Showing posts with label Alliant Techsystems. Show all posts
Showing posts with label Alliant Techsystems. Show all posts

My Day-To-Day Report on My Time in Jail


Report From Inmate # 00712398 by Steve Clemens. June 26-July 2, 2012
(Note: this is written stream-of-consciousness style each day from my cell)
Day 1, Tuesday (June 26, 2012) Cell number 165 on the first level of A Unit at the Hennepin County “Workhouse” (technically the Adult Corrections Facility but I’m not sure how much “correcting” they plan for me) is smaller than what I remember from my sojourn here 10 years ago. This cell is only 6’ wide and just less than 8’ long with a stainless steel toilet (sans a seat) and a porcelain sink mounted to the wall that diminishes some of the precious floor space. The wall-mounted “table” and “seat” are really just 12” wide shelves that also jut into the space not taken up by the metal bunk.
Each cell has a 3’ fluorescent light mounted against the wall and ceiling opposite the bars and sliding door and there are two settings: bright for reading and a dimmer setting on all through the night which is also the default setting when the bright function isn’t activated. Two sheets, 2 blankets, and a pillow case were issued by the dressing officer along with a “hygiene bag” of small bottles of shampoo, deodorant, a plastic razor, comb, cheap flimsy toothbrush and toothpaste. Someone has a sense of humor: the brand of shampoo and deodorant is “Maximum Security”. My cell overlooks an 8’ wide walkway with a view of 2 blocked up window openings. (When I’m able to get out of the cell the next day, I discover that the windows on the second and third tier above me are obscured glass so you can at least see if it is daylight or not if you are on those levels.)
The dressing officer would not let me keep my Bible since it is hard-cover “and could be thrown from the 3rd tier and injure someone” – even though my cell assignment clearly shows my cell to be on the first tier/floor. I was able to convince him to allow me to keep two pencils and some sheets of paper – provided I rip them out of the tablet. My stick pens, toothbrush, and my sneaker-type shoes are not allowed despite the sign which says “ask if your shoes can be worn inside” on the wall of the holding area outside the dressing room. (I later discover many inmates have their own shoes – not significantly different than mine. The officer didn’t even look at mine before saying “no”.
The dressing room officer was in a hurry since he told us a “big group” was arriving soon so I assume that is why David and I didn’t have to take a shower and undergo a strip search like everyone else does. David had to undress in front of the officer; he didn’t even look at me while trying to rush through the process. After telling me I couldn’t keep my own shoes, I am issued sneakers with absolutely no arch or support whatsoever. I now have a one-piece jump suit with metal snaps and AFC stenciled on the back and stretched out underwear briefs and socks. 
Although I have a letter from my primary care physician documenting my need for ibuprofen for back pain, the tablets I brought were placed in my property bag with my street clothes and Bible and I was told that the doctor’s papers would be sent to the medical office – but they had not arrived down the 60’ hallway during the hour I sat outside that office awaiting my “physical”. It consists of height, weight, blood pressure, pulse and oxygen level, and a TB skin test since I will be there for 7 days or longer. Questions to be sure I’m not suicidal are asked – better asking me now rather than after a few mostly sleepless nights!
Since my Bible has been deemed verboten, I write down all the names of my Iraqi and Afghan friends that I could remember for my prayer list for the week. (I had written them in my Bible so I wouldn’t inadvertently leave someone out.)
It was wonderful to have a group of 30 friends in a circle together to bless David and me before we walked to the front of the jail to report in by 11 AM. We had first gathered at a remaining ATK site in Plymouth for a half hour before driving to the Workhouse. We had our community circle for singing and sharing at both locations. Roger brought his fiddle and Sr. Jane played “the only song she knows” on the harmonica as we sing along. Susu lit some sage and each person had an opportunity to say something before David and I stepped into the center of the circle for our traditional singing of “Rainbow Person” followed by a song Tom and Pepperwolf learned in Columbia where peace and justice advocates sing, “Courage brothers, you do not walk alone; We will walk with you and sing your Spirit home.” If only all prisoners were so blessed with a group of friends and supporters before walking into jail or prison!
I’m so grateful that Christine and Zaq were able to be part of this send-off. (I feel greedy in that I already had a blessing/send-off from my faith community, The Community of St. Martin, at the end of worship on Sunday evening.) Another long-time peace activist I lived with in Georgia more than 35 years ago called me from a speaking trip in California last night hoping to catch me before jail and wish me well.
We were given a bag lunch of an apple and two white bread sandwiches with meat and cheese while awaiting the dressing officer. Supper is delivered to my cell: canned green beans, 3 small biscuits, 2 scoops of mashed potatoes with tiny pieces of chicken in a gravy, a half of a canned pear and two cups of Kool Aide-type fruit “juice”.
The jail has a for-profit medical service named Corizon. One of their staff – likely a nurse but I hadn’t seen her before – goes by about 10 PM to ask if we are “alright” and to deliver meds to those on this tier. I should ask for earplugs (although I know the request would be useless) because the talking between cells is incessant. It makes it a real challenge to think, read, meditate or pray. The talking is loud because all cells face the outside brick wall and the sounds just reverberate from them.
I’ve felt chilled ever since David and I checked in at 11 – so cold I had put on my long-sleeved shirt before I had to surrender it to the dressing officer. The air conditioning must be set for the comfort of the guards and staff who obviously have clothing better suited than us. I thought when I was issued 2 “blankets” that at least one could help bulk up the pathetic excuse for a “pillow” or could be used to brace the small of my back while sleeping but I think I’d need at least one to rap around me even while sitting in my cell to keep from getting really cold. The “blankets” are more the consistency of flannel sheets than a real blanket that I had been issued in other jails and prisons.
Here is another new wrinkle: at the booking desk after my photo and electronic scan of my fingertips, I’m told there is a $30 “booking charge that comes out first of any inmate funds on the books.” I had brought in $40 so I might be able to buy some candy bars at commissary to give to other guys as a thank you for a kindness or other courtesies. (I learn the next day that all “canteen” requests must be made on Sundays for a Tuesday or Wednesday delivery so I couldn’t buy anything anyway.) Seems our society finds ways to “nickel and dime” inmates wherever possible. I’m told that any medications are charged to the inmate as well as anytime one requests to see the doctor. Next time I’ll have to consider getting locked up in a nation which has universal health care coverage!
Since I have nothing to read I called out to some inmates (aka “residents”) who walked by my cell with some books on top of a vacuum-like device, asking them if I could get me a book or two. One of them handed me a James Patterson novel from the Women’s Murder Club series so I spent most of the evening alternating between reading and napping. (I have no idea what time it is since I can’t see a clock but I discover if I look out my bars on an angle, I can see an opaque window down the cellblock to see if it is dark yet.
I continued reading in the middle of the night when my sore back wouldn’t let me sleep until a guard came by at what I guessed to be 2:30 AM with an armful of books and said, “These were dropped off for you last week [by the librarian] and I’m glad to get these off my desk.” What a treasure trove: A Testament of Hope and A Call To Conscience by Martin Luther King, Jr., Pillar of Fire and At Canaan’s Edge by Taylor Branch, and Master of the Senate by Robert Caro. All together, a stack of books nearly a foot high!
Day 2, Wednesday. Breakfast in my cell consists of 3 slices of white bread toast, about 2 tablespoons of peanut butter, golden graham cereal and 8 ounces of 2% milk. I pass two of the pieces of bread to cell 164 after asking him if he wanted it. [I later learned his name and he told me he’d gladly take any extra food since he wanted to put on some weight.]
The CO (Corrections Officer or guard) tells me I must be here on this tier for a minimum of 36 hours and “clear medical” before being moved “upstairs” into general population. We are told we will also be able to get a towel and take a shower by 1:30 PM. Orientation upstairs is conducted for 6 of us who came in yesterday and on our tier. (David and the other guy we were booked with aren’t in our group). Different staff go over some rules and regulations, give us a reading comprehension test; we meet a Chaplain, Chemical Dependency person, etc. Most of the programs they offer won’t apply to me because it takes over a week to get put on the list to participate. I would have tried to attend one of the Bible study groups just to see what it is like but apparently you can’t do that if you are here only 7 days. (How will I ever be “corrected” if I’m not here long enough to be part of their “programs”?) The automatic “good time” for 10 days limits my stay to 7 days unless I’m “written up” by a staff member for rule infractions like more than 5 books or magazines, more than the allotted clothes, sheets, towels, excessive cursing (never enforced while I’m around!), food in your room from the dinning area, …
Lunch in my cell (room service!) consists of cup of vegetable soup (with only 2-3 small pieces of actual vegetables, 2 packs of saltines, some cucumber slices in a dressing, a 5” pizza, and ½ pt. of milk. We are let out of our cells for 45 minutes to get a shower at the end of the tier (right in front of the guard station), a change of clothes, walk in the hallway, and/or make collect phone calls from the 3 phones on the wall. I am able to get a T-shirt and that really helps keep me warmer.
Supper is 2 hot dogs in rolls, baked beans, ½ of canned peach, and 2 cups of Kool Aide.  I finish A Call to Conscience, a collection of MLK’s speeches and continue with my other books about and by King. The story behind “Letter from Birmingham City Jail” is fascinating. It was almost totally ignored in the mainstream media until a month or two later when the school children starting filling up the jails in that Alabama city. When Sheriff Bull Connor released attack dogs and water cannon on grade school and high school children, finally some press started to pay some attention. I sleep only intermittently my second night.
