NOVEMBER 12TH 2005 -USE OF FORCE
On November 8, 2005 Kenneth Foster occupied a day room and refused to come out in protest against Tony Ford’s state sanctioned murder (and all state sanctioned murder dates in general), as well as the deplorable, ever-worsening conditions here on Polunsky Unit (Texas Death Row).
The administration confiscated Kenneth’s property for 72 hours: legal material, correspondence supplies, all clothing, shoes, hygiene–everything! All of us participating in this non-violent protest against executions and conditions have been subjected to this excessive and retaliatory punishment by the administration.
When Kenneth Foster was finally brought his property after 72 hours, they failed to bring him his writing materials (the same thing they did to me, Gabriel Gonzalez)–this is beginning to look like an intentional thing by the property officer Ms. Hill. They also failed to bring Kenneth Foster some of his hygiene.
Tony Ford has been non-violently protesting his execution. He sits down almost everywhere he goes and refuses to walk. Because of this he was subjected to the same excessive retaliatory punishment Kenneth Foster, Andre Simpson and Robert Will and I have had infected upon us.
However, Tony Ford and Robert Will got treated worse. All of us protesting have been caged on Level 3 status (which is the worst and most restrictive status here on Texas’ Death Row.) On Level 3, you are allowed a shower 7 days a week, one hour of recreation on Monday, Wednesday and Friday. We are allowed all legal/correspondence material, hygiene, state shoes, shower slides, photos, personal letters, books (except for the hardback books)–we can have all of our legal/correspondence/personal property minus: personal clothes purchased from the prison store, no electrical appliances and food from the prison store. And we are allowed one personal religious and media visit a month. We are allowed attorney visits Monday through Friday during visiting hours.
However, Tony Ford and Robert Will were furthered excessively punished: They were denied showers, recreation, personal, religious, media and attorney visits (along with all their property) for 5 days. That was a violation of institutional policy–but most importantly a violation to their/our right to “Law of due process” and the “right to participate in our appeals process.”
Because of this excessive, retaliatory punishment inflicted upon us and the further excessive and retaliatory punishment inflicted on Tony Ford and Robert Will. On November 12, 2005 when I was coming back from recreation I sat down on the run and refused to walk to my cell (in protest), and I let the guards escorting me back to my cage know that this is a protest in solidarity with Tony Ford’s against his execution date, as well as the excessive retaliatory punishment being inflicted on all of us protesting execution dates and the inhumane conditions here. Lieutenant Richie was called to come speak to me.
He came and I began to address him regarding Kenneth Foster’s problem with certain property items not being given to him that we’re all allowed to have on Level 3. He said he’d look into it. What they always say. But nothing ever gets done! I addressed him regarding the unsanitary and recreation yards, the filthy showers that are causing scabbies, foot and skin fungus’, skin rashes, etc. He said they’re trying to resolve that now. We’ve been addressing this to all sorts of chain-of-command for almost 6 years–and this problem hasn’t been fixed yet. I addressed Lt. Richie about the arbitrary commissary system not letting us purchase correspondence and hygiene for up to a month sometimes. The last 2 times I was allowed to go was restricted to stamps only. I haven’t been able to purchase hygiene products in over a month. That’s ridiculous!
I addressed this and many other things that the administration on this unit has jurisdiction over–nothing is improving! It’s all getting worse...
I told Lt. Ritchie that until things change, this protest will continue. I told him that as long as the protest continues they cannot continue to take our legal material and correspondence supplies no matter what institutional rules we break during this non-violent protest. To take legal and correspondence material is to deny a death row prisoner his “right” to “law of due process” and his”right” to “participate in his appeals process.” I asked him how can I write my attorney and participate in my appeal process if I don’t have my legal material nor my correspondence supplies to write my attorney or draw up motions?
Lt. Richie told me to not protest and my things won’t be taken; and that by policy they can take our property after a “use of force.” My reply was, “So what you’re saying is that you and TDCJ policy are above the law handed down by the United States Supreme Court and will break the law and deny me my right to “law of due process?” Lt. Richie’s response was, “I don’t give a damn what the Supreme Court says. TDCJ policy says I can take your property for 72 hours after a “use of force.”
“Well until things change this protest will continue and I’m not walking to my cell–you’ll have to carry me!” Lt. Richie told me what I’m doing is aggressive behavior and justifies them taking my property. What I’m trying to figure out is how I’m being aggressive when I’m sitting on the floor handcuffed not harming anyone in any fashion? He couldn’t answer that. It’s not aggressive.
He left and came back with a 5-man extraction team dressed in riot helmets, pads, bullet proof vests and a 6'4- 270 pound front man carrying a riot shield. The front man was going to charge at me and hit me with the shield had I not told the 5-man extraction team that I’m not being violent-all they have to do is carry me to my cage. They added shackles to my ankles and carried me to my cage. They laid me on the floor in my cage, uncuffed and unshackled me and made me remain laying on the ground until the 5-man extraction team, along with Sergeant Henderson (who was instructing the extraction team) backed out of my cage and closed the cage door.
When the team was carrying me into my cage, one of the guards on the team grabbed one of my bags of property and asked Sergeant Henderson if he wanted them to take my personal property. Sergeant Henderson told them no. My property was not taken this time–I don’t know why just yet.
However, I’d like to address why they take our property during protests or anything that in their distorted “totalitarian” view constitutes aggressive behavior. When one is fighting injustice and trying to expose the truth, a repressive totalitarian system will try to suppress you and crush you. By taking our correspondence supplies we can’t write about what they always try to use. By taking legal material and correspondence supplies it can cause a death row prisoners to miss appeal deadlines that will literally cost him his life on appeal on something technical. The administration here knows this and would like to see it happen.
That’s been proven by statements made to comrade Tony Ford by Warden Hirch. Such as, “I’ll be glad when they execute all you mother f*****s!” Statements like that by Warden Hirch show their mentality and indifference towards death row prisoners–and shows you that they understand our legal ramifications and intentionally try to impede on our legal pursuits because they want to shut us down speaking the truth and exposing their, as well the courts, injustice on death row prisoners.
Truth goes through 3 phases: First it is ridiculed (which is what TDCJ is doing with the word games they’re playing on paper regarding our non-violent resistance and how they want to distort it into violence) second: Truth is violently opposed (which the administration is doing with their “used of force” and “excessive; retaliatory punishments” like stripping us all our property and leaving us naked in cages for 72 hours–and sometimes longer) And third: Truth makes itself self-evident. Thus, we will remain unceasingly relentless in this protest and expose the truth which will show itself to be self-evident!
On The Rise!
Gabriel
D.R.I.V.E.
DEATH Row INNER-COMMUNALIST VANGUARD ENGAGEMENT
