MISCARRIAGE OF JUSTICE

The Case of Donald Jones

By Lord Serious

Miscarriage of Justice. Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of the party. (Black’s Law Dictionary, Abridged Fifth Edition)

Donald Jones was a blue collar hard working father of four children in 1994. He never imagined that by age 20 a false accusation would have him fighting to get out of prison for the next 30 years. His 1995 conviction for Abduction and Aggravated Sexual Assault after a bench trial in Petersburg Circuit Court before the Honorable Judge Oliver Pollard forever changed his life. “The judge sentenced me to 95 years with 5 suspended”, says Mr. Jones.

On 11/13/95 an unknown person sent his trial attorney Paul Bland a file containing information that an additional forensic report existed which had never been disclosed to Mr. Jones or his attorney.

The Commonwealth’s Attorney’s Office had withheld exculpatory evidence that supported Mr. Jones’s claim that he was an innocent man. In light of this newly discovered evidence Judge Pollard stayed Mr. Jones’s sentence until he could review the file and take the matter into consideration. This court order to stay Mr. Jones’s sentence could only be overridden by a new court order. However, as a result of a clerical error Mr. Jones’s sentence and conviction were reactivated and he was transferred into the custody of Virginia Department of Corrections (VDOC) without a valid sentencing order on 1/18/96.

Ironically, when VDOC became aware that Mr. Jones was being unlawfully detained they contacted Petersburg City Jail to inform them that Mr. Jones would have to be released from their custody. Apparently, because his sentence was stayed on 11/15/95, Mr. Jones was a free man as far as VDOC was concerned. But officials at the city jail misled VDOC into believing that there was a retainer on Mr. Jones. It was unclear to VDOC whether Mr. Jones still had jail time to serve or if he would be resentenced at a later date. On 7/23/96 Mr. Jones was transferred back to Petersburg City Jail.

He had recently hired attorney Joseph Morrissey to represent him. According to Mr. Jones, his new attorney filed a Motion to Vacate his conviction. But when Mr. Jones went back before Judge Pollard the Motion to Vacate was never heard. Mr. Jones claims that it was at this time when Joseph Morrissey presented him with a plea bargain for 20 years. “They were trying to hide what had been done, because they knew I couldn’t be sent back to prison under the same vacated sentencing order.” Mr. Jones claims that Judge Pollard’s 11/15/95 order to stay his 90 year active sentence required a hearing to review the suppressed exculpatory evidence. “I know Joe Morrissey was in on it”, Mr. Jones fumes, “he sold me out.”

When Mr. Jones refused the plea deal Judge Pollard held an illegal hearing by resentencing him once again under that old conviction order which Mr. Jones claims the judge could no longer do. “The court had lost its jurisdiction once 21 days had lapsed on the order to stay my sentence and they transferred me into DOC custody.”

On “9-10-96 Petersburg Circuit Court upheld the sentence of 10-26-95. Mr. Jones has a total of 90yrs to serve” (DOC Memorandum dated 10/2/96). Mr. Jones was transferred back into VDOC custody on 9/11/96.

This is the story of how a loving father of four had his life torn apart, and how the man Donald Jones became inmate #1076927. For 30 years Mr. Jones has had to live with the mistakes of others and suffer the consequences as if they were his own. Mr. Jones has lost more than his employment and yearly salary as a dump truck driver. He has been deprived of his God given right to be a physically present father and raise his kids. Mr. Jones has missed out on birthdays, graduations, the birth of his grandbabies, and the ability to protect his children.

In 2014 his youngest son Jaymonta Jones was gunned down in Petersburg, Virginia. “I could see the effect his brother’s death was having on my oldest son Jamar. I knew I was losing him and there was nothing I could do about it.” Within eight years his oldest son Jamar Jones would be murdered too. Another victim of senseless gun violence in Petersburg. “I’ve had to bury both of my sons from the penitentiary”, Jones told me.

It is clear that prison has taken a lot from Donald Jones and he has had to carry a burden that no man should be forced to bear. But he doesn’t let his circumstances discourage him. Mr. Jones told me that he had done everything within his power to get his case back in court and overturned. But appeal after appeal was denied.

He said, “I didn’t know what else to do, or who I could turn to. So I kept faith and prayed.”

Whenever I’ve observed Mr. Jones, he is always giving a kind word or helping others. I asked how he was able to get his case back in court after so many years had passed? He replied, “One day my counselor observed me fixing guys a meal in the mental health pod during the holidays. Which is part of my ministry, it’s something I did for every major holiday. When this woman approached me and asked me, “What can I do to help you make parole?” I told her that in 1996 Greensville Correctional Center released me after it had been discovered by a staff member that my sentencing order and conviction had been stayed and vacated by my trial judge. I told her that DOC sent me back to the jail, because DOC could not keep me in their custody without a valid sentencing order. But no one will believe me.”

Mr. Jones then informed me that his counselor was now more determined than ever to help him regain his freedom. According to Mr. Jones this woman told him that she would check his files to see if she could locate anything of use to him. And if she did then she’d provide him with a copy.

Sure enough, after her lunch break his counselor returned with a file. She handed him the documents and that there was a sticky note attached to them that read “Whatever you do, never give inmate a copy of these files”. When Mr. Jones inspects the contents of the documents, he finds a handwritten copy of the very documents he’s been trying to get access to for 20 years.

Mr. Jones informed me that the prison records department refused to allow his counselor to remove the file or make photocopies of it. So she made a handwritten copy and uploaded its contents into his Coris file which is the database system VDOC uses to keep track of inmates within their custody.

The counselor allegedly tells him, “I told records that this can’t be legal and if it’s his files then he can have them.” Mr. Jones assures me that these were the woman’s words verbatim. He’s asked me not to identify her by name, however, he seems confident that if it would help his case she would be willing to answer any questions and even testify under oath in open court to these facts.

With this new evidence of government suppression Mr. Jones was now able to get his case back into court and fight for his freedom again. He wrote the courts requesting a copy of his case file. Hoping it would contain an actual copy of the document his counselor provided him. But Petersburg Circuit Court refused to furnish him with a copy of his case file. He alleges that his numerous attempts have been frustrated by a clerk named Harold Johnson.

