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Can People Really Change In Prison?

Just ask Spencer Oberg and Vik Chopra.  They’ve been to that “fair” and seen the bear. What suddenly changed them behind bars?  They say it was a “moment of clarity” that overrode the constant barrage of noise and insanity surrounding them in prison. 

They now live successful lives in Washington state as co-founders of “Unincarcerated Productions,” a company dedicated to changing public opinion about prisoners and those who have been released from prison.

Spencer served 8 years for selling and using drugs.  Vik served five years for identity theft and possession of a controlled substance. Both shared the “moment of clarity” that changed them.

  • Spencer:  “I was in a red jump suit in a King County jail after a full on SWAT assault team raid on my house, facing decades in prison at 22 shortly after nearly being kill while being robbed at gunpoint (and accidentally shot at) for the oxycontin I was selling… I wanted to be happy, confident and free, positively impacting people and the world around me…I had a choice: Keep doing the same stupid shit and get the same results or figure out a better way to live.”
  • Vik: “The spark of transformation comes at different times for those of us who were incarcerated…For me, it was getting sober, then realizing as I gazed around my unit in Snohomish County jail, that this was not how my story was going to end. The tale of my life would not be a tragedy.  It would be a triumphant saga of hope, redemption and success. I took my power back as the author of my own story that day…”

My husband – Billy Wayne Sinclair – changed in prison for the same reason after a stunning moment of clarity.  He spent years behind bars after being convicted of trying to rob a convenience store and shooting the clerk chasing him in the dark across the parking lot. The man died.  Then a close prison buddy slit his wrists and committed suicide in the cell next to Billy. As his body was being removed the next morning, Billy had his moment of clarity.

How can we ensure there are more” moments of clarity?”

We need more rehabilitative programs in prisons across the nation that can inspire these moments in all prisoners. A visit to “Unincarcerated Productions,” describes programs it offers inmates to help them change their lives. A Tulane University English professor and acclaimed writer, Zachary Lazar, is making changes in Louisiana inmates with a writing program at one of the state’s prisons.

In mid-2019, Prison Legal News reported that two studies of recidivism rates among prisoners showed very high re-arrest rates. Without more effective rehabilitation programs in prison, society will go on paying the price in lives lost and millions of public dollars spent to keep inmates behind bars.

There could be many more of these “turnarounds” if we had decent treatment for the incarcerated, and perhaps more importantly if we had more programs like Unincarcerated Productions to keep their lives turned around once they reenter the free community.

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Indiana: A state of injustice

Known as the “Hoosier State.”

The slang definition for the term “Hoosier” is not very complimentary, but it is apt for Indiana.

I’ve known two people from Indiana: an inmate in prison and a long lost cousin who contacted me after I got out of prison. Both were crazier than a Betsy bug and avowed racists.

I’ve come to the conclusion that the entire Indiana criminal justice system is also crazier than a Betsy bug and is racist.

Here’s why.

In 2017, Alan P. Friz and his wife, Aimee, were arrested in Dubois County, Indiana on 11 felony counts of child neglect and 11 felony counts of child confinement involving their juvenile daughter. Alan Friz, a local dentist, had four additional sexual assault counts placed against in connection with inappropriate sexual touching of the girl.

Local and national media reports said the couple converted a section of a bedroom in their home into a “lockable cage” where they kept their supposedly “out of control” daughter.

Police mug shots of the couple at the time of their arrest showed them smiling as though they had won the lottery

And they had.

The local prosecutor allowed the pair to enter into a plea agreement to misdemeanor charges this past Monday that gave them a total sentence of 730 days of jail time, credit for six days spent in jail after arrest, and the rest of their sentence probated.

That’s what you call a “sweetheart deal.”

The prosecutor said he believed “closure” was in the “best interest” of the victim.

This dentist and his wife are white folks – and what they received is specialized white justice that is systemic in Indiana.

Indiana has 6.6 million folks living in the state—83.5 percent of them being white and 9.3 percent of them being black.

Indiana sends people to prison at a higher rate than the national average, according to the World Atlas. Indiana’s incarceration rate is 910 per 100,000 people; the U.S. incarceration rate is 716 per 100,000 people.

So Indiana’s criminal justice system believes in sending more than its fair share of people to prison, especially if they are African American.

