers~
Percy Lives! Tonight, just before he was to be executed, Gov. Kaine stepped in and commuted Percy Walton's death sentence to life without parole. Percy will leave death row and begin serving his life sentence. From what Bill has told me, a life sentence would give Percy a chance to actually be treated for his insanity, not killed because of it. Thankfully, Gov. Kaine had the heart to do the human(e) thing concerning Percy. One prayer answered tonight...
Bill's sister, Lisa

Sunday, June 08, 2008

June 5, 2008 - Percy walks again

Dear Sis~
Today they chained Percy up and carted him off to Greensville for his June 10th appointment with the executioner. Percy was totally oblivious as to where he was going, and why, but he became agitated when the lieutenant confiscated his beloved, ever-present orange knit cap. I bought the cap for him some time ago and he's worn it, 24/7, ever since, until it's become a filthy and raggedy tangle of knitting, but one he clings to like a security blanket. This is the fourth time Percy has made the journey to Greensville, a trip 99% of people do not return from alive, so he's already living on borrowed time. Your guess is as good as mine whether Percy will survive this time; it is totally up to the discretion of Gov. Kaine, who has his own political considerations since he's on Obama's short list for the vice presidential slot. I don't want to believe he will allow this profoundly insane man to be put down like a dog, but my experience with the system makes it difficult to be optimistic...
On a more sanguine note, a couple of days ago they suddenly transferred Daryl Atkins to population in another prison, releasing him from death row. Daryl is the Atkins the US Supreme Court's 2002 decision in Atkins v Virginia, where the Court held it unconstitutional to execute mentally retarded defendants. In the six years since then, Virginia has re-sentenced Daryl to death two more times, and both times the courts have vacated the new death sentence. About 6 months ago, at a hearing which uncovered a lot of corrupt actions by the original detectives and prosecutor, including the suborning of perjury at the original trial, a trial judge threw out the death sentence and imposed a life sentence, but the state immediately appealed that action. So, either the state lost its appeal, or they withdrew it, fearing that further litigation would only uncover more dirt by the original prosecutors. At any rate, after 10 years on the row, Daryl is now gone, serving life at Wallens Ridge, a maximum security joint up in the mountains. It is exceptionally rare in Virginia for a condemned prisoner to get his death sentence reduced and Daryl was very lucky. Daryl is a very low-key, mild mannered, unassuming and happy-go-lucky sort of guy who will blend into prison life without incident, and society will never hear from him again...
I've got legal work to do, Sis, so I'm signing off.
Love, Bill

Wednesday, May 28, 2008

May 22, 2008

Dear Sis~
The execution schedule here has been in a flux. The Commonwealth has issued death warrants for four guys, 1) Eddie Bell; 2) Percy Walton (aka Crazy Horse); 3) Kevin Green; and, 4) Robert Yarbrough. However, two weeks ago the US Supreme Court granted certiorari in Bell's case, and granted him a stay of execution, in order to review his ineffective assistance of counsel claim. This bought Bell at least another 10-12 months of life, at a minimum, but probably a lot more because I believe the US Supreme Court is going to ultimately rule in his favor and vacate his death sentence (ironically, 4 years ago, I had the exact same issue that Bell was just granted certiorari on. The Supreme Court declined to grant me cert when we presented the case to them. Now, belatedly, the Court will review and rectify this issue, although it will be too late to help me). Anyway, almost as soon as Bell got his stay of execution the Commonwealth petitioned for a death warrant for Christopher Emmett, asking for the same date as Bell had, July 24. As it stands now, Kevin Green is scheduled to die this Tuesday, May 27; Percy is scheduled for June 10; Yarbrough's date is June 25, and, as I said, Emmett will be scheduled for July 24. That's 20% of our death row population set to die in the next 60 days. All of these are serious dates (as opposed to "fake dates", which are issued in order to force the prisoner into Federal Court before he's required to file). By "serious dates" I mean that each guy has been through all the courts, state and federal, and has exhausted all of his legal remedies. Thus, unless something unexpected occurs, these executions will probably occur as scheduled. The one most likely to get reprieve is Percy. The Governor already gave him two stays (first, a 6-month stay, then an 18-month stay) based upon his clear and unequivocal insanity. And, it was "understood" that at the end of that 18-month period (i.e. June 10, 2008) Governor Kaine was going to commute Percy's death sentence to life so he could go to a mental hospital and receive the treatment he's not getting here. But, Kaine is reportedly on Barack Obama's "short list" for the Vice Presidential slot, and I'm very skeptical that Kaine will commute a death sentence just months before he might be running for vice-president. (God forbid he might be accused of having a heart and displaying some mercy and compassion for a profoundly insane person). So, Percy might still be in trouble. I still recall how then-governor Clinton left the Presidential campaign trail in 1992 and raced back to Arkansas to oversee the execution of a retarded prisoner whom the Pope had implored Clinton to grant clemency to. Clinton was, at the time, being accused of being "soft on crime" and he was determined to execute that guy to prove to the right-wing, pro-death penalty crowd that he was a "tough guy". I hope history does not repeat itself or else Percy will be sacrificed on the altar of political ambitions.
Love, Bill

NOTE: By the time I received this Blog entry and posted it, Kevin Green had already been executed the day before (Tuesday, May 27th) ~ Lisa Van Poyck

Tuesday, May 20, 2008

May 12, 2008

Dear Sis~
I recently read a news story out of Germany speculating that treasure hunters may have finally located the fabled, long-missing Amber Room, buried near the German-Czech border. As you know, the Amber Room played a central role in my novel, Quietus. Many adventurers and treasure hunters have searched in vain for the Amber Room ever since the Nazi's looted it from the old Imperial Palace in St. Petersburg, Russia, in the closing years of WWII. As mysteries go, it's a top flight one, and with an estimated present-day worth in excess of a billion dollars, there's been no shortage of seekers. A part of me would like to see it found, simply because of the incredible beauty of the objects, and their historical value. But another part of me prefers that its location remain secret, an inscrutable enigma worthy of its magnificence. Some mysteries should remain so, if for no other reason than to give would-be fortune hunters something to aspire to...
We had a tornado steam roll right past the prison yesterday afternoon. The sky became black, the rain flew in sideways and the fences shook like a hanging carpet being beaten with a broom. The two big, heavy trash bins out front of the cellblock were picked up and flung violently against the wall about fifty feet away. The tornado itself missed the prison by about 1,000 feet but it was close enough to get my attention...
We had a bunch of big wigs come by today, touring death row. I heard we'll have officials here every day of the week, inspecting and touring. I'm not sure who they are, but its the same pro forma inspections I've witnessed all my life, people just going through the motions, patting themselves on the back, not really interested in seeing anything or rocking the boat. In the end, they'll just sign off on some form and report that everything is great...
Hillary's schtick has become very tiresome. I wish she'd just pull out and let the real campaign begin, pitting Obama against McCain. Hillary is in denial, apparently unable to grasp the obvious; it's almost like she inhabits some other alternate reality...
Just saw the news flash of a terrible earthquake in Southwestern China, an estimated 7.9 magnitude (that's a big one) which, they are reporting, has killed some 80,000 people (that number will certainly change dramatically, up or down, over the next week). The pictures on TV are heartbreaking. Most victims appear to be dirt-poor villagers, lots of towns obliterated. A reminder that nature is a cruel teacher...
Nightline is over which means it's my bed time. Give yourself a hug for me!
Love, Bill