When I asked Mr. Jones what reason would Harold Johnson have to interfere in his attempts to regain freedom? He claimed the two of them have a history of bad blood. According to Mr. Jones, he and Harold Johnson had a physical altercation when they both were younger. I questioned whether Mr. Johnson would actually violate the law and risk his career over something so juvenile? And Mr. Jones told me the following story:

“One day I go to my baby mama’s house to see her and my daughter. And this guy is there sitting on the couch next to my baby mama with my daughter on his knee. I walk over and pick my daughter up then I tell him “Alright, you can leave.” He gave me a look and before he could get the words out of his mouth I smacked him in the face. He then got up and left.”

Mr. Jones alleges that Harold Johnson has been holding a grudge against him ever since, and though Mr. Johnson is now a married man; Harold Johnson has continued to carry on an extramarital affair with his daughter’s mother throughout his incarceration. Mr. Jones claims whenever he sends family members to the courthouse to purchase a copy of his files, they are told by someone at the clerk’s office that a judge needs to review their request before his files can be released.

I remind Mr. Jones that his court records are public record and anyone should be able to get access to them if they’re willing to pay for the copies. He replies, “I know.” When I asked were his files or court proceedings were under a court seal he responds, “No.” Mr. Jones continued, “Harold Johnson is one of the top clerk’s at this office, and still to this day my files still haven’t been released to me.”

As we further discuss his case he reveals that the suppression of evidence and government interference goes even further. Recently he has uncovered new exculpatory evidence- biological evidence that has been suppressed. I asked him how he acquired this evidence without going through the clerk’s office? He reminded me of a mass email that was sent out by VDOC to all offenders. The August 22, 2024 email stated the Department of Forensic Science was reviewing all cases from the 1970s to 1980s that were worked by Mary Jane Burton due to possible corruption.

His case happened in the 90s. But he figured that if Mary Jane Burton was involved in a cover up then it was possible that the forensic scientist who worked on his case was involved in a cover up too. Mr. Jones was resourceful enough to get the address to the Department of Forensic Science from that email and he wrote the lab himself.

Within a few weeks Mr. Jones received a response from the lab, and within the contents of it he found a certificate analysis for a blood test. This report revealed that special instructions were given by Commonwealth’s Attorney Bill Bray instructing them to stop further testing and that a separate report was written. Furthermore, Commonwealth’s Attorney Bill Bray personally collected the evidence himself from the lab. The findings of the blood test revealed that the contributor was likely someone of Hispanic descent. However, the other report that was written which was not sent to him is still being withheld by the Commonwealth’s Attorney Office. Mr. Jones argues that this separate report likely contains the certificate of analysis and the findings of a DNA test. I remind Mr. Jones blood tests are less reliable than DNA evidence, and he suggests that this is why it is being suppressed. “They don’t want me to get my hands on it cause they know it will free me”, says Mr. Jones regarding the potential exculpatory evidence. Mr. Jones says Commonwealth’s Attorney Bill Bray has a duty to disclose all of the evidence to him, but he’s been violating the law for 30 years.

Since 2016 Mr. Jones has filled the following motions and petitions within Petersburg Circuit Court, Virginia Court of Appeals, and the Supreme Court of Virginia:

Motion to Vacate in 2016
Writ of Coram Nobis in 2022
Appeal to Virginia Court of Appeals in 2023
Supreme Court of Virginia rendered judgement September 12, 2024

The presumption of guilt after conviction and entering DOC custody may not be an impossible hurdle to overcome for prisoners. Nevertheless, for Mr. Jones the task has been an extremely daunting one. Donald Jones is deserving of additional judicial review and a fair and impartial hearing on the merits of his claims. Yes, he has had his day in court, and he has had multiple appeals, petitions, and motions denied. However, not every trial is fair; not every guilty verdict is lawful; sometimes, innocent people get convicted and a miscarriage of justice occurs. Therefore, this direct appeal is being made to the hearts and minds of the public. Because in a democracy the Court of Public Opinion has always been the supreme court of the land.

We, the incarcerated, the disenfranchised, get manhunted as social deviants, corralled as criminal offenders, branded as felons, and occasionally, released back into society as returning citizens. For most of this time we are kept separated from the public by time, distance, and the cement walls which barricade us. A rather crude merger of conditions which has the sterilizing effect of muting our voices. No one in the criminal justice system heard this man’s cries for help.

We the incarcerated, the disenfranchised, make no claims at being perfect. However, there are those cloaked in the awesome power of public office who set out on a crusade to convince the world that the criminal justice system is perfect. Yet, every year there seems to be more people getting their cases overturned. The public is appalled to learn that government corruption and suppression of evidence is responsible for causing these wrongful convictions. These miscarriages of justice are far too common today, as the prison industrial complex finds it more difficult to manage the problems caused by mass incarceration: the public defender offices with far too many caseloads; prosecutors offices whose annual budgets are determined by the number of felony cases they charge; and, the Black men like Donald Jones, who come from impoverished communities and who are disproportionately denied justice in courtrooms nationwide.

For all of the above reasons We, the incarcerated, fast and pray this Court will grant the relief sought.

P.E.A.C.E

Pardon Exonerate Amend Cases Everywhere

Your Vote Matters

By: Joshua Hairston

Amendment XV (15)

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude…

Recently, after conversing with the eldest of my brothers, I found myself disheartened; his lack of appreciation for his civil rights, the inexorable firmness he exhibited in being indifferent toward the summons of those in position to represent his interests, my own disconcerting effort to inspire in him a deeper sense of attachment to these privileges, all worked to frustrate me beyond the etiquette of tolerance that accompanies my belief in self-determination.

For several years now, I have pitched to him, using differing approaches, recognizing the vicissitude of the African American experience, the importance of him, a young inner-city black, casting his ballot.

