Arrest and Bail in Chicago

Arrest and Bail in Chicago/ Eavesdropping

 Planning a trip to Chicago for NATO Summit protests?  Arrested at a protest in Chicago?  Unlike California and some other states, Illinois does not use bail bondsmen.  If you are arrested (not on a warrant) on a misdemeanor or petty ordinance violation while in Chicago, you will be required to pay a bail bond of 10% of the total bail, but a minimum of $120 or $150 must be paid.   This is paid directly to the desk sergeant at the police station where you are being held.  This bail bond amount will usually be $120 or $150 in cash or cashier’s check.  If you cannot pay the bail, the watch commander at the station may authorize that you be released on an “I Bond,” or Individual Bond, which means you are being released on your own recognizance.  If you are arrested on a felony, you will be brought before a judge who will set the bail amount.  You will then have to pay 10% of that amount.  If you show up court, and after your case is all over, you may apply to have your bail, minus some fees, refunded to you.


 
Municipal, State, and Federal Offenses:
If you are arrested at a protest in Chicago, you will probably be charged with either a violation of the Chicago Municipal Code or of the Illinois Criminal Code.  Call me cynical, but I think the City will most likely be trying to charge protesters with Municipal Code violations, so the City can make the money in fines.   Some of the Chicago laws pertaining to protests can be read at:


The  NATO summits are being run by the U.S. Secret Service and FBI.  You might be charged with a federal offense if you are accused of doing anything that affects them, their vehicles, their equipment, or the territory they stake out as a safety perimeter around the event locations.  Please don’t do any of this.

Arrests at Chicago Protests:  It is usually pretty darn easy to avoid getting arrested at a protest in Chicago.  Things that are almost sure to get you arrested at a protest in Chicago are the same things that would get you arrested in public in Chicago, even if it were not a protest, such as: 
  • Being in a park after closing 
  • Interfering with traffic 
  • Use a sound system or megaphone without a permit
  • Graffiti – marking with chalk, marker, paint, etc., on anything that is not your own piece of paper
  • Possession of markers or paints likely to be used for graffiti
  • Any form of property damage or misuse 
  • Doing anything as a group that startles or frightens others
  • Possessing open alcohol or being intoxicated in public
  • Marijuana possession or use (Illinois does not have medical marijuana)
  • Carrying a weapon
  •  Disobeying simple instructions from a police officer
  • Climbing a fence or barrier meant to keep people out 
  • Starting any fire
  • Pointing a laser pointer at a plane, vehicle, or person  
Eavesdropping


UPDATE: APRIL 28, 2012 
According to news reports, Chicago police will not enforce the Illinois Eavesdropping Law during the NATO Summit in Chicago.  This means live streamers are free to record audio with their video without fear of prosecution under the eavesdropping law.  Please see this news article at the NorthWest Times.


older post:
If you plan to bring an audio or video recorder, including a phone with a built-in camera, and if you are not a broadcast journalist, please be aware that it is a crime in Illinois to record any conversation between two or more people without stated specific permission beforehand from each of them.  If you record a police officer in conversation with someone while in the course of official duties, it is a serious felony.  If you wish to videotape an arrest and you are not an actual broadcast journalist, be absolutely sure you are not recording audio.  You may still be arrested, but if you have not recorded audio, you will most likely have a defense.  Please read the full article linked at: Illinois Eavesdropping Law and Video at Protests. 

If you are actually Broadcasting or recording for later Broadcast, the law is slightly different, please read the full linked article and consult with a lawyer.  Illinois Eavesdropping Law and Video at Protests.

If you are an actual broadcast journalist, as some of the live streamers are,  try to get Chicago News Media Credentials and/or the special NATO Press Credentials.     
    

Chicago News Media Credentials


CHICAGO NEWS MEDIA CREDENTIALS
By Sue Basko

see also:  CHICAGO NATO PROTESTS
see also: Where You Can Protest in Chicago and How
See also: Applying for Chicago News Media Credentials.
See also: Arrest and Bail in Chicago/ Eavesdropping




UPDATE: APRIL 28, 2012 
According to news reports, Chicago police will not enforce the Illinois Eavesdropping Law during the NATO Summit in Chicago.  This means live streamers are free to record audio with their video without fear of prosecution under the eavesdropping law.  Please see this news article at the NorthWest Times. 
  