Day 3, Thursday. Breakfast is a reprise of golden graham cereal with ½ pt. of milk, a bagel (not NY style!) with jelly (not fruit preserves) and a canned plum. I’m hoping there is a little more nutrition once we hit general population today. Last night was another rough night. When I begin to drift off to sleep, the inmate from a cell or two down from me (it’s hard to tell) starts singing – first a Bee Gees song, followed by several others by Paul Simon, and other artists I don’t know. Not too bad in quality but I really hadn’t decided to attend a concert that evening. Another inmate several cells in the other direction screams “Shut the fuck up!” several times during each number. After the concert petered out, someone started yelling for a hammer. (Was he off his meds?) It took about an hour or more for the yelling back and forth to subside.
The nurse handing out meds said she’d be back before she got to my cell but then didn’t return. The nurse this AM told me he knew I had an order for ibuprofen but only gave me 400 mg and said I could keep it for tonight. I doubt that ½ my normal dose will help very much. The 1 ½” plastic mattress and the pathetic pillow (1” x 8” x14”?) don’t cushion the steel bunk very much so I double the mattress by my head and use one of the blankets to wedge against the small of my back to ease the pain. As it is, I get no more than 15 minutes before I need to turn to another position. Every couple of hours I sit up or get up and pace the cell (3 steps, turn, 3 steps) to loosen my back and leg muscles. At least about 7 AM I’m able to have my first, partial bowel movement on the cold stainless-steel toilet – first in 47 hours. I feel like I’ve accomplished something. (Jail expectations aren’t very high.)
I wish I had tried to bring in my Muslim prayer beads that I bought in Baghdad in December 2002. I used them after the war started 3 months later when I went to pray for an hour every weekday in Senator Coleman’s office as I fasted for the first 35 days of the war. Somehow the tangible beads gives me a better connection with the Iraqis  (and Afghans) I pray for. I doubt the guards would allow me to bring them in but I should have at least tried.
I’m waiting for our cellblock officer to tell us we will be moving to general population this morning. If I get to the second or third tier I might be able to see if it is daylight outside or maybe see the clock which is visible from about 4 of the 16 cells on the two upper tiers.
Reading Pillar of Fire, I’m reminded how easy I’ve had it with all my arrests. Other than handcuffs too tight, pepper spray in the air, or trying to get in and out of the narrow space (for me) of a cop car or paddy wagon while handcuffed from behind, I at least have not yet been clubbed, bitten by K-9 dogs, or had my life threatened by angry mobs. Well, I was concerned when “trained” security guards pointed their automatic weapons at me and screamed to stop in Texas 31 years ago. It gives me all the more respect for the courage of Bob Moses, Diane Nash, James Bevel and the thousands who joined them in the deep South, Chicago, LA, and other battlegrounds for civil rights.
I wouldn’t call being in here “suffering” per se. The feeling is more discomfort and definitely being out of “control” of one’s own schedule, meals, dress, and even movement. It is the sense of uncertainty, the unknown, being at the mercy of others – be it orders from the guards or the inability to remove oneself from the idiosyncrasies of other inmates. Clearly some here have mental health issues and regulating medications becomes more complex here with new charges to see a doctor or nurse practitioner as well as charges for medication. Certainly mental health concerns are exacerbated in here. The Native American a couple of cells west of me was grunting and screaming about 6 AM giving orders to someone else (maybe there was a medical person with him or he was just hallucinating) yelling for a sledgehammer. I think the calls last for a hammer (non-sledge?) last night were from a cell in the other direction. But who knows? Maybe my own ability to discern directions (or reality?) is hampered in here.
The concert from the next cell continues. Ain’t No Sunshine When She’s Gone; followed by Slip Slidin’ Away, Ventura Highway. The singer is cell 164, an African-American I finally met when we got out for a shower; the guy who asked for my extra toast yesterday. Lunch is ¼ baked chicken, white rice with gravy, cooked broccoli, 3 slices of white bread and ½ pt. of milk. I was hoping this meal would be in the dining hall but I haven’t been moved yet.
The wait continues. We are able to sweep and mop our cell during our 1-hour shower/rec time. We are able to get a change of clothes as well. Supper is chicken salad with 5 slices of white bread (as usual I pass virtually all my bread to my musical friend), a tiny salad with a piece of lettuce and 3 cuke slices, cherry Kool Aide and ½ of a canned peach. We also got a new batch of inmates for this “holding” area which one of the officers describes as a “48 hour hold”. Since it is now 6 PM, it is going on 55 hours for me. The CO did confirm that my “out date” is July 2. The new guys always seem to be excessively loud – and the loudest group is now next-door in cells 166,7, and 8, I think. I wish medical handed out earplugs but I did score two more ibuprofen which I save for tonight.  
People whose personalities are annoying on the outside are downright obnoxious and aggravating in here. I’ve heard enough talk of “bitches” and my Baby Mama” to last me a lifetime and they’ve only been in this cellblock for an hour or so. The noise level is painful – several decibels louder than the first two nights in this slammer. I’m hoping for a visit so I can get a respite. It is difficult to read because of the continuous rapping and yelling.
Day 4, Friday. A relatively decent sleep last night – must have been the ibuprofen I got yesterday. After the shouted trivia game ended (about 11 PM?), things quieted down considerably and except for the guards walking up and down the hallway on a regular basis and going in and out of the door to this unit, it was calm enough to try to sleep. It is quite disorienting to never know what time it is but looking out the bars on a severe angle I can see it is finally daylight outside. It could be 5:30 or 7AM. I haven’t had breakfast delivered yet and I think that happens about 7:30 or 8. Hope (again) to get moved today but I’ll just have to wait and see. Part of the jail experience is to remind you who is in control – and it’s not me.
A guard threatened the 3-4 new guys who were rapping at such an awful loud rate that they needed to shut up or they would be shipped to segregation because the guys on tiers 2 and 3 were workers and needed their sleep. So I had about ½ hour of relative calm before that trivia questions started – and, of course, the only way to be heard was to shout out one’s answer or question. Since none of us can see each other and we’re spread over a cellblock about 100’ long, shouting seems to be the preferred form of communication when not face-to-face.
A paper was put on the bars of my cell overnight which informs me that I won’t be classified (for approved work inside or out) because my sentence is too short. You need to be classified Level I to work outside the jail or Levels II or III to get a job inside here or on the immediate grounds. Most guys who work outside are kept in Unit A because it is supposed to be quieter. I’m hoping if I’m moved that I’ll stay in this unit but, again, I’ll have to wait and see.
Typical prison bureaucracy: nurse told me today I had no “order” for ibuprofen and refused to give me any despite that fact that 3 others had already done so. Breakfast is 3 slices of white toast, 2 tablespoons of peanut butter, ¾ cup of rice krispies, ½ pt. of milk, and 3 halves of canned apricots. Hopefully those who work get more sustenance than we get.
Moving day! Finally! I moved across the big central hallway to cell 464 on the B Unit. I’m still on the first tier and still on the south side of the building. My mattress looks relatively new (a full 2”?) and my seat-less toilet is a Kohler porcelain model. My cell is the same size with a mirrored image of my first one with the steel bunk on the west side and the shelf-like seat and table on the east. There are opaque windows outside my cell so I’ll be able to tell daylight from night without getting out of my bunk. The noise level is definitely louder during the day since most of the workers are in the other unit. There is an older African-American in the next cell who is already counseling one of the younger inmates next to him. It is 11 AM and I’m more than half way through my stay here.
The announcements over the loudspeaker are loud and too garbled for me to understand. Someone said something about “personal time” but if it is already 11, I doubt if we’ll get out before lunch. I’m hoping to find a pencil sharpener. Well, something new (for me). I thought getting into general population would mean getting (better) meals in the dining hall but carts just rolled by with what looks to be our lunch. They are pushed by the same inmates who gave us meals in our holding cells. Now, 5 minutes later, they go by in the other direction and out into the main hallway. I don’t have any idea of what to expect. [Later I learn there are a few guys with disabilities on our unit who must get meals delivered to them.]
Don’t judge your mattress by its cover. It looks newer and better but actually has less cushioning than my previous one in 165. And the guy next door snores when he sleeps. It reminds me of the night I spent in the Columbus, GA jail after my School of the Americas bust in 2005. Sam Foster had the loudest snore I’d ever heard. We didn’t get to our big cell area until after 11 PM and by midnight he had everyone awake and complaining about the noise he made in his sleep. Only tonight will tell if #463 can compete with Sam. So far, it seems the noisiest guys are at the west end of the cellblock and I’m the 5th cell from the east end. Time will tell. (Although I won’t know what “time” it is with no clock in sight.)