Tuesday, May 06, 2008

May 1, 2008

Dear Sis~
You gotta forgive me if I'm repeating myself 'cuz I don't recall whether I've already written you re this. At any rate, we now have four guys here with execution dates: Larry "Bill" Elliott on May 13th; Kevin Green on May 23rd (I think); Percy on June 10th and Edward Bell on July 29th (approximately). Now, Elliott's is a "fake date" inasmuch as there's no danger of him actually being executed on May 13. The State signed his death warrant in order to force him into Federal court, forcing him to file his Federal habeas corpus petition. As for Percy, his "18 month stay of execution" given by Gov. Kaine is up on June 8, and unless Kaine takes action and commutes his sentence based on his unequivocal insanity, Percy will be executed. I believe Kaine will commute his sentence, as he should, but nothing is a given. There is a high probability that Kevin will be executed in 3 weeks, and the same goes for Bell in July (although Bell still has a certiorari petition pending before the US Supreme Court, which provides him some hope, however ephemeral that might be). It still remains to be seen how the recent Baze decision by the US Supreme Court will actually play out in Virginia and other states. Having read the 92-page decision re lethal injection I can tell you that it wasn't as cut and dried as the media implied. The court left a lot of room for the different courts in different states to reach different conclusions, although, as a practical matter (especially in Virginia which dearly loves its death penalty) I don't see too many states holding up their executions much longer. In Texas, Virginia and especially the other southern states, including Florida, the gears of the machinery of death are grinding onward without much of a hiccup. If Virginia kills Kevin in 3 weeks, well, then it's clear sailing for everyone else here on the road to the execution chamber...
Four days ago they moved me to a different cell (they moved 7 or 8 of us) so they could paint the filthy, burned-out cells we vacated. The ones we moved into had just been painted so at least now I'm in a clean cell. Looking out my cell window last night, around 1:30 am, I spotted a mother possum, with 4 babies trailing behind her, out front, digging through the big plastic trash bins, snacking on the scraps of food. That's what passes for excitement here! Still, I watched the critters for 20 minutes, until they waddled away, glad to be able to see wild and free creatures at close range (not exactly the plains of Serengeti, but I take what I can get)...
That's it for now, Sis. Give yourself a hug for me!
Love, Bill

May 1, 2008

Thursday, April 24, 2008

April 20, 2008

Dear Sis~
As you've surely heard, the US Supreme Court recently handed down its decision in the Baze case, re the constitutionality of the lethal injection procedures and protocols utilized by the various states. The decision was actually more nuanced than the media reports implied, and it was a plurality opinion, not a majority, which has certain legal implications. Still, it definitely allows the states to resume executions which most will likely do, especially Texas and Virginia (here in Virginia we have 3 guys lined up ready to go). Mildly interesting is that Justice Stevens, in the Baze decision, stated that capital punishment in its entirety should be junked. Historically, every 7-10 years one of the Justices will throw in the towel and declare that he no longer believes in the death penalty, but he invariably takes this position just after retirement, or as he's going out the door. At his age, Stevens has one foot out the door already. Just once, I'd like one of these Justices take a strong anti-death penalty stance at a time when it counts. Anyway, reading this Baze decision is disconcerting and depressing when you realize that what are supposed to be the nation's finest legal minds are arguing over the best way to kill people ...
I don't recall if I told you that one of my short stories (an older one which I submitted on a whim) won third place in the 2008 PEN American Prison Writing Contest. I have not written any new fiction in several years, having gotten burned out and discouraged, combined with being especially busy with legal work. But I intend to get back to writing again this year; I've still got some good work left inside of me...
Well, the news is coming on so I'll sign off for now. Give the doggies a hug for me!
Love, Bill

Saturday, April 12, 2008

April 9, 2008

Dear Sis~
I just finished reading a very moving true story in my May issue of Esquire magazine. The story, The Things That Carried Him, by Chris Jones, details the death and burial of Army Staff Sergeant Joe Montgomery, killed in Iraq last year. It's a powerfully written piece, sad and poignant, impossible to read without crying, and a graphic reminder of why I hate war (and the Iraqi war in particular) and the spineless, deceitful politicians who so blithely and cynically throw away the lives of our soldiers. Here are two laws which, if passed, would put an end to unnecessary wars in this country: (1) a requirement that any war must be accompanied by an immediate $1.00 per gallon gasoline tax increase in order to pay the costs of war (to better make the average citizen share in the sacrifice) and (2) that the adult children of every politician voting for war must serve on the battlefield. I know that's a fantasy, but in an ideal world that's how it would be...
I'm in the middle of a bunch of legal work, a particular project for which it's difficult for me to generate much enthusiasm, but I must give it the old college try so I'm going to close this up and get back to work. I'll see ya soon in the visiting park!
Love, Bill

Thursday, April 03, 2008

March 30, 2008

Dear Sis~
I read an interesting essay in the March 31st issue of The New Yorker regarding the general decline and demise of the newspaper industry, whose old-school business model cannot compete with the Internet, combined with CraigsList (which offers free classified advertising, while paid classified advertising is the bread-and-butter economic foundation of the conventional newspaper business model). It's a little more complicated than simple economics, but the severe decline is indisputable and possibly irreversible. It's sad to see the old-fashioned ink-and-paper newspapers go the way of the dinosaur, but it's a lesson in economic evolution: those who cannot change and adapt will perish. Mostly the essay is focused on the Internet, and the rise of blogging. But getting back to physical newspapers like say, The Miami Herald, it occurs to me that one way to keep such a newspaper alive (with fully staffed editorial and investigative departments, unlike the skeleton staffs the papers are now resorting to, like cannibalizing their young) would be to transform it into a non-profit public trust. Once the pure profit motive disappears the paper would be free to concentrate on delivering the best quality news possible. I believe there is a Florida newspaper that already does something like that, maybe it's The St. Petersburg Times, if memory serves me correct. That may be the wave of the future. But, only those cities blessed with some wealthy patron(s) will then have newspapers. It would take a serious knot of cash to buy the paper, then place enough money into an investment trust which would then generate enough income to pay the considerable annual overhead of running the paper. That kind of money could come from a single wealthy person, or maybe a small consortium, which then begs the question of bias by the donor, whether the newspaper will be reasonably objective or just be a tool to promote his particular views. Can you imagine the only newspaper in a major city, say The Chicago Tribune, owned and operated by Rush Limbaugh? Another possibility would be to appeal to the general public, sell millions of "shares" to civic-minded citizens, much the same way the Green Bay Packers team is owned not by your typical wealthy NFL owner, but instead is owned by the citizens of Green Bay, Wisconsin (a business model unique in the NFL). Of course, I cannot simply go online...I instead relish my evening ritual of receiving my daily USA Today at mail call and devouring every article and story. It will be a very sad day when the last major city paper-and-ink newspaper is published...
Ok, enough rambling from me!
Light and Love, Bill

