Life and Times

Newsletter of the Fight for Lifers West ---- Working to Abolish Life without Parole

January 2008--  Issue #4

From the President's Desk:

Greetings to all Fellow Justice Seekers,

I hope that the New Year will bring much needed justice and hope to all lifers and their supporters. As you can see, I climbed a mountain and stand atop it. This was not only a physical challenge but a mental one as well. It somewhat represents the determination we must all have in our struggle to overcome any obstacle. We will all have many mountains to climb in the coming year but we must never give up. Onward and upward we must go!

The Fight For Lifers West has been very busy since our last newsletter and much is being done by numerous organizations not only in Pennsylvania but also across the United States to seek justice for those serving life without parole. We are gathering strength in numbers and more people are beginning to open their hearts and minds to the inhumane sentencing and barbaric prison conditions in Pennsylvania. We have established ties with many like-minded organizations and more are joining all the time. Some of our affiliations include Justice and Mercy, PPS, Art for Justice, PA Institutional Law Project, the Disabilities Rights Network of PA and the National Alliance of Mental Illness in PA. We have formed a committee that encourages and supports legislation for more humane prison conditions and sentencing laws in Pennsylvania. Members of these groups meet at the Capitol monthly and are achieving some manner of success.

We are also working with FFL, Inc. and the American Friends Service Committee (Quakers) in Philadelphia to establish a moratorium on Life Without Parole. We are seeking support for this movement from victim's rights groups who believe in redemption and forgiveness rather than a 'living death' sentence. We hope that other religious conferences will join. We are also building relationships with the ACLU, The Lobbyist Coalition and various other organizations.

At our monthly meetings, we are gaining members and outside support. As you know, we have moved our meetings to a larger facility to accommodate change. We are ever evolving and exploring new avenues in our continuing struggle to see lifers and their families achieve justice. In October, we had a mind mapping workshop that taught us how to set goals and achieve them. At our November meeting we had a letter writing workshop.  Some of us attended the Beyond Innocence Conference at New Economy Village on November 9th and received information about the volumes of research that is being gathered for submission to the Innocence Commission which will meet in Harrisburg next  November.  Enclosed, please find information from the conference regarding their recommendations about the Post Conviction Relief Act as well as a letter from Ernie Preate regarding future plans about commutation. 

Well, I have to go and climb a few more mountains but my feet will be firmly planted on the ground. I hope you will join me and give me a boost or a hand when I need one.

Donna Pfender - President of Fight For Lifers West

The following chart outlines disparities that a Lifer faces having a commutation process versus having access to a traditional parole interview.              

By Avis Lee - Cambridge Springs

Traditional Parole Interview                           Commutation Process

How the Board of Pardons Works by Avis Lee

Merit Board Hearing :  3 members of the 5 member board read your application and vote yes or no for a public hearing. You need a minimus of 2 yes votes at this hearing.

If you are denied the 2 yes votes and it's your first application you can reapply in 1 year.

If you are denied the 2 yes votes and it's your 2^nd, 3^rd, 4^th etc; application you can reapply in 2 years.

If you receive the 2 yes votes you will get a personal interview, and a public hearing. You must get 5 out of 5 votes at the public hearing for your application to go to the governor's desk. He or she has the final say.

Analysis of the Third Circuit Decision

PA Prison Society Et. Al. V. Cortes Et. Al.

by Ernie Preate

The Third Circuit three-member panel issued a decision on November 15, 2007. They dismissed the suit challenging the 1997 Amendment requiring a unanimous decision by the Board of Pardons on an application for executive clemency before the application could be submitted to the Governor.

The appeal was taken by both the Pennsylvania Prison Society, et al and Tom Corbett, Pennsylvania Attorney General, of District Judge Richard Caputo's decision finding that the 1997 Amendment violated the ex post factor provision of the U.S. Constitution for inmates serving life sentences.