“The historian Edmund S. Morgan argues…that well-off white Virginians…could champion a form of republican representative government defined by the absence of a formal ruling class or monarchy without threatening their own status as elites for one simple reason: They knew that the system of slavery meant that most of the poor in Virginia were enslaved, SO THEY HAD NO LEGAL RIGHTS AND COULD NEVER PARTICIPATE IN POLITICS.” – The 1619 Project

“1857 Dred Scott…Supreme Court decided Mar. 6…BLACKS WERE NOT AND COULD NOT BE CITIZENS.” (The Court also ruled that slaves were not citizens of any state nor of the U.S.) – The World Almanac And Book Of Facts

Foolheartedly, I support his choice to articulate and actualize perspectives and values that contextualize his experience. Vindicating himself pursuing that which concerns him most. Expressing, openly, his ideas of freedom.

However, I fear that to offer approval, even if only for the inalienable right of choice, to anyone who proclaims such as their stance dismisses the sacrifices made in advancing the African American, in a manner so transgressive, it warrants severe objection.

“Congress then passed the Thirteenth, Fourteenth, and Fifteenth Amendments abolishing slavery, making blacks citizens, and giving them the right to vote.”

The progress encompassed in these Amendments, a consequence of suffering generations of subjugation, oppression, and deprivation – an infinitesimal return on the spilled blood and broken bodies of the human beings who built America – was not made in convening with adversaries who, conceding the validity of our grievances, decided, peaceably, to acquiesce to our demands.

“Reconstruction lasted eleven years, from 1866 to 1877.
…blacks made great strides in education, economics, and voting rights.”

These improvements to our existence did not occur without clear and assertive actions, having the overwhelming probability to result in either relief or death.

“…by 1898 nearly all black males in the South had been disenfranchised by poll taxes, literacy tests, property requirements, grandfather clauses, and the actions of terrorist groups like the Ku Klux Klan,”

“Before the passage of the 1964 Civil Rights Act, the civil and human rights of blacks throughout the South were routinely violated by sheriffs, police officers…
…Blacks were often denied the right to vote, and were beaten, raped, and murdered, receiving virtually no protection from…lawmakers or law enforcers.”

“Since the end of Reconstruction…states, through intimidation, violence, and murder, had systematically prevented blacks from exercising their constitutional rights.
The Voting Rights Act (1965) forced…states…to repeal poll taxes, grandfather clauses, and other constitutional laws to prevent blacks from voting.”

While, to some extent, many of us acknowledge the immensity of what was given to access citizenship, we behave, relative to this induction, unaware of the essential significance and the responsibility inherited in making such an advance.

Failing to accurately apprehend the plight of our predecessors, we have become strangers to the very spirit that drove their campaign for rights, civil and human.

Furthermore, a cohort of us, young African Americans, live as if disinherited, almost completely, from the reality of how our civil rights were acquired and the inestimable sacrifices of the courageous and resilient men, women and children who secured them.

The reasons my beloved brother presented, in defense of his position, for not voting were reasons created by the liberties earned by diplomatic warriors who turned over their lives for their succession (us) to know the privilege of being able to influence the society comprising us, absent the pressing need to risk it all. Perhaps, the absence of this pressing need is why we consider that our vote does not matter.

It is not my intent to communicate this matter harshly, though I have found, rarely, the truth to be gentle. To consider that your vote does not matter is to think degradingly of the incomprehensible offerings of those who made it possible for us to have a vote; or it is to be absent-minded of how your position and status was gained.

We can narrowly afford to take for granted the status of citizen and the civil rights we are gifted by being legislated as such.

“These events and the movement impacted not only African Americans, but Asian, Hispanic, Native American, and other ethnic groups in this country, as well as women.”

“These events and the people who participated in them have profoundly changed America for all who live here.”

VOTE FOR THEM!

My brother, he will vote, Tuesday 11/05/24, if for no other reason than for his little brother, disenfranchised by the 13th Amendment, who cannot.

Who will you vote for that cannot or could not, if you are not informed or motivated enough to do so for yourself?

Joshua J. Hairston

The Miscarriage of Justice: Howard Garnett’s Fight for Innocence

The case of Howard Garnett, Jr.

By Lord Serious

Miscarriage of Justice. A miscarriage of justice, warranting reversal, should be declared only when the court, after examination of entire cause, including the evidence, is of the opinion that it is reasonably probable that a result more favorable to appealing party would have been reached in absence of error. (Black’s Law Dictionary, Abridged Fifth Edition)

By age 35, Howard Garnett, Jr. had an estimated net worth of $4.7 million. He acquired his wealth through a combination of inheritance, thrift, hard work and ingenuity. This accomplished businessman held a Class A dairy license, a Class B Contractor’s license, and he owned 174 acres of farmland which had been in his family for more than one hundred years. But none of these achievements seem to compare to the sense of pride he feels whenever he talks about his children. “I have a daughter who is now 30 and my son is 27. And my daughter just gave birth to my granddaughter”, Mr. Garnett told me as we sat and discussed his life on Christmas morning.

The various business ventures he was involved in prior to incarceration will allow him to do for his children what his father had done for him. “My father taught me everything there is to know about business and general contracting”, said Mr. Garnett. He also gives his mother credit for the strong work ethic she instilled in him, and for teaching him the importance of making decisions in life that honor his core values.

Court records reveal that he initially met the woman who would change his life forever while conducting business. When she first approached him, Mr. Garnett was in the process of subdividing some of his land into building lots. “She wanted to do some business with me. She asked me to build her a house.” The two met later to finalize the terms of their agreement over dinner. Mr. Garnett admits, “The business relationship soon became personal, and we became romantically involved.”

Mr. Garnett claims, “She moved in to live with me in my apartment for 15 months. Then after I finished building her house she invited me to move in with her. But I told her I was fine at the apartment. But she really wanted me to move in with her, so I did.” Their relationship grew and they became a couple as well as business partners. “She would do design work and run errands throughout town to help me out”, said Mr. Garnett.

On April 17, 2002, she fell and injured herself after undergoing a medical procedure at the Culpeper Hospital. When Mr. Garnett arrived to pick her up, “Her face was bruised, she had a fractured nose, and two black eyes.” He said, “She asked me to take pictures of her injuries. She told me that she might sue. So I went to purchase one of those disposable cameras and I took some pictures of her injuries.” However, Mr. Garnett states that he did not send the film out to be developed at that time.