Saturday, March 22, 2008

March 19, 2008

Tomorrow is the spring equinox, a time of renewal, with Easter Sunday right behind it. It's hard to believe that this year is about to enter the second quarter. The older I get the faster the years fly by, a commonly shared observation I know, but curious nonetheless...
About 10 days ago when I was out in the rec cages, we saw a dozen deer just outside the fences, along the edge of the woods; they were totally unafraid, just grazing on the long grass, unconcerned with us prisoners in our cages as we watched them mosey along. They were young deer (certainly small ones, as whitetails go) and rather frisky, occasionally kicking up their heels and skipping around, happy to be alive under a gloriously blue sky and radiant sun. Two young bucks squared off with each other, rearing up on their hind feet and briefly battering each other with their front hoofs. All of us stood silently, raptly watching this rare & unexpected display of nature, until the deer finally trotted off, leaping one by one over a low wire fence behind a guard tower disappearing back into the woods. These deer were smart enough to know that they were in no danger, even with humans just 100 feet away, that this was safe territory (being state property they are not at risk of being hunted here). Now each November, when deer season opens, I hear the dogs baying and the guns booming not far off, just over the tree lines, every day for weeks on end, yet the deer somehow know that they are safe if they stay right up against the prison grounds. Our deer never appear skittish even when the guns are banging a few hundred yards away...
Today, all the news programs marked the fifth anniversary of the war in Iraq and President Bush gave a speech where he confidently declared that the war had been a great success and that he'd do it all over again if he was given a chance. He specifically said that "the sacrifices have been worth it," said by man who does not know the meaning of sacrifice. (you can bet none of his friends or family are dying in Iraq). This is the same president who announced that America is not in a recession. ("It's just a rough patch") and that the government has "a strong dollar policy". It's sad how clueless our fearless leader is.
Tonight I received notice that one of my short stories, The Man From Far Away won third place (short fiction category) in the 2008 PEN Prison Writing Contest. I usually enter a story in this contest (I've won before, a couple of times in past years). The PEN American Center is a prestigious association of well-known writers and poets and one of the neat benefits of winning is that they allow you to participate in a mentoring program where an established writer/author will critique some of your work. Some of these writers/playwrights/poets are very famous and it's a unique opportunity to have one of them give you advice & critique your writing...well, time to go, Sis. Give the doggies a hug for me!
Love, Bill

Wednesday, March 12, 2008

March 10, 2008

Dear Sis~
I guess I was guilty of excessiuve hubris when I assumed that Obama would win either the Texas or Ohio primary and would thus effectively sew up the Democratic nomination. Clearly I underestimated Hillary's ability to successfully fight and claw her way back from the brink of defeat. Now it looks inevitable that this battle will go all the way to the August convention, with Hillary & Obama attacking each other all the way, while John McCain sits on the sidelines smiling like the Cheshire Cat, looking presidential. This internecine warfare will be mutually destructive and may implode the Democrats' chance to win the White House if their eventual nominee comes out of a brokered convention with all the hallmarks of a back-room deal (especially if Hillary gets the nod over Obama if Obama enters the convention with the lead in delegates, which is a virtual certainty). This general election shopuld be the Democrats to win, but they may well snatch defeat out of the jaws of victory. At least McCain is a decent and honorable man, with common sense and integrity, so if he prevails, it won't be a total disaster...
Gold closed at $980 an ounce last week, up 17% since January 1st. Platinum closed at $2,240 (up 48% since Jan 1st), while silver closed at $21 (up 38%) Virtually all commodities are up double digits (petroleum, copper, wheat aluminum, coffee, etc...) which will only continue the rest of the year. I think gold has the most upside, though, as an investment vehicle. I expect it to hit $1,000 an ounce very soon, and to be at $1,500 to $2,000 by years end. Gold has different dynamics than silver and platinum (i.e., it responds to different market forces) and an investor can buy into it easily by purchasing a gold ETF (Exchange Traded Fund), which trades like a stock on the stock market. I know there are also silver ETF's and probably a platinum-based ETF. Anyway, normally I'd never recommend investing in gold (it is terribly volatile) but the economy is in a very unique situation now (recession, inflation, stagflation) which makes gold a good bet for substantial gains. If I had a big chunk of money to invest, I'd put it all into gold. Another big reason for the rise in gold is because of the falling dollar. Gold, like petroleum, is priced in US dollars, so as the dollar falls, gold must rise (as must petroleum, which closed at a record $107.20 a barrel today). A bet on gold is a bet against the dollar, and unfortunately, a bet against the dollar is a safe bet. The dollar has been sinking like a rock for over a year and will continue to do so for some time to come due to the fundamental weaknesses in our economy and our fiscal/economic policies. Our economy is going to get a lot worse before it improves, believe that. (Preisdent Bush is about the only American who still believes we are not in a recession. Hell, we were in a recession back in December). So, if you hit the lottery or fall into an inheritance, my recommendation is to put it into gold!
Love, Bill

February 29th Leap Day

Dear Sis~
Here it is, Leap Day (oh boy, an extra day on death row!) and we're one day closer to the March 4th Democratic primaries in Texas and Ohio which, I believe, will mark the de facto end of Hillary Clinton's campaign to become the first female president, and the beginning of Barack Obama's fight to become the first black president. A lot can happen between now and November, but my money is on Obama over John McCain. McCain is a good and honorable man, but his time has come and gone; his time was eight years ago when Bush beat him out for the Republican nomination. The country in hungry for real, substantive change, away from the same-old-same-old, the status quo, and only Obama offers that. There will be a significant Democratic majority in both the senate and the house after the upcoming election, allowing Obama to push through the legislation necessary to bring about those changes. One thing this country needs to address is its addiction to incarcerating its citizens at the highest rate in the world. In today's USA Today is an article announcing that the "ratio of Americans behind bars tops 1 in 100." There are now 2.3 million American adults in jail or prison, "documenting the nation's rank as the world's No. 1 incarcerator." This is a trend that's been gaining speed for the last 30 years, with no end in sight. Americans (through their legislators) believe that prison time (and lots of it) is the answer to everything. It's like we have zero imagination (not to mention compassion or understanding) when it comes to addressing crime. Incarceration has become an incredibly huge and profitable business in America (the entire "criminal justice system" is big business in America, from the beginning (the police, lawyers, prosecutors, judges and jails) to the end (the construction and staffing of many, many prisons). We spent 49 Billion dollars on jails and prisons alone last year, which is serious money, and which creates a need to perpetuate itself. It's basic economics...
Alright, Sis, I'm going to hit the hay. Give the doggies a tummy rub for me!
Love, Bill

Tuesday, February 26, 2008

February 20, 2008

Dear Sis~
Just before 10:00 pm tonight I was standing on my bunk, posted up in my narrow, horizontal slit window, trying to catch the rare, full lunar eclipse, which was supposed to be preceded by a blood-red moon. The eclipse was supposed to last about 30 minutes but I never got to see it, either due to excessive cloud cover or, more likely, I simply could not view the moon from the narrow field of view offered by my window. At any rate, all I saw was a noticeable darkening of the night sky, as well as one of the prison's feral cats creeping across the yard to investigate some trash bins. I enjoy watching the night sky from my window, but due to the glare of the high-intensity fence lights, I can't do any real star gazing. Sometimes I catch the full or partial moon, sometimes I could see Venus or a particularly bright star, but more often, late at night, all I see is an occasional skunk, possum or cat, or some of the rats that race along the foundation walls. During the warmer months I'll sometimes see, around 2am, some strange-looking ground birds, nervously racing around the yard, silently stabbing their long, thin bills into the ground. I don't know what they're looking for, probably earth worms or crickets. Anyway, that's the extent of my night gazing ... not exactly a wildlife safari! (Somewhere, in the deepest reaches of my mind I'm probably hoping that a UFO will come cruising by and beam me up. That would sure make for an interesting headline when they found my cell empty...)
Obama won the Wisconsin and Hawaii primaries very convincingly yesterday; that's ten in a row Obama has won over Hillary; he's on a real roll and I think he's going to pull this off to become the Democratic nominee, and thereafter become president. (If the Democrats can't win the presidency this time, they can't ever win it. It should be a cake walk given how King George has screwed up our country over the last 7 years).
Love, Bill