BELOW IS THE CHICAGO MUNICIPAL CODE ON NEWS MEDIA CREDENTIALS.
At the Chicago NATO Summit, a good portion of the downtown area is expected to be a "frozen zone."   There will be two types of press credentials -- Chicago News Media credentials, and then special NATO credentials issued by the State Dept.    

CHICAGO MUNICIPAL CODE
CHAPTER 4-328
NEWS MEDIA CREDENTIALS

4-328-010     Credentials – Required.

4-328-020     Issuance authorized.

4-328-030     Application.

4-328-040     Advisory committee.

4-328-050     Credential – Form and contents.

4-328-060     Surrender of credential.

4-328-070     Credential – Revocation.

4-328-080     Counterfeit or imitation media credentials.

4-328-090     Regulations.

4-328-100     Violation – Penalty.

 4-328-010  Credentials – Required.

     No person shall be eligible to gain access to areas reserved for the news media for the purpose of gathering and editing spot news or photographing news events unless such person is a legal holder of a news media credential as provided herein, and displays such credential prominently and in plain view on their person.

     For purposes of this chapter, the term “news media” means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-020  Issuance authorized.

     The superintendent of police has power to issue news media credentials making the holder, upon properly displaying such credential prominently and in plain view on their person, eligible to gain access to areas reserved for the news media for the purpose of gathering and editing spot news or photographing news events in Chicago.  Such news media credentials shall be issued only to those engaged in gathering, reporting, editing, producing or photographing current news events for newspapers, press associations, radio stations and other news media.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-030  Application.

     The application for such news media credentials shall be made in writing on a form specified by the superintendent, and shall contain such information as the superintendent may reasonably require.  If the credential is sought for an employee of a news media organization, the application shall be made by the employer on behalf of the employee qualified to hold news media credentials. The employer shall represent that the employee on whose behalf an application for a news media credential is made is a reporter, editor, writer, photographer, producer  or broadcaster of spot news.  If the credential is sought for a person who is not an employee of a news media organization, the application shall contain such information and requirements as the superintendent shall specify by regulation.  No such credential shall be issued unless the applicant meets these requirements.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-040  Advisory committee.

     The mayor has power to appoint an advisory committee on news media credentials composed of five members, on which there shall be a representative of the mayor, a representative of the superintendent of police, a representative of the newspapers, a representative of the press associations, and a representative of the radio stations referred to in Section 4-328-020, which committee shall formulate rules of procedure, recommend standards of qualification, examine all applicants for news media credentials and advise with and make recommendations to the superintendent of police, where applicants are qualified, regarding the issuance of the same.

(Added Coun. J. 12-9-92, p. 25465)

 4-328-050  Credential – Form and contents.

     The news media credentials shall be in such form as is designated and prepared by the superintendent of police and shall display a photograph of the credential holder.  There shall also be printed on the news media credential excerpts from this chapter to give notice of the prohibitions provided therein and associated penalty for violation and the conditions under which the credential is issued.  Such news media credential shall be valid for a period to be determined by the superintendent of police but not to exceed two years from the date of issuance.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-060  Surrender of credential.

     Upon termination of employment with the employer which applied for the credential, or other change in status that renders the holder no longer eligible for the news media credential issued to him, the holder or his employer shall return the credential to the superintendent together with a statement of the reason for the return.  It shall be a violation of this section to fail to return the credential under the circumstances set forth herein, and the employer and credential holder shall be jointly and severally liable for such violation.

(Added Coun. J. 9-8-10, p. 99274, § 1)

 4-328-070  Credential – Revocation.

     The superintendent of police has power to revoke any news media credential for improper use thereof by the holder, and upon notice thereof to the employer it shall be the duty of the holder and the employer to immediately surrender the news media credential so revoked.

(Added Coun. J. 12-9-92, p. 25465)

 4-328-080  Counterfeit or imitation media credentials.

     No person shall counterfeit or imitate, or attempt to counterfeit or imitate, any such news media credential so issued by the superintendent of police; nor shall any person use or exhibit, or attempt to use or exhibit, any such news media credential or any credential similar in appearance thereto for the purpose of obtaining press privileges or of passing police or fire lines without authority of the superintendent of police; nor shall any person represent that he is a holder of such news media credential unless he is the actual authorized holder.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-090  Regulations.

