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Probe Uncovers Strip Searches, Chains and Racism at Prisons
SACRAMENTO - Jason Brannigan's eyes widened as he relived the day he says prison guards pepper-sprayed his face at point-blank range, then pulled him through the cellblock naked, his hands and feet shackled.
RANDALL BENTON / rbenton@sacbee.com
An officer stands in a tower overlooking the behavior management unit at the Substance Abuse Treatment Facility in Corcoran. Five years ago, the state opened behavior units for inmates deemed troublemakers. At High Desert State Prison, inmates have alleged serious abuses. (Image: Randall Benton / SacBee)
"I can't breathe! I can't breathe!" Brannigan recalled gasping in pain
and humiliation during the March 2007 incident.
"They're walking me on the chain and it felt just like ... slaves again," said the African American inmate, interviewed at the Sacramento County jail. "Like I just stepped off an auction block."
Brannigan, 33, said the incident occurred in the behavior modification unit at High Desert State Prison in Susanville, Calif., where he was serving time for armed assault. He is one of more than 1,500 inmates who have passed through such units in six California prisons.
An investigation into the behavior units, including signed affidavits, conversations and correspondence with 18 inmates, has uncovered evidence of racism and cruelty at the High Desert facility. Inmates described hours-long strip-searches in a snow-covered exercise yard. They said correctional officers tried to provoke attacks between inmates, spread human excrement on cell doors and roughed up those who peacefully resisted mistreatment.
Many of their claims were backed by legal and administrative filings, and signed affidavits, which together depicted an environment of brutality, corruption and fear.
Behavior units at other prisons were marked by extreme isolation and deprivation - long periods in a cell without education, social contact, TV or radio, according to inmate complaints and recent visits by The Bee. An inmate of the Salinas Valley State Prison behavior unit won a lawsuit last year to get regular access to the prison yard after five months without exercise, sunlight or fresh air.
State prison officials have known about many of these claims since at least July 2008, when Department of Corrections and Rehabilitation social scientists sent to High Desert to assess the program reported allegations of abuse - including denial of medical care, racial slurs, gratuitous violence and destruction of protest appeals.
The Bee's investigation also revealed a broad effort by corrections officials to hide the concerns of prisoners and of the department's own experts. Their final report, released only after The Bee requested it in April, downplayed the abuses.
James Austin, a researcher who served on a 2007 panel formed by Gov. Arnold Schwarzenegger to evaluate state prisons, said such allegations would automatically trigger an investigation in most correctional facilities.
"You don't really have an option," Austin said. "It's like reporting a crime to the police."
Yet, in an April 6 interview, Scott Kernan, corrections undersecretary for operations, was quick to dismiss the claims as typical of prisoner gripes, adding: "I don't see drastic abuses."
A week after The Bee asked about the behavior unit, internal affairs in the Corrections Department opened a narrowly defined probe, Kernan later said, into what managers did after researchers informed them of the abuse allegations.
Results of that inquiry will not be made public, he said.
Behavior modification units, later renamed behavior management units, were created in six prisons in 2005 and 2006. They were designed for troublemakers and inmates who refuse a cellmate - as an intermediary step between draconian high-security cells and general prison housing.
The units were to feature classes in "life skills," such as anger management. In practice, most classes have since been eliminated and budget cuts have closed three units, including High Desert's.
Most inmates in state prisons are incarcerated for serious crimes and are hardly the most reliable sources. But state researcher Norman Skonovd said he and his colleagues found the prisoners credible because they provided highly consistent stories in separate interviews.
The Bee tested that conclusion by tracking down more than a dozen men who served time in the High Desert unit. Now scattered across the prison system, they had no apparent opportunity to consult with each other. Their stories, supported by hundreds of pages of legal and prison documents, included remarkable consistency about incidents that some called "cruel and unusual."
'We do what we want'
"It was a strip-search, buck-naked in the snow," said Rufus Gray, an inmate who spent eight months in the High Desert behavior unit.
Gray, now an inmate at Calipatria State Prison east of San Diego, was one of several who complained to state researchers or The Bee about such checks.