Friday, February 15, 2008

Valentine's Day

Dear Sis~
Valentine's Day in the joint...now there's a bummer. I received the neat pics of the doggies; I like the one of Natasha "pointing" out in the yard (she's probably tracking a grasshopper) and the one of Harley lollygaggaing on your bed-he's a real ham. You've got two, good looking dogs for sure & they're obviously great pals now. I can't identify the purple flower on a tall stalk, the stalk looks sort of like a small banana plant; is that some kind of lilly? Anyway, it's beautiful, it looks tropical so I'm sort of surprised to see it in your back yard.
Well, the so-called "Potomac Primaries" are over and Barack Obama swept all three of them. I'm beginning to believe he's actually going to pul this off & win the Democratic nomination. Hillary has now gone all-in, especially betting everything on the Texas and Ohio primaries in a few weeks. If she loses those to Barack, I think she's through dealing. In fact, if she even loses one of those two, she'll be in serious trouble. I've been routing for Obama from the beginning, even if he's a little long on rhetoric and short on details, but I doubted his ability to defeat the Clinton machine. That machine is now proving to be vulnerable and Obama has the momentum (never underestimate the importance of momentum in politics, which depends on the heart more than the intellect). If Obama is the Democratic nominee, he'll be our next president. I, for one, welcome some serious change ...
Last week the Nebraska Supreme Court ruled that execution by the electric chair was unconstitutional (i.e., cruel and unusual punishment). You may recall that, of the 37 states with capital punishment, Nebraska was the only one that stuck with the electric chair as a "back-up method" which the condemned prisoner can voluntarily choose over lethal injection. This puts Nebraska in a real quandry: they now have no legal means of execution. I doubt they'll rush to pass a law imposing lethal injection, given the constitutional debate going on over that form of execution. The US Supreme Court will rule in a few months on the constitutionality of the lethal injection procedures. Anyway, all this is just another reminder of the unseemliness of "tinkering with the machinery of death" as one ex-Supreme Court Justice once described it, as he announced he no longer believed in capital punishment (unfortunately, he waited until he retired from the bench before reaching that conclusion). Hopefully, one day enough Americans will become tired of figuring out ways to kill people.
Light & Love,
Bill

Sunday, February 10, 2008

February 5, 2008

Dear Sis~
The Chinese New Year is upon us; this is either the year of the Pig or the year of the Rat, I forget which, though I don't see either one as being particularly auspicious ...
As you can see from the enclosed confirmation letter, one of my short stories, Fake Identity, will be published in a book-length anthology of short stories, all written by prisoners from around the country. The book will be titled: Exiled Voices: Portals of Discovery, and will be published this Spring by the New England College Press, up in New Hampshire. My only remuneration is a couple of copies of the book, which I've asked to be sent to you, but I didn't write this for money anyway. There are some really, really excellent writers being included in this book (I'm familiar with the work of several of them) and hopefully, this book will open some eyes and educate the public to the fact that not all convicts (even most convicts) are mindless, violent brutes, notwithstanding the best efforts of the media to stereotype us as such.
There are so few positive stories coming out of the prisons, but this is one of them... There's a guy here on the row named Morrisette, been here about 7 years. Well, about 2 years ago the Court vacated his death sentence and ordered that a new penalty phase be conducted. Since then, his case has been in slow motion, with the State not being in any hurry to put another death sentence on him. So, for about 2 1/2 years, he's been sitting here on the row even though he is not sentenced to death. (he remains convicted, though). He's about 60 years old, very rarely leaves his cell and is pretty comfortable where he's at. Well, a few weeks ago, the warden started making noise about getting him sent to a regular prison (he has another regular sentence to serve besides his vacated death sentence), even bringing him some papers to sign, which he refused to do. He went into a flurry of activity, calling his lawyers daily to get them to stop his imminent transfer. He's almost in a panic and it struck me as more than a little humorous because, while the rest of us are fighting to get off death row, here is Morrisette, battling like Hell to stay on the row. I've never seen anyone scrap so hard to stay here! (See, he knows he'll be sent to a maximum security joint, probably Red Onion or Wallens Ridge, and he'll be held in solitary under harsh conditions, simply because he's ex-death row. (That's the fate of anyone who gets off the row here, although very few ever do get off in Virginia).
We finally went to outside rec today; we've only been going about once every 5 or 6 days since we moved to this building, even though the rules mandate rec five times per week. Anyway, it was beautiful outside, the sky was clear, very blue and sunny, perhaps 70 degrees. I fed my crows (hot dogs) and sparrows (cornbread); they followed me to our new building (they come when I call them). I enjoyed the day very much, and that counts for a lot; as the cliche' goes, I take it one day at a time & savor each moment above the ground.
Love, Bill

Saturday, January 26, 2008

January 22, 2008

Dear Sis~
Last week the Dragon Lady (our warden) forced us to make the "big move" she'd been threatening for the last several months, moving all of us on death row from Building 4 to Building 3 - from clean, well-maintained cells to an ex-solitary confinement cellblock where the cells resemble a bombed out ghetto. I can't adequately convey how filthy and torn up these cells are (mine has endured numerous fires, and while hours of scrubbing got some of the grime off, the ceiling remains black from soot as do the upper walls where I can't reach) but this is what you gotta expect in prison. So I've scrubbed & scrubbed as best I could and settled into my new home. At least my little slit window faces south and I get some good rays from the afternoon sun...
I was just listening to some Johnny Cash on my little radio; I'm not a country music fan, but ever since I was a kid, I've been drawn to Johnny Cash's music (I don't consider him a country western musician anyway). His was a special voice, a special spirit who still speaks to something deep in our hearts. And, while I was saddened by his death I know he's in a good place & he was ready to go. Johnny was a very spiritual and metaphysically sophisticated guy, a very wise soul. The only other musician who speaks to me in that way is Willie Nelson, another old soul. Not surprisingly, Johnny & Willie were great pals and they recorded some first-rate songs together ...
It's past midnight and I'm gonna hit the hay!
Love, Bill

Friday, December 28, 2007

December 24, 2007

Dear Sis~
It's Christmas Eve and I'm feeling expansive, indulging in a lot of end-of-year introspection. The other night I watched The Wizard of Oz for the first time in decades which stirred up some nostalgia. I vividly recall you and me as little kids, back in the early 1960's, intently watching this movie for the first time on our family TV. I was mesmerized and delighted as only a child can be over the seemingly magical tale. It was the first musical I'd ever seen and it broadened my concept of what constituted a movie, as to how a movie could be made, as opposed to more traditional films, and I experienced a modest epiphany, sort of like when you first appreciate the difference between an impressionistic painting and one from the traditional school of realism. Now, sitting here on my bunk, some 45 years later, I was surprised at how well the movie stands the test of time. It's still a great film, a grand story with excellent production values and the colors are just as rich and bright as I recall them. Remember how watching this movie became an annual event as we grew up? And how scary those damn flying monkeys were? When the movie ended I felt a tinge of sadness though, because watching it transported me back to those childhood years of wonder and innocence, before I made so many bad choices in life. Back then, before my fall from grace, my future was still bright, brimming with unfilled potential and everything seemed possible. I'd give anything to recapture that moment, to be able to return to that time and take the right paths instead. But, wouldn't we all? If only life were that simple and we could gain the wisdom and experience without us and others suffering the consequences of our poor judgments. My consolation is the assurance that next time around on Schoolhouse Earth I won't be repeating those mistakes ...
Contemplating the meaning of Christmas, a thought just popped into my mind: in the last 2,000 years, has there ever been a Christmas without a war being waged somewhere on the planet? I don't believe so. Will we live long enough to ever witness a Christmas where the nations of Earth are at peace? Another Christmas is here and, once again, America is occupying a foreign nation, fighting a war far away. Our country is full of self-professing Christians, but many conveniently forget that one of Christ's primary titles is Prince of Peace...
Anyway, Sis, I'm going to close this up on a cheerful note. Give yourself a big hug, and give the doggies a tummy rub for me! Let's dream for the seemingly unattainable: Peace on Earth and Goodwill Toward Man.
Love, Bill

Thursday, December 20, 2007

Dec 14, 2007 - New Jersey abolished their death penalty!