     The superintendent of police is authorized to promulgate regulations to effectuate the purposes of this chapter.  The violation of any such regulation shall be considered to be a violation of this chapter.

(Added Coun. J. 9-8-10, p. 99274, § 1)

 4-328-100  Violation – Penalty.

     Any person violating any of the provisions of this chapter or any regulation promulgated thereunder shall upon conviction be fined an amount not less than $100.00 and not more than $200.00.

(Added Coun. J. 9-8-10, p. 99274, § 1)


Oakland: Seed Pods and 8 Felonies. A set-up?

Oakland: Seed Pods and 8 Felonies.  A set-up?
by Sue Basko

Update:  This is a comment from: http://hellaoccupyoakland.org/how-a-seedpod-led-to-400000-bail-and-eight-felony-charges/  Govinda, who was arrested,  thanks Kevin Seal for writing such a good article about his plight, and tells of the great work by his lawyer in getting the ridiculous charges reduced. And -- I'm still asking - Who were the two girls?

Govinda
Thank you for writing this wonderful article. About me. To update you…. I’m free. My wonderful Pro-bono lawyer Howard Williams, got my charges reduced to one misdemeanor assault. And I took the deal. So, I’ll have probation for 3 years, which is not So bad.
Anyways…..hope to see you all at GA tomorrow.

 ********
*********
A story out of Oakland has it that a man named Govinda was at the January 28, 2012 protest that resulted in hundreds of arrests.  Govinda's mother says that he told her that at the protest, he met two girls.  Police were firing tear gas.  Govinda showed seed pods he had in his hand to the girls.  He threw the small seed pods at a police line, was arrested, charged with 8 felonies, and is being held for $400,000 bail.  Now he wonders where the two girls are.  I think the "two girls" are probably undercover law enforcement agents.  

Please CLICK HERE to read the excellent story written by Kevin Seal, a songwriter and musician.

THIS IS MY REPLY:

 Did Govinda ever throw things at the police before?  Or did the "two girls" encourage him to throw things, perhaps by flirting with him or daring him?  If that is the case, the "two girls" are probably "two undercover law enforcement officers" of some sort.

WHY is this probably the case?  Mom says her son has been to many protests.  She says  an undercover officer at a recent protest tried to spook her son by saying his name and address.  Govinda was a prime target for set-up.  So "two girls," which is every man's delight -- show up near him at a protest, talking with him. What did they say?  Did they ask him to throw something?  Did they flirt and make it seem like they would like him better if he threw something? Did they make it seem like he was their hero if he threw things?   He throws seed pods, and 8 police officers file felony reports.   The reports were being given special attention - with IMPORTANT written across the top.   Where are the "two girls"?

I try very hard to warn protesters about this sort of thing.  ANYONE who urges you to throw anything at a protest is most likely an undercover law enforcement agent or infiltrator of some sort.  We have a right to protest, but we do not under any circumstances have the right to throw anything at anyone. 

NEVER throw ANYTHING at a protest.   Strongly question the motives and real job  of anyone who tries to get you to throw anything or who comes up with a philosophy on why you should throw things or who makes fun of or labels those who warn you not to throw things.  Never, for any reason, throw anything at a protest.


Failure to Disperse and Bail Amounts in California: Squelching Protest

Failure to Disperse and Bail Amounts in California
Squelching Protest  
by Sue Basko


The Los Angeles Police Department has been using the protest-squelching technique of calling unlawful assemblies with an order to disperse.  Those not dispersing are subject to arrest under Section 409 of the Penal Code, which makes it a misdemeanor to fail to disperse from a riot, rout, or unlawful assembly.

The Oakland Police Department Policy includes information on how and why an unlawful assembly may be called.  CLICK to see an older policy used by Los Angeles, "Civil Disobedience and Crowd Management."    An unlawful assembly is not supposed to be called unless there is actual criminal activity or if there has been violence.  Mere failure to have a permit or such thing is not supposed to trigger calling an unlawful assembly and order to disperse.

Section 407.  Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. 

