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Video still. On June 10, 2012, Maine Department of Correction’s employee, Captain Shawn Welch sprays OC spray into the face of prisoner Paul Schlosser who is bound in a restraint chair after Schlosser, who has an infectious disease, spat at an officer.
The pepper-spray – dispensed at point blank range – to the face of the restrained prisoner was horrific enough, but it was the use of the spit-mask that truly reflects the vindictiveness of this act of torture. Put on prisoner Paul Schlosser’s face after the pepperspray had doused his mouth, face and eyes, the spit-mask kept the irritant closer. If there was one consistent cry from Schlosser it was that the mask be removed.
Last week, the nation was shocked by video footage of Captain Shawn Welch, a Maine correctional officer discharging oleoresin capsicum (OC) spray, without warning, into the face of Paul Schlosser. Welch held the Mark 9 canister about 18 inches away. The Mark 9 is intended for disabling multiple people at a distance of no closer than 6 feet.
Some experts say the use of pepper spray can be a reasonable way to get control of a situation, even if a person is restrained, but in this case is seemed wholly unnecessary. It seems vindictive and personal.
The incident occurred in June 2012 and the video came public following a leak. The Portland Press Herald broke the story. Welch was initially sacked but later reinstated following an appeal that took into account his service to the Maine Department of Corrections. It is scandalous that this man returns to a uniform.
Furthermore, as Press Herald OpEd argued the MDOC hunt for the source of the leak missed the point. The issue is the abuse the video shows.
The Press Herald’s coverage of the story has been thorough and I quote from it comprehensively below. The matter that stood out for me was the investigator’s observation that the confrontation became personal between Welch and Schlosser.
In the 24 minutes between Schlosser being sprayed and when he can wash the spray off his face, Welch strolls in and out of the cell holding the OC spray canister, telling Schlosser that if he doesn’t cooperate, “this will happen all over again.”
“You’re not going to win. I will win every time,” he says.
Welch says repeatedly, “If you’re talking, you’re breathing,” suggesting that as long as Schlosser was complaining, he was not in serious medical distress. Welch does call for a member of the prison’s medical staff.
At one point, he whispers to Schlosser, “Useless as teats on a bull, huh … What do you think now?” an apparent reference to an insult Schlosser directed at him two days earlier, according to the investigator’s report.
The investigator concluded that Welch’s treatment of Schlosser was personal.
“Welch continues to brow beat Schlosser and it looks like he has made this a personal issue,” said Durst in the report. “There is not one incident of de-escalation and in fact Welch continues to escalate the situation even after the deployment of chemical agent.”
Schlosser had been self-harming and refusing medical attention, actions which led to the extraction from his cell by riot-gear-clad prison guards.
Welch told an investigator that the use of pepper spray was appropriate because Schlosser, who has hepatitis C, had spit at an officer.
Schlosser gasps and fights for breath. He tries to lean forward to spit out the spray, but the guard holds his head against the back of the chair. One of the guards then puts a spit mask on Schlosser. The mask traps the irritant against Schlosser’s face, at one point covering both his mouth and nose.
Schlosser says he can’t breathe and promises not to struggle or argue anymore.
Pepperspray instantly dries out mucous membranes in the eyes, nose and mouth causing intense and overwhelming pain. Pepperspray leads to a sensation of not being able to breathe, although a National Institute of Justice study found it does not compromise a person’s ability to breathe.
“It’s just like getting jalapeno pepper in your eye, only multiplied by a bunch,” said Robert Trimyer, a use of force instructor and OC trainer with the University of Texas Health Science Center Police Department in San Antonio. Depending on the concentration, OC spray is roughly 300 times “hotter” than a jalapeno pepper.
“It’s painful, but it goes away. The people that have the problem breathing, it’s really more of the anxiety involved,” said Trimyer.
Yerger believes that putting the spit shield on top of the pepper spray would intensify the effect of the spray.
“I have never heard of any trainer I have ever worked with as a peer that would ever say, ‘Put a spit hood on someone after pepper spraying them,’” he said.
“They’re spinning out of control. Restraint, pepper spray, now cover their face — you’re just escalating the situation. In cases I’ve reviewed when people have died in a (restraint) chair, it’s not uncommon to see factors like that involved.”
Above Schlosser’s restraint chair is the Seal of Maine, on which the latin word Dirigo, meaning ”I lead” is emblazoned. Welch only demonstrated to his colleagues how to posture and escalate a situation. The irony ceases to matter when the outcome was so violent.
Independent experts and everyday folk can see that if spit born Hep-C was the real issue here then the spit mask should have been put on long before Welch whipped out his Mark-9 canister. And to be honest, wouldn’t anyone spit after pepper-spray to the face?