Dear Sis~
The seagulls are back. Every winter hundreds of these screeching birds invade the prison, wheeling and dive-bombing overhead, crowding onto the yard during the night, hissing, squalling and pecking at each other, fighting over every scrap of food thrown to them by prisoners. Come Spring, they will just as suddenly disappear, vanishing overnight, presumably returning to the coast from which they came. Oddly, this seasonal seagull migration occurs at all prisons (at least every prison I've been at). My guess is that the ubiquitous garbage dumps, present at all prisons, attracts them, a reliable food source when the wintry oceans become less generous. The gulls make it almost impossible for me to feed my crows and sparrows out at rec because they spot the food as soon as it hits the ground and they all swoop down to devour it. Occasionally the crows will fight with them but invariably the mobbing gulls overpower them through sheer force of numbers...
By the time you read this, New Jersey will have abolished their death penalty. Their senate and assembly already voted to do so and Governor Corzine, who is a staunch abolitionist, has stated he will sign it into law. This is the first state to abolish capital punishment in about 40 years. (If my memory is correct the last state was Kansas, but after about 20 years or so, they reinstated it). Anyway, this is a small step in the right direction and hopefully it will embolden other states to do the same. I'm not naive; it is a long and difficult road to total abolition of state-sanctioned murder, but as the old Chinese proverb says, even the longest journey begins with the first step...
It's 11:30 am and I was just gazing out onto the center of the compound, when I saw two guards sic their 2 German Shepherd attack dogs on an inmate who looked like he weighed 125 pounds. The dogs chewed his ass up while he futilely fought to protect himself. The attack-dog patrols is one of Warden Kelly's "innovations" which is a euphemism for "total waste of taxpayer's money". She has four guards who roam the compound, each with a vicious, half-insane attack dog on a leash, and their purpose(if you can call it that) is to herd the inmates wherever they go, to and from the chow hall, to and from rec, etc... The guards bring up the rear, with these snarling dogs, lunging and straining at their leashes, snapping at every inmate as they walk. The guards seem to enjoy seeing how close they can let the dogs come to the inmates (the dogs are desperately trying to break free and attack, they snarl and bark non-stop, like they are on crack or meth). A couple of times already, they've set the dogs on inmates, including what I just saw. I've never been in any prison where attack dogs roamed the prison, especially for no legitimate purpose. This joint is habitually understaffed (they often have to lock down the prison due to staff shortages), yet they waste 4 guards on this ridiculous dog-duty, because this warden wants to pretend she is running some kind of notorious, maximum security, Alcatraz-type joint (in reality, this prison is soft as cotton...this warden has never seen a real hard core joint)... Gotta go, Sis!
Love, Bill

Thursday, December 06, 2007

December 2, 2007

Dear Sis~
I'm sitting on my bunk as midnight approaches, listening to a Vivaldi concerto on my little CD player. I remember how I hated classical music as a kid, didn't understand how anyone could enjoy it, but as the decades went by, at some unknown point, I found myself inexplicably drawn to it, listening to it, appreciating its beauty, until now I don't understand how I ever disliked it. I guess it's just an age thing, a matter of maturity, that one day all kids are destined to come to enjoy "old folks' music". Anyway, I enjoyed our visit today; I'm not sure why we got 1 1/2 hours today, whether it was just luck, or because I said something to the lieutenant. Yesterday, the same crew restricted another guy's visit to one hour (his wife came from New York). And as I told you, I just got a response to my grievance about the new policy of giving us only one hour to visit and that response was "Per policy you are only allowed a one hour visit." This is factually incorrect since the Death Row rulebook specifically says "Visits may be limited to sixty minutes." The operative word is "may." It does not say "shall" or "must" or "will". The word "may" indicates the existence of discretion, indicating that while it may be limited to one hour, it does not have to be. Up until 3 weeks ago we got 1 1/2 hours, just like open population, and there was no reason for this sudden reduction. For that matter, up until a year ago we routinely got to visit for 3-5 hours per visit. Ever since Warden Kelly got here she's made it her mission to progressively restrict our visits, for no legitimate reason ...
Well, it's December again and, as I do every year, I marvel at how quickly the year has flown by. I know it's purely subjective, but the older I get the faster the years seem to go by. I think this is an experience common to all of us...
Now, with all these accelerated political primaries we'll know within 60 days who the Democratic and Republican nominees are. I'm pretty jaded to the political process but I don't think it's hyperbole to say that the upcoming election will be pivotal to deciding how this nation will define itself, whether we'll continue in the current disastrous direction, or whether we'll find some political leadership which will provide hope, purpose and common sense. This country desperately needs a sense of optimism to restore its spirit, rather than the fear mongering and hate mongering we've been fed by the greedy, war-loving elements of this administration (abetted by a cowardly congress and a gutless, paralyzed, unimaginative Democratic leadership). We have a lot to answer for to the next generation, starting with what will surely be their most imperious question: How the Hell did you let this happen?
Love, Bill

Thursday, November 29, 2007

November 22, 2007-Thanksgiving

Dear Sis~
It's (another) Thanksgiving Day, perhaps my 38th one behind bars. My last one enjoyed in freedom was 1986, and the one before that was 1969. A sad commentary, huh? Anyway, I just finished watching March of the Penguins on the Discovery Channel, a remarkable film, a grand tribute to the vitality of life which reminds us of the wonders of nature, which we are mostly ignorant of and often indifferent to. I'm an optimist by nature and I believe in the inherent ingenuity of mankind, especially when faced with crisis, but yet I still fear for this planet. I really don't know if we are going to win this race (and a part of me wonders if Earth wouldn't be better off without the presence of man)..
By the way, the administration here fired me from my podworker job, in retaliation for me telling the story of Percy's mistreatment. Someone in this administration is reading my blog and they don't like what I wrote! Rather than treat Percy with a little humanity, they'd rather strike at me (kill the messenger!) Percy, with his pathetic, broken mind has languished in that barren cell for ten years now, alone, bewildered, usually naked, devoid of even a scrap of property, inhabiting his own little private slice of insanity, and the only thing the Commonwealth of Virginia wants is desperately to execute him, while the only thing this prison wants is to ignore him. It speaks more about us as a society, than it does about Percy himself. Looking into Percy's cold, empty cell, seeing him naked, huddled in the corner, talking to himself and the unseen voices around him is like holding a mirror up to the commonwealth, reflecting back its soul...
In a rare turn of events (considering how everything here has been going steadily downhill for the last year) we got a grain of good news when the canteen passed out a memo stating that we can now purchase 13" color TV's (at $185, they are actually cheaper than the $210 they've been charging us for these cheap, toy-like black and white TV's). Everyone is excited about this (it doesn't take much to excite people on death row!) and buzzing about what a grand luxury this is. I'll start saving up for one myself, but I'm going to wait awhile & see if the news ones start blowing up. We went through this once before when we went from excellent quality 5" Magnavox to a cheap 5" generic brand; the new ones started breaking down and blowing up almost immediately, until we eventually went to another generic brand. Those who bought the new defective TV's were just out of luck. So for now, I'll start saving my dollars...
A guy on the row received a visit today and was permitted the regular 90 minutes, which conflicts with what Captain Tuell told you and me last week when he limited our visit to 60 minutes and proclaimed that 60 minutes was the new limit for death row visits. I don't know what to make of this but it causes me to wonder of that new limit is just being applied to me. I do know that since yesterday all my 15 phone numbers on my phone list have suddenly been invalidated; I can't get a single call to go through now (everyone else's numbers are working fine) Hmmm...
Alright, Sis, I'm going to hit the hay. I'll see you at our next visit.
Love, Bill