12:15 PM (according to the clock in the dining room) – a hot lunch! Eaten out of the cell. On a tray rather than with a paper plate and with a red spork rather than the flimsy white one. We have chow mien with noodles, white rice, cottage cheese, canned pears, 3 slices of white bread, and milk. Looking at other trays when I sit down at the tables in the dining area, I notice I didn’t get any of the cooked veggies – carrots, broccoli, and cauliflower. I missed the guy who was slopping it on the trays so I’ll pay better attention next time. You just hold your tray under a glass which serves as a type of sneeze-guard and a kitchen inmate worker slops it on your tray. Once you leave the serving line, you can’t go back for something you missed and there is at least one guard supervising the servers to make sure they don’t sneak extra to their buddies. I sat by myself, waiting to get the lay of the land – see if there is some kind of territorial or pecking order established. Looking around the room, I’d estimate that B unit appears to be roughly 70% black, 15% Native American, Asian, or Latino, and 15% white. The noise level really starts to build as most inmates finish eating. We have 30-40 minutes to get our food and eat it so you don’t want to delay getting out of your cell and walking down the main hallway to the dining area.
I’m spoiled already. It is 3 PM and I’ve been out of my cell twice already: lunch and now, “personal time” where I can shower, use the payphones, or hang out in the mess hall where some of the guys play a very animated game of cards. Others just sit and talk. I ask a guard if the library is open but I am told it is not “at this time”.
Supper was beef and macaroni casserole, coleslaw, grape Kool Aide, canned yellow beans, and 3 pieces of white bread. I was surprised to see St. Clair, a guy David and I met in the dressing room when we were processed on Tuesday, who thought he was to get out on work release but the paperwork was wrong and he got locked up in the same holding area as me. He tells me he did get out later on Tuesday to correct the mistake and by Wednesday he was able to work outside at his existing job. Unlike me, he told me he has slept well here – luckily he remains in Unit A where it is definitely quieter. I was in Unit A for my whole week 10 years ago but it is hard to remember how I felt then.
We get out for “recreation” tonight but someone told me that inmates can’t go outside to the rec yard on Friday nights so we are released to the dining area where the round stools fastened to the tables like in grade schools are not very comfortable. I’m told the library will open “soon” but 15 minutes later I’m told it won’t be open tonight. I watch a re-run movie on TV that has closed-captioning and do some walking between commercials. By 9:50 PM we are ordered back to our cells for the 10 PM “count” and remain there for the rest of the night.
Day 5, Saturday. Last night was a so-so night. I had 2 ibuprofen left that I took at 10 and they helped for the first half of the night. I got up as soon as daylight appears and it is still nice and quiet. I’m pleasantly surprised to see two envelopes with their stamps torn off placed on my cell bars. I can tell by the writing without even looking at the return addresses that they are from Christine and my friends June and Carolyn. What a wonderful gift! Christine’s writing is on a card that our Iraqi & American Reconciliation Project sells to support the work of Sami Rasouli and the Muslim Peacemaker Team in Iraq. It is so appropriate since I’ve taken time each day to pray for my friends in Iraq and Afghanistan. She tells me she arrived to visit me on Wednesday only to be told that I couldn’t have visits “for the first 7 days”. It just figures – during the time when a visit is probably the most important, one’s first days of adjustment, - these bureaucratic bastards need to flex their muscles all the more to make sure we are “punished for our crimes.”
June has typed her letter on her old typewriter. She and Carolyn are the thriftiest people I know – she’s typed it on some recycled paper that is dated January 2004 on the backside. She describes (among other things) that they went to a gathering sponsored by The Center For Victims of Torture (CVT) on June 26th to stand in solidarity with their clients on the International Day to recognize those who have been tortured. Thank God for their healing work; now can we have political leaders push for holding those who ordered and allowed it to be held accountable?
It is really striking to notice the differences between the guards with even such short exposure so far. Some are helpful and considerate (even if firm) while others display open contempt or hostility. I’m not here long enough to get to know any of them but it is clear that there is little consistency on which rules will be enforced and which ones can be openly ignored. A number of inmates are wearing their own sneakers yet my dressing officer said it was out of the question. You can buy stick pens in the canteen/commissary yet my officer told me “no pens are allowed”. My hard-cover Bible was forbidden yet in the chapel area was a large print Bible you could take to your cell – it was hard-covered and 4 of the 5 books I got from the librarian are hard-cover and all but one are bigger than my Bible.
I just saw my 4th female guard in here – at least I wasn’t sitting on the toilet like I was when the first woman guard came by for “count” yesterday. A clock or watch would be helpful for those important decisions of when to go to the bathroom with at least a little privacy. As it is, I just turn my cell light to the dim setting when on the can. From my many other jail experiences, it is the inconsistencies between staff members that is the most difficult. For example: when one nurse says, “I’ll give you a couple of ibuprofen even though it isn’t on your chart” but the next one is cold and legalistic, you project ill-will on the second even though she is just following protocol.
Reading Pillar of Fire has been a great choice in here because I am so inspired by the civil rights pioneers who blazed a path for many of us. Even though I am only reading about the period of 1963-65 in this book, it gives me all the more admiration for the gift that my friend Marv Davidov was for us in the Twin Cities. “Blessed solidarity” was the phrase he’d say to me about his experience in the notorious Parchman Penitentiary Farm in Mississippi where he landed because of the 1961 Freedom Rides. If only this book had been written before my own experiences in Mississippi during the summer of 1974, I would have certainly had a better clue about some of the people I met/encountered (from both sides of the freedom struggle). I was fortunate to be a late and very small part of that important history. When I traveled to Philadelphia, MS to help rebuild a 3-time fire-bombed Mennonite church building, I was surprised to learn that members surmised that this time it was over their advocacy and partnerships with local Indians rather than blacks that made them a target. 
This will be my last breakfast here. On Sunday there is only a brunch and supper. Today we had a warm bagel with strawberry jam, a package of cereal (we had a pick of 3 different kinds!) with a ½ pt. of milk, an orange, and coffee. Coffee is only available at breakfast here and it is interesting to see how much sugar some of the guys dump into theirs. The dramatic rise of the noise level after the guys are finished eating continues to amaze me. One of many things I’m curious about: each cell has an electrical outlet but there are no items for sale from the canteen that has a power cord. It is possible that the outlet might be needed for maintenance if they have to plug in a power drain opener to unclog a sink or toilet. I guess I’d have to stay longer to find out; I’m content not to know under those circumstances.
We got to file out of our cells to exchange our sheets and pillowcase although I discover one of my “clean” sheets is pretty threadbare making me wonder how it will hold up for two more nights of tossing and turning. When I see the knots in the ends of one of the sheets, I remember the old prison trick of creating a “fitted” sheet to be used on the bottom. I use a technique I first learned in 1981 in the Potter County Jail in Amarillo, TX: fold the top edge of your pitiful mattress back on itself to double as a pillow; your feet don’t need the cushioning as much as your upper body. I alternate reading and napping until lunch. For lunch we are served a hamburger patty with cooked onions, mashed potatoes with gravy, cooked carrots, milk, and 3 slices of bread. This is the first time I can choose between white and wheat bread although it is NOT whole wheat.  
Saturday afternoon is visiting time again and I can only sit and hope someone is allowed to visit me even though I now have only 41 hours until release time.
Hallelujah! It is a great afternoon. At lunch they posted the cell numbers for the 10 or so who had visits that began at 12:30 and number 464 was not on that list. After returning to my cell, an officer came by and told me to report to medical- no explanation given. When I got there, the nurse told me I needed to get a physical. After checking my blood pressure, height, weight, and pulse/ox, the doctor told me to come into his exam room. I told him I had just had my annual physical last month and I would be released by 6 AM Monday morning. He still checked my eyes, listened to my heart and lungs, and asked me some health history questions. I told the doc about my back pain at night and that I had submitted a letter from Kevin Kelly, my primary care physician about my need for ibuprofen. He scoffed at the mention of the letter and told me “You can buy it from the canteen.” I explained that I couldn’t since canteen orders had to be placed on Sunday for pick-up on Tuesday and I was leaving on Monday. Graciously he ordered the nurse to give me 12 tablets to last me until release – great!
As I returned to the cellblock, the CO told me it was rec time for B block and I could just turn around and go outside. I asked but told I couldn’t go back to my cell first to get my book. My toes have been rubbing in my flimsy sneakers so I didn’t want to walk too much so I just sit at one of the 10 picnic tables which overlook the 12 payphones, 3 horseshoe pits, a volleyball court, and a basketball court where immediately two half-court games start up. This area, roughly 80’ x 140’ is enclosed on two sides by the prison building and a 12’ high chain-link fence topped with concertina/razor wire on the other two sides. The sun is out with a vengeance and I risk sunburn since there is no shade at this hour and no hats – but the heat and light of the sun feels terrific. I’m only out 15 minutes or so before the loudspeaker announces a visit for 464 and several other cells.