Welch was ordered to take a personalised re-training program except the MDOC sent him away: It had nothing to teach him as he had already taken all recommended courses to the highest qualification. Didn’t seem to inform his conduct in this case, though.
After the episode, Schlosser was sent for a time to Maine State Prison in Warren for mental health treatment and returned to the Windham prison, where he is now in the general population. He said he is doing much better and has had no further encounters with Welch, although they see each other regularly.
Laura Schlosser, mother of inmate Paul Schlosser, watches the video Tuesday, March 12, 2013 of an incident involving her son and Welch. Shawn Patrick Ouellette/Portland Press Herald.
Found photo of an unknown prison cell.
The DVAFOTO interview opens with my account of my arrest and 9 hours in jail in late 2011. The HBM podcast is about a workshop I delivered in Sing Sing State Prison, New York.
It may be ironic that I’d get locked-up during a research trip that is questioning incarceration, but it’s not funny and it’s no badge of honour. My actions were foolhardy and the police officer’s actions were over-zealous.
I’ve been thinking beyond what I think about the experience (It was stupid, bureaucratic and inconvenient), and more about how I think of the experience (What insight did I gain? What interactions did I have? Who did I meet?)
Inside the release-tank were about 15 men. They were there for different reasons. One young man faced a significant bail amount for a significant possession offense while another was brought in for cycling drunk in the wrong direction of the cycle path on a quiet road. Some men were in for DUI’s and in some cases not their first DUI. Two or three slept through the hours. Others were quiet and some told stories. The younger ones were more talkative and boastful. Several tried using the phone but only one succeeded. When they found out I was in for peeing on a tree and not answering questions they thought it was lame. Lame offense, lame arrest.
A tray of peanut butter sandwiches was brought in, but not enough. Some jumped on them, others weren’t interested. I think one person got two sandwiches.
Of the men with DUIs, I had little sympathy. They didn’t seem to acknowledge that their actions were potentially lethal. For a couple of them, cash-fines, points on their licenses and driving bans didn’t seem to be much deterrent.
A few men seemed contrite. Others seemed beaten down with either addiction or repeated arrogance.
I had huge sympathy for the drunk cyclist. Maybe in this fifties. Grey hair. He thought he was getting out until the administration realised he was a parolee. The bike-ride proved a violation and he was to be automatically rearrested and jailed for a fixed term. He had a job and children. Because of a night of excess, he was to lose those things again. Sure, his behaviour could have been better, but I think the authority’s response was of excess.
I didn’t ask what they did and they didn’t ask me. It was a small space. It was very dirty but not quite filthy. We only moved our place when others left and they did so in groups of 3 and 4 throughout the hours.
Part of me wishes I’d taken the opportunity to ask some questions, tap some opinions (I may have met a great conversationalist who’d improve my thinking as much as I hoped I might improve his). The other part of me knows only an intrusive nerd would be ask out-of-the-blue questions about personal circumstance and attitudes; especially in a temporarily-occupied cell at an unpredictable time.
Two weeks later: No court appearance. No charges brought.
Why is this relevant? The arrest and dismissal of charges — actually, the incomplete documentation of the arrest and dismissal – almost jeopardised my visit to Sing Sing to carry out a workshop with attentive, challenging, respectful and curious students of the education program there.
An arrest will always feature on a record, whether or not a conviction is brought, so-told me a law enforcement employee over the phone. New York Dept. Of Corrections which administers Sing Sing knew I’d been arrested but the information ceased there. I had to scramble for paperwork (that had not been given to me) to prove I had no criminal record. I wonder how much inefficiency and potential mistakes contribute to unfair and/or heightened levels of control. Frustration must be infinite in the prison industrial complex.
All in all, I’m glad I was able to teach and learn in Sing Sing and doubly happy that Jeff Emtman was able to craft a fine podcast splicing together audio of prisoners speaking, myself speaking, music and sound. Jeff conceived of the podcast titled The Other One Percent, to broadly challenge listeners to think about prisons and solutions.
The class, as a whole, discussed many images but specifically in the HBM audio, Robert Rose, Dennis Martinez, Deshawn Smalls and Jermaine Archer talk about these six images.
The first image mentioned is the one below by Brian Moss …
“Fear, I think people would think fear,” says Sing Sing prisoner, Robert Rose. ”They can’t see what goes on in here, just as we can’t see much of what goes on out there.”
… then the three below by Alyse Emdur …
“Something needs to be said about the families who also do time. They are part of the narrative of mass incarceration, but they’re not talked about. They end up carrying the burden,” says Deshawn Smalls, Sing Sing prisoner.
… and finally, the two images below by Richard Ross of juvenile facilities.
Sing Sing prisoner, Jeremy says, “You may have a man who refused [to adhere to regulations] and this is him in this picture. You probably won’t see the man at first, but he is there.”