Wednesday, November 14, 2007

November 11, 2007-Percy getting worse

Dear Sis~
Today is Veteran's Day. I still remember when I was just a child, how every Veteran's Day and each Fourth of July, Dad would get me to help him raise up our American flag on the short flag pole mounted on our front porch. Dad took that very seriously which, in turn, made a firm impression on me...
Here's a little update on Percy's situation, just to better document what occurred. It was the night of October 15th, from 10:30 pm to 11:45 pm, when I cleaned up Percy's cell (cell #7). It was Lieutenant Dudley and Officer Lewis who supervised me and were right there on the spot (they were also the ones who moved Percy from cell #7 to Cell #2). All of this was recorded on video; we have four cameras on the pod and at least two of them were pointed toward cell #7. Many of the death row prisoners stood at their doors and watched all of this. It was Thomas Porter who was next to Percy, in cell #8, who kicked and banged for seven days, demanding to move because the odor from Percy's cell was gagging him. Porter filed numerous "emergency grievances" over that 7-day period, also demanding to move, in which he described Percy's feces-flooded cell (the feces and urine was running out from under Percy's door and into cells #6 and #8). These emergency grievances were all denied and returned to Porter with the notation that "this does not constitute an emergency."
My point is that this entire incident was well-witnessed and well-documented over a period of a week. Well, on Friday afternoon (Oct 19th) I phoned one of Percy's attorneys and told him what was going on with Percy and he promised to get Percy's other attorney, Jenny, to visit Percy on Monday morning. Well, on Monday morning, the guards came on the wing and sprayed the interview room down (where we meet our attorneys) with a citrus-scented disinfectant; then they laid out a clean uniform on the table, sprayed it down, and made Percy put it on. Jenny visited him minutes later, and I later heard that she commented that Percy "smelled like flowers" and thus, she didn't think anything was amiss. I also heard that the prison officials (i.e., Warden Loretta Kelly) had denied that Percy was living in a feces-flooded cell. Apparently, Jenny believed them. She did not look at Percy's cell, did not interview me or anyone else, and did not demand to look at the video, which would prove what I reported. Jenny, who is non-aggressive and non-confrontational by nature, chose to believe the administration's lies and chose not to push the issue. So, nothing has changed with Percy. He's still in a virtual strip cell, alone and bewildered, with nobody in a position of authority who gives a damn about him. The only upside is that Percy is so psychotic and insane that he does not understand how terribly he's being treated. To me, the true sad aspect of this is what it says about us as a society, that we treat people like this without any sense of shame and, in the larger picture, how the State, through its attorneys, are so desperately eager and determined to kill Percy, to put him to death despite everyones knowledge that he is absolutely insane. It is a group of attorneys, intelligent men and women, who spent long years in law school, and who now represent the Commonwealth of Virginia, who sit around polished tables and scheme and plot how to kill Percy. I wonder if any of them pause to ask themselves "Is this really what I went to Law School for?"
Love, Bill

November 7, 2007-D.C. Sniper burns cell

Dear Sis~
I was just sitting down to write you a letter when I smelled smoke. When I went to my door to investigate I saw a cloud of billowing smoke surrounding cell #22, along with the orange flicker of flames (it was 11pm and the lights were off on the pod, making the fire easily visible). John Muhammad (aka the D.C Sniper) lives in that cell and he'd clearly set his entire cell on fire. Then the fire alarm went off and the red strobe lights started flashing. About that time, the guards started streaming in, milling around his cell door, shouting his name, peering inside the dark cell. Eventually, there were 14 officers there in a Keystone Cops-like state of confusion and panic, some carrying fire extinguishers, one wielding a video camera, another holding the electric stun/shock shield. Nobody wanted to open his cell door, fearing an ambush. Meanwhile, the thick smoke kept billowing up toward the ceiling. After watching this for 13 or 14 minutes I was certain that Muhammad was dead. (I've seen guys die in their flaming cells under similar smokey circumstances). After 17 minutes (I was timing it) they finally opened his door, sprayed the fire extinguishers inside and pulled Mohammad out of his cell. Surprisingly, Muhammad was conscious and able to walk. He had wrapped himself in a wet sheet, like a mummy, and clearly he'd had his face pressed to the air vent in the back of his cell (the vent near the floor forces air into the cell, while the vent near the ceiling extracts air). So, whatever his motivation was in setting the fire, it clearly was not suicide. (Had he not taken protective measures he absolutely would have died from smoke inhalation). By this time the entire cellblock/pod was filled with smoke and we were all choking. I wrapped a wet towel around my head and stayed near my vent. Meanwhile, all Mohammad's property and paperwork, his clothes, sheets, pillow, mattress, etc. was pushed and pulled out onto the pod by guards wielding brooms and sticks, where it burned and smoked in a big smoldering heap...So, that's how I spent the last hour, watching this comedy of errors, with a damp towel wrapped around my head, thankful that Mohammad was incapable of engineering a more substantial fire or else we might all have suffocated (clearly, the guards would never open all our cells; we'd just die in here, as has happened in other prisons and jails in the past). I hope your night was better than mine!
Love, Bill

Sunday, November 04, 2007

Sunday Nov 4th ~ A note from Bill's sister

Dear Readers~
The following post is an article written about Percy Levar Walton whom Bill wrote of in his last entry of October 21st. I have sent Bill's blog entry on Percy to the Governor of Virginia, the local news stations (TV and radio) and Amnesty International (Washington DC). When I visit Bill today, I'll get the name of Percy's attortneys to send them a copy as well. This poor man needs help and can't speak for himself.

Percy Walton - Mental Illness - the International Justice Project

Percy Walton - Mental Illness - the International Justice Project

Saturday, October 27, 2007

October 21, 2007 - Percy Needs Help!