After waiting about 5-10 minutes for a visiting space to open, I’m assigned phone #15 and Christine comes and sits opposite me, divided by panes of plexiglas. We are supposed to have 30 minutes but due to the number of visitors we only got about 20 before the CO announces our time is up after a 2-minute warning. I’m so glad she is able to visit and had the gumption to call yesterday to verify that her previous message was true that I couldn’t have visitors for 7 days and was told I could now have visits. Zaq would have come with her but scored free Twins tickets just before leaving so Christine dropped him off at the ballpark en route to the Workhouse. She told me briefly that David Harris had sent out an email account of his two days’ experience so we’ll have to get together to compare notes when I get out. The visit is brief and I have less (none) physical contact than I had with a 6-month sentence back in 1981 – but at least I wasn’t strip-searched after this visit. In 2006 in the Federal prison in Duluth, I only got an aggressive “pat-down” after a visit. Here, because there is no contact, one just walks back to the cellblock, or in my case, back to the rec yard. I only have another 15 minutes or so outside before the time is up but I feel blessed. Now, after being locked up again for maybe ½ hour, the bars open again and we’re told we can take a shower. It is likely there was a “count” between the two activities – it would be nice to have a printed schedule but I guess you learn it after a few weeks. We were supposed to be issue a “blue book” at orientation but are told they are out of them “for now”.
The old-timer in the next cell tells me we’ll be locked in for the night after our supper. Hopefully my supper of 2 small beef burritos, Spanish rice with some type of “gravy”, coleslaw, jello with pieces of canned fruit, and a cup of some fruit juice (or juice-like drink) will last me until “brunch” tomorrow. He tells me we’ll eat about noon and (hopefully) get out for rec and a shower in the afternoon. (Rec time is always alternated with Unit A so we’re never out at the same time.) I’ll have to make the most of my last full day. This evening I finish Pillar of Fire and commence On Canaan’s Edge about America in the King Years, 1965-1968. Even though I know how the story ends on that late afternoon in April in Memphis, the stories are riveting and inspiring, although many are depressing as well. It reminds me how little my political awareness was in my early teenage years.
It’s Saturday night and the natives are restless. For the past hour or so there is loud shouting, arguing back and forth emanating from the west end of the cellblock. I have no idea what the argument is about – just that the yelling is so vociferous that either the CO has earplugs, a turned-off hearing aid, or is in a different part of the building. So now guys on my end of the block are screaming, “Shut the fuck up!!!!” and liberally using the n-word to describe the guys who appear to be leading the verbal barrage. Since we don’t eat until late tomorrow, I wonder how long the noisy ones will be up tonight. I’m trying to read about the Selma to Montgomery march but it is hard to focus with all the commotion.
Day 6, Sunday. Another fitful night. My back, neck, shoulders, and leg hurt lying in the steel bunk so I might as well get up since it is light outside. I have no idea of the time but a guard just walks by and tells me it is 10 before 7 when I ask him. They won’t talk to you if it is during “count”. I had gotten up in the middle of the night to take some more ibuprofen and then write a short essay for my blog while it is quiet and I could think. Actually the middle of the night is the best time in jail because it is quiet. I wonder if Dr. King had to wait until the wee hours to scribble in the margins of the smuggled-in newspaper on which he composed his “Letter From Birmingham City Jail”? I know he polished up the essay a little after he was released but I wish I could write so lucidly even when I’m not locked up.
In the quiet of the middle of the nights here I often sing to myself some of the Bread For the Journey songs my friends Brett, Ray, Linda, Tom and Mary have taught me over the years. In Sunday night’s worship a week ago, Mary led us with one of Brett’s songs which goes “Listen, listen, be open oh my heart” and repeats several times. It becomes a mantra to help focus on why I am here and helps me to remember to bring my Afghan and Iraqi friends to the front of my thoughts and prayers. But I also pray in gratitude for the many friends and mentors who have blessed me on this somewhat unusual journey.
I’m moved by the stories of courage and tenacity shown by the many unnamed hundreds and thousands who marched in Selma, AL in March 1965. I was only 14 at the time and have no recollection whatsoever of the titanic struggle going on for the hearts and minds of America over the plight of “negroes” and voting rights. However I do remember one of the other battles that Dr. King was opposing: the escalating involvement militarily in Vietnam and I’m ashamed that I found myself on the wrong side of history back then when I remember debating Dave Bicking in junior high school on why we should be fighting in Vietnam. I had gotten all my “facts” from US News and World Report and other conservative sources in my parents’ home that led me to believe we had to protect Christian missionaries from being overrun and killed by godless communists.
Reading Taylor Branch’s trilogy gives me a much clearer understanding of the agony President Johnson went through in wrestling with Vietnam, civil rights, and poverty issues and his tragic choices. I’m so glad I’ve had these books delivered to me, as the library has not been open whenever I’ve been let out for recreation or personal time yet.
The bars just rolled open for “church services only”. The announcement over the loudspeaker was so garbled that I had to ask the guy next door what they said. I didn’t have enough time to seriously consider it before the bars closed again. So I guess I’ll just meditate with St. Martin again. (The Community of St. Martin was named after several Martins, Dr. King being one of the 5.) Besides, I’m at the part of At Canaan’s Edge where King is marching arm-in-arm with Rabbi Abraham Joshua Heschel over the Pettus Bridge in Selma and I’m with them in Spirit.
At orientation on Wednesday I was told they were out of “the blue booklet” which I think contains a list of schedules and programs run in this prison. We were told that chapel, meaning Christian, specifically Protestant, worship was the only “program” you didn’t need to be on a call-out sheet to attend. And it takes a week after you put in a request to get on the list for other “programs”. Tough luck at least for the first week if you are Muslim, Jewish, Catholic, or practice Native spirituality – all of which are scheduled on other days.
It is now 10:15 and I’m back from brunch with my pencils sharpened. A slice of ham, 4 baked chicken wings, a cereal-bowl-sized salad with dressing and imitation bacon bits, a semi-ripe banana, ½ grapefruit, milk, and 3 slices of bread. There is a lot of bartering going on – primarily to get chicken wings. A guy wants 2 wings for a salad but my new friend from the holding cell days holds out for only 1 wing and is successful in getting a second salad. He trades another wing for 2 bananas. Since the bananas are somewhat green, he is going to hide them in his cell until they are riper. He offers me his grapefruit since he doesn’t like them as much as bananas and can’t transport a juicy grapefruit cut in half as easily as a banana or bread. So I give him my banana even though he hasn’t demanded it in trade. I always give him my extra bread since he told me he wants to try to bulk up since he has a fast metabolism. Turns out he was the guy with the good singing voice from my first two nights in the holding area!
I recommend that you read the Branch trilogy alongside a copy of Testament of Hope: The Essential Writings and Speeches of MLK. Branch lays out the context and tenor of the speech with a few highlights but you’ll also want to read the entire speeches as well. At least I do.
I passed on my unused razor, shampoo, deodorant, paper cups, and unlined paper to the guy in the next cell since I’ll be leaving early tomorrow. He’s been around for a while so he can pass these items on to others who may need them more than he does. I’m only holding on to my pencils, toothbrush, and toothpaste and I’ll try to leave the latter on my way out tomorrow. Because the time is so short, I’m skipping over Parts II and III of At Canaan’s Edge to make sure I have enough time to read Part IV which features the “Beyond Vietnam” speech at Riverside Church and the Memphis campaign in support of the sanitation workers. This book has given me a lot of insight not only into King but also LBJ, J. Edgar Hoover, Stokley Carmichael, James Bevel and many others.
At 5:45 we go to supper. 2 sloppy joes, a bowl of chicken noodle soup, 2 saltine crackers, carrot and celery sticks, a square if ice cream, and milk. At 6:30 we are allowed to go outside for what turns out to be 1 hour of recreation. At 7:30 we are locked back up but hopefully we’ll get out again for showers since the guys who played basketball are pretty sweaty. At 8:50 we are let out for showers and a clothes exchange and then we can go into the mess hall. After my shower I discover the library is open for the first time in 6 days and even though we are told we must leave after 30 minutes, I enjoy every minute of it. The most comfortable chairs that I’ve seen in the jail are there as well as tables to write at; lots of books and magazines are there although the magazines are dated for the most part. I tell my friend that he should request 2 books from the librarian next Tuesday: Michele Alexander’s The New Jim Crow and Marv Davidov and Carol Masters’ You Can’t Do That. Hopefully he can get both before he is released in mid-July.
At 10 PM I note that I have only 8 hours remaining in what my friend Tom refers to as “a real shithole”. I can’t say I’ll miss the noise in here! I suspect they will remain boisterous for the next hour or two so maybe I’ll have my book finished by the time they are quiet enough for me to try to sleep.
Day 7, Monday. At 4:30 AM a CO comes by my cell and tells me to get up and put my sheets and blankets in a pillowcase and dump them in the blue bin down the hall by the guard station. I return my last book to the book drop outside the library and then go to the dressing room to reclaim my street clothes, Bible, pens and other items I wasn’t allowed to bring inside. There are 15 other guys waiting to be called one-by-one to hand in our photo IDs from the prison in exchange for my drivers license, watch, and the $10 that remains from my commissary money after the $30 booking fee was seized. I’m out the door before 5:30 and get the “Huber bus”, a yellow school bus which will take me downtown to the Government Center which arrives at 5:45. After a stop by the Women’s prison next door, I arrive downtown and catch the light rail to Franklin Ave. and the #9 bus to a block from my house.
As Dr. King said so well, “Free at last! Free at last! Thank God almighty we are free at last!” If anyone asks, I don’t think paying $30 for that “bed-n-breakfast” is a great bargain. But maybe if more of us are willing to go to the “iron bars motel”, change might come quicker than just voting for candidates who promise “hope and change”.  
[Thanks to Tom Bottolene for the photos]