HERE BE MONSTERS (HBM) is a podcast audio series about fear and the unknown, by Jeff Emtman, a 2012 Soundcloud Community Fellow.
HBM has previously covered Juggalo culture; placenta medicine; train-hopping; the disillusion and resignation of a favored NPR correspondent; a children’s book about a hallucinogenic trip; and the mind-made images created by the human brain when the body and the eyes experience total darkness – a condition known as ‘Prisoners Cinema.’
I like what Jeff is doing. I’m happy to share my experiences with him.
If you’re still interested in what I’m up to, I cover my immediate plans in the DVAFOTO interview. We also talk about what bloggers can do and do do.
The Other One Percent (Here Be Monsters podcast)
Interview: Pete Brook On The Road (DVAFOTO)
“I imagined you’ve seen lots of prison everything so it’s a bit intimidating to send you anything for fear I’m just repeating,” said the anonymous tip off in my inbox. The link was to a film entirely new to me. It blew me away and will you too.
Jonathan Borofsky, famous in recent years for a bunch of monstrous sculptures of 2-D men (usually hammering the air), made Prisoners in 1985. It’s one of the best prison films I’ve seen, mainly because Prisoners doesn’t weave too persistently one particular tale or one particular journey. To be reductive, I’d argue that this is the unique artist’s treatment of the subject in stark contrast to the straight documentarian’s treatment.
Generally, prison documentaries are often about trial and adversity; they necessarily have to depict struggle and hope from all angles. In other words, documentaries are often part-advocacy and answers. Borofsky just had questions. The answers the 32 California prisoners had for him in interviews will stay with you.
Part horror testimony, part philosophy, part confession, part therapy, Borofsky’s Prisoners is a tour de force. It was made in the mid-eighties just as the era of mass incarceration took hold. Back then prisoners had the same issues – poverty, drug addiction, histories of childhood abuse and adulthoods of transgression, bad circumstance and bad choices – there were just fewer of them.
The opening of the film includes atmospheric music and cuts of the more bizarre statements. It jolts. But don’t think Borofsky is setting these men and women up for a fall. Yes, his artistic hand is all over this, but he gives each of the prisoners plenty of time to pierce through our bullshit and take us right to their reality. If it seems weird, it is probably because Borofsky’s subject live weirdness every day. Borofsky let’s them speak. He shows their common institutionalisation but does not pity them.
Photo: Leah Nash for The New York Times. Plates in “The Last Supper,” a show that features Julie Green’s plates depicting death-row meals.
A couple of years ago, I visited the studio of artist Julie Green. I was compelled to do so because I was convinced that her The Last Supper project was more relevant and hard-hitting than the many, many photo projects about the last meals of the executed.
Kirk Johnson has written The Last Supper for the New York Times:
The underlying and compelling theme of the work is choice. What do people who may have lived for years in prison with virtually no choices at all do with this last one they’re offered? Do they reach back for some comforting reminder of childhood? (Professor Green suspects as much in the cases of meals like macaroni and cheese or Spam.) Do they grasp for foods never tried, or luxuries remembered or imagined? (One condemned man ordered buffalo steak and sugar-free black walnut ice cream; another, fried sac-a-lait fish topped with crawfish étouffée.)
As Green says she won’t stop painting until the death penalty is abolished, there’s a long way to go with this project. It’s great to see it going from strength to strength and pressing the issue to the fore. Bravo, Julie.
Accompanying the show is a 520-page lunker of a book. The Arts Center received sponsorship assistance to publish a full color catalog of the 500 plates. The catalog will be for sale during the exhibit for an introductory price of $50 (after February 16, 2013 the price will go up). To purchase a catalog, please contact Hester Coucke and let her know a good time to contact you during the business week.
Barack Obama is TIME’s Person Of The Year. The accolade is less interesting than Obama’s words in the TIME interview. The President of the United States talks about criminal justice and prison reform. Obama says,
“There’s a big chunk of that prison population, a great huge chunk of our criminal-justice system, that is involved in nonviolent crimes. I think we have to figure out what are we doing right to make sure that that downward trend in violence continues, but also, there are millions of lives out there that are being destroyed or distorted because we haven’t fully thought through our process.”
Granted it takes until the fifth page (of five) until we get to criminal justice issues. But, still. I’m going to say ‘wow’.
In November, I half-wrote a blog post about the complete absence of talk about criminal justice policy during the presidential debates. It never published; the details were more depressing than the simple fact. These words by Obama in some way make up for that. Watch this space. Watch Obama’s team.
via Prison Policy Initiative.
Two million voters disenfranchised in key swing states. Something to think on this week and next.
You’d think after 26 months in an Iranian prison, Shane Bauer would not be interested in seeing the inside of another cell. Think again. As I’ve noted before, Bauer is a journalist with human rights at the core of his stories.