The Third Circuit did not address any of the issues on the merits. Instead they reviewed the Attorney General's argument that the Plaintiff's lacked standing to sue. This argument was never raised before Judge Caputo, and thus, the factual record that would support legal standing was never developed. The third circuit panel, thusly, dismissed the case without prejudice and remanded it back to the District Court to "develop the record in order to determine the plaintiff's standing to bring this action". 2007 WL 3244012 at p.11

            In order to have standing to sue, the plaintiff must establish three elements, an injury in fact (meaning actual or imminent and concrete and particularized), a causal connection between the injury and the conduct complained of, and substantial likelihood of remedy. P.3.

The Third Circuit's decision provides guidance as to what evidence they would consider--requiring to meet these three criteria.

First, with regard to an injury in fact, they rule out any standing by the organizations themselves, as they did not prove individual members who have standing. In order for the Graterfriends, or the PPS to have standing, they must first establish a particular, named member of their group who meets the standing requirements and who could sue on his or her own behalf, and that the claim asserted and relief required don't require individual participation by the members. P.5 FN10

They also rule out voter/taxpayer plaintiffs, finding that generalized tax payer grievances are not cognizable in federal courts. The taxpayer must establish that he or she has a concrete and particularized injury. P.6. The only taxpayer to whom this could possibly apply is Dianna Hollis, because of her husband, Douglas' denial of commutation.

            However, the court does state two ways in which individual standing by an inmate serving a life sentence could be established. First, an inmate Plaintiff must establish that he or she was sentenced life prior to 1997 and has received or may expect to receive a majority vote but not unanimous vote after the 1997 amendments. P.7, FN 12 Jackie Lee Thompson and Keith Smith are the prime examples of this.

The second way is to establish that a Plaintiff has either filed a Commutation Petition that has not yet been denied by the Board of who has imminent plans to file a petition and that the board will likely decide favorable by a majority vote on the petition.

As I said, there are two persons who meet the first set of criteria, but neither are currently Plaintiffs; they are Jackie Lee Thompson and Keith Smith. Therefore, they would have to file a petition to intervene along with a legal brief (as required by the Middle District Rule). As to the second criteria, current Plaintiff, Douglas Hollis likely would meet the criteria as he currently has a Commutation Application pending that was filed prior to the Third Circuit's decision.

Of course, there are other potential Plaintiffs who have filed Pardons Board Commutation Applications who could immediately file a Petition to Intervene and Brief. As to those who haven't yet filed for commutation but intend to, as witnessed by having hired and paid a lawyer, they too, could file a Petition to Intervene and in the course of the proceedings then file their Commutation Application before the board.

Second, as a matter of strategy and building a record, I would seek to establish that some or all of these Plaintiffs are likely to receive a majority vote. This could be accomplished by proving they received majority votes on prior applications, as in Doug Hollis' case.

This could also be accomplished by deposing Board Members to determine their criteria for voting favorably, as well as to look at the factual circumstances of those who have received majority votes and establishing that the Plaintiff meets those criteria. The criteria could include favorable recommendations by the DOC or the committing judge or District Attorney who prosecuted the case. We also can establish Attorney General Corbett's stated position that he will not vote for any commutation. Perhaps he can be called as a witness or we can receive a stipulation as to his views.

I have been asked by Douglas and Dianna Hollis to represent them on the remand to the District Court. Additionally, I will be representing Victor Hassine on a Petition to Intervene as I am currently representing him on a commutation application, which is currently before the Pardons Board. I have spoken with Attorney Steve Whinston and he is comfortable with my representation of these individuals.

            I may also be representing additional plaintiffs on whose Commutation Applications I am currently working. These would be individuals I already represent. For the record, I am not soliciting any clients for this suit. Certainly, any prisoners who wish to intervene in this suit should feel free to get their own counsel or ask to be represented by Mr. Whinston. I am writing this to you for informational purposes. Your ideas to assist me in this most important matter are sincerely appreciated, as always.