Laura Magnani with the American Friends Service Committee, an advocacy group, was visiting High Desert on a bitterly cold day in 2007 when she saw a similar scene: a prisoner, in underwear and shoeless, "paraded" across the frozen yard.
"To us, it looked like pure humiliation," Magnani said.
While they stood shivering, inmates said, High Desert guards ransacked cells in a search for contraband, in the process damaging personal photos, and dumping tooth-cleaning powder in toilets.
When The Bee requested a response from High Desert officials on this and other issues in the research report, Kernan said he would answer for them. Such complaints are "very common for inmates in restricted programs," he said, and don't necessarily warrant follow-up beyond a normal complaint-resolution process.
But prisoners said the strip-searches were emblematic of everyday life in the High Desert behavior unit.
Some cells leaked in rainstorms, soaking mattresses, they said, and blankets and toiletries were routinely withheld. Birds trapped in the unit defecated in prisoners' food trays, and prayer books and rugs were confiscated without recourse.
Edward Thomas, who served time in the unit, said in a phone interview from his current setting, California State Prison, Sacramento, that High Desert guards also contaminated inmates' food with dirt and insects and often starved those who complained.
The experience, Thomas said, "was like something that happens in a concentration camp."
Thomas, 46, is partly disabled. His repeated requests for mobility assistance were denied, according to affidavits from 10 inmates.
Guards said Thomas was faking, although medical records show that prison doctors had diagnosed a permanently disabling back condition.
Thomas and former High Desert inmate Lawrence Larry, currently incarcerated at Calipatria, described separate incidents in which the contents of an incontinent inmate's diapers were smeared on cell doors or pushed underneath by guards.
Often, inmates alleged, mistreatment escalated to threats and outright assault.
On his first night in the High Desert unit, James Williams requested a blanket. In response, "the guy put me in cuffs, squeezed them real tight, pulled my arm up my back," Williams said. "He said, 'This is High Desert. We do what we want.' "
Antonio Scott, now imprisoned in Corcoran, said High Desert guards damaged his kidney after he and other inmates withheld food trays to protest poor conditions. Guards beat up five of them in their cells, Scott said.
If true, said Jeffrey Beard, Pennsylvania corrections chief and another member of Schwarzenegger's expert panel, such violence exceeds anything he knows of nationwide. "We make it very clear in our system that we don't tolerate that type of behavior," he said.
Kernan said he could not respond to any specific allegations made by inmates but "we have an extensive procedure for any allegations of inappropriate use of force."
"Man down!"
When Brannigan and his cellmate, Lawrence Larry, heard loud pounding after breakfast on Nov. 3, 2007, they suspected a fight on the upper tier. But there were no shouts, and the sounds went on for over an hour.
At 10 a.m., a guard sounded the alarm, rushed into the cell where the commotion had come from and pulled out Gerardo Martinez, according to the Lassen County coroner's report. Martinez didn't have a pulse.
The scene was reflected in windows of the guard tower as if on a big screen, inmates said, allowing them to clearly view officers' futile efforts at resuscitation.
Martinez, 39, alone in his cell, had hanged himself with a torn sheet tied to the bed frame. He had been moved to the behavior unit because High Desert's security housing was overflowing and, according to the autopsy report, he was on suicide watch. The Tulare County resident, who had a history of mental illness, was imprisoned for stabbing his father to death.
The coroner wrote that guards had checked Martinez at 9:30 a.m. Brannigan and Larry said that they saw no such checks occur and no guard seemed to notice the pounding.
"He wouldn't have died," Larry wrote in a letter to The Bee, if "officers and sargents (sic) were doing their hourly checks."
Charles Lewis, a stocky, young African American, also tried to hang himself in 2007, said his former cellmate, Stephon Fletcher, now out on parole in Los Angeles.
One night Fletcher awakened to sounds of grunting and choking. Lewis - whom Fletcher described as despondent over abuse in the unit combined with a lack of family support - was hanging from a torn sheet. Fletcher rushed to hold him up, loosening the noose.