Dear Sis~
As you know, I'm one of the eight "pod workers" on the row and I'm called upon to clean empty cells, or scrub the showers, or sweep and mop the cellblock floors. So I wasn't particularly surprised when, late last Monday night, a lieutenant appeared at my door, told me they were moving Percy (aka "Crazy Horse") to another cell, and that they needed me to clean up his old cell. I've cleaned up Percy's old cells before and they are really rank; Percy stinks like you would not believe. He very rarely showers and his clothes are always filthy rags. Percy is oblivious to his condition but his funk is so powerful that, out on the rec yards, you can smell him twenty feet away, and if the wind is in your face you'll occasionally gag. Anyway, I thought I was mentally prepared to clean Percy's cell, but I became suspicious when the lieutenant brought me a pair of knee-length rubber galoshes, a plastic apron, a mask, and a pair of long rubber gloves. When I got downstairs I saw the big trash barrel in front of Percy's empty cell, along with several red plastic bio-hazzard bags, a mop and bucket, and the large industrial vacuum cleaner (like a big shop vac) that we use to vacuum up the water when a guy floods out his cell. I was still several cells away when the odor punched me in the face. When I looked into Percy's cell the entire floor was covered in about 2 inches of raw sewage. I don't mean mostly toilet water with a little feces, I mean pure raw sewage sludge. The sink was full of sewage, the bare steel bunk was smeared with sewage and the clogged toilet was overflowed with sewage and toilet paper. It was horrible. If you can imagine taking two full Port-O-Potties and dumping them into a cell you can picture what I was facing. The stench was overpowering and I fought not to vomit. That's when I learned that Percy had been locked in that air-tight cell like that for the last 5-6 days (i.e., his toilet was clogged and overflowing for the last 5-6 days). How a human being could survive (much less not be driven insane) in a suffocating cell like that is beyond me. Of course, Percy is already insane so those conditions could not drive him over the edge. I spent 1 1/2 hours in there; I vacuumed out 2 full shop vac containers full of shit and piss (at least 10 gallons per shop vac container, or 20 gallons total) and I sprayed disinfectant everywhere. The more I worked, the angrier I got as I realized that Percy had been in that cell for at least 5 days (maybe 7 days) and that all the guards and other prison officials had just ignored it, walking past his cell each day, like nothing was amiss. The guy next to Percy had been yelling and banging for 5+ days, demanding to move, to get away from the gagging odor, to no avail. And, when they finally moved Percy, who was covered in shit, they did not put him into the shower, or give him clean clothes, they simply put him into a different cell. He's in cell #2 now, alone and virtually naked (no property, just his shit-covered clothes), totally clueless as usual. And now they have his toilet cut off, along with his sink water, and my neighbor tells me he's begging for water to drink all day long, but nobody gives him any. For the next 5 days after his move, Percy did not go to rec (he always goes to rec) until Friday, when he finally went, and I was shocked at his appearance. Percy always looks bad, but on Friday he looked terribly gaunt, his eyes were sunken and wild, and he was uncharacteristically quiet and sluggish. When he got outside he just slumped to the concrete, laid down, and remained there for the 2-3 hours we were out there (usually he paces, or hops around, while talking to himself). To be honest, he looked like he was dying. I fear for his life, and certainly for his health. Prison officials here are absolutely and totally indifferent to his condition, and it's criminal. If you kept an animal in those conditions you'd go to jail, and deservedly so. I've seen a lot of bad stuff in my decades in prison but that was the worst I've ever seen a prisoner treated (other than outright beatings). It was, and is, a very sad situation; I can't even imagine how Percy's already broken mind processes such things, or if somewhere under the depths of his madness he grasps how cruelly he is being treated. He needs to be in a hospital where someone, somewhere, can have some mercy on him...
Light & Love,
Bill

Saturday, October 20, 2007

Oct. 17, 2007 Emmett Returns!

Dear Sis~
Around 5pm today, just four hours before Emmett's scheduled execution, the US Supreme Court granted him a stay of execution until they issue a ruling in that Kentucky case which they granted certiorari review to back on Sept 25th. So, Emmett has at least another 5-6 months to live (I estimate the Court will hand down a decision in the Kentucky case around March or April; oral arguments are now scheduled for January 7th). By granting this stay, the US Supreme Court has effectively signaled the states that a moratorium now exists until they hand down their decision in the Kentucky case. Remember, they also granted a stay in a Texas case 3 weeks ago. This does not mean that some stubborn states and/or governors won't continue to sign some death warrants, but the Supreme Court is telling them that they really shouldn't, and if they do it anyway and the prisoner brings that lethal injection issue to them (the Supreme Court), the Court will grant a stay. Some guys may still be executed because some prisoners are "volunteers" (i.e., they've given up all appeals) while others may not even be raising this issue. But, essentially, there is now a de facto moratorium and Emmett will live to see another Christmas, another New Year, and perhaps another Easter.
Love & Peace,
Bill

Sunday, October 14, 2007

Emmett to Greensville-Oct 11, 2007

Dear Sis~
They came and took Emmett away today, back to the death house at Greensville for his scheduled October 17, 2007 execution. You may recall that Emmett (Christopher Scott Emmett) was within 3 hours of execution four months ago when Gov. Tim Kaine unexpectedly gave him a "temporary" four-month stay to enable him to pursue certain last-minute legal remedies challenging the lethal injection process. Well, now his time is up and he's back at Greensville. He lost his legal challenges but, in the interim, just 16 day ago, the US Supreme Court agreed to hear the certiorari petition in a Kentucky case (2 consolidated Kentucky cases, actually) raising the same issue (the constitutionality of the drugs & protocols used in the lethal injection process). In the wake of the US Supreme Court's action a number of courts and governors in several different states (even Texas, surprisingly) have granted stays of execution for prisoners on the eve of their executions. So, right now Emmett has two last chances; either the US Supreme Court may grant him a stay of execution, or failing that, Governor Kaine may (or may not) grant him a stay. Ethically/morally/objectively Emmett should get a stay since the issue he's raising is the exact same issue the Supreme Court will be ruling on in the Kentucky case (oral arguments are set for January 7th, and they'll probably issue a ruling in April or May). But it's no guarantee; in fact it is totally arbitrary. Between now and April/May, some guys will get stays and others will be executed, depending on the particular judges and governors they have. The Supreme Court could (and should) settle this by simply stating that there should be no more executions until they rule on the Kentucky case, but so far, the Court has shown no inclination to do so... Here's a true-life example of how arbitrary and cold-blooded the legal process can be: On Sept 25th, the US Supreme Court agreed to hear the Kentucky case. That same day a prisoner in Texas named Michael Richard was scheduled to die that night and his lawyers were scrambling to file an appellate brief (asking for a stay in light of the Supreme Court's decision to review the Kentucky case) in the Texas Court of Criminal Appeals. But, his lawyers had a computer crash and could not prepare the brief before the Clerk of the Court closed at 5:00pm. They called the clerk and begged him to stay open for 15 more minutes so they could file the brief but the clerk refused. So, the lawyers had to go to the US Supreme Court without a court ruling from the Texas courts. The Supreme Court refused to grant a stay and Richard was executed that night. 48 hours later, in another Texas case, Carlton Turner asked the US Supreme Court for a stay (again based upon the Kentucky case). This time, the US Supreme Court granted a stay, on Sept 27th. So, two guys with the exact same issue, yet one lives while the other dies. (all because of a computer crash which prevented his lawyers from filing a brief in time). That typifies the arbitrary and capricious nature of America's capitol punishment process.
Light & Love,
Bill

