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in the Michigan Prison System By Dave Forbush Prison Outreach Project Triangle Foundation "The only thing a faggot is good for is a bullet in the head." "If I didn't like punishing queer's, I would quit my job." "How are we going to fuck with that group of faggot predators today?"
---Prison guards at Michigan's >From subtle to extreme, homophobia takes many forms. In some situations, all we have to do to escape is to keep a low profile and the discomfort quickly passes. The opposite extreme is the intentionally inflicted suffering imposed on inmates held by the Michigan Department of Corrections (MDOC).
For them, there is no way to avoid the pain. Hearing such statements as those above is the least of their problems. But the cruelty begins even before such victims are incarcerated. In this country, most people are sent to jail for being poor, rather than guilty. If the word "gay" and "child" are coupled with a court appointed attorney, jail will be the result and the sentence will be harsh. At 17, Lee Wilson had sex with a 15-year old. His sentence compared to others was surprisingly short, 5 years in an adult facility. Another kid was not so lucky, but with the help of a determined mother, Triangle Foundation and a great attorney, the child was recently released from the clutches of the MDOC. The child was about to turn 18, and they were about to send him to an adult facility. His crime? At 13, he had sex with a 12 ˝ year old. If he had instead had sex with a girl, nothing would have happened except perhaps a scolding. Chances are that the proud father would have laughed and said, "that's my boy." Society would have spoken softly to the child, telling him that he was a little young, to slow down. What ruins one person's life, allows bragging rights for another. The ordeal of the trial is only the beginning. At the conclusion and after the guilty verdict is delivered, the judge receives the results of the Pre-Sentencing Investigation (PSI) prepared by the MDOC. Especially for gays, charges that were unproven during the trial are often re-introduced as though a guilty verdict had been rendered. It also represents an opportunity to re-introduce the word "homosexual" and "child." On Ron Rousseau's PSI, a totally fabricated assertion regarding child prostitution was presented as if a verdict of guilt had been rendered instead of innocence. Buried at the end, is an admission that it didn't happen. It haunts Ron at every parole hearing. The PSI recommendation was 3 - 20 years. The judge felt this sentence was too harsh and lowered it to 1˝ to 20 years. The significance of the PSI comes at parole review time. The first question often asked is, "are you a Homosexual?" Combine that question with a quick scan at the conjecture contained on the PSI, and the inmate will quickly learn that he doesn't have a chance. Another often-heard comment regarding a sentence of 1 ˝ to 20, is, "if the judge didn't want him to get 20 years, the judge shouldn't have included it in the sentence."
There is also an "Active" check box to further define the homosexual. (On other forms the "predator" box is used instead of active.) It's even worse on the CSX 104A, the Basic Information Form. Adjustment Problems (bold faced) is a heading under which the following are listed:
This heading and group appear to the right of Policy Psych Care which lists: 1. Mental Hospital within 2 years, 2. Predatory Sexual Offenses, 3. Institutional assaults, 4. Sadism/torture/Physical Cruelty, & 5. Guilty but Mentally Ill. Yet another Basic Information Form (CFL 101), lists "Known Homosexual ___Y ___N" to the left of "Mental Health Treatment" and to the right of "Drug Abuse" and "Alcohol Abuse". On a censorship magazine rejection form I received, using one check box, it states: "Prohibited Material - Homosexuality, bestiality, sadism, masochism, sodomy, bondage." The most recent homophobic form that we have discovered is the Transfer Form. This is used when an inmate is transferred from one institution to another. As if one check box is not enough, this one has two on the same page ! Homosexuality is listed on the top half of the page with Y/N check box, directly above "Predator" and to the left of "Arsonist." On the bottom half of the form, under the heading "FILE INDICATES: History of: Arson, Escape CSC, Homosexual, & SPONS." All of these have a space in front of them to write in Yes or No. These forms set the stage, and give official sanctioning to the homophobic abuse of the inmate that will follow. Justified by these forms, certain assumptions are made that gay inmates