Stay Strong and Persevere,

Ernest D. Preate, Jr. Esquire

THIS SCHOOLHOUSE CALLED EARTH

written by  Brenda Emerick

          Happy New Year to All, everywhere!  May the Light, Life, and Love of The-Great- Spirit-That-Moves-Through-All-Things reside in your heart, bringing complete peace, love and joy to you!  This connection is yours for the taking. There is an abundance of it available to everyone, everywhere, more than you could ever imagine. The reason I know is because I have been personally, and intensely, illuminated by it on several occasions.  It is a magnanimously wonderful experience that can not be described in any human words I can express. I have wished many times that I could just snap my fingers and you could feel what I feel from the metaphysical realm, but I can not, each of us must seek deep within ourselves to find this connection. Deep within is the only true place you will find it.  Others may guide us in ways to seek, but the bottom line is that we each must deeply search our souls/hearts to find the truth about our creation, and what it really means. 

                In my own search I have found, and felt, an abundance of love, acceptance, worthiness, trust, peace and joy that I have never experienced from any human relationship, including my mother whom I know without a doubt loves me very much. As does my son, my husband and many others in my life.  However, nothing compares to the direct connection with the Creator Itself!  I am ever so grateful to have these experiences in my life, to draw upon when being in society begins to be too overwhelming, which does sometimes occur.  So why would someone that has the pleasure of this connection become overwhelmed?  The answer is quite simple really.  It is because I'm stuck in this human body, which is only three dimensional. My spiritual vibration has risen to a level over 650, and spiritually I am in the process of crossing over into the fifth dimension, which means I live partially in the physical realm, and partially in the metaphysical realm.  Not an easy task I'm finding out.  Sometimes I want to run to the hills and become a hermit. Believe me I can understand a tree much better than I can understand human behavior. But I know that is not the answer, because I still have much to learn. That's why I'm still here in physical being. So what is my lesson in telling you this?

                Because, I am being challenged to find a balance between the dualities in life, including both the physical and the metaphysical realms, and I have an internal need to speak my truths, as it is one lesson that helps us learn our truths, and another lesson to speak and live those truths.  I know all about these dualities, I even understand them and why they exist. Knowing things to be true does not necessarily make an easy road. My childhood left me questioning why children had to grow up with divorced parents, poor, hungry, being abused, or any number of things.  How could the Creator allow this to happen?  I turned to alcohol and drowned myself there for about twenty years. That wasn't the answer, or was it? You see for us to be in this three dimensional existence we had to agree to some lessons we would learn while spending time here.  We were given choice, which means there have to be opposites, or dualities. For how can we make a choice if we have nothing to compare?  It is ALL just a learning process, earth school if you will.

                Our Creator has high hopes, and faith in us, that we will bring heaven to earth.  To do this we need only make a daily choice to act, think, behave and speak in the likeness of LOVE.  It doesn't seem so hard to do, so why doesn't it happen more often; genuine kindness, caring, loving, without conditions attached to it. If we choose to do right we are rewarded 10 fold, and if we do wrong we are also given a 10 fold return, in the opposite direction. It is also my belief that we carry karmic debts from past lives, or ancestors.  Someone has to pay the piper somewhere down the road, for all happenings, the slate has to be cleared at some point.  

                My dilemma mostly begins with the government, and societal rules.  I continue to be appalled at our governments' actions and behavior.  Many of our officials, or people in authoritative positions (from the highest to the lowest in any part of our government), are committing crimes and not being held accountable for their actions, yet, I believe there are countless individuals serving life sentences that either shouldn't be there at all, or should have been given another chance many times over.  Is it right to deny treatment for ailments, to anyone for any reason, regardless of where they reside, or how much money they have?  Is it right that society will turn a deaf ear to the fact that we spend more money incarcerating the poor, rather than making sure they are given an education, and an opportunity to use that education, so they become productive members of society? Power, greed and control are what appears to be important to our government, not the equality, justice and freedom for all that was meant to be in this country.  Is it right that the poor children in this state, and country for that matter, are targeted from day one to become incarcerated statistics?  I believe we are a society that sets our poor up to become oppressed, depressed and regressed, and then we punish them for it by locking them up for life, is that right? I think not.