Punished for Exercising Our Constitutional Rights? by Steve Clemens May 16, 2012


The contrast between the two Judges couldn’t have been starker. Judge Peter Cahill and Judge Ronald Abrams both serve on the Hennepin County’s Fourth District Bench. Both Judges were assigned criminal trespass cases for nonviolent protest at the entrance to the corporate headquarters of Minnesota’s largest war profiteer, Alliant Techsystems (ATK). The same defense arguments were made in both courtrooms, the former in 2010, the latter this week. The same Eden Prairie Prosecutor, different Judges. The results were significantly different: Judge Cahill thanked the defendants for interesting and enlightening testimony and fined us $1 or one hour of community service – hopefully at a local children’s hospital, he added, noting in our testimony about our concern over civilian causalities of war.

While Judge Abrams treated us courteously and thanked both the defense and prosecution for our behavior in court, the sentencing differed widely. 10 days in jail; two days in jail; 68 hours of community service; 32 hours of community service. When is the last time you hear a Judge order 90 days in jail for an 89 year-old nonviolent defendant who is a nun in declining health? Yes, he stayed 87 of those days for a year in mandating the 32 hours of community service but his sentence was the maximum allowed under the trespass law of Minnesota.
To further add to the disparity, the 12 nonviolent defendants were repeatedly offered a plea bargain deal if we chose to forgo our right to a jury trial and enter a no contest plea to the charges: any amount of self-reporting community service to any local non-profit organization would be the prosecutor’s recommendation to the court. All we had to do is take the guilty plea.
“Don’t do the crime if you can’t do the time” is an adage I’ve heard (and repeated) many times. In fact, if we choose to engage in civil resistance for the sake of peace and justice, we would do well to always be prepared to face the legal consequences of our actions.
The Constitution gives us the right to a jury trial of our “peers” but the way the system operates when one looks closely from behind the defendants table in the courtroom is a process which often removes citizens with well-formed, educated opinions when the jury pool is whittled down to who will actually hear the case. Strict rules of evidence and what testimony will be allowed in front of a jury controls the process – treating as “hearsay” and “irrelevant” the years of study and investigation done by principled protestors. The jury is instructed to follow the precise letter of the law, the spirit of which be damned.
One can go “pro se”, act as one’s own attorney but you aren’t invited back to the inner sanctum of the courtroom where the prosecutor can huddle with the judge, planning out sentencing strategy. When one co-defendant tried to go through the back door to request that the microphones be turned off during a break in the proceedings so the defendants could discuss issues without them being recorded or overheard, he was briskly told he could not be “back there” because of the security risk – even though he had gone through the same security checkpoint on the second floor as any prosecutor would.
We are told by the Prosecutor that “more than 95%” of all his cases are “settled out of court” with a type of plea bargain. The number of cases overwhelms the Court as the budgets for the judicial branch continue to face cuts to both staff and finances. The entire system would collapse if only a few more defendants would request their right to a jury trial. Judge Cahill asked his defendants if they were will to accept an official “hearing” rather than a jury trial and I suspect his sentence reflected his appreciation for our willingness to avoid the more confrontational style of a jury trial.
But defendants shouldn’t have to make such choices when a trial by jury is a constitutional right. I went in to the Courtroom this week a skeptic about the type of “justice” I’d receive. I remain skeptical. The Judge was given input from the Prosecutor about my past convictions (although Patrick Leach, the Prosecutor, probably didn’t do a thorough search of all the defendants) but I’m certain he did not mention that 3 times Hennepin County juries have acquitted me of the same charge for the same type of protest. In jury trials for this offense, I’m still 3 wins (not guilty) with now two losses; a batting average of .600, not bad for a non-lawyer.
I’m glad to do the 10 days in jail if it exposes our “judicial system” for what it is: straining at gnats while swallowing a camel (Matthew 23:24) when it continues to fail to challenge illegal wars, indiscriminate weapons, and predatory bankers but instead fills our jails and prisons with those who are predominately on the margins of our society. Our jails are filled with people who are mentally ill and/or physically addicted but instead of treatment, we specialize in punishment. A friend of mine in Georgia who recently was jailed because of his nonviolent support of immigrants told me he experienced his jail time as a sacrament. His friend told him, “Being imprisoned for the Gospel is sacramental.” Lets hope I can keep that in mind when it is time to “do my time”!

Going To Jail for Peacemaking


Going To Jail For Peacemaking by Steve Clemens. May 15, 2012
I could tell by the way the jurors entering the courtroom today refused to meet our eyes or even look at us that the verdict would go against the 11 peacemakers on trial in Hennepin County’s 4th District Court. The jury trial was the result of a nonviolent witness at the entrance of Alliant Techsystems’ corporate headquarters in Eden Praire, MN just two days before ATK would move its main office to Arlington, VA on October 1, 2011 to be close to the Pentagon, its largest customer. 
There were 12 defendants the day we were arrested on trespass charges when we refused to leave unless we could meet with the CEO or other corporate officers to deliver a Civil Arrest Warrant as well as a notebook entitled “Employee Liabilities of Weapons Manufacturers Under International Law”. Even though the Eden Prairie Police Officers agreed to place the documents we carried into our case files, Judge Ronald Abrams agreed with Prosecutor Patrick Leach’s objection to the documents being allowed to be entered as evidence in our trial. So the jurors never had the excerpts of the international laws and treaties in front of them when they deliberated and instead seemed to agree with the prosecutor’s closing statement claiming we cited no actual laws in our defense after he and the Judge had prevented including them as evidence.
Despite the disappointing verdict, it was a great pleasure to hear the moving, clear testimony of my fellow defendants. I was proud to sit beside Sister Marguerite Corcoran at the defense table and watch her slowly walk up to the witness chair aided by her cane due to her Parkinson’s. She knew, given some of her health challenges, that at age 82 this might be one of her last times she might be able to participate in civil disobedience for a cause she cares deeply about. She wasn’t alone in that sentiment: her housemates, Sister Rita McDonald, age 89, and Sister Kate McDonald, age 83, didn’t choose to sit on the sidelines that September morning and so were great compatriots while testifying on their own behalf.
A third of the four “notorious” McDonald Sisters, Brigid, was feisty with her comments in the courtroom, expressing her outrage that ATK can profit by killing people yet we were the ones hauled into court rather than “the real criminals”. Jeanne Hynes carried a bandaged doll to the ATK protest and brought it again to hold while testifying about how indiscriminate weapons like the ones ATK sells continue to victimize real children – and keep killing and deforming long after a war has ended. Dr. David Harris, a retired surgeon and military veteran told his reasons for joining the arrest witness. Retired postal worker and fellow veteran, John Schmid tried to talk about some of the medical affects he has learned about from depleted uranium but Prosecutor Leach interrupted his testimony as irrelevant. Roger Cuthbertson attempted to explain the need for a citizen’s arrest procedure but was also stifled by objections which were sustained by the Judge.
Tom Bottolene, the creator of Alliant Action’s webpage and fount of information about Minnesota’s largest war profiteer testified about ATK’s history of making indiscriminate weapons, describing three of them in greater detail: cluster bombs, the XM-25 combat weapons designed to fire around corners or over walls, and depleted uranium. He told of our October 2010 “secret meeting” with ATK’s CEO, Mark DeYoung, and how he told us his company was no longer making depleted uranium munitions, indicating that he did not feel compelled to continue some of the “bad” decisions of his predecessors. Bottolene went on to describe his attendance at the AKT Shareholders meeting in August 2011 where CEO DeYoung admitted that the new contract for tank shells included depleted uranium. Therefore, Bottolene continued, it was incumbent that we remind the CEO of the illegality of this indiscriminate weapon by trying to once again deliver to him copies of relevant treaties and international law contained in the notebook.
Bill Barnett, also a stockholder, told how he had been arrested while trying to attend a shareholders meeting in past years and once again asked the Judge to reconsider entering our notebook into evidence since we carried it with us at the time of arrest and certainly documented our intent that day – to no avail. My own testimony may have been the longest because I attempted to read into the court record excerpts of Treaties the U.S. has signed, including the Hague and Geneva Conventions which clearly outlaw indiscriminate weapons. I tried to describe provisions from the Nuremberg Tribunals which compel all people to resist complicity with War Crimes and Crimes Against Humanity. Although I managed to read a few of these excerpts despite the prosecutor’s objections, copies of these were prohibited from being included as evidence even though the US Constitution declares such treaties as “the supreme law of the land and judges in every state shall be bound thereby”. It appears that in Hennepin County, “supreme” somehow needs to take a backseat to private property trespass laws!
The jury took barely one hour to convict all of us when they returned to deliberate the next morning after receiving the jury instructions from the judge. After dismissing them, the Judge asked if we were ready to proceed to sentencing. The defendants were. Having already appeared four times in the courtroom at Ridgedale for arraignment and pre-trial appearances, we had little desire to make another separate trip to the façade of “justice”. However, the Prosecutor asked if he could have some time to consult with the defendants before making his recommendations to the Court.
“What do you want to do, Mr. Clemens?” Leach asked me. I responded that I felt my actions were a “community service” already and if the court felt it needed to punish me, I’d prefer to go to jail. “For how long?” was his response. I refused to set the parameters of my own punishment declaring that he should “let the punishment fit the crime.”
Why would I “choose” jail over a sentence of community service and a fine?
Doing the time for the “crime” certainly is closer to Gandhi’s own practice of asking his judges for the maximum penalty. He understood the value of taking on suffering as a moral force for change and how it exposed the violence and cruelty of the state. For me, having the Judge order me to jail helps expose the preposterous idea that peaceful, nonviolent protest should be punished when it challenges the “rights” of corporate war profiteers. [The Prosecutor went out of his way to say that he might not like what ATK produces and did not represent the company in his role as prosecutor. Other prosecutors I’ve had in the past went further –admitting they despised what ATK did – but all followed their prescribed role in protecting a trespass law over human life in “enemy” lands.]
Choosing jail is my offering to my new (and future) friends in Iraq and Afghanistan. It is a statement to them that I take seriously my desire to stand in solidarity with them in denouncing the scourge of depleted uranium and depleted consciences. Their knowledge that there are Americans willing to sit in jail (even if only for 10 days) out of concern for their well-being can hopefully help the healing needed between citizens of the US empire and citizens of its new vassal states in the Middle East and southwest Asia. I go to jail in good conscience to stand in solidarity with my friends Sami, Hakim, Abdulai, Sammera, Faiz, Zuhair, President Akeel, Zahra and Sharbanoo, Dr. Ali, Hiba, Dr. Askouri, and many others. I’ll have time in jail to think about and pray for them. I’ll have time to think about and pray for my own nation’s leaders and corporate chieftains.
Dr. David Harris, a stalwart friend (although all the other defendants have become good friends over our years of vigil and protest together), said he wanted to join me in going to jail when Mr. Leach asked him what he felt was an appropriate sentence for his conviction. Although he was sentenced to only two days in jail, the Prosecutor deciding (without a lot of first-hand evidence) that he had fewer criminal convictions, I am grateful for his act of conscience and solidarity.
While other defendants have been sentenced to between 32 and 68 hours of community service, our 12th defendant, Charlie Bloss, had his sentence suspended because he remains in the hospital battling the effects of cancer. He had been excused from attending the trial but the court honored his desire to be included with us, accepting whatever verdict came down on the others.
So, after our conversation with the Prosecutor, one by one we were called before the bench for our sentencing. It was a little startling to hear “I sentence you to 90 days in the Hennepin County Adult Corrections Facility (Workhouse). Execution of 81 days is stayed for one year. You are fined $50. You will serve 10 days with the 10th day served in lieu of paying your fine and surcharge and assessments. You will report to the Workhouse on June 26th by 11AM. You are not to go on the property of 7480 Flying Cloud Drive in Eden Prairie for a year. No trespass (within the State of Minnesota) during that year. I wish you well in the future.”
David was sentenced before me and the Judge prefaced his sentence saying, “I work very hard to keep people out of jail. I am sending you to jail (at your request) with a heavy heart.” I believe he meant it. Our Judge is trapped in the same system which seems bent on victimizing everyone in the process. Such is life in the declining empire.