are predatory. In fact, predatory behavior is in the same league with rape. It is only remotely about sex, but is about power, dominance, sadism, etc. It is almost always a heterosexual male that is the predator. Frequently, the victim is made to shave his legs, not allowed to sweat, forced to grow his hair long, etc. It is also interesting that these forms do not show listings for other minorities coupled with incendiary words such as "Drugs" or "Thief" next to them. Such stereotypical prejudices are always wrong, but for gay inmates such listings remain completely legal. The consequences are horrific. Based on statements made by present and former staff, and upon the overwhelming number of statements made by inmates, we believe that gay inmate and submissive straight inmates are deliberately placed in cells with sexual predators. In so doing, MDOC acknowledges the difference in practice between homosexuality and predatory behavior. Three inmates statements follow. "In 1992, while housed at the Chippewa Facility, I was physically and sexually assaulted after repeated pleas for protection." "When I first came to prison and was sent to Macomb Correctional Facility, I was forced to bunk with a Mobite (gang member) that was a known predator and he was a lot larger than myself. He ended up raping me one night after I went to sleep. To cover it up they shipped me to another facility." "I was sexually assaulted at HUMF while waiting to be let out of my room for afternoon yard. The officer opened my door and as he walked away another prisoner slipped into my room and placed an ice-pick to my throat and he made me lay down on the floor on my stomach and then he pulled my pants down and used baby oil and forced himself into me. He then threatened to have his mellows (gang members) get me if I went to the prison staff." These are some of the statements from inmates that we have received. Here's how it has been for inmate Ron Rousseau. "Your bunkie is laying that way," winked the guard to Ron's new cellmate, ("laying that way"= is gay). And that is the routine. First, they place them in cells with predators, and then encourage the predator to act. Every time Ron or the others are transferred, guards waste no time informing their new cellmates of their "good fortune." Kinross was said to be especially bad with RUM (Resident Unit Manager) while Lemon was reported to be doing everything possible to encourage Ron's cellmate to take predatory advantage of Ron. (Grievances were filed and denied.) At the Mound facility, it was especially dangerous for Ron with his bunkie becoming more and more aggressive.
Ron estimates that during his period of incarceration, he has been give about 14 surprise tests and all have been returned negative. With all this testing, he is not a user and considering the small quantity, he is not a dealer either. When all of the grievances failed again, we filed a Judicial Review with the court in Crawford County. This issue is being handled at a cost of $3,000. They can certainly issue bogus tickets faster than we can afford to fight them. Eventually Ron was transferred to the Carson City Facility. (The average inmate in the MDOC is transferred every 7 months.) In further retaliation, Ron was forced to bunk with a skinhead neo Nazi lifer who hates homosexuals. To bunk a short term prisoner with a lifer is a suspicious action. In an affidavit signed by the skinhead, he states that he feels that he was "purposefully moved ...into Mr. Rousseau's room . . . in the mistaken belief that (I). . . would physically assault, injure or in some other way, cause a disturbance with Mr. Rousseau, due to Mr. Rousseau living an openly homosexual life style." Also in the affidavit, he describes the encouragement given by the guards to him to assault Ron. Currently, Ron is in a room with a bully who steals anything that is left out, and is continually attempting to scam Ron for money, food, etc. for the "protection" that the cellmate provides him. He is becoming increasingly threatening with each passing day. Across the hall, an inmate propositions Ron for sex 12 to 14 times a day. Often, this harassment takes place in front of guards, and it is always ignored. Ron has had it worse. He was raped by three guys in Jackson. Others from our questionnaires, have been raped and infected with HIV. Such infections are the stuff of never-ending worries. Ron has been fortunate in such respects. Any attempt to seek mental help from Health Services will be viewed as a negative at parole. Ron will have to receive some counseling for this phobia upon his release. So what does it take to get moved?