                I could go on, and on, with ways I believe that are moving people further away from that Divine connection of true LOVE, JOY, PEACE, UNDERSTANDING, ACCEPTANCE, WORTHINESS and TRUST in the CREATOR, but I won't.  I just wanted you to know my thoughts at the end of 200. Beginning in 2008.  I will continue to find my balance with the dualities in life, and realms.  I can only hope that each one of us seeks that connection, strengthening the vibrations of the universe, and one by one, as we raise our own personal vibrations, we begin to raise the universal vibrations, which will take us more and more to our        heaven on earth, as was intended to begin with.  Make the personal choice to be the absolute best you can be.  A spiritual being, in a human body, that shines brightly because you are being illuminated by the Creator!   May All be blessed with more personal, spiritual, development in the New Year.   

 Geese Flying Over A Prison Sweat Lodge

by Joseph Bruchac

            Inside an arch, like that of the sky.(unlike that arch of mortared stone with razor on top, which we walk beneath to find freedom within concrete.)  Inside the shell of the old turtle, Inside the body of our mother, Inside our memories waiting to be born again.  We hear the sound, of Flock after flock, their calls of welcome & ancient questions, seeking relatives after a winters exile.

            Hiss of water on stone, and the cries of the geese bark an answer, their touch deep as bone, speaking words never written that always means home. 

Veteran Lifers by Ned Pfundt

In July 2007 after hearing so much about the lack of treatment of our veterans coming back from Iraq and Afghanistan, it occurred to me that there might be a large number of veterans sentenced to life without parole. We made contact with the PA Department of Corrections and received a printout of 320 names. Questionnaires and a cover letter were sent out in September 2007.

We have had 116 questionnaires returned as this goes to press. I am astounded by the high percentage of honorable/general discharges. Over-87%. It looks like most became involved with criminal acts following discharge. Approximately 29 respondents either receive VA compensation or have applies and not yet received a decision. It seems like their applications are not a high priority. Even when they are granted service connected compensation, they are only approved for 10 percent of what a veteran on the outside receives. They may have some funds sent to a needy family member: their children or an elderly parent. They do not receive medical or psychiatric treatment, in most cases because they are confined to a state institution.

This needs to change! There is hope as congress is voting in the largest increase in VA funding ever and we have been told some funds are provided for incarcerated veterans. In the meantime, FFLW is working with the PGH VA regional office, at least two vets offices, the VFW and the DAV. We will continue to make service organizations aware of the plight of Veteran Lifers. If you are a veteran lifer who did not receive a questionnaire or if you have knowledge of a veteran's organization in your institution, please let me know: Ned Pfundt -  FFLW PO BOX 4683, PGH, PA 15206. If you have a family member living in southwest PA who would like to attend a meeting, please have them call 412-261-3022 for details.

More next newsletter.

Fight For Lifer's West Member Profile

My Daughter, My Teacher, My Hero:

      My daughter, Charmaine, was convicted of first degree murder and is serving life without parole in Pennsylvania. She has been incarcerated since she was 18 years old and has served over 23 years of a "living death" sentence. When she (we) went to court, I still believed in the justice system. I truly believed that someone who acted in self-defense would be exonerated. I was naive enough to think that all people were given a fair and impartial trial and were considered equal under the law. I was unaware that the poor, the undereducated or persons of color don't receive the same degree of justice as those who can afford competent representation and are tried by an impartial judge and jury. I was also unaware that life means life in the Commonwealth of Pennsylvania.