Passing On the Torch


Passing On The Torch From The Geriatric Generation by Steve Clemens. January 15, 2012
In one week in early January 2012, the Twin Cities peace community lost Dr. Gene Ott, age 82, and Marv Davidov, age 80 after months and years of failing health. This same week saw two of the famed four McDonald sisters, Kate and Rita, along with their fellow faithful protesting compatriot, Marguerite Corcoran move into a senior retirement center just a week after their most recent court appearance for yet another act of civil disobedience. That court appearance at the Fourth District Courtroom at Ridgedale stemmed from the final action of a 16-year campaign directed at war profiteer Alliant Techsystems before it moved its corporate headquarters to a spot less than 5 miles from the Pentagon.
One of the defendants in that case entered the courtroom using a walker; two of the defendants have Parkinsons. Another defendant was unable to appear because of a follow-up medical treatment for his cancer. This scribe, at age 61, was the youngest of the 12 defendants and the only one not presently covered by Medicare and Social Security. Just two days after that court appearance another defendant fell down a flight of stairs in her own home and while badly bruised, fortunately didn’t break any bones before being driven away by the EMTs.
At the weekly Lake Street Bridge vigil, 98 year-old Elmer faithfully holds up his “Bring the Troops Home Now” sign each week, no matter what the weather, after visiting his wife in a local nursing home. Several other Sisters of St. Joseph of Carondelet haven’t been able to join us for the past couple of years due to health issues brought on by aging and one of the main organizers of local vigils has suffered a stroke and has now been diagnosed with cancer at age 83.
Even the annual Veterans For Peace-sponsored bus journey to Ft. Benning, GA to the “Close the School of the Americas” rally and vigil is getting to be too strenuous a journey for many of the local peacemakers. At least when we arrive 24-hours later at the gates of this huge military training base, the SOA Watch organizers now have chairs set up near the stage so some of us can rest our weary bones.
When the EMTs were summoned to the Alliant Action vigil this past August after one of us collapsed, we should have seen the handwriting on the wall: we are no longer “spring chickens” and will need replacements soon. Before we walked up the driveway to sit in front of the main entry doors at Alliant Techsystems, one of the 86 year-old nuns told me, “This might be the last chance I might have to get arrested with you.”
How wonderful to see a new generation step forward calling themselves “the Occupy! movement”. Other young people are part of the Anti-War Committee and some students have banded together under the banner of Students for a Democratic Society, reviving the SDS movement from its Vietnam-era origins. As we mourn the losses within our stalwart community, we are eager to help mentor and accompany the next generation of activists seeking nonviolent solutions to the challenges ahead of us. Who will take Marv’s place in telling stories from the peace movement to the Active Nonviolence class in the Justice and Peace Studies program at the University of St. Thomas? Who will fill the enormous shoes of Dr. Ott in making the links between healthcare justice and peacemaking? One doesn’t need a long resume to join us; we’ll help you fill in the details as you stand beside us on the street corners and in the courtrooms and we’ll stand beside you at the People’s Plaza, the FBI headquarters, and homes facing foreclosure. Together, lets continue to be the change we hope to see in this world.   

The Things I Carried To My Arrest


The Accoutrements of Arrest by Steve Clemens. September 28, 2011
Usually when I risk arrest in an action of nonviolent civil disobedience I try to only carry the bare essentials: my drivers license/ID and possibly some cash if I will try to make bail. I even remove my wedding ring if I’m expecting to end up in jail. Today, however, for our last arrest witness at Alliant Techsystems, Minnesota’s largest war profiteer, I carried a Civil Arrest Warrant for ATK’s CEO, Mark DeYoung. I also wore my blue scarf brought home from Afghanistan this Spring as a symbol of solidarity with nonviolent peacemakers in Kabul and Bamiyan Province.
I wore my Blue T-shirt with the bold lettering of “No War” coupled with “Love your enemies” and “our God is Love, our Gospel is Peace” statements.
I also carried excerpts of International Law provisions from the Hague and Geneva Treaties, resolutions from the United Nations, statements from the International Committee of the Red Cross, and statements from experts about the illegality of depleted uranium weapons. I carried a copy of my personal letter to CEO DeYoung as well.
Alliant Techsystems, also well known by their stock-ticker abbreviation as ATK, just recently announced that they are moving their corporate headquarters from Eden Prairie, MN to Arlington, VA so they can be close to their preferred customer, the five-sided Department of War headquarters also known as the Pentagon. Here in Minnesota they are a big fish in a small pond when it comes to corporate sales; in the Washington, DC area, close to the center of pork barrel politics and military contracts, they will just be one of many trying to sidle up to the hog trough.
Our AlliantACTION vigil group, usually about 20-30 stalwart peacemakers, have come every Wednesday morning for more than 15 years running from 7-8 AM to hold signs, sing songs, and gather together to call for ATK to cease production of illegal and indiscriminate weapons and instead use their inventive engineering genius to create products that are life-giving and useful. “Peace conversion with no loss of jobs” is one of our on-going mantras. It is coupled with another, a query: “Who profits? Who dies?”
We carry few illusions that our act of nonviolent civil disobedience today will result in a radical change in policy for a corporation which has profited from weapons of death and threats of annihilation. This spin-off of Honeywell’s weapons division (after years of nonviolent protest at their south Minneapolis corporate headquarters organized by The Honeywell Project), ATK has the notorious distinction of being one of our nation’s largest manufacturer of landmines, cluster bombs, and depleted uranium weapons.
To further add to this pantheon of what the United Nations lists as “weapons of mass or indiscriminate destruction” (and, as such are illegal to manufacture, sell, or use), ATK also makes components for nuclear weapons, including the nuclear missile for the Trident Submarine. As if that were not enough, they have developed a gun that purports to “shoot around corners”, the XM-25 which is now being field-tested in Afghanistan. There are also reports that Alliant is also providing components for the Pentagon’s latest obsession, the un-manned aerial vehicle, aka the drone. While ostensibly targeted at Taliban leaders, scores of reports of innocent civilians being killed in Afghanistan and Pakistan has led hundreds if not thousands to join the insurgency to seek revenge for the attacks on family members.
Our act of civil disobedience comes just four days before the birthday of the premier disciple of nonviolence, Mahatma Gandhi. On October 2, the AlliantACTION vigil group will return to the front doors of the newly vacated corporate headquarters. The move of the corporate officers is to take place on October 1 but Gandhi’s birthday comes only once a year so we will gather to celebrate his life and witness as well as the power and the blessing our vigil circle has provided to us over the past 15 years. It was not our goal to “chase” ATK out of Minnesota; our state can use good paying jobs. We just want those jobs to affirm life rather than find ever more creative ways to destroy it.
__________________________
My letter to Mark DeYoung:

September 28, 2011
 Mr. Mark DeYoung, CEO
Alliant Techsystems
7480 Flying Cloud Drive
Eden Prairie, MN 55344-3720

Dear Mr. DeYoung,
I come to ATK Headquarters today with a heavy heart. The last time I approached this front door, just a few weeks shy of one year ago, it was in response to your gracious agreement to meet with a small group of us from the weekly Alliant ACTION vigil. As you may recall, during that meeting you told us “We are not in that business” in reference to depleted uranium weapons and went on to say that ATK always “pick and choose what contracts we will go after” – or words to that effect since you requested that I hand over all my written notes as we left the meeting so these quotes are my best recollection of what was said last October 11th.
Although I am not a shareholder of ATK stock, several members of our vigil group are and they reported back to those of us vigiling outside or the morning of your annual shareholders meeting in August that you admitted in that meeting that ATK is assembling munitions containing depleted uranium provided for you by the U.S. Government.
You might recall during our meeting with you we gave you (and your legal counsel who was also present) a lengthy document identified as “Employee Liabilities of Weapons Manufacturers Under International Law”. Included in that document was a resolution passed by the United Nations Commission on Human Rights in 1996 which stated categorically that weapons containing depleted uranium are “weapons of mass or indiscriminate destruction” and “the production, sale and use of such weapons are incompatible with international human rights and humanitarian law”.
Therefore, we come with the intent of serving you with a Citizens Arrest Warrant, charging you with both the production and sale of illegal weapons according to Treaties signed by the U.S. Government. It has always been the intent of our vigil group to advocate “peace conversion with no loss of jobs” for the company you lead but since you have decided to move the corporate headquarters to the Washington, DC area at the end of this week, we felt we needed to take this nonviolent action.
 Sincerely, in Peace,
 Stephen D. Clemens
Member, Alliant ACTION Vigil

"Depleted” Sounds Like It is Benign

I plan to join Women Against Military Madness (WAMM) in a fund-raising Walk Against Weapons on Saturday June 5th. We will walk to the entrance to Alliant Techsystems, Minnesota's largest war profiteer. WAMM's Director asked me to write briefly about the scourge of DU, one of ATK's profitable illegal weapons.

“Depleted” Sounds Like It is Benign by Steve Clemens

It is pyrophoric, probably carcinogenic and mutagenic, and when aerosolized, the ceramicized, minute particles can be readily inhaled or ingested. Why so many highfalutin words for something that is already “depleted”?

Uranium-238, aka depleted Uranium or DU, is a waste product remaining from the enrichment process used to process Uranium for use in nuclear weapons and as the fuel for nuclear power plants. While remaining radioactive, it is a less intensive (but longer-lasting) – thus earning the moniker of “depleted”.

As a metal, DU is heavier and denser than lead and has a similar toxicity in humans and animals if ingested. Heavy metal poisoning particularly affects organs like the kidney and liver. But DU’s radioactivity, mostly benign when used as ballast in airplanes and boats or as shielding in tanks and troop carriers, becomes a more potent factor when it is ingested or inhaled.

Military planners are always looking for a super weapon or silver bullet. They discovered that depleted uranium was much more effective in destroying hardened targets than traditional lead or titanium based munitions. As the DU projectile flies through the air, it burns (pyrophoric) and sloughs off tiny, minute particles which take on a hardened, non-soluble character due to the heat (ceramicized). According to military officials, the weapon “self-sharpens” and burns its way into the target. The heat created often ignites or explodes items within the target, further scattering the radioactive dust particles. These particles can enter the body when breathed in (inhaled), swallowed when the dust lands on food or water sources (ingested), or through cuts in the skin.

Doctors in Iraq in the area where DU weapons were used in the 1991 War have been alarmed by the huge increases of cancers and birth defects they have witnessed. While scientific proof of causation demands years of careful study (it took more than 35 years for the Army to admit Agent Orange caused cancer in Vietnam), the circumstantial evidence mounting in Iraq and Afghanistan and other battle areas where it has been used is substantial.

What is really depleted is the morality of designing, manufacturing, and profiting from a weapon which keeps on killing beyond the battlefield (when the sandstorms in Iraq and Afghanistan blow the radioactive dust particles up into the atmosphere where they land who-knows-where); it keeps killing long after a war has ended (with the half-life of 4 ½ billion years –so it will keep killing until it is cleaned up); it is inhumane in how it kills with the likely cancer-causing diseases, birth defects, and heavy-metal poisoning; and it harms the natural environment with its radioactive pollution. Any failure of these four tests make a weapon illegal according to international law experts. The fact that DU fails all four make it an especially heinous “weapon of mass indiscriminate destruction” (according to the UN).

Alliant Techsystems (ATK) profits from the manufacture and sale of these illegal and immoral weapons. This depleted morality must be converted to research for life-giving alternatives. Peace conversion with no loss of jobs.

A Difference Between Night and Day: A Tale of Two Judges



A Difference Between Night and Day: A Tale of Two Judges by Steve Clemens. April 25, 2010

My trials were 7 months apart, almost to the day. One was in neighboring Ramsey County, the other in my home county of Hennepin. Both were for the same charge: criminal trespass and both ended with a somewhat similar sentence: continuance towards dismissal with conditions. In Ramsey County it was “no same or similar for 1 year”; in Hennepin it was “no arrest for trespass at ATK for 6 months.” However, the Ramsey sentence, besides being longer in duration also harbored a more threatening restriction – no arrest [for protest] anywhere in the world, whereas the Hennepin County Court Judge, instead of threatening told us we were welcome to “return to the scene of the crime” (so to speak) by attending the weekly Wednesday morning vigil; we were just to avoid going on Alliant Techsystems property for the next six months. But, if we did, we’d still qualify to get the jury trial we originally planned for –albeit not a speedy one.

I think the differences we experienced in court demonstrate how subjective justice can be with our present system. Much of the experience depends on the judge assigned to one’s case. On the surface, I’d suppose that an African American judge might be somewhat more sympathetic to civil disobedience and principled public protest because without precisely that happening 50-60 years ago during the Civil Rights struggle, we would likely not have many jurists of color on the Bench. That said, one only has to look at the record of Clarence Thomas on the US Supreme Court to disabuse one of stereotyping Black judges as progressive.

But it was an African American District Court Judge I faced in September 2009 for the prior year’s arrest at the Republican National Convention. Judge Edward Wilson, however, had no patience whatsoever with our desire to discuss the US Constitution, International Treaties and Laws, UN Resolutions, or even the MN State Constitution in our “Claim of Right” defense for the trespass charge. Never before had I faced a judge so controlling in this my 5th jury trial on identical charges. In fact, 3 of the prior 4 juries found me “not guilty” after hearing our testimony; the only guilty verdict coming in the wake of 9/11 and the initial popularity of the Afghan War.

So, given Judge Wilson’s hostility, especially evident when I attempted to testify in my own behalf and was interrupted about 30 times by either the Judge or the Prosecutor, it was no surprise that the Ramsey County Judge slapped a $100 fine (or 20 hours of community service), insisting that it also be done in his county, not “anywhere in the world” like his “no arrest” restriction plus $81 in “court costs” which could not be substituted with community service.

The contrast in the Hennepin County Courthouse this week couldn’t have been more pronounced. At first, our trial date was set for April 15th, Income Tax Day. The assigning judge instructed us to go to Courtroom 753 and present our case to Judge Peter Cahill. I’ve written elsewhere about that experience (A Hearing in Lieu of a Trial) which concluded in an official Court Hearing on Friday, April 23rd. Over the weekend I wrote letters to ATK’s new CEO, Mark DeYoung as well as to Eden Prairie Police Lieutenant Tracy Luke inviting them and other arresting officers to attend the Hearing to see what we had to say. Email requests for media coverage were sent to local reporters as well in the days prior to the Hearing.

Promptly at 9 AM, Judge Cahill took the bench and welcomed us. I made a few prefatory remarks about how we wished to proceed and thanking Lt. Luke for her presence in the Courtroom. I made an Opening Statement on behalf of all the four defendants and then Sr. Kate McDonald took the stand. The 80-year old nun began by reading the “Commitment to Practice Nonviolence” statement that is read every Wednesday morning at the beginning of the circle of sharing time during the vigil by the driveway entrance to Alliant Techsystems. She described how she and 20-30 others come every week to call for the end of the production of indiscriminate weapons, calling instead for “peace conversion with no loss of jobs”. She talked about her present literacy teaching work with immigrants and why she felt the need to walk up the driveway on that October morning in an attempt to talk with the CEO of Minnesota’s largest weapons manufacturer.