(Straight inmates are initially randomly placed, and are eventually allowed to bunk with a compatible cellmate.) As if being placed in the cell with a predator isn't bad enough, visualize a recent arrival. His "outing" may have occurred at the trial. His only examples of "gay lifestyles" are the predatory associations within the prison. He risked being doubly shunned by family and friends for being both gay, and now an inmate. He is probably being raped. Not that it matters, but he may very well be innocent of "his crime." On top of this, self-help books to overcome shame are banned by MDOC. In fact the excellent book written by two Michigan State University PhD's, Coming Out of Shame, is on the permanently banned list for all MDOC facilities. [In moves that affect all inmates, the MDOC makes it extremely difficult for inmates to maintain contact with family and friends. At charges of up to 50 cents a minute, phone calls home are expensive especially considering that these people tend to be very poor. There is no attempt to locate inmates near their home, making it very difficult for them to maintain these ties. To be placed on either a visitors list or a phone list can take up to 6 months! Couple all this with the unduly harsh parole reviews extending the sentences, and it should surprise no one that the recidivism rate is 40%. We appear to have a program in place to actively create criminals. Michigan appears to be more willing to spend 3.7 million per DAY in Corrections Department salaries than save $30,000+/per year (not counting capital expenditures) that it costs to house an inmate.] It does not just happen to supportive friends and family on the outside. Incarcerated straight friends of gay inmates are deliberately driven away with taunts and frequent tickets. Recently, Shaun was ticketed for loitering while standing inside his cell, in front of his door waiting for chow to be called. Because of his association with Ron, Shaun has received numerous tickets. Shaun, a straight guy, was one of Ron's last friends. Recently, seven of Ron's gay and straight friends were shipped to other institutions (within one week's time) and Shaun was the only one left. Now, Shaun has told Ron that he (Shaun) is going to stay away for a while. He can't take the taunting abuse from the guards. Also, any chance of parole had now been ruined with all of the tickets that he had received as a result of his associating with Ron. If two or more gay guys start hanging out together, the prison assumes that they are all having sex and attempts to break them up by transfers to other institutions. The isolation is overwhelming. Grievances don't work as they never leave the Department of Corrections. Legislation has been passed that limits the amounts that can be collected from inmate suits and so this avenue is closed down as well. At one time, the Prison Ombudsman's office dealt with problems like these. Unfortunately, the present governor has reduced this office to a handful of people . This action has made the office ineffective in all but a few cases. The hatred from the courts to the jails is without end. There appears to be no interest by the MDOC in correcting these problems. They show no outrage when confronted with these statements. This lack of outrage only further verifies that this situation exists. A group of us from the Triangle Foundation recently met with three staff members from the Michigan Attorney General's office. They showed no shock whatsoever about the statements we made or when we presented them with the homophobic forms. However, the MDOC representative at the meeting was informed he must set up a meeting between us and the MDOC. They have yet to respond. Together with Triangle Foundation, Ron Rousseau and myself have set up the Prison Outreach Project. The cost to Ron has been high. As a result of his activism, he has been threatened, had his friends transferred, had his remaining friends driven off by guards, the glares from the guards and the taunts have increased, and the cellmate issues worsen.
A bit of light in this gloom of despair, was cast recently by Democratic gubernatorial candidate, David Bonior. He said that, "only the broom of a new administration can begin to correct the problems at the Michigan Department Of Corrections." We are still accumulating data from the questionnaires of the gay inmates. Publicity appears to be one avenue available to us. Perhaps as the data arrives a legal angle can be determined. Anyone wishing to help can send a tax deductible check to: Triangle Foundation Prison Outreach Project 19641 West Seven Mile Road Detroit, MI 49219-2721 Be sure to state on the check that it is to be used for the Prison Outreach Project. Also, please email me and let me know so that we can thank you as well. dforbush@freeway.net Letters will also help. Address them to: Bill Martin, Director Michigan Department of Corrections PO Box 30003 Lansing, MI 48909 Send a copies also to: Jennifer Granholm Attorney General 525 West Ottawa St. Lansing, MI 48909 Governor John Engler State Capitol PO Box 30013 Lansing, MI 48909 Below is a form letter that can be used for this purpose. Or, feel free to create your own. If you would like to be added to our e-mail group and kept updated on this project, send your email address to: dforbush@freeway.net Creating a change in such an intransigent group will be a tough uphill battle. There are only a few tools available to us. Any help you might give will be appreciated. The horrors of the system are mind boggling. But it also represents an opportunity to create change for the better. Sample Letter: Dear ______: The continued homophobia being encouraged by the Michigan Department of Corrections and sanctioned by you and your guards is unconscionable in this modern age. The deliberate placement of gay inmates in cells with sexual predators or otherwise abusive inmates, combined with vile taunting by the prison staff is equally reprehensible. When these actions are noted, your officials cover-up, sanction, and encourage the continuation of such cruel and unusual punishments. You now have an opportunity to create meaningful change and to set an example for other institutions within the state. It is the opportunity of a lifetime and a chance for future citizens to look back in history's pages and say, "Here was a bold courageous man. He wasn't afraid to buck the system and to do what was right." You could start with Ron Rousseau by placing him in a cell with a compatible cellmate. You could also advise your guards that this homophobic abuse must stop. The abuse of the straight friends of gay inmates must also be brought to a halt. End the double standard. The decision as to how you hope to be remembered in history is in your hands today. Trusting that truth and goodness dominate your judgement. Sincerely, |