Section 409.  Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

It looks like the LAPD is using this technique to squelch protest and chill Free Speech, because the bail amounts in Los Angeles County on Section 409 have been set extremely high – at $5,000.  Very few protesters – indeed, very few people of any sort, have $5,000 handy.  This means many protesters sit in jail for 2 days until they are arraigned and released on their own recognizance. 

Protest arrests in most places result in minor infractions or citations for violation of municipal  ordinances.  So do most simple street arrests.  For example,  when street people in Los Angeles are arrested for staying overnight in a park or on the lawn of a public building, they are charged with illegal camping, a minor violation under State or City law.  When the Occupy LA camp was raided, an unlawful assembly was called even though it was a peaceful protest, and those not dispersing were charged with 409 failure to disperse and charged $5,000 bail.  Calling that unlawful assembly was probably not legal since there were no crimes or violence taking place and the only thing happening was failure to have a permit to protest in that way.  I expect to see this come up in court in the coming weeks..

Also, at the Occupy LA raids, many people trying to disperse from the park were prevented by the police from leaving.  From various accounts, it sounds as if about 30 people were arrested in park when they failed to disperse.  The other 260, or most of them, appear to have been trapped, kettled, or tricked.  There are many accounts of this.  

There is one video where a group of three people is trying to leave the street area, which was walled off by police, and they are told by a police officer to wait to be escorted out of the area.  They wait and are then arrested.  The video shows they are trying to leave, and wary of the officer’s lies.  They were on the sidewalk and committing no crimes of any sort.  This video scared me terribly because this is the kind of trickery that was used by the Nazis to get Jews to follow along with them to death camps.  Out of everything I have seen of the raid, this one thing scared me the most for the future of our nation.  There could be no excuse or justification for arresting people standing peacefully on the sidewalk requesting information on how to leave.  There are many similar accounts.

Let’s compare the BAIL SCHEDULES for several California counties with major protest sites: Click on the County name to download the bail schedule.

SAN FRANCISCO COUNTY: In San Francisco County, 409 is not listed on the schedule.  For all unscheduled misdemeanors, the bail is $3,000 (three thousand).

ALAMEDA COUNTY: (includes Oakland): Schedule lists 409 Failure to Disperse when Ordered with Bail of $2,500 (two thousand five hundred).

SAN DIEGO COUNTY: 409 is not scheduled.  Bail for all California State Code misdemeanors not listed in the schedule is $500 (five hundred), with mandatory court appearance.  The Schedule does list 408 Participating in Rout or Unlawful Assembly with bail of $250 (two hundred fifty) and a mandatory court appearance.

LOS ANGELES COUNTY:  Schedule lists 409 Failure to Disperse from Riot, with $5,000 (five thousand) bail and a mandatory court appearance.  The Schedule does not list the other two things that are in the 409 law – failure to disperse from a rout or unlawful assemblyThe law in general treats unlawful assembly very differently from riot.  Riot is where violence is taking place.  Is $5000 bail supposed to apply to Failure to Disperse from an Unlawful Assembly, even though it is not listed that way in the Schedule?  The Schedule states:

Unlisted Misdemeanors
For all offenses chargeable as straight misdemeanors for which there is no uniform bail and which are not otherwise provided for in this schedule, including unlisted subdivisions, the bail is $500, except that if the minimum fine for the offense (not including any penalty assessments) is greater than $500, then the bail is the amount of the minimum fine.

To me, it looks like L.A. County is supposed to be charging  $500 bail on a 409 Failure to Disperse from an Unlawful Assembly.  The reality is they are charging $5,000.  This excessively high bail, combined with the police routinely calling unlawful assemblies, rather than engaging in cooperation and friendly crowd control, results in criminalizing and punishing protest, which is one of our basic Constitutional rights.    

What Can Be Done on the Protesters' Side:  Protest leaders should be trained in the law and in how to conduct protests legally and peacefully: Stay out of the street.  Keep off private property. March in an organized style so it does not look like a riot about to break out.  Train protesters not to heckle the police. If a person does not know the law and/or does not intend to follow it, do not let such person lead or participate in your protest.  Hold training sessions for protesters before each march, where they learn how to stay on the sidewalk, how to respond courteously to police presence.  Do not allow others to bring megaphones to your protest, because such people can quickly overtake your protest and turn it into something you do not want. Train protesters to be aware of agents provocateurs and agitators in a crowd. Consider training and certifying protest leaders to ensure they know the law and lead protests in safe and legal manner.