Shortly after that the two would break up. Mr. Garnett moved out, but they stayed on friendly terms, and continued working together on projects. Mr. Garnett started dating a new woman, and he claims all of his legal troubles began after his ex found out about him moving on.

On July 24, 2003, the Madison County police requested that Mr. Garnett meet with detectives at the station for an interview. When Mr. Garnett arrived he was told that his ex-girlfriend had sworn out a warrant against him, and accusing him of beating her and raping her

Mr. Garnett states he voluntarily spoke with police without an attorney, because he was innocent, and he thought by being truthful and cooperative the police would see that his accuser was lying. “I learned that even when you are innocent you should never speak to police without your attorney present”, Mr. Garnett sighs, “I admitted that I had not slept with her in two months. And they used my statement against me and arrested me, while not knowing she had answered that question in the same manner.” Then seven days later on July 31, 2003 she filed additional criminal complaints against Mr. Garnett.

He was charged with three counts of rape, one count of abduction, and three counts of assault and battery. Mr. Garnett says at trial his accuser testified that she had told police she had ended their relationship at the end of 2002. But according to Mr. Garnett, they still had business dealings that carried on throughout 2003. The woman claimed that he had raped her and assaulted her on January 2003, April 2003, and July 2003. His accuser made multiple statements to police that were full of inconveniences and false accusations. But he was denied access to the transcripts and tapes of these interviews before trial.

The Madison County Commonwealth’s Attorney Office had a closed file policy at that time. Therefore, they claimed their office was not legally obligated to divulge this evidence to Mr. Garnett’s attorney. “The statements made by my accuser were being withheld from me and this violated the law.” Mr. Garnett argues that this evidence was exculpatory and had it been provided to him before trial he could have used it to prove his innocence.

“At trial the prosecutor showed pictures of her injuries to the jury”, Mr. Garnett continues, “They showed her face bruised appearing to have two black eyes, and one bite mark on her forearm.” The Commonwealth represented that the injuries in those photos were the result of Mr. Garnett beating and raping her in April 2003. He said, “When I saw those photos I realized those injuries were similar to the ones she had sustained after her fall in the hospital. Right then I knew those pictures were taken in April 2002, not April 2003.” Mr. Garnett said he then asked his power of attorney to retrieve the disposable camera from his office. He wanted to get the film developed and he informed his attorney that those pictures were taken in April 2003 as the prosecution had been misrepresenting to the jury.

Mr. Garnett was acquitted of all charges relating to January 2003, and April 2003 allegations. These had been the criminal complaints she filed seven days later after his arrest. However, the jury did convict him of all charges relating to the July 2003 accusations. Mr. Garnett was sentenced to serve 65 years in the custody of the Virginia Department of Corrections (VDOC).

This was Mr. Garnett’s first crimAinal conviction, and he knew very little about criminal law. Nevertheless, Mr. Garnett has spent the greater part of his incarceration working as a legal aid clerk in the prison law library. Thanks to this job he has been able to spend most of his time throughout his confinement studying the law. His fight to prove his innocence and vindicate his name is not some long shot. “My case has been overturned by the courts twice already,” he paused then continued, “and I still haven’t received a copy of the tapes from her interview with police yet.”

In 2006, the Virginia Court of Appeals reversed and remanded his conviction, granting Mr. Garnett a new trial. But in 2007 the state appealed and that decision was reversed. After he exhausted his direct appeal in 2008, Mr. Garnett filed his petition for habeas corpus, and in 2011 the Supreme Court of Virginia reversed and remanded his conviction back to the Circuit Court with instructions to grant such discovery as it found advisable.

The Circuit Court conducted an evidentiary hearing and it denied Mr. Garnett’s habeas petition without providing him access to his accuser’s taped interviews with police. The Commonwealth’s Attorney consistently opposed all of Mr. Garnett’s attempts to get the taped interviews of his accuser.

Despite having closed file policies, the Commonwealth was required by law to disclose all exculpatory evidence to the defense. Exculpatory evidence is any evidence that may suggest the accused is innocent. Mr. Garnett feels strongly that there is something on the tapes that the Commonwealth’s Attorney is hiding. He believes they are afraid to let the truth be known, so they have been doing everything in their power to keep this evidence suppressed.

After his accuser filed a lawsuit against him, Mr. Garnett finally received a copy of the transcripts from the woman’s interviews with police. However, even the court involved in that civil suit refused to provide him with a copy of the tapes.

Under Virginia’s rules of discovery at that time the Commonwealth’s Attorney Office had discretion over whether or not they’d limit defense counsel’s access to the evidence they collected during criminal investigations. Policies varied from office to office. However, even before Mr. Garnett’s arrest the law has always required prosecuting attorneys to turn over all exculpatory evidence to the defense before trial, or as soon as it is uncovered. Mr. Garnett claims this law was violated and that is the only reason he was convicted.

On July 1, 2020 there was a break in this case when the rules of discovery in Virginia changed. Under the new legal statue, closed file policies are now prohibited. This change has given Mr. Garnett’s case, new life, because now he has the legal standing needed to force the Commonwealth’s Attorney Office to hand over those tapes. He feels certain that once he gains access to this exculpatory evidence it will finally prove his innocence and he will be released from prison.

He told me, “My accuser’s statements were being withheld from me in violation of the law. Now they can’t hide the tapes from me anymore. They will now have to account for what they’ve done to me. The truth will come out.”

We, the incarcerated, have limited options on how we pursue justice. We often find our pleas for help being ignored or they sometimes go unheard for years. What kind of justice system corrects injustice by imposing more injustice on the falsely accused? What kind of criminal justice system conceals exculpatory evidence and hides the truth? Justice may be blind to status, position, wealth, race, gender, or Creed. But justice will never turn a blind eye to a miscarriage of justice. And neither should you.

After reviewing this article before submitting it for publication Mr. Garnett asked could he give a special shout out to his new legal counsel, Attorney Charles T. Tucker, Jr. for believing in him and supporting his efforts to prove his innocence.

