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(en) US, anarchist prisoner news -please post- thanks

From roar river <riverroars@yahoo.com>
Date Mon, 24 Feb 2003 22:26:05 +0100 (CET)


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February 2003
Rob Thaxton and Brian McCarvil are in the Disciplinary
Segregation Unit of the Oregon State Penitentiary.  They are
Anarchist prisoners being singled out for repression due to their
beliefs.

Letters of support are needed to be written on their behalf.  The
timeline is now - until they are out of the hole.  Letters should be
sent to Rebecca Prinslow, Inspector General, ODOC Central
Administration Office, 2575 Center Street, NE, Salem OR
97301-4667 or  e-mail her @ rebecca.prinslow@state.or.us 

A sample letter follows.  Please write your own or add more if you
have the time.  Thank you on behalf of Rob and Brian. 

Send copies of all text messages and ODOC responses to APLAN
for their records at: weneversleep@ziplip.com or Anarchist
Prisoners? Legal Aid Network, 818 SW 3rd Ave PMB 354 Portland,
OR 97204

Background:  

On Tuesday January 7, 2003, Misconduct Reports were delivered to
anarchist prisoners Rob los Ricos (Robert Thaxton) and Brian
McCarvill at Oregon State Penitentiary (OSP). They were
subsequently transferred to Disciplinary Segregation ?The Hole".
Rob was written up for ?Disobedience of an Order I? and
?Unauthorized Organization I?; we assume that Brian?s charges are
similar and he has also been sent to the Hole. Rob now expects ?4
months in a box? and both Rob and Brian may be transferred to
another Oregon Department of Corrections (ODOC) institution.  In
addition, Rob has been falsely labeled as a member of the Earth
Liberation Front. The ELF is considered to be a terrorist group by
the ODOC.  

Brian McCarvill is currently involved in a lawsuit against ODOC
staff, challenging their censorship and rejection of anarchist
publications.

Anarchists are viewed as a gang or Security Threat Group (STG)
within ODOC. The circle-A symbol is considered a STG symbol;
many radical publications are rejected by ODOC mailroom staff on
this basis. Rob made a Declaration in Support of Preliminary
Injunction in Brian?s lawsuit and was also recently Brian?s
cellmate at OSP.  (Lawsuit info follows)

To compliment Brian?s legal efforts, a postcard campaign was
organized by allies on the outside. The postcards featured the
anarchist circle-A and the message ?This is not a gang symbol.?
These postcards were sent in to Rob and Brian. ODOC?s response
was to throw them in the Hole.

Rob is a longtime participant in anarchist movements.  His writings
have been published in such journals as Anarchy: A Journal of
Desire Armed and Green Anarchist. He is now serving a seven-year
and four months, mandatory minimum sentence under Oregon?s
Measure 11 law for throwing a rock at a cop-in self defense- during a
Reclaim the Streets event in Eugene, Oregon on June 18, 1999.

Brian McCarvill is a radical social prisoner. His lawsuit against
ODOC is being supported by the Anarchist Prisoners? Legal Aid
Network (APLAN).

Rob and Brian have both stood up and fought for the anarchist
movement and for prisoner access to radical perspectives.   APLAN
now requests that the movement on the outside does their part to
support them. ?They?re inside for us - we?re out here for them!?

More info can be found at Rob?s defenestrator web site: 
http://www.defenestrator.org/roblosricos/index.html  go to Latest
Dispatch.

Rob and Brian will both need funds in the coming months for basic
expenses since they lost their jobs.  Brian really needs legal funds
for the lawsuit to fight ODOC repression.   Donations for Brian may
be sent through APLAN, or send a money order made payable to:
?DOC for Brian McCarvill #11037967 and send to: Central Trust -
ODOC  P.O. Box 14400 Salem, OR 97309-5077       Please let Brian
know when you send donations.   

Donations for Rob, cash/checks/money orders can be sent to Rob los
Ricos,  P.O. Box 50634, Eugene, 97405

Funds for APLAN?s ongoing prisoner support may be sent as
concealed cash, or checks / money orders with ?Pay to:? section left
blank, to: APLAN 818 SW 3rd Ave PMB 354 Portland, OR 97204 

Write Rob and Brian at: 

Robert Thaxton #12112716, OSP 2605 State Street, Salem OR
97310 

Brian McCarvill #11037967, OSP 2605 State Street, Salem OR
97310

questions?  riverroars@yahoo.com
______________________________________________________________________________

Sample Letter?

February 20, 2003
Your address here

??.

Rebecca Prinslow, Inspector General
ODOC Central Administration Office
2575 Center Street, NE
Salem OR  97301-4667

Ms. Prinslow:

I am writing to protest the current disciplinary segregation sanction
of OSP prisoners Robert Thaxton #12112716 and Brian McCarvill
#11037967.  I request that you reconsider this harsh judgment and
return them to the general population immediately.  Also, please
give them back their jobs, their cell assignments and good time
earned.  They worked hard for these privileges.