The Prison Policy Initiative reports that Indiana sends to prison 2,814 black people per 100,000 people as compared to a mere 542 white people per 100,000 people.

The Sentencing Project reports that the national average of the African American incarceration rate is 1408 per 100,000 people.

The ACLU reports that 24 percent of prisoners in Indiana are serving sentences for drug offenses—that’s roughly 12,000 inmates, the overwhelming majority of whom are African American.

But the Indiana criminal justice system could not find a prison bed for the smiling dentist and his wife who denied food, water and sanitary facilities to their daughter during those periods when they kept her caged. Yet the system made extra prison beds for black folks convicted of minor drug offenses, sort of like smoking pot on their front porch.

Fyodor Dostoyevsky, the Russian author who spent four years in a Siberian prison in the brutal 1850s, once wrote that “the degree of civilization in a society can be judged by entering its prisons.”

The Sentencing Project reports that Indiana is one of three states with 11 percent of its prisoners (five times more likely to be African American) serving sentences of 50 years or more.

Yet the smiling, affluent white Dubois County dentist and his wife got probation for caging their own daughter.

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The True Stories of Inmate Suffering Finally Emerging

Every day, there’s a story in the news about the brutal treatment of an inmate or prosecutorial misconduct in a case that has kept an innocent man behind bars for decades.

For me, the stories are a dream come true. For too long, the truth about America’s criminal justice system has been hidden from the public. Outrage is unlocking its secrets. It’s a blessing for advocates of prison reform, because these days, “crime” is getting great ratings. 

According to Variety, “primetime programming at Fox News Channel, MSNBC and CNN rose 8% in 2018…while total revenue rose 4% to $5.3 billion.”  

Prime time crime shows are raking in big bucks from advertisers, including Chicago PD, FBI and FBI Most Wanted, NCIS, Law & Order Special Victims Unit, Blue Bloods, How To Get Away With Murder, SWAT and Hawaii Five-O, among other hugely popular crime programs currently on TV.

It’s prompting news networks and newspapers to cover the real stories behind the bars. NBC Nightly News is a prime example.

In September 2019, NBC anchor Lester Holt went to Angola, Louisiana’s maximum security prison, to talk to inmates and spend 2 nights in a cell.  A few days later, he held a town hall with prisoners at Sing-Sing, a New York State maximum security prison. NBC Nightly News with Lester Holt was “the #1-most watched newscast in the key A25-54 and A18-49 demos for the week of September 2, 2019,” according to the ratings giant, Nielsen Media Research.

Am I grateful that big time journalism is getting the message? You bet.  Because I’m not a lone voice in an abyss anymore. 

After a 25-year battle to free my husband, publishing two books with him  – one while he was still in prison and writing my memoir – “Love Behind Bars:  The True Story of an American Prisoner’s Wife,” I am so glad others’ stories are getting the attention they deserve.

Because America’s prison system is an inhumane mess.

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Love Blossoms in the Death House

I met Billy Sinclair on the 17th of March 1981 in the Death House at the Louisiana State Penitentiary at Angola. I was a TV news reporter doing a five-part series on the death penalty.  In 1981, he was a national award-winning inmate writer for Angola’s uncensored inmate magazine, The Angolite. He had been sentenced to death in 1966 for an accidental shooting after an abandoned robbery attempt in 1965. The U.S. Supreme Court overturned his death sentence in 1972.

We married in June 1982. My privileged background didn’t protect mewhen I became an inmate’s wife. A violated sense of justice was my only compass in his alien world for the 25 years I fought to free him.  But I brought with me the ability to chronicle how America’s criminal justice system shreds lives in the name of justice

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Over that quarter century, I saw through one of the biggest lies ever perpetrated in America—that an unprecedented era of violent crime in the late 20th and early 21st centuries was afflicting the nation and an unprecedented number of Americans had to be imprisoned to stop it. For decades, the United States has had the highest incarceration rate in the world although it only has 5% of the world’s population, it incarcerates 25% of the world’s prisoners.

What I witnessed as an American prisoner’s wife was a kind of selective slavery based on the public’s insatiable desire for vengeance. At its worst, it’s a throwback to the Dark Ages, the Spanish Inquisition or the witch hunts of 17th Century America—eras that glorified brutal punishments for crime. The first order of government is to protect its citizens; not to torture them in the name of justice.