P.E.A.C.E

Pardon Exonerate Appeal Cases Everywhere

#FreeHowardGarnettJr

#LordSeriousSpeaks

#miscarriageofjustice

#socialjustice

#justiceforall

The Older and Old Law

Just laying back in the rack, and pondering. I am sixty-eight years old, and I hear more often these days of actors and musicians I’ve idolized while growing up, passing on; and so I too see the window on my life closing, and it saddens and frightens me.

I look around the pod and see all of the old people – incarcerated. Wheelchairs, walkers, and canes. It’s unfathomable that little, or, a great deal of misguided and apathetic effort has been put into the mix to get to where we are. I’ve been told that I’m the one who is misguided for seeing things as they are! That what the system is doing, has been doing all these years, works best, and I just don’t know any better.

It is true, many incarcerated have not been able to mature on an intellectual level; to think more rationally, decide more responsibly, and act more humanely, and generally, to just take better care of themselves. But they haven’t been provided an appropriate and effective opportunity to support becoming better human beings. Who’s fault is that?

It is even more true that those incarcerated have just tried to do the best they could, to make it from one day to the next…staying ignorant and apathetic about the world that surrounds them. It’s not their fault, for a person, a human being, will do that which they only know how to do! That’s why we’re in this dreaded place in life! It is this way, until the wake up call arrives, when the door may finally open, or not, and it is then change is desired, and the need to do so is thrust upon us in vain once more, for it takes years to undo that which has been the norm for so long.

The picture is simple! It’s about retribution. It always has been and will be for some time to come. It’s about fear, distain, apathy, and yes, ignorance. Those who are running out of resources and ideas to more effectively manage us, the window is closing for them too! Maybe just keep us as quiet and hidden as is possible. Pacify us just a little more! Maybe no one will notice!

These days, we cannot use certain words or phrases out of concern for offending the status quo. “Don’t say PTSD, it may trigger this or that!” “For that matter, don’t say the word “trigger” either.” At one point we were not inmates, we were offenders. More so, the worst of the worst! People are not “victims”, they’re “survivors”, or is it the other way around? These are not “correctional facilities”, they are “warehouses”, industrial complexes, constructed originally to only house those who truly posed a risk to society, but here we are!

There are many incarcerated who are not so ignorant as I claim above. They too can see! And I certainly applaud the efforts of many on the inside and outside of these razor-laden fences, who are working tirelessly to have those of us who have been ready, and deserve it, released. But, it has for some time now, amazed me how individuals and groups will throw around words, phrases, paragraphs, and essays, all in an effort to display for us in here, the change they promise to make, and the change that is coming. In the meantime, those of us in here throw around in the same fashion, our pain, sorrow, fears, and regrets. The ignorant always get their hopes up! Those of us who have been watching, paying attention, see that change just doesn’t happen, or feel nowadays, that it won’t happen in our lifetime!!

A couple of examples. Many of us will be gone (use that word as you will) by the time a “Second Look” bill is passed and have it change lives. Just how effective will that bill be when it becomes law? How long will it take to see results? Like so many others, how will it be circumvented, twisted, and suppressed with the line item veto? We’ve done so much time already, and we are in our late 60’s & 70’s, what difference will such a bill make for our lives then?

Thanks to VDOC Director Dotson and many others, an unbelievable amount of effort has created many positive changes with regards to the parole board. Much of that effort, however, has been circumvented, twisted, and suppressed as well. Practically no one is being released, still!

Out of fear, it seems no secret that behind it all has been the idea to keep us in here until we’re no longer physically and mentally able to re-offend. Yet, many new law people continue to serve less time than us older folks! Don’t get me started on “Earned Sentence Credit” or “Good Time Credit”. I’ve stopped earning anything a long time ago. How sad!

I am sixty-eight years old, and I hear more often these days of actors and musicians I’ve idolized while growing up, passing on; and so I too see the window on my life closing, and it saddens and frightens me.

-unanimous

Of Racial Injustice

This expression of accuracy, aligns to verify a truth that has been shown as a “RACIALLY MOTIVATED ACTION” by the Virginia Beach Circuit Court, as well as an unknown number of City and County Judges throughout the State of Virginia, intending to increase the Prison Population with the unfair sentencing of Black Men and Women in the State of Virginia. While some may consider this to be an “unfair speculation”, I assure you that the record and the research of past Criminal offenses, will not only show the discrepancies in sentencing practices in the Va. Beach Circuit Courts, but also the unfair sentencing practices that exists throughout the State of Virginia, as well as every other State to make up the sum total 50.

Due to these VERIFIABLE Decisions/Judgments, it’s painfully obvious that there WAS and IS an empathetic “benefit of doubt” giving, this is and continues to be extended to White people, over Black and Brown People. While the STRICT enactment of the “Tough On Crime Bill and its Harsher Sentences” created far more hardships, than lied about; it’s rigid application, has resulted in the Black Males being found guilty of Criminal Offenses that are identical to White Males, but when it came to sentencing, Black Men and Women were sentenced to a much longer term of incarceration.

While the inaccurate titles of “Conspiracy Theorist” or “Angry Black Man” is likely to be spat, but when this act of racism is spoken about, such an unwarranted labeling only confirms the arrogance and audacious mentality of the people who are appointed to “Judge and Punish” by an ethical balancing. There are TOO MANY factual occurrences that will show the biasness of these robed officials, who continue to cloak their devious ideologies with the letter of the law.

But tell me…WHEN THE FACTS can be shown by researching the sentences of Black and Brown People Convicted and Sentenced for Felony Homicide, and those researched numbers, when compared to the number of White People Convicted and Sentenced for Felony Homicide, the flagrant discrimination is revealed. So tell Me, will “THEY” change the unwarranted attachment of inappropriate naming, when the revelation of “lopsided” Justice, accurately shows the “Black and Brown People Who Were Unjustly Tried or Unfairly Sentenced”?

Shouldn’t the findings of an honest comparison, be deemed UNJUST if the findings reflect a Judicial imbalance, when different people are before the Court? While Harsher Sentences are the result of a “Tough On Crime Bill” that utilized fear mongering tactics to fill the coffers of State Officials, as well as the individual “stakeholders” of Corporate and Privatization plannings, that would come to exploit the Incarcerated Person as well as their loved ones.