"I yelled, 'Man down! Man down!' " Fletcher recalled. But he said the guards suspected it was a ruse to get out of the unit. "If you don't stop playing," they said, according to Fletcher, "we're going to let your fat ass die."
After watching for 30 seconds, they told Fletcher to let go, he said. When Lewis went slack, they stormed in and cut him down. Lewis survived.
Court records indicate suicidal inmates are typical in behavior units. So are prisoners heavily medicated for psychosis, and delusional and bipolar disorders.
Court-appointed mental health monitors said Salinas Valley placed an inmate in its behavior unit for refusing to share a cell after he had been sexually assaulted repeatedly. The man suffered from panic attacks. "His risk of self-injury and suicide should be assessed thoroughly and often," the monitor wrote.
At High Desert, a behavior-modification inmate was moved to a special care unit "during the monitor's visit after attempting suicide."
In 2006, the prison system's own experts advised against placing any inmates, particularly those who are mentally ill, in behavior units, said a senior official who helped review the High Desert program.
"Mental health officials said the programs going into High Desert didn't meet behavior modification clinical standards, and research did not support the program as effective in modifying criminal behavior," said the official, speaking on condition of anonymity because he fears reprisals. "They worried that some mentally unstable inmates could be harmed by the program."
During The Bee's March 30 visit to Calipatria, stress seemed to rattle behavior-unit inmate Vu Ha. He wiped his toilet with a towel, wiped his floor, then placed the towel on the floor, carefully lining it up with the cell door. He paced, picked up the towel and repeated the process, over and over.
In an interview, Ha, 30, complained of boredom and isolation. Asked what he does all day, the Vietnamese immigrant replied: "Try not go crazy. Sometimes this (unit) make you want to take some psych med."
Kernan, who oversees all state prison operations, expressed surprise that such inmates were in the behavior units, known in prison lingo by their acronym, "BMU."
"Where somebody had been sexually assaulted or was on a heavy level of meds or was suicidal," Kernan said, "it's hard for me to understand how a warden would say, 'no, you're going to double cell (or) I'm going to throw you in the BMU.' "
"Black monkey unit"
Six months after Brannigan claims he was pepper-sprayed, correctional officer David R. Vincent falsely and openly called him and another inmate "PC" - prison shorthand for someone in protective custody - according to a formal complaint filed by Brannigan, provided by his grandmother.
Spoken within earshot of other prisoners, it was like putting a target on their backs, even though "PC" inmates are never housed in the behavior units, according to Kernan.
Protective-custody inmates, often child molesters, informants or gang defectors, are magnets for prison violence. Brannigan said angry inmates confronted him in the law library, but he convinced them that he had been set up.
Other prisoners backed his account in signed statements. Brannigan later withdrew his complaint, according to an official memo. But the prison still examined the case and, in January 2008, Vincent was exonerated without explanation.
Numerous inmates linked such treatment to skin color.
More than half of the 164 inmates who had passed through the High Desert behavior unit by fall 2007 were black, while African Americans made up about a third of the prison's total population. Inmates said blacks routinely are targeted.
"Several inmates described an incident when staff left one inmate on the floor with rectal bleeding and refused to take him to get medical attention," according to the state researchers' report. When guards arrived, "they said 'It's the f---ing n----- again, let him die.' And they left him there."
Guards labeled the behavior modification unit the "black monkey unit," inmates said. Officers joked, Brannigan said, about how "monkeys" are "always hanging around in there" - a macabre reference to suicide attempts by prisoners of color.
Brannigan's pepper-spray nightmare took place against this backdrop of alleged discrimination.
"It feels like your lungs are on fire," he said, describing the incident.
Brannigan, who is from Sacramento's Fruitridge neighborhood, honors his great-grandmother with a forearm tattoo that quotes from the Bible, "Then the Angel said to them do not be afraid ... " From the jailhouse visiting booth, he outlined the offense that he said triggered the pepper-spray episode: not returning his meal tray after two or three minutes - the time he and other inmates said typically was allotted for meals in the behavior unit.