What Can Be Done By the County and LAPD: Do not use calling an Unlawful Assembly as a  pre-planned crowd control technique.  Do not send in ridiculous amounts of police or police in riot gear when there is no riot.  Patrol protests in relaxed and friendly stance, rather than as ranks of stormtroopers. Avoid physical attacks on protesters, especially for simple things such as stepping into the street.  Arrest based on what is actually happening, rather than routinely calling Unlawful Assembly.  Clarify the Bail schedule so excessive bail is not charged for failure to disperse from an unlawful assembly.  Some ideas can be found in the PERF REPORT.  Other ideas can be seen in the Oakland Police Department Crowd Management Policy.

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Advocating Overthrow of Government: What is it?

Advocating Overthrow of Government: What is it?
by Sue Basko

In some of the Occupy groups, the question has come up as to whether a stated commitment to nonviolence is needed, and if the groups can be open to those espousing force or violence.   To help form an answer, please read the law below and then consult with a lawyer about your group's situation and who might be in it.  The federal penal code statute on Advocating Overthrow of Government seems self-explanatory, and here it is below.  (and CLICK to read what Violence is under federal law.)
Important - also read about Conspiracy.

TITLE 18  PART I  CHAPTER 115   § 2385

§ 2385. ADVOCATING OVERTHROW OF GOVERNMENT

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

Conspiracy: What is it?

Conspiracy- What is it?
by Sue Basko

Conspiracy is when two or more people plan to commit a crime and at least one of them takes some step toward the furtherance of that crime.  If the plan is to overthrow the government, there does not need to be any step taken, just the plan is enough for conspiracy to exist.   CLICK HERE to read what it means to “advocate the overthrow of government.”  

There are federal conspiracy laws and most states have state conspiracy laws. 

Conspiracy charges can turn a small incident into a major crime.  Sometimes police recklessly use conspiracy charges to harass protesters.  For example, Occupy San  Diego protesters planned to heckle a speech by the mayor, and then they did interrupt the speech.  They were charged with a misdemeanor of disturbing a public assembly and also with felony conspiracy charges.  Apparently these charges were later dropped, but such high charges lead to high bail demands, often spending many days in jail until the bail is lowered,  expenses, and fear. 

Federal conspiracy charges are often lodged against people allegedly planning domestic terrorism.  There has been a whole string of these cases lately and they go something like this:  the FBI sends in a person who befriends the subjects.  The FBI agent becomes whatever the subjects need – a sexy female neighbor, a friend to go out with to a pancake house, a confidant.  The agent lays the groundwork so the subjects open up and talk about their interest in breaking some law – for example, their interest in battling the police, or their desire to put bombs someplace.  The agent also helps them take some step in furtherance of that goal.  Bam!  – they are arrested and charged with felony conspiracy to commit domestic terrorism.

For conspiracy to exist, the plan does not have to be completed, and never is, if there is an agent involved.  The subjects are arrested so the act cannot be completed. 

For conspiracy to exist, the plan does not even have to be possible for the subject to complete.  

If a person joins a conspiracy after certain statements are made, they can be held accountable for those statements.  If you join up with a group of two or more planning to commit a crime, you may be inheriting their prior statements.

You can leave a conspiracy before any act is committed, but the withdrawal must be clearly stated.  This is interesting because I think in most instances where a person has become involved in a criminal plan and wants to get out, they will not announce this to the other members, but will merely shy away.  Perhaps it would be wise for such a person to make a clear statement to someone else.  If there is actually a serious plan to harm any person or property, it may be wise either to report this to the police, or wiser still, to tell a lawyer and ask them to help you officially withdraw from the conspiracy.

CLICK HERE to see a concise write-up on federal Conspiracy law.

FEDERAL CONSPIRACY STATUTE:

18 U.S.C. § 371 : US Code - Section 371: Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

   ..

What's Really Wrong with SOPA and PIPA?

What’s Really Wrong with SOPA and PIPA?
by Sue Basko

What’s really wrong with SOPA and PIPA or any laws that propose to broaden punishment for small time individual users for online copyright infringement is that people do not understand Copyright law. Also, online users expect anything that is available or usable to be free.