The Imprisoning and Warehousing of Black Men and Women hadn’t only become “BIG” business, but an oppressive reason to “over police” low-income neighborhoods, which are predominantly Black or Brown communities, due to stratification and the socioeconomic circumstances put in place by Legislative Officials, who saw low-income housing as Political Catapults for career minded Politicians.

I mean, how hard is it to figure, when the of Jury of my Trial Proceedings, UNANIMOUSLY ACQUITTED me of a Firearm I never possessed or used? That very “acquittal” has a GIGANTIC importance, with a SUBSTANTIAL VALUE to my incarceration. Not only did the ACQUITTAL remove the Firearm from my possession, but it also proved the IMPOSSIBILITY of me, being responsible for the act of First-Degree Murder that had been committed! These verifiable FACTS, ELIMINATES any accusation of a Violent Act being committed by my hands. And since the trial Jury had determined that I DID NOT HAVE or USE the weapon proven to have killed the victim, the determined verdict clarified the “lack of any physical action” committed on my part, thus proving my innocence ON IT’S FACE(meaning: Absolutely Obvious)!

But even as a “NONCONTRIBUTING ACCESSORY” in the crime committed, there was NO EVIDENCE to show that I knowingly or unknowingly, Aided; Assisted; or Abetted, by Actions; Words; or Gestures! Nor was there any evidence to support the accusation, that I had prior knowledge of any intention to commit a crime, let alone the crime of First-Degree Murder.

With all of the FACTS I just conveyed to you, being accessible to the public, I HEREBY ACCUSE THE VA. BEACH CIRCUIT COURT, OF DELIBERATELY SENTENCING ME TO A TERM OF CONFINEMENT, THAT WOULD EXCEED THE TERM OF CONFINEMENT MY “WHITE” CODEFENDANT WAS SENTENCED TO, AFTER BEING FOUND GUILTY OF ALL INDICTMENTS, DECLARED “TRUE BILLS” BY THE GRAND JURY! THE NUMERICAL TERM DIFFERENCE IS ’10’ YEARS! PER THE VERIFIED SENTENCE SUMMARY, MY “WHITE” CODEFENDANT WAS SENTENCED TO LESS TIME ON EVERY CRIMINAL INDICTMENT! AND EVEN THOUGH I HAD BEEN ACQUITTED OF THE VERY INSTRUMENT USED TO COMMIT THE CRIMINAL OFFENSE; HE WAS FOUND GUILTY OF ‘USE OF A FIREARM IN THE COMMISSION OF A FELONY’, AND I STILL WAS SENTENCED TO A MORE EXCESSIVE AMOUNT OF TIME!

For the record, He received 29 years total, and I received 39 years. Where I was sentenced to 25 years for First Degree Murder, he was sentenced to 20 years! Where I was sentenced to 10 years for Attempted Robbery, he was sentenced to 6 years! Where I was sentenced to 4 year for Conspiracy, he was given 12 months! Where I was ACQUITTED of Use of a Firearm in the commission of a felony, he was given 3 years!!! That’s just to put things in perspective for you. I was TRIED; CONVICTED; and SENTENCED to 4 decades, for BEING BLACK!! That’s not what I’m saying, that’s what the facts has shown!

-Alfonso Skyles

Pray For Me(Song from Boosie Badazz)”

There has been much to do, when holding one’s self accountable. I’ve sat and witnessed the many, become victims
to the very environment that’s meant to be productive and rehabilitative. With understanding, I’ve asked myself, if the
inhumane actions done to individuals incarcerated, resemble the same inhumane treatments of individuals who are
in society? I ask myself and God, does the tears and cries of the downtrodden, matter, even though we’ve made the
mistakes that landed us in these unfortunate set of circumstances?

I can’t speak to the mistreatment of the incarcerated, without speaking to the mistreatment of the staff who are in the
trenches with us. My rationale for this expression, is to see and recognize the lacking of Human decency, as it
pertains to ALL PEOPLE; even the Men and Women who work to earn a livable wage…they are also victims of the
Carceral System, as it creates the traumas that often goes unnoticed or unconsidered.
These People…these Men; Women; Sons; Daughters; Fathers; and Mothers, have been hard pressed to do the
right thing, as it aligns with the Human Spirit. In all honesty, I’ve had Staff, care enough about me than the
inhabitants who live around me; those who’re within the exact same position and experiencing the same conditions.
I’ve had Staff and Inhabitants of this environment, care enough about each other, from a humanity stand point, that it
establishes a fondness and respect for the people they are. But it’s too often, that such truths and behaviors are
misrepresented as “Fraternization”, because the respectful smiles and treatments of an individual incarcerated, goes
against the identity of what the Imprisonment of Human Beings has always been.

On August 16, 2024, Greensville Correctional Center, was so short of staff, that they couldn’t manage the regular
issues that are necessary for Housing the Men here. My Unit Manager showed so much strength and
fortitude, while enduring the overwhelming stress of being the Unit Manager, Lieutenant, Sergeant, Floor Officer,
and the floating officer, to ensure that the Officers who worked in the building, were able to have the necessary
breaks. I watched this Woman; this Mother; this Concerned and Professional Person, look Beat Down; Bruised;
Defeated and Unconsidered.
I watched as the choice swirled in the conscious mind of an overworked; overlooked and unappreciated employee.
The unfortunate circumstances, made a Mother have to choose between being a “professional oppressor”, due to
the many unaddressed issues, that makes one choose their profession, over being Mothers; Fathers; and Human
Beings. I watched as adjustments had to be made, as a result of a staff shortage, which couldn’t allow a Mother to
go home, at the respectable hour to pick up her child. I watched her shoulder the burden of the World and the
Heavens, only to become a victim of the lazy mentality, of those who are in authority over Her or work alongside her,
in this environment.
This is not an essay to point fingers or name names. But what has become true from the past, up to now, is that
there’s no accountability of those issues that are often great sound bites or article fillers. Frankly, there is no
Humanized treatment of the staff or the residents of this institution. The fraternal order of “Correctional Officers”, are
only working as the means to support their lives and their families, remaining unconcerned of who suffers the Mental
Strains; the Broken Families; as well as those Questions of one’s very own worth, within a much Bigger Human
Family.
There’s so many OUTSTANDING People, who are currently employed here, at Greensville Correctional Center, that
are leaving here, in order to work at Lawrenceville Correctional Center. One of the best People, who’s a Unit Manager of the Reentry Building and Army Veteran is also leaving. She has always been the proper example of a Good Person; a Great Manager of any and all affairs, that addresses the issues of people… if
their jumping ship, what does that say about the environment and the people who manage/control it, as an overall.
Those are just a few of the people who are losing their own humanity, due to the expectation of separating their humanity from their occupation. They have relied heavily, on those of us, who has made the choice to work towards
Building Bridges and Mending Fences. Yes, those Bridges takes effort and time, but when there’s no efforts put towards the action, which leads to solutions, we fail at the proper outcomes we’re trying to gain.