When "extracted" from his cell, guards slammed him to the ground and savagely kicked his legs, Brannigan said, and "made me strip naked to try to degrade me." They led him to one shower room, and then another, to wash off the burning spray - but found no more than a trickle of water.
An officer later threatened to post online a recording of the incident, which he dubbed "the S&M video," Brannigan claimed.
As he was led by a chain through the cell block, nearby inmates, including his cellmate Larry, gazed in stunned silence through gaps in barriers that guards had placed over cell windows.
A centuries-old icon of inhumanity, Larry said, seemed to have been transported into today's world.
"You will not be informed"
The prisoners knew this sort of abuse was illegal, and they complained via the prison's appeal process. Their complaints usually were discarded, rejected or ignored, they claimed in interviews and formal filings obtained by The Bee.
Nor did prisoners receive responses to letters they said they sent to the FBI or the state inspector general, an independent agency that investigates corrections.
When they requested confirmation that their mail had been delivered, as required by law, officials said mail logs had been lost in a computer crash, according to a memo from the mailroom supervisor obtained by The Bee from Brannigan's grandmother.
When an inmate persisted in pressing claims of excessive force, they claimed, guards sometimes fabricated a charge of "disobeying a direct order," which can add time to a sentence. Or guards implied they would retaliate.
Brannigan quoted officer Leo F. Betti in a written complaint: "You and I better come to an understanding real soon," Betti purportedly said, "or it's going to get a lot worse for you up here."
In 2007, Brandy Frye, a Sacramento resident and Brannigan's then-girlfriend, provided complaints from several inmates to internal affairs and asked for an examination of High Desert. Frye received a response from High Desert Chief Deputy Warden M.D. McDonald.
"Many of the allegations you speak of," McDonald wrote on July 17, 2007, "have been investigated via the appeals process. ... It has been determined that (High Desert) staff is following the policies of (the state corrections department). If staff misconduct is discovered during the inquiry, the appropriate corrective action will be taken. However, you will not be informed of the results of the inquiry or the nature of the corrective action taken."
Corrections undersecretary Kernan said that no formal department probe of the allegations had taken place and he was not aware of any investigation by the inspector general.
'Hide the findings'
The state researchers left High Desert shaken by their July 2007 visit, said Skonovd, a sociologist and member of the group. Skonovd, who also lectures at UC Davis and has more than 25 years of corrections research experience, said he had never seen a similar case.
Beyond prisoners' alarming claims, guards seemed to view behavior modification as a license to make inmates as miserable as possible to compel obedience.
The researchers immediately alerted the correction department's research director, Assistant Secretary Steven Chapman, expecting him to warn higher-ups and prepare for a formal investigation.
Instead, they said, Chapman chastised them and insisted that prisoner complaints be toned down and buried.
"Chapman became visibly angry at the staff and manager ... (and) directed the staff and managers to take no further actions to inform administrators of their findings," research manager Nikki Baumrind wrote after the meeting, in notes obtained by The Bee.
The Bee requested interviews with Chapman and Baumrind, but neither was made available by the corrections department, nor did either respond to direct requests for an interview.
Baumrind's description of Chapman's response was confirmed in notes recorded after the meeting by Skonovd and the other field researchers.
"We did not say that we believed the allegations - just that they were serious and we thought they needed to be reported to the Administration at Headquarters - these involved allegations of constitutional rights violations!" Skonovd wrote. "(Chapman) told us all to not take this information any further - that he would handle it. He was very emphatic about that."
The Bee asked Kernan if Chapman had informed prison or headquarters authorities about the claims. Kernan said Chapman insists that before leaving the prison, the researchers themselves had duly alerted the deputy warden. Yet those researchers and Baumrind all indicated in their notes that they had not - adding that Chapman actually had rebuked them for failing to do so.
Abuse claims were prominently featured in an initial draft of the researchers' report, obtained by The Bee. In the final version, managers directed that the allegations be relegated to an appendix "to hide the (abuse) findings," Baumrind wrote.