During the recent SOPA/ PIPA drama, it became apparent that many peoples’ relationship to copyright law is like the ancients’ relationship to science: They do not understand it, and so they fear it, make up strange theories about it, demonize it, and go on witchhunts about it. I would not be surprised to see people wearing amulets to ward off the Copyright Monster.

Copyright law is so complex. Even many of those online users who seem to want to follow Copyright law appear clueless.

Let’s take youtube, for example. I often see videos that use others’ copyrighted songs (intellectual property), recordings, or film or video footage. Often, the youtube user will post some sort of disclaimer, such as: “No Copyright Intended.” They are clueless that copyright is about COPYING, not about their intention to claim the work as their own – although that is a more obscure form of copyright infringement.

I work with independent songwriters, musicians, studios, and little record labels. These are people in the music industry. Most of them seem to have only the slightest grasp on Copyright law.

When Copyright law was established, it was much more difficult for everyday people to violate it. Photocopy machines did not exist. The internet did not exist. Home computers did not exist. All of the digital means of copying and distributing songs, photos, videos, and written works that are now at the disposal of any 8 year old were not yet invented.

Not too long ago, making copies of a work was an expensive enterprise, and one for which a lawyer would be consulted. Not very long ago, to make a copy of a recording, one had to own the “master,” which was a big deal. The master was an expensive mold from which more identical records could be pressed. Old timey record label and recording studio contracts still talk about the master, as if a digital file could not be replicated a thousand generations with no quality loss.

Most of the Copyright laws have quite a bit of catching up to do so they comport with reality. I think most people want to reward songwriters, photographers, filmmakers, and writers. They also want to instantly share their works at no cost. Therein lies the quandary.

What’s the solution? I do not know, but whatever it is, it must be very simple and very user-friendly.

One of my favorite companies, Rights Flow, has made it easy to file for copyright on creative works. Under Limelight, they have also made it easy to obtain a compulsory license to record a cover song. This is the wave of the future.

It is fair for creative content creators to be able to earn money from their work. How to do so? Some say to offer a selection online for free and then offer premium items for sale. These are the musicians offering a few songs for free, in hope people will buy their other downloads or CDs. These are also photographers and graphic artists, sharing their photos and pictures freely online, but selling high quality prints. These are the bloggers, hoping that allowing readers to read their writing for free online will entice them to purchase books – either ebooks or the ones made of paper.

The least workable solution, in my opinion, is to go backwards in time. Today, violating copyright law is easy and quick and inexpensive (or free) and usually fun, so it becomes important to find solutions where following copyright law is also easy and quick and inexpensive (or free) and at least somewhat fun. User friendly is the key.


Crowd Management and Civil Disobedience

Crowd Management and Civil Disobedience
by Sue Basko

Back in 2003,  police in some major California counties and cities used this manual to learn how to respond to civil disobedience (an unlawful event with a demonstration), unlawful assemblies, and riots.   The booklet is a little old, but it is still useful to see how these things are planned.   Actually, this is golden, and anyone planning to run or participate in a big protest in California should read it.


Topics include chemical agents, dispersal orders, and use of force.  The booklet also gives a very comprehensive list of Penal Code sections that are often used in crowd or riot situations, which includes the now infamous Lynching section.

Needless to say, but I am saying it anyway, recent video out of the Oakland and San Francisco areas show police whacking people with bully clubs just because they can, and firing weapons at people who are standing around doing nothing.  Someone sign them up for a course in crowd management, please.  The West Coast is starting to look way too much like a scene out of a despot-run nation.

Protesters should also learn from these booklets that if they want to avoid turning demonstrations into meaningless "police vs protesters" dramas,  they can actually conduct protests in such a way that they follow the law.  Imagine that!  Being peaceful and law-abiding does not give the same adrenaline rush as starting things on fire or laying down in traffic, but it might be more effective protest.  It is normal boring people who are usually in positions of power to change things, so you may want to appeal to their sensibilities.

For more information about what police do in protest situations, please see:

Anonymous vs PERF, where you can download the PERF report.  
This gives useful information on police best practices nationwide.

Detailed, comprehensive, well-written.   A must-read for the protest planner. 


What is Violence?