This next expression is very close to me, and that’s because it speaks to the excessive force, utilized, without having clear and present evidence, to justify such force or the order of that force, being utilized. Please know that I compose this, at a risk of being viewed differently; handled differently; as well as treated differently. But I WILL NOT sit around and allow the very nature of People, to be disrupted, corrupted, or looked at with a biasness, that can’t be shown out of uniform, as it is displayed while in the uniform. Meaning…if you have an ulterior motive, towards the
population of incarcerated Men and Women, then state it; embrace; and outwardly display it, for the Free World to see, as well as the incarcerated one, to know and accept. {NOTE: This is to speak to the Mentality of the environment and how such a Mentality, has not only risked the lives
of people, but the very Humanity that separates the People from animals}. As I am held to the standard of a Human Being first, and Man second; how is it fair and decent, to absolve the Staff Officials of such a standard? So this is
just a few of the Inhumane treatments that’s occurring, within these Imprisoning facilities.}

Alfonso “Ghaza” Skyles (aka. Quillz) (#1134129)

Greensville Correctional Center

Program to Teach Entry-Level College Course(s)

By: Douglas Johnson

[11SEP24_VADOC-Educ_IAP-Proposal_DVJ]

PROPOSAL FOR: VADOC’s IN-RESIDENT ADJUNCT PROFESSOR (IAP) Program to Teach Entry-Level College Course(s)

I. OVERVIEW
1. Intention
A. As the Mentorship Committee Chairman of the River North CC Veterans Support Group, I seek opportunities to serve through educational and philanthropic projects IAW VADOC OP 841.1.VII.3.D.

B. The best thing a prison’s education department can do for an inmate, is to show them their true unlimited potential. That is what the RNCC Education Department has done for me over the last three years. So, it is my intention to carry it forward by proposing this VADOC IAP initiative.

2. My IAP Qualifications
A. I humbly submit to you that I am the best prospective IAP candidate in VADOC to model this proposal based on my extensive educational [1,2,3], professional, and personal experience as a former US Army Major and ODNI/NCTC Intelligence Operations Supervisor [4,5].

B. I am in a very unique position as a mental health & education advocate, mentor, author, and future adjunct professor. With no release date, having served almost seven years, I have remained charge-free and sober [6]. Being an IAP would undoubtedly give me monumental purpose.

C. Throughout the remainder of this proposal (and its enclosures), I will present: the need for a VADOC IAP Program, its significant advantages, potential courses, recommended IAP req., inmate-student funding, and a brief concept/vision for expanding this prospective IAP Program throughout VADOC and other DOCs.

II. THE NEED FOR A VADOC IAP PROGRAM
1. A vast body of evidence-based research concludes recidivism/re-offense and incarcerated infraction rates are significantly lower in individuals/inmates that have completed more educational and mentoring programs while incarcerated.

2. There is a need for this type of IAP Program in VADOC.
A. To meet the extremely high interest-level throughout VADOC for programs like the VT-CFH @RNCC and UVA-Darden @BKCC Partnership Programs.

B. To enable VADOC Education Principals to augment teacher/professor for temporary and/or longterm shortages.

III. STAKEHOLDER ADVANTAGES
1. VADOC having qualified college course professor(s) on-site will have tremendous advantages for all stakeholders: VADOC, partnering universities, inmates, and the IAP.

2. If VADOC and facility principals had a full-time professor they will be able to offer an increased number of in-person entry-level college courses to inmates.

3. Student-Inmates will have a sense of accomplishment in taking a college course, realizing their untapped potential, and gain a greater sense of hope. It can enable them to see that dreams have no expiration dates. Completing a college course can give these students purpose and momentum to work towards a degree.

IV. The following are very fitting ENTRY-LEVEL COURSES for this program:
1. Humanities
2. Creative Writing
3. Critical Thinking
4. Peace & Conflict Resolution
5. Self-Awareness in Avoiding Recidivating

V. RECOMMENDED REQUIREMENTS TO BECOME AN IAP:
1. Masters Degree in field. Under exceptional circumstances, significant professional experience for academic credentials may be substituted at discretion of the hiring university.
2. Charge/infraction-free for at least 10 years.*
3. No drug-related charges while incarcerated.
4. Trusted-stellar reputation with VADOC leadership/staff.
5. Random drug-tests.*
*At Educ. Principal’s discretion.

VI. FUNDING Options
1. Pell Grant
2. Donor Funding
3. G.I. Bill (Military VETs)

VII. IAP PROGRAM POTENTIAL
1. Colorado [7], California, and Maine DOCs already have a similar program. Why not Virginia too?

2. Virginia Tech (and other VA colleges) already have relevant course curriculums that can be adjusted per VADOC MOU requirement stipulations.

3. I am currently pursuing multiple university Letters of Intent (LOI) to be hired as an Adjunct Professor, (VT, UVA, VCU, NSU, VSU, GMU, JMU, ODU, GU, ASU), respectively.
A. Official hiring contingent upon VADOC planning to implement this type of program.
B. LOIs RX’d: TBD.

4. As a prospective IAP, I am very willing to be deployed to any prison to teach courses and to train new IAPs, based on your VADOC needs.

