Thursday, June 1,
2017
Achieving victory for constitutional rights against a state
agency feels a lot like suddenly realizing that you actually managed to wrestle
a 500 pound gorilla into submission. There
is this distinct pause, where you’re not sure whether it’s safe to let go and
accept that victory, or whether he’ll flip you onto your back and squash
you. Eventually, it sinks in that you
really did win. Now you have to figure
out what on Earth is next, since it never seemed like you’d really get
here.
For this blog, we’ve been hovering in that pause for a
while, unsure of whether it was safe for us to provide updates without
jeopardizing the inmates involved.
However, we’ve recently received word that makes us fairly certain it is
safe to begin providing those updates again.
Check out the letter to Clayton’s wife from the office of the State of Alaska Ombudsman. In the letter, they
make it clear that they too are, “relieved that the SMU [at Goose Creek
Correctional Center] is no longer being managed as a giant segregation unit.”
What brought us to
this point?
Those of you who have been following our blog for some time
are familiar with the battle we’ve been engaged in. On September 16, 2015, the administration at
GCCC lashed out in what we believe to be retaliation against inmates who were
cooperating with the Governor’s investigation into DOC. GCCC disbanded the housing unit (Mod) that
these protective custody (PC) inmates were being held in, which afforded them a
somewhat similar quality of life to the general population (GP). They were thrown into the Special Management
Unit (SMU) at the facility, and into conditions initially equivalent to
solitary confinement, with no foreseeable release into better conditions in the
future.
Over the next year and a half, Clayton and another inmate became
advocates for inmates in the SMU in an experimental program which allowed them
to discuss their needs with staff more directly. Conditions began to improve in tiny increments
through incredible effort, but some of their basic constitutional rights were
still being violated by conditions they were told would never change. Clayton’s family took the wheel in spreading
word about the violation of these rights as far and wide as they could. The conditions were covered on public radio. Case law clearly outlining the
constitutional violation was provided to the ACLU, the Ombudsman’s office, and statewide
DOC itself. Yet, months continued to
pass with no relief as family and friends watched Clayton and the other inmates
suffer and deteriorate.
On February 1, 2017, Clayton’s wife sent out a call for help
to all his supporters on Facebook. The
post explained:
“Without time for a longer blog entry, Clayton could use some
prayer support. He has been showing
signs of more difficulty for the last few weeks, but vocalized it yesterday
during visitation when he explained, “It’s like a combination of claustrophobia
and intense boredom. Even when I am out
in the big room, the walls are too close.
I eat, sleep, call CJ, go to visitation, and exercise at night. Nothing changes, and I just sleep most of the
time.” Clayton explained that he has
things he could do to occupy his time, but is losing all motivation to do
them. He has almost entirely stopped
writing letters, which he feels intensely guilty about, but cannot seem to
manage to do anymore. He said, “I try to
write something, and then when I re-read it I realize, this is just going to make
them cry. So, I just throw it away
instead.” … I cannot imagine what it
must be like for the other inmates who do not have the support Clayton
does. Despite the reality of time and
seasons we experience, Clayton has not seen snow since his trial in 2015.”
Many people responded to the news with prayer, and words of
encouragement. Then, miraculously, on
February 3rd Clayton called to inform everyone that a poster had
been placed in the SMU allowing a small amount of OUTDOOR recreation time for
SMU inmates each week. That time outside
was a week away, but for inmates who had been waiting for nearly a year and a
half for the chance to stand outside, it felt as if it was a mere blink
away. You can access the earlier
February 12 blog post for more details on how that initial outdoor experience
went for the inmates.
Weeks after the inmates finally had access to the outdoors, Clayton’s
wife, CJ, attended town hall meetings in Palmer and Wasilla which were designed
to provide information to Mat-Su residents about the changes occurring in
Alaska’s justice system due to SB 91. This
was just another part of the activism she does regularly in the state. At the Wasilla meeting, she was shocked by
the venomous nature of the public testimony.
Attendees refused to allow panelists to present their information before
literally just calling out and shouting opinions from their chairs. Many residents were upset about the rash of
thefts which had been occurring in Wasilla, and were speaking as if inmates
were somehow not being punished at all through the current judicial system.
There were shouts of, “Make them all wear pink underwear!”
and “Put a wall between them and anyone who wants to see them! That’ll solve your drug problem!” and “Why do
they get to have visits anyway?!”
Finally, CJ had enough.
Throwing her own voice into the fray, she asked to speak as
an individual who actually had a loved one in prison. Addressing the group, instead of the panel,
she explained that indeed, DOC DID make the inmates wear pink and purple
underwear. Inmates already faced intense
difficulty accessing loved ones. Alaska is experiencing an opioid crisis, and the
addiction problem so many people were referring to like it was a “personal
problem” was in fact, usually exacerbated if not induced by isolation,
hopelessness, and exposure to other inmates in DOC; something all of their recommendations would only make worse. Eighty percent of these inmates, or more,
would eventually be released out into their neighborhoods and their streets
after serving their time. She asked the
crowd if they specifically wanted to make these individuals mentally unstable
before that release, because there were numerous ones like her husband at GCCC
already being held in conditions known to cause mental illness. The crowd grew quiet, and continued their
dialogue with much less venom.
Then, before the next town hall meeting in Palmer, current
DOC Commissioner Dean Williams took a brief moment to speak with CJ.
“I want you to know that I am aware of the conditions your
husband and those other men are being held in, and I’m not happy about it,”
Williams said. “I am working on it, but there’s a lot involved at DOC and it’s going
to take me a little more time.”
William’s words seemed to indicate his support in the tiny
victory they’d achieved in gaining access to the outdoors for the men in the
SMU. CJ tried to encourage Clayton to
have hope for even better conditions in the future.
The events that continued to progress after that were
confusing, but encouraging. We waited to
update the blog until we felt like the SMU inmates were in a much safer
environment, and until it seemed like we could see some kind of comprehensive
picture forming from the random puzzle pieces.
Now, we finally understand that picture.
Clayton No Longer In the
SMU
The next series of posts will attempt to summarize the new
conditions Clayton has been moved into at GCCC.
In short, nearly all of the inmates once housed in the SMU have been
moved into other locations like a giant shell game. Clayton went from almost no options for daily
activity, to an overload of options and space.
He is very excited and his mental and physical health are improving daily. We cannot thank you all enough for your
prayers and support through the many months of torment. Clayton can finally stand in the sunlight,
and is loving every moment of it.
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