In the spring of 2008, Skonovd said he reported the allegations to the state inspector general. The agency would not confirm whether an investigation ever was conducted.
By then, Skonovd maintains, Chapman had begun to retaliate against him, denying him deserved promotions.
Skonovd did not give up. In April 2009, he said he met confidentially with Elizabeth Siggins, chief deputy corrections secretary for adult programs, about the abuse allegations and his retaliation concerns. Siggins declined to be interviewed for this story.
"It is not my custom to go outside the 'chain of command,' " Skonovd wrote in an e-mail to Siggins obtained by The Bee. "However, these issues involve matters of conscience and professional research standards."
Last week he filed a formal retaliation complaint.
"This wasn't really a behavior modification program in any positive sense," said Skonovd, explaining why he continued to push for a formal investigation of the allegations. "In the end it was mostly about punishment and controlling behavior through fear."



21 Comments so far
Show AllThe rate of recidivism in US Prisons is close to 60 percent.
In Norway it is 20 percent. Norway has the most humane prison systems in the world, emphasizing rehabilitation over "Punishment". (Both rates are measuring those arrested and imprisoned again within 2 years of release)
>>The cells rival well-appointed college dorm rooms, with their flat-screen TVs and minifridges. Designers chose long vertical windows for the rooms because they let in more sunlight. There are no bars. Every 10 to 12 cells share a living room and kitchen. With their stainless-steel countertops, wraparound sofas and birch-colored coffee tables, they resemble Ikea showrooms.
>>Halden's greatest asset, though, may be the strong relationship between staff and inmates. Prison guards don't carry guns — that creates unnecessary intimidation and social distance — and they routinely eat meals and play sports with the inmates. "Many of the prisoners come from bad homes, so we wanted to create a sense of family," says architect Per Hojgaard Nielsen. Half the guards are women — Hoidal believes this decreases aggression — and prisoners receive questionnaires asking how their experience in prison can be improved.
http://www.time.com/time/magazine/article/0,9171,1986002,00.html
Norways prison population is 3300.
The United States could certainly learn a lot from Norway's methods of rehabilitation of criminals.
"Norways prison population is 3300."
Just another one of them backward socialist countries that has failed to take advantage of the example provided by the U.S.of A. A guy who was over there told me they don't even talk good english. They ain't never gonna catch up.
the US is the world's #1 incarcerator.
not content with locking up a larger % of their population than any other country, they export the practice.
to Bagram, Basra, Abu Grabass, Guantanamo.......
Amnesty International has the US prison system on it's torture list.
But after all, the abuse of our prisoners is only at the extreme end of the corporate abuse of our citizens. What does it say about the population of a country where the main line of defense is cover up, with vicious and life threatening retaliation? Even the Obama administration isn't taking a strong stand to protect whistle blowers. Could it be there is little desire to do so?
When the people fear their government there is tyranny,
when the government fears the people there is liberty.
~ Thomas Jefferson
I won't name names, but I expected at least one reactionary shock troll to drop in and grunt that jail is SUPPOSED to be brutal and degrading-- enlightened penologists like Sheriff Joe Arpaio can tell ya all about it!
Hey, maybe the long arm of the law finally caught up with the trolls-- apologies to actual refugees from chain gangs-- and they're all sitting in a wi-fi-free pokey wearing pink underwear and munching on furry bologna sandwiches!
Excellent investigative journalism by the Sacramento Bee. I wonder how many papers around the country would have the courage to confront these kind of abuses.
Prison privatization is a major consideration. Also relevant is the thrust towards prisoner abuse that occurred in Texas under Governor George W. Bush. There's an infamous video of prisoners being dragged by their hair, and tolerating other forms of abuse at the hands of their jailers. There's a theory that these kinds of treatment were subsequently implemented by President George Bush in Gitmo and Abu Ghraib.
We don't know if the abuse is connected to feelings of insecurity or anger, or the desire to inflict pain (sadism). We do know that decent people can become abusive quite readily, judging from a 1971 behavioral science project known as the Stanford Prison Experiment.