      Once Charmaine was found guilty, I became painfully aware that people in general not only look at the person who has been convicted of murder as horrible, heinous people, but also feel that way about the mother who raised them. I can recall people calling me "Murderer's Mother!" Friends and some family members turned their backs on both of us and suddenly seemed to forget the people they had known and loved.

      As a mother, I was devastated. I could no longer protect my child. She now became the 'property' of the state; a number, no longer a name. She was shunned, ridiculed, scorned and hated. I watched as she struggled through the stages of disbelief, shame, guilt and remorse. I watched as she dared to hope that one day she would be forgiven, that the truth would emerge and that she would be able to give back to society and honor the person whose life she took.  

      I felt weak and powerless as I witnessed these many changes occur. I could not imagine myself in such a position but I observed her overcome each and every obstacle put in her path. It was by her example that I learned how to be strong. Every time an appeal was turned down or some form of hope was dashed, I watched as she tried something else, refusing to give up. She taught me how to persevere and to remain forever hopeful. She also taught me much more. She showed me that any hardship can be overcome, that any situation can be used as a learning experience and that "quitting" is not an option. But, more than anything else, she has shown me that 'Faith' will see us through all things.

      I admire all people who overcome handicaps and adversity of any type. She has done so many worthwhile things while incarcerated that I can only imagine what she could accomplish out here. I have always loved the song by Bette Midler, "Wind Beneath My Wings" because it reminds me of Charmaine. She is truly my hero. (I love you, baby gurl!)

Donna Pfender, President - Fight For Lifers West

A Purposeful Life:

      I am privileged to express my feelings for my mother. Many people who read this article already know that she is tireless in her commitment for justice. You may seek out her counsel; and when you write to her, you must get the feeling that you are the only one she will dedicate her services to. She has a way of making people feel comforted and is very effective in getting "things" done. I have the benefit of her constant counsel. I am so proud of her bravado, persistence and strength that she must use daily.  

      I know her struggle though - I've seen my mother lack confidence while being abused. I've watched her overcome addiction, tackle depression and be beaten down by poverty. She is a good and effective leader for a reason; she truly understands.

She's walked more miles in more shoes than she cares to remember. She is quick to share her story honestly so that someone may find solace in not feeling alone and that there is hope at all times.

      The guilt my mother felt for years kept her stuck. As a mother, her pain was overwhelming that she felt she failed me when I got "life." I watched as she bravely comforted me, when nothing could comfort her. I've never had children, so I can't know the pain of losing your baby this way, but observing her development has helped me to understand my victim's mother's pain. I see how she took the lemons life gave her and made lemonade.

      She has guided me through 24 years of confinement in loving, motherly ways. She shows her pride in me and encourages me to keep pushing on and growing. I still seek my mother's hand to hold as a child would and find comfort after all this time when she rubs my back, plays in my hair and tells me she loves me.

      The FFLW group has given her what she lacked most, a sense of purpose. She is able to do something about gaining justice for her child and to dissolve those old feelings of guilt. No one can ever say my mother lacks character. It exudes from her. Without her support, encouragement and fight for me, I would truly be hopeless and lost.

      My mom's mother, my grandma, has been the "rock" for both my mother and myself. She has taught her unconditional love, independence, strength, faith and to always show pride in your family. My mother has carried on this legacy with me, as I hope to carry it on to another generation. Family is so important. It's all I have in this world that I know it will get me through.

      My mother tells me all the time that God has a purpose for me that is yet to be revealed. I believe her. In her deepest trials, many wrote her off as a failure, never to make good in life. She has persevered to now be called a "newsmaker." She is on the Advisory Board of Probation and Parole, a Prison Society official visitor, a member of Justice and Mercy's Committee to enact Prison Reform and the President of Fight For Lifers West. She addresses and sometimes mingles with members of the legislature in efforts to promote and support bills. Most importantly, feeling validation while fighting for others that life has written off.