What is Violence?
by Sue Basko

The United States Penal Code defines violence as:

TITLE 18  PART I  CHAPTER 1  § 16

§ 16. CRIME OF VIOLENCE DEFINED
The term “crime of violence” means—
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Let's look at this closely.  It's all about "physical force."  And it's physical force against the "person or property of another."   This is not just harm to a person, but also to property.  And it is the "use, attempted use or threatened use."

 If you wondered if using physical force against property is considered violence --  under federal law, yes, this is violence.
 

LYNCHING - What is it?


LYNCHING- WHAT IS IT?
by Sue Basko

On the evening of January 12, 2012, a group of protesters went to the Downtown L.A. Artwalk. This ended with 2 men arrested.  One of them, Sergio Ballesteros, was charged with lynching, a felony.  He is being held on $50,000 bail bond as of this writing.  Update 1/18/2012: Sergio was released on bond several days ago and has an arraignment in February 2012.

  From what I can gather from written accounts and a video, this is what happened:  The sidewalks were very crowded.  A drummer named Adam stepped into the street to walk around a car.  The police swarmed him to arrest him.  The police recognized Sergio and cherry-picked him.  Sergio and his girlfriend were thrown to the ground.  Sergio had just appeared a few days prior on a major mainstream media news talk show, speaking eloquently on behalf of the Occupy movement. CLICK to watch.   Sergio was arrested and charged with lynching.

BIO from MSNBC: 
Sergio Ballesteros, 30, from Los Angeles area. A high school teacher for four years, he is now pursuing his master’s degree in urban teaching at UCLA and working occasionally as a substitute teacher. He camped outside City Hall for about six weeks at the Occupy Los Angeles encampment and was among those arrested when police cleared the site on Nov. 30.

WHAT IS LYNCHING? 
The California Penal Code defines lynching as:
405a.  The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.

WHAT IS THE PUNISHMENT FOR LYNCHING? 
405b.  Every person who participates in any lynching is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.

WHAT IS A RIOT?
404.  (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

HOW DOES THIS APPLY TO WHAT HAPPENED?
It probably doesn't.  The police would have to be saying there was a riot, which does not seem to be the case, unless you count police behavior.  Two or more people would have to be engaging in this riot and using it to take someone from police custody.  Who are the two people?  Where is the riot?  Who was in police custody and was taken from it?  None of these things appear to have happened.

Watch the video below.  It is ridiculous police activity.  At one point, a female police officer is yelling at a man to get onto the sidewalk, and he replies, "Obviously, it's full."

To see that full section of the law, CLICK HERE.


CLICK TO SEE an article about this in HUFFINGTON POST.

VIDEO OF THE INCIDENT:   




I Don't Mind Being Poor, Anymore

 I Don't Mind Being Poor, "Anymore"
by Guy Guy 





Just got this email:

Hi Sue,

I've been reading up on protesting in your blog for a while now - this is a great resource for someone like me, a young activist.  I had been inspired as a musician to write about this movement, and thought you might be interested to hear that yesterday I released my first solo single on YouTube, and it has been getting a great reaction. I go by Guy Guy, and the music is bare-bones, toe-tapping, sing-a-long folk/country. I will be raising funds through kickstarter soon for a full-length record to be recorded in an abandoned hotel in rural Quebec this summer.  I will also be working with great producers and renowned folk musicians, including my father,  a former staple in the Philadelphia folk community. I am known as a drummer throughout the Philly scene, and this is my debut as a songwriter.

The song addresses the serious issue of American poverty in a satire designed to empower newly-impoverished folks. The concept for the accompanying video is a statement on technocracy, physical locations of the poor, and the impermanence of wealth.  The values of the song speak to the Occupy Movement's messages, but in an empowering and positive light, as opposed to the embittered and aggressive, almost-reactionary tone of some factions of the movement. It was recorded in Montreal, QC and mastered by acclaimed mastering-tech Ryan Morey (Arcade Fire, Beck, etc.).

Thanks very much for listening, and if you had any questions about the song, please feel free to contact me.  Keep on blogging, I love the posts!

Best,

Guy Guy



Trademarks and Occupy Protests

Trademarks and Occupy Protests
by Sue Basko

The U.S. Patent and Trademark Office database shows many applicants hoping to register Occupy-related words and marks.  While some of these seem legit