I suspect the kind of people who work in prisons grow quite insensitive to prisoner complaints, as they're never-ending. For those who've been incarcerated, it's no surprise that prisoners are treated badly--chances are they've seen it themselves. Neglect is more subjective a determination; being that inmates offer a stream of complaints, it's no wonder few get addressed or resolved.
The sad lesson from this story is that our country has fallen into more of a Children of Men-type prisonization of a huge number of its citizens. I don't think the Drug War helps, unless of course you've invested in what was the fastest growing industry in America: its prisons. The prison culture embrace long prison terms as a source of long-term profitability. Ironically, overspending on prisons will likely reduce spending by financially weakened states on prisons.
The Amerikkkan prison system is just another facet of the authoritarian nature of our society. Our culture has moved away from enlightened treatment of prisoners that focuses on redemption to a cruel punishment-based system that ensures recidivism. This reactionary and backward policy creates more wealth for the prison industrial complex.
This industry will expand rapidly over the coming years as the goverment cracks down on those who don't toe the line.
There has never been "enlightened" treatment of prisoners here in the United States to begin with.
The brutalization and degradation of prisoners does nothing to rehabilitate them. It just makes them more violent. That's the plan. Make them more violent and set them free. Then they can prey on other workers and poor, spreading a very useful and profitable fear. The rank and file then buy guns, mistrust their neighbors, elect right-wing politicians who cheat them economically and pass Draconian laws, cut social services. It creates more criminals which then fill for-profit prisons.
lf ya' can't do the time don't do the crime ! l knew a guy who played on the prison football team; went in as a tight end, came out a wide receiver.
I wouldn't wish rape on anyone, Earl...except you. Maybe the aggressor could get creative and leave you with some splinters. That would be nice.
GW North... W O W ! Thanks for sharing the situation in Norway w/ us. In Brevard County, FL two years ago there was an extremely HIGH rate of suicides in the county jails (mostly minority men dying) w/ high rates of OVERCROWDING and deplorable unsanitary conditions being the norm.
This story is and the stories I heard in Fla were part of the reason why I chose to get involved in the prison abolition movement. Just as our wars in Afghanistan and Iraq are helping to waste tax dollars and deny Americans quality education, the prison system denies our citizens the same situation....poor education, broken families and higher rates of impoverished neighborhoods as a result. I hope people will start changing their minds about what kind of society they want to live in...and do it fast...becaue we are heading towards a compelete societal breakdown and bankruptcy as a result of our continuing waste of taxdollars and pent-up hostility as our lives become more and more unmanageable.
There is no reason why Americans have to put up with unjust and unhappy living conditions...we just have to decide that we are better than this and we are not going to take this crap any longer and we are going to make time for involvement in grassroots organizing and mass movement building to MAKE CHANGE HAPPEN...stop waiting to vote someone into office to do what you can do right now....ain't no one going to do anything by your voting them into power. That is just nonsense! POWER TO THE PEOPLE (who get involved)!
Many prisoners are from unprivileged backgrounds. Yet, the system controlled and run by the ruling elite continue to brutalize many of these people as a warning to all others to tow the line or suffer the same fate.
And the rulers don't care that those people will get out someday.
Many will be angry and bitter, and more vicious. It is a great system for the cruel rulers.
Earl-It isn't funny when that guy gets out of prison and then wants to hurt and humiliate someone else because he was hurt and humiliated.
Earl, I hope you never find yourself in the pokey. Pretty soon they'll be arresting you for trying to be funny.
As disturbing as this story is, does anyone find it truly surprising? I've only ever met one or two cops or deputies who I wouldn't describe as thugs. They're generally as amoral or immoral as the supposed criminals they deal with. Pathetic.
while this is, well, I want to say shocking, but...
okay: is this news?
who doesn't know that prisons have been houses of abuse, crime and corruption for a long, long time?
we don't have a justice system...
we have many dysfunctional systems, and a common thread is internal censure...
as long as the people you mistreat are morally bound to adhere to a philosophy of non-violence, and you control all other methods of retribution, you're good to go...
you can use your own violence to your heart's content...
-delected by writer-