Sunday, October 07, 2007

October 4, 2007

Dear Sis~
You may have heard that last week the US Supreme Court granted certiorari review in a pair of Kentucky death row cases in order to resolve the constitutionality of the lethal injection procedures. The reality is that the court's decision will apply across the country because all the 34 states which use lethal injection (Nebraska still uses the electric chair exclusively) use the same drugs and protocols. This decision will settle the issue once and for all, at least as far as any federal constitutional challenges go; it's possible a particular state could hold that the lethal injection process violates that state's own state constitution. This whole lethal injection claim is not one of my favorite issues since you are not challenging the state's right to kill you, you are just saying "you can't kill me that way, with those particular drugs." All the state has to do is alter the drugs and change the protocols a little bit in order to satisfy the objections. Then it's back to killing people, business as usual. Personally, I don't believe the Supreme Court will rule the process unconstitutional. I think they accepted the case in order to uphold the drugs and the process and thus put an end to all this litigation, which has achieved varying degrees of success in different states. Anyway, other states, including blood-thirsty Texas, are now granting stays of execution for guys who are scheduled to die soon, based upon the Supreme Court's decision to rule on this issue. So, if nothing else, it is saving a lot of guys' lives (and may well save Christopher Scott Emmett, who is scheduled to die here in Virginia on October 17th), even if it's just for another 4 or 5 months ...
Check this out; some time back, before the botched Diaz execution in Florida 10 months ago, the Department of Corrections' own lead attorney secretly advised the Florida DOC to start using an electric monitoring device (called a "bispectral index monitor") in order to be sure the condemned prisoner is actually unconscious before the third & final (and very painfulo) drug is administered. Well, the DOC rejected this idea in favor of their own "new protocol", which consists of the following (according to the DOC spokesman, as reported in the St. Petersburg Times): "This new protocol requires a warden from another prison to attend the execution and check the consciousness of the inmate. 'The warden will call out the name of the inmate, shake him and touch his eyelids, looking for reflexes', she said." Yeah, that's right, we don't need no stinking new-fangled machines! We'll just get Jasper to come in and holler at the inmate, and poke him! That's as sophisticated as it gets in Florida (of course right after that, they botched the Diaz execution, just as Diaz's lawyers has predicted. Nevertheless, the DOC still maintains that the bipsectral index monitor is "totally unnecessary", and that their "new protocol" is sufficient ...
Give the dog (or dogs, if you got the new one) a hug for me!
Love, Bill

Thursday, September 27, 2007

Sept 25, 2007

Dear Sis~
I'm sitting on my bunk watching Ken Burns' PBS documentary called The War, a 10-hour film essay on World War II (from America's perspective, anyway). It's particularly interesting to watch the parts illustrating those battles which Dad fought in. As you know, Dad was in the 82nd Airborne even prior to Pearl Harbor and he jumped and fought at all of the 82nd Airborne's major (and minor) battles, from North Africa to Sicily to Italy to Normandy, to Holland where he lost his leg. These old black and white newsreels often show paratroopers streaming out of their transports, or huddled on their planes prior to jumping, and I often look at those pictures wondering if Dad was in that crowd. Anyway, this is an excellent documentary (as you'd expect from Ken Burns), very sobering and devoid of your typical rah-rah, flag-waving jingoism. It reminds you of the one undeniable truth: War is Hell.
Light & Love,
Bill

Sept 25, 2007

Saturday, September 15, 2007

Sept 12, 2007

Dear Sis~
I just received my typed-up draft cert petition, so now I've switched back into legal-beagle mode, diving back into my case to hammer out a revised/edited version. Right off the bat, I've got to chop about 7 pages out (this typed draft came to 42 pages, but the limit is 35). Over and above that, I've got to decide on substantive changes regarding the merits of my issues. Editing at this stage is tough; your natural instinct is to preserve every word, sentence and paragraph as you strive to present your most persuasive arguments - there is no such thing as too much persuasion! But, actually, there is. It's just like editing a novel or short story; the quality of your arguments improve as you winnow out all the redundant words and overly-loquacious reasoning. To obtain that narrow, laser beam-like focus you must cut, cut, cut without regret! Anyway, I've got my work cut out for me for the next week or so.

The other day I was reading the Florida Supreme Court's December 8, 2006 decision in Diaz v. State, a capital case. Diaz was, at the time, under an active death warrant, scheduled to die on December 13, 2006, so this was his final, last-ditch appeal. One of his primary arguments was a challenge to Florida's lethal injection process and his lawyers presented very good arguments supported by a lot of evidence. The Florida Supreme Court rejected all of his claims, essentially saying that Diaz's concerns and fears about how his execution could go horrible wrong were just speculative and unfounded. Well, Diaz was put to death the following week in the now infamous "botched execution" where all the things his lawyers predicted could go wrong came true. It was sort of Kafkaesque reading the Court's opinion, already knowing how the execution ultimately turned out, as the Justices ridiculed Diaz's predictions about how very wrong the process could become, resulting in his very slow, very painful death...

Alright, Sis, I've gotta get back to work. Don't forget to send me a pic of your new dog!

Saturday, September 01, 2007

August 29, 2007

Dear Sis~
Just a note to inform you that I finally completed the draft of my cert petition & mailed it off by Priority Mail last night. It's a big relief to get that behind me (although there will be follow-up revisions & editing. But the heavy lifting is done). I'm really exhausted from the last six weeks of work, a surprising amount of mental exhaustion due to the time constraint pressures and having to digest & analyze hundreds of pages of US Supreme Court decisions (often spending hours pouring over 40, 50 pages just to glean a few sentences or a paragraph to plug into the cert petition at a particular spot). My final draft was 57 hand-written pages, which normally converts to about 42, 43 typed pages. However, the limit is 35 pages, so we've got a lot of cutting to do. My deadline for filing is Oct 12th, which leaves us 44 days from today.

Anyway, Sis, I've gotta rest my writing hand for about 48 hours (this is common after I've written an appellate brief or cert petition or a really long motion or petition). My hand, after the 7th or 8th day gets like a claw! Sometimes it goes numb, the whole forearm and elbow (like tennis elbow), at which point I have to take a 24 hour break before resuming. I'd give just about anything for a typewriter or word processor. I'll write again after Labor Day!
Love, Bill

Friday, August 24, 2007

Aug 21, 2007

Dear Sis~
I've fallen behind in all my letter writing as I've devoted the last few weeks to cobbling together my cert petition. Tonight I received the big batch of US Supreme Court cases which I've been waiting on to finish up. The cert petition has three separate issues (called "Questions Presented") and I've completed two of them; this last one, which is the first one in the petition, is the most complex and difficult to put together. My game plan is to have the whole thing done and in the mail to my lawyers by next Monday morning. It should be typed up and back in my hands by around Sept 6th or so, at which point I can begin editing it for the final version (as my lawyers will be doing simultaneously). Our deadline for filing is Oct 12th, so I'm in pretty good shape. As with any big project, it will be a huge relief when I wrap it up & mail it off. I've got a stack of about 25 unread magazines sitting next to my bunk which I've had to put aside while I've focused on my legal work, so I'll have plenty of reading to catch up on...
When I explained the problem with your computer's speakers to my neighbor, Bill (he's a fairly sophisticated audiophile) he suggested that it is probably your sound card, which you can remove & replace. You can have it checked out by someone, but of course, that will cost you. He said it could be a number of different things, but his best guess is that it's a fault in your sound card. He also said you can go online & look up what a sound card is (if you're interested in learning about it) and see how it can be removed & replaced (it goes into a slot, I'm told). Anyway, I hope that helps. Otherwise, it's time to call the Geek Squad!
Okay, Sis, I'm going to hit the hay (it's just past midnight now) so I can get up early and get back to work. Tomorrow should prove to be a productive day.
With Love, Bill