Mr. Thaxton and Mr. McCarvill are NOT Security Threat Group
gang members. They are clearly being singled out for repression due
to their political views and their willingness to stand up for their
human rights.  They both have maintained full-time work; they
keep to themselves, they keep themselves healthy and they bother
no one.  Neither they nor their actions threaten or jeopardize the
safety and security of ODOC faculty, staff or their fellow inmates at
OSP.  

Anarchists should not be classified as Security Threat Group gang
members.  Anarchy is a political view and freedom of speech is a
protected right.

In addition, the circle-A symbol represents an idea and is not a
Security Threat Group gang symbol.  The circle-A symbol should
not be used by the OSP/ODOC to interfere with the U.S. Mail.  The
OSP/ODOC mail policies are unconstitutional and have proven to
be arbitrary censorship.  These policies need to be changed and this
repression against Anarchists needs to stop.

Thank you for your careful review and investigation of these
unwarranted disciplinary actions against Mr. Thaxton and Mr.
McCarvill.  Please return them to their previous standing in general
population.

Sincerely,

Your name here

______________________________________________________________________________

Upcoming Prisoner Lawsuit Challenges Anarchist Repression -
By Brian McCarvill

Anarchist and anarchist-friendly prisoners within the Oregon
Department Of Corrections (ODOC) gulag have been and are being
subjected to a steadily worsening crescendo of censorship of
incoming mail and publications. This fascistic activity cannot be
allowed to continue unchallenged or it will not be long before all
material deemed anarchist related will be censored, with the
terminology ?anarchist related?, like ?beauty?, being in the eye of
the oppressor.

Currently, barring simple ineptitude on the part of the authorities,
any piece of mail or publication displaying a ?circle A? symbol or an
anarchist black cross symbol is being rejected wholesale. This has
held true even where the offending symbol is displayed in a news
article photograph in a globally distributed magazine. This policy
alone results in the rejection of most anarchist oriented
publications. However, rejections sometimes are based upon,
?Security Threat Group content? (anarchists have been identified
by ODOC as a ?Security Threat Group?) without any reference to
what content is actually threatening or why.

I recently wrote to Mike Beagan, ODOC STG Management
?Inspector? asking for relief from the censorship and for an
explanation as to what criteria and legal mechanism ODOC used to
brand anarchists as a security threat group. This is the absurd
Orwellian doublespeak I received back:

?The anarchist movement in Oregon has grown to where it is a
serious concern to law enforcement, and the public, due to it?s
increased violence towards others. As such the so called ?circle A?
is a well known rallying point for those within the movement.          

The policy of the Oregon Department Of Corrections is a zero
tolerance for any STG related activity. Each publication is
evaluated upon it?s own merit and either accepted or rejected.?

As you can see, these authoritarians, with self-appointed pompous
verve, refuse to discuss or consider their intrusion upon inalienable
humanitarian rights. And so I am bringing suit in the Oregon federal
court system. I will be challenging the classification of anarchism as
an STG, the over-broadness of this classification, and why there is
no procedural due process vehicle in place to challenge,
meaningfully or otherwise, this unilateral classification. I will be
challenging the rejections based solely upon the symbols ?circle A?
and ?Anarchist Black Cross?. I will be challenging the denial of
substantive due process where mail is rejected for ?STG content?
without identifying that content and without identifying why that
content deserves rejection. Lastly, I will be challenging the
conversion of my personal property in the form of the rejected
mail/publications.

The court battle is expected to be drawn out and difficult. Those
are the common tactics of the Attorney General?s office, the
champion of ?the people?. At the same time as they are both
dilating and avoiding the issues before the court the fascists will
attempt to brand the issues as frivolous, malicious, and not
constituting a legal claim upon which relief can be granted. Usually,
and I make this statement without any naive pretense, the court
will find for ?the people? after giving much lip service to
constitutional rights. Just the same, there is grandeur in the effort,
the truths are self-evident, and we must not fear the path of truth
for the lack of people walking on it.

Anyone caring to comment to the court on these issues may do so
by writing the court care of me: Brian McCarvill #11037967, OSP,
2605 State Street, Salem OR 97310. 

Donations desperately needed!  The Oregon State Penitentiary
consistently rejects anarchist publications. The radical community
within the walls of OSP wishes to take the Oregon Department of
Corrections to task in a civil rights lawsuit. Outside supporters
have been unable to date to raise funds for legal representation.
This writer, an experienced prison legal litigator, will soon file suit
within the Oregon courts. Litigation is expensive, even more so for
prisoners without incomes. Donations, no matter how small, are
urgently requested and can be made by sending money orders or
cashiers checks only made out to: ?The Prison Account of Brian
McCarvill #11037967? and sent to:   Central Trust,  PO Box 1440,
Salem  OR 97309-5077.

If you do send a donation, please write to Brian McCarvill
separately at: Brian McCarvill #11037967, OSP, 2605 State St.,
Salem, OR 97310.

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