There is no reward for standing by an incarcerated loved one. Love and loyalty sentence inmate family members to years of contempt and hard time.  Revenge, not rehabilitation is the byword at the polls.  It moved across my life like a glacier on vulnerable land for the 25 years I fought to free my husband from prison.  It was there in the millions of goodbyes over the seemingly endless years and thousands of miles that I drove to see him, in the countless nights in cheap motels waiting to see his morning smile, in haunting nightmares about his safety and the fear I felt on the highway alone at night on 600-mile round trips from Texas to Louisiana and back to see him twice a month.  

I was just one of thousands of inmate family members across America enduring the punishment of loving one behind bars. Every weekend, in New York, Houston, Los Angeles and scores of cities and towns in between, across the United States, families board buses before dawn for trips to prisons up to seven hours away.  Others cut back on groceries to save money for gas and jerry-rig old cars hoping they won’t break down on the trip.

Corrections departments don’t care.  They offer few, if any, programs to ease their plight.  They ignore children with parents in prison and how it impacts their lives.  No one can calculate the ultimate cost of America’s War on Crime, or how long it will last.

One day, historians will document the rise of the Prison State in 20th Century America, laying bare the distortions of fact and public hysteria that has given modern society its merciless view of the “criminal class.” Until then, the stories of those nailed to its cross will bear witness to a society obsessed beyond all Christian measure with revenge. 

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“For Life”

A new ABC drama about an inmate wrongfully convicted on a drug charge and given a life sentence. While imprisoned, the inmate character, Aaron Wallace, secures a law degree, works both as a “jailhouse lawyer” and “inmate rep” for other inmates, and is determined to bring down the corrupt prosecutor who sent him to prison by working on behalf of other inmates also wrongfully convicted by this prosecutor.

The prison and courtroom scenes are rather sophomoric but the quality acting by all the characters involved in the show allow you to get past these minor details.

That Wallace has “anger issues” is an understatement. He roils in the stuff. Light a match around him and he would probably wake up St. Louis.

But “For Life” is both timely and needed.

Political corruption, misconduct, and cheating are woven into the nation’s prosecutorial system. There are scores of prosecutors who, despite having a strong case of guilt, will use perjured testimony, manufacture evidence, and conceal mitigating case to secure a conviction for a higher grade of offense. For example, prosecutors turning a non-death penalty case into a death penalty case because it enhances their “conviction resume.”

“For Life” serves an additional benefit besides exposing this kind of official wrongdoing.

The show speaks to the issue of  “jailhouse lawyering.”

The practice of “jailhouse law” received constitutional blessing from the U.S. Supreme Court in 1968. Virtually every prison, even jails, now have “law libraries” staffed by inmates (often referred to as “ inmate counsel-substitutes”) who assist inmates with post-conviction pleadings, lawsuits against prison conditions, and before prison disciplinary proceedings.

Jailhouse lawyers keep the hope machine ginning in the prison community. They work long hours (often under official duress), constantly face official harassment or retaliation, and try to keep under control clients who have little experience or training in control.

I won the first “prisoner rights” lawsuit in Louisiana in 1971 and one of the first in the nation. That lawsuit opened the door to many “reforms” in the prison system and legitimized the practice of jailhouse lawyering in the state’s prison system.

But former Louisiana Corrections Secretary C. Paul Phelps once told me: “You’ve done more to change the prison system with the lawsuits you didn’t win than with those you did win. Good prison administrators pay attention to all inmate lawsuits – they often tell us what we are not doing right.”

That said, Aaron Wallace needs to get his anger issues under control, although there is not much chance he will do that in the coming episodes. He is a man on a mission. Having a mission and the determination to fulfill that mission has made many inmates achieve incredible accomplishments behind bars, not just for themselves but for others as well.

Give “For Life” a view. At least it will make you think about criminal justice. There are enough pro-prosecution/cops shows on T.V. to add another thousand people to the prison system each week. Give, and, yes, share of little equal opportunity with Aaron Wallace as he fights to change a corrupt criminal justice system—one that favors wealth, privilege, and social status over poverty, deprivation and social disenfranchisement.

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