VIII. In closing, I graciously thank you for considering this proposal. I know it is an ambitious plan, but I hope and pray that you can see its infinite potential.
I also plan to play an integral role in VADOC’s “Reading Enables All Learners (REAL) Literacy Program.”
Becoming a PhD candidate is a longterm goal of mine. However, this midterm IAP goal is currently more feasible, realistic, and widely impactful.
I will continue to Stand STRONG, make the best use of my ‘Time,’ & remain Purpose-Driven!

Humbly Submitted,

DOUGLAS V. JOHNSON (#1937011)
RNCC-VSG-MCC

There’s No Justice In The Law

by Lord Serious

Justice cannot be arrested by law. Justice cannot be confined to any statute. Whenever lawmakers attempt to codify justice, justice ceases to exist. The framers thought they captured it in the constitution, but that is no justice. That is only the imitation of justice. The narrow scope of the law is only a cheap replica of what lawmakers think justice should be. Do these man made laws truly serve the greater good? If so, then why do these public safety policies result in disparate treatment that makes disadvantage groups feel unsafe? When the law being implemented in the interest of justice serves only special interest; these laws aren’t just, they’re just the law.

Justice is an art, the law is a science. One is abstract and infinite while the other concrete and finite. It is justice that established the four seasons and equally divided time between day and night. It is the law that caused global warming and decides daylight savings time. The law’s limitation is that it can only impose penalties. But justice is boundless in its ability to grant rewards. The nature of law is to discriminate. But justice will befriend an enemy, because it’s nature is to be indiscriminate. The law can be used to condemn and incriminate the innocent. Justice has fulfilled its purpose when it redeems and liberates the guilty.

The criminal justice system is a system of laws governing institutions to punish those who have violated the law. This system is so structured that it has an inherent bias towards the social conditions of the impoverished. Those who are being marginalized and excluded from mainstream society are disproportionately underemployed. They disproportionately suffer from mental health issues. Furthermore, their environmental conditions disproportionately exposes them to traumatic experiences within their homes and in their community.

As a direct result of these conditions, a major disparity exists between which socioeconomic class receives heavy scrutiny under the law and which receives a slap on the wrist. There are disparities in how the law penalizes the white collar and corporate crimes predominantly committed by the upper class. Versus how the law punishes the property crime, substance abuse, and violent crimes that are caused by poverty. Justice will always correct imbalance wherever it may exist. But the laws inhibit justice, because they are what cause the imbalances within this society to increase: the wage gap, the shrinking middle class, the opioid crisis. All of these social conditions are symptoms of the larger class conflict. These are the effects caused by laws that reflect the predatory behavior of the capitalist elite.

It is the law that permits the capitalist elite to cause an economic crisis that disproportionately harms middle class and lower class Americans. Increasing layoffs and unemployment nationwide. It is the law that provides government bailouts to the wealthy, but provides no relief to the member of the middle class facing foreclosure. It is the law that allows the institutional investor to buy these single family homes for pennies on the dollar and gentrify impoverished neighborhoods. Then put these properties back on the rental market and raise rent on the underprivileged. It is the law that permits the increase of evictions and then passes new laws to ban homeless encampments.

For this system to be just, it must stop punishing its citizens for being victimized by the very social conditions the laws create. Until lawmakers see those of us on the bottom of the social hierarchy, the laws will continue to protect the capital interest of their donors and special interest groups. Until legislators open their eyes to the social disorder being caused by the predatory behavior of the upper class, the law will continue to be wielded as a weapon to criminalize every member of the American underclass who accepts defeat. The law imposes retribution and it demands deterrence, but justice repairs harm and it restores balance. Laws penalizing those responsible for structuring this society in a way that causes the conditions influencing criminal behavior do not exist and they never will. These conditions are only allowed to exist, because there is no justice in the law.

P.E.A.C.E
Proper Education Always Corrects Error

Lord Serious Hakim Allah

(aka James Boughton # 1404741)

Lawrenceville Correctional Center

Play Time

By: Jennifer Zukerman

How can we look up
to a system so corrupt?
Watching former presidents
fly by, unscathed,
to give them countless tries?
Meanwhile,
they look down on the little guys?

Take it from me.
Little guy here!
The system has
blood rushing to my ears,
and fed every last fear.

Yet here stay the gears,
plotting and churning,
as I spend the darkest nights,
tossing and turning.
Justice has become jaded,
and all the gears inside
are either
burning or hated.

Jennifer Zukerman (#2080583)

Fluvanna Correctional Center for Women

Running Club

By: Douglas V. Johnson

Congratulations to the participants of the victim impact-related “416-2-911 RUNNING CLUB” program at RNCC. Due to the years-long waiting list for the Victim Impact Program at RNCC, incarcerated military Veterans took the initiative to start a running club in honor of the victims in their cases, their families, and their own families. The running club also doubles as an empathy-building, mentoring/peer-support program.

On 4-16 (2007), there were 32 Virginia Tech students and faculty members killed in a mass shooting. On 9-11 (2001), there were 2,977 people killed in the deadliest terrorist attack on U.S. soil.

In the five months between 16 April and 11 September, the twenty-man Veteran and non-Veteran running club ran a combined total of 2055 laps (222 miles) around their recreation yard. On 9-11, they closed out their run with an Army cadence.

The requirements to be in the running club:
1.) Request to be added to the RNCC Victim Impact Program wait list;
2.) Watch the VADOC Victim Impact video (on JP6 players);
3.) Participate in H.O.P.E. (Helping Ourselves Progress and Evolve) Self-Awareness Program discussions/conversations;
4.) Intend to stay infraction-free, and
5.) Most importantly, to realize that they are running with a purpose.

If we are genuinely striving towards personal growth, it is critical we realize our crimes still have a tremendous ripple effect on others. The greatest service that we can do now, is to not waste the time they are serving in prison.

Although program opportunities and mental health services may be severely limited while we are incarcerated, let us all continue to take the initiative in creating our own opportunities for our personal growth.

DOUGLAS V. JOHNSON, II (#1937011)
RNCC Veterans Support Group
Mentorship Committee Chairman

*RNCC Facility Leader/Lead Mentor/Education Advocate for The Forty STRONG, Brilliance Behind Bars, & TF CXJ III