Geri Eikaas, a 71-year old grandmother who joined the weekly vigil two years ago as the company was moving to Eden Prairie from Edina, took the stand next. She talked about her long involvement with Amnesty International in working to free political prisoners and prisoners of conscience. Recounting how that world-wide movement was sparked by the efforts of one man, Englishman Peter Banenson, who wanted to protest an unjust imprisonment of two students he had never met before who were given a 7-year prison sentence for “toasting freedom” in Portugal, Ms. Eikaas stated that individuals can do great, wonderful things. While she continues to write letters on behalf of political prisoners half a world away, she also wanted to personally address what was happening in her own backyard. On the witness stand she looked at a newspaper photo from 2004 of two Afghanis sitting on a wooden bench at a Red Cross center in Kabul. Both had lost a leg to Soviet landmines that had probably been planted in 1979. Those victims, she said, were part of the Soviet legacy. Noting Alliant’s manufacture of landmines, cluster bombs, and depleted uranium munitions, she said she didn’t want more victims as America’s legacy in that same nation. That is why she felt compelled to act.

Noting ATK’s claim that “If our American men & women are sent in harms way, we want to see them protected and we take that very seriously.” quoting Rod Bitz, one of their public relations staff, Geri went on to describe another spokesman for ATK’s ammunition division announcing their plan to “go after international business to offset any slump in our business with the U.S. Army.” Showing that ATK is now selling AK-47 bullets to Afghanistan, while also noting the estimate that about 1/3 of all material given to the Afghani Government ends up on the black market, she wryly asked, “How long do you think it will be before these same munitions are used on our American soldiers?” She ended with a sad question: “Who profits? Who Dies?”

The Judge was seen taking notes and was obviously engaged with the testimony. He paged through the 32-page document, Employee Liabilities of Weapons Manufacturers Under International Law, which the group had carried with them to give to the CEO; now the Judge had a copy, marked Exhibit 1 after it was put into evidence for the case. As Ms. Eikaas finished, he started to ask a question about some of these weapons but then said he’d wait to hear the rest of the testimony because he felt it might answer some of the questions he had. With that, he called another 71-year old defendant to the witness stand.

Roger Cuthbertson often flies one of his colorful kites on days when the wind is right during the vigil. One of the kites he likes to fly over the parking ramp in front of ATK’s entrance reads “PU DU” referencing his personal disgust and outrage over the manufacture, sale, and use of depleted uranium weapons. Roger described in greater detail how depleted uranium weapons and cluster bombs work in battle and continue to kill, maim, and cause serious health issues, primarily to civilians, long after a war has ended. His description of these weapons confirmed how indiscriminate they are in affecting not just other enemy combatants but also our own soldiers and civilians.

Mr. Cuthbertson told the court he had been a public school teacher for 32 years after serving two years in the Philippines as a Peace Corps Volunteer at its very beginning during President Kennedy’s Administration. He said, “I guess you could say that I have been a person interested in peace and justice and active citizenship, for about 50 years. I have been protesting against weapons production even before Alliant Tech was formed out of its parent company, Honeywell.”

After speaking at length about some of ATK’s indiscriminate weapons, Cuthbertson concluded, referencing the arrest took place during a special vigil honoring Mahatma Gandhi’s 140th birthday, “What was resonating in my mind on Oct 2, 2009 when I tried to visit ATK was Gandhi’s statement, “Whatever you do may seem insignificant to you, but it is most important that you do it.” I read this statement out loud to my friends gathered at ATK before our action. I did do something that day. What I did was not violent or threatening in any way. I did not hurt any one. I am not trying to evade the consequences of my action. I do not feel guilty of any committing any offense. I did not destroy property. I thought long and hard about my action before taking it. I made sure I was reasonably well informed. I thought of my children and my grand children and the kind of world I want for them and for the millions of children like them around the world. Some people were a little bit inconvenienced by my action, but that is all the harm that was done. What I did is to demand a chance to talk to the decision makers at Alliant Tech about their immoral, illegal activities. What ATK is doing is more than inconvenience. It is producing large scale violence and death for profit.”

It was shortly after 10 o’clock when I took the witness chair. I’m always a little nervous or anxious every time I’m called to testify although it seemed easier this time without the awkward position of having the Judge seated on one side of you and the jury on the other side. This time it was only the Judge, Court Reporter, the Court Clerk, and many friends in the audience section of the courtroom. Fortunately my wife had the day off from work and was able to be there in support. Besides a copy of what I had to say, I also carried photos, a letter, and a collection of other documents I carried on the day of my arrest which I hoped could be placed into evidence. Juggling all those things and trying to remember to pour a glass of water for my parched throat added to my own personal drama.

I described a little about myself and how a semester abroad in college sparked my interest in international law. My commitment to peacemaking saw its genesis when I had to register for the Draft during the height of the Vietnam War. Quoting what is known as “the supremacy clause” of the US Constitution, I then read brief excerpts from Treaties signed by our federal government that now are considered (according to the Constitution –if not most US Judges) “the supreme law of the land.” I read from The Hague and Geneva Conventions, the CCW Treaty of 1980, the Treaty establishing the Nuremberg Tribunals and the Nuremberg Principles. All of this to the effect of highlighting the prohibition in international law of “indiscriminate weapons.”

I recounted my journey to Iraq just prior to the start of this present war as part of the Iraq Peace Team. Showing photos of a Pediatric Cancer doctor and two of his patients, I shared what he told me about the dramatic rise of cancers in the area where depleted uranium was used in the 1991 War. I showed photos of myself and Iraqis in the area called “the Highway of Death” to see some of the destruction wrought by depleted uranium weapons in that first war. Showing an additional photo taken the day of the arrest of a new Iraqi friend, I described the Sister City visit of Dr. Najim Askouri, an Iraqi nuclear physicist, to Minneapolis in the two weeks prior to October 2 and how the letter I carried with me that day told ATK’s CEO about the Iraqi delegate’s deep concern and anger at the contamination of their country by dU weapons make by his company.

I concluded my testimony by describing how the International Committee of the Red Cross, charged by the United Nations with promulgation and promotion of the Laws of War, calls us to “sensitize public opinion” and use the national courts and the media to help implement it. That is one reason we think raising these concerns within the Judicial Branch of the government is necessary to help stop the scourge of these already illegal weapons. I ended by reciting the words to the song we sing each week as we gather for the vigil:

Who will speak if we don’t?
Who will speak if we don’t?
Who will speak so their voice will be heard?
Who will speak if we don’t?

We were in court to try to give voice to those thousands victims of war – especially the children who are disproportionately crippled, maimed, sickened, and killed by these indiscriminate weapons.

Our testimony had taken about 90 minutes. The Judge announced a recess so the Court Reporter could have a break and he said it would be a longer recess so he had time to consider written memoranda we gave him which better described the case law basis for our “claim of right” defense. When the Court resumed, Geri Eikaas gave a Closing Argument and then we awaited a response from Judge Peter Cahill.

Judge Cahill told us he was a Public Defender, a private criminal defense lawyer, a city prosecutor, and a county prosecutor before becoming a judge. He said he was curious about what we would have to say in our defense and then remarked, “I found a group of people who were very sincere, very compassionate, and I have to give you credit for one thing I don’t always see among protesters: and that is humility. There is not an arrogance about your message, there is more a plea for, almost a desperation, to hear of the injuries of others as you try to stop the violence you see around the world. That’s refreshing. I think your actions are consistent with the highest standards of the traditions of civil disobedience.”

He went on to say, “With all of you out-ranking me in age, you are the kind of people I want to be like when I grow older. Your message is serious and your message is compelling, as I said. The information you provided was very educational to me and worth my time.” …

“You may be right that depleted uranium munitions may violate international law. Cluster bombs might violate international law. But that’s not why we are here today. And to be honest, I think it is way above my pay grade as a State Trial Court Judge to decide those weighty issues of international law. I’m here because we have a trespass case. And this case demonstrates the tension that exists between property rights and what we hold to be the most sacred rights, the Bill of Rights, the First Amendment rights to freedom of expression.”

The Judge said he couldn’t speculate how a jury might have decided the case. He did admit, “If your claim of right, based on international law, is sincere and in good faith, it would amount to a defense.” Because of the disposition we had already agreed upon in choosing to accept a Hearing in lieu of a jury trial, the Judge did not have to determine our guilt or innocence. It seemed, at least to this defendant, that he was relieved that we had already decided that matter.

Then he told us, “I am imposing $1 in court costs – or, by your conscience, one hour of community service – which can’t include protest activity at Alliant Techsystems. I would encourage you to consider devoting time, maybe your hour, to Gillette Children’s Hospital.” He went on to tell us that his now deceased older sister had suffered from polio all her life and what wonderful care she had received at the local Children’s hospital. He sensed our own compassion and hoped we could channel some of it toward local children like he had received on behalf of his sister. I could tell we had connected on a human level. It was no longer an authority figure looking down at some criminals from the bench but rather fellow citizens wanting to make our community a better place for everyone.

It wasn’t just the sensitivity of the sentence imposed. It was the tone and demeanor of the Judge in the Courtroom that gave me the impression that I really had been heard. What a complete difference between those two Courtroom experiences, one on the east side of the Mississippi, the other on the west. I want a justice tempered by mercy, informed by compassion – calling us to a community that embraces those marginalized and too often victimized in the process. My morning in Courtroom 753 on Friday April 23 was a sign of hope that at least one Judge is ready to listen.