      People want to be connected with her in some way because of who she is and the value of her life. She is a woman of purpose who has taught me to never give up, that life is what you make of it, no matter who else condemns you. I have allowed myself, in the past, to feel like that failure, but because of her inspiring example as well as my belief that her strength will bend the bars that confine me; I am able to believe and remain hopeful. I will have purpose in life just as she has found purpose through her work.

      Doctors told my mother that she would never really walk right and would need a cane after a botched knee replacement. Her other knee cap is crumbled and feels like stones grinding over bone with every step. Imagine my pride and joy for her when I received a picture of her at the top of a mountain she climbed. She showed me that any goal is obtainable when you set your mind to it.

      My mom is a true testament to what makes a true leader. If you ever lack faith in humanity, look at her and know that anything is possible - I do. My love for her is unconditional and I am proud she is my mother. (Thank you for fighting for and supporting me. Mumsy, you are the greatest!)

Love,

Charmaine Pfender (OO 7423)

   Serving LWOP at SCI Cambridge Springs

Organizing to Abolish Solitary Confinement and Torture in U.S. Prisons     

If you know anyone from the Pittsburgh area who would like to attend the STOP MAX conference please refer them to The Human Rights Coalition - FedUp! Chapter at 5125 Penn Ave Pittsburgh, PA 15224 hrcfedup@gmail.com or phone - 412-802-8575. HRC - FedUp! is organizing transportation from Pittsburgh to Philadelphia for the conference. Please contact the National STOPMAX coordinating committee for all other information. STOPMAX Coordinator American Friends Service Committee 1501 Cherry Street Philadelphia, PA 19102 phone 215-241-7137 email  nblack@afsc.org   http://www.stopmax.org/

"I am dying here every day, mentally and

physically. This is happening to all of us. We

have been ignored, locked up in the middle

of the ocean for years. Rather than humiliate

myself, having to beg for water, I would

rather hurry up the process [of

dying] that is going to happen anyway"

 - Supermax prisoner                                                         picture by Todd "Hyung Rae"Tarselli

who has spent a total of 9year in solitary confinement - That's one third of his life.

The image is a part of the Prison Poster Project. www.prisonposterproject.org/site

A 5 year collaborative art project.

10 Reasons To Abolish Solitary Confinement:

1. Research suggests that long-term isolation is linked to increased recidivism.
2. There is no evidence that isolation reduces prison violence. 3. Solitary confinement is a common punishment in juvenile facilities in the USA . 4. Housing people in isolation costs taxpayers $50,000 per prisoner per year compared with $25,000 for general population units. 5. Isolation has a devastating impact on family communications and relationships. 6. A disproportionate percentage of prison suicides, including of juveniles, occur in solitary confinement units. 7. Fewer than half of prisoners in isolation meet state guidelines for supermax confinement. 8. The system of confinement with solitude initiated at Eastern State Penitentiary was determined to cause madness and officially abandoned in 1911. 9. Isolation exacerbates and breeds mental illness and causes psychological and physical deterioration. 10. The excessively harsh regime of supermax prisons is a violation of the international Convention Against Torture.

From the Editors-- The Fight for Lifer's West newsletter was created to provide information and resources to people serving life without parole in PA. We also want to provide an outlet for those voices to be heard.  The printed material is the sole opinion of the writer.  The members of FFLW may, or may not agree with the content.  Thanks to everyone who submitted submissions and gave feedback to the Life and Times.  Please be advised that we are unable to print everything we receive.  Please direct your newsletter submissions and mailing list questions, updates and requests  Attention: Newsletter \\For Juvenile Lifer updates and information write Attention: Joe Heckel  Fight For Lifers West P.O. Box 4683  Pittsburgh, PA 15206 Please do not send unsolicited legal materials.    Thank You!  --- Etta and Brenda

Thanks to all who Donated Money to us.

Happy New Year!

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Please make all checks or money orders to Fight For Lifers West and send to The Thomas Merton Center at 5125 Penn Ave Pittsburgh, PA 15224