Since his return to the U.S. he has been increasingly involved in describing the real problem we have with our approach to corrections. From Bauer’s Mother Jones feature piece:
I’ve been corresponding with at least 20 inmates in SHUs around California as part of an investigation into why and how people end up here. While at Pelican Bay, I’m not allowed to see or speak to any of them. Since 1996, California law has given prison authorities full control of which inmates journalists can interview. The only one I’m permitted to speak to is the same person the New York Times was allowed to interview months before. He is getting out of the SHU because he informed on other prisoners. In fact, this SHU pod—the only one I am allowed to see—is populated entirely by prison informants. I ask repeatedly why I’m not allowed to visit another pod or speak to other SHU inmates. Eventually, Acosta snaps: “You’re just not.”
Bauer excavates the policy and the logic, if you can call it that, used by the CDCR in their categorisation of prisoners and how those policies lands individuals in solitary. Pelican Bay State Prison, the oldest state-built Supermax, is Kafkaesque in its imprisonment of prisoners classified as gang affiliated. Bauer describes the *evidence* used by the CDCR in its case tying Dietrich Pennington to gang activity.
In Pennington’s file, the “direct link” is his possession of an article published in the San Francisco Bay View, an African American newspaper with a circulation of around 15,000. The paper is approved for distribution in California prisons, and Pennington’s right to receive it is protected under state law. In the op-ed style article he had in his cell, titled “Guards confiscate ‘revolutionary’ materials at Pelican Bay,” a validated member of the Black Guerilla Family prison gang complains about the seizure of literature and pictures from his cell and accuses the prison of pursuing “racist policy.” In Pennington’s validation documents, the gang investigator contends that, by naming the confiscated materials, the author “communicates to associates of the BGF…as to which material needs to be studied.” No one alleges that Pennington ever attempted to contact the author. It is enough that he possessed the article.
Getting out is a Catch-22 that is best described by Bauer than I.
For the longest time, there was a media blackout in California prisons and very few journalists got in to the SHU. I have heard from a few reporters and photographers this year who have visited Pelican Bay’s SHU but on a very tightly controlled media tour. Ultimately, Bauer wants to decode what purposes are served by solitary confinement. The CDCR argues it keeps prison violence down, but …
Prison violence fluctuates for myriad reasons, among them overcrowding, gang politics, and prison conditions. It’s impossible to say for certain what role SHUs play; what is clear is that in states that have reduced solitary confinement — Colorado, Maine, and Mississippi — violence has not increased. […] Since Mississippi State Penitentiary at Parchman released 75 percent of inmates from solitary in the mid-2000s, violence has dropped 50 percent. CDCR officials claim California is different because the gang problem is worse here, though they don’t have data to confirm this.
Bauer goes on to compare the correspondences he received as a prisoner with the letters he receives from Californian prisoners during his investigation. He describes the extreme psychological stress of solitary confinement and possibility of less labyrinthine regulation of SHUs with forthcoming CDCR policy changes (which may or may not transpire.)
He also offers readers to chance to contact the prisoners in the article.
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UPDATED: Oct 23rd, 2012
Recently, Nina Berman and I talked about Stop & Frisk in New York and the difficulties for photographers to depict the issue. Of course, there is the possibility of citizens documenting Stop & Frisk.
Stop & Frisk is a matrix of interactions (1,800 stops per day) that go on between between NYPD and members of the public … and in almost every case without audio or visual documentation.
Stopped-and-Frisked: ‘For Being a F**king Mutt’ by Erin Schneider and Ross Tuttle for the Nation is one of the best presentations of this controversial recent issue I’ve come across.
Schneider and Tuttle’s video centres around the story of a Harlem teenager named Alvin who secretly recorded NYPD officers during a stop.
In the course of the two-minute recording, the officers give no legally valid reason for the stop, use racially charged language and threaten Alvin with violence. Early in the stop, one of the officers asks, “You want me to smack you?” When Alvin asks why he is being threatened with arrest, the other officer responds, “For being a fucking mutt.” Later in the stop, while holding Alvin’s arm behind his back, the first officer says, “Dude, I’m gonna break your fuckin’ arm, then I’m gonna punch you in the fuckin’ face.”
Alvin’s treatment at the hands of the officers may be disturbing but it is not uncommon. According to their own stop-and-frisk data, the NYPD stops more than 1,800 New Yorkers a day. A New York Times analysis recently determined that more than 20 percent of those stops involve the use of force. And these are only the numbers that the Department records. Anecdotal evidence suggests both figures are much higher.
The multimedia piece is 13 minutes and worth every moment. Illuminating, shocking and important.
And on the topic of sousveillance, the NYCLU recently released the Stop & Frisk Watch App which allows bystanders to fully document stop-and-frisk encounters and alert community members when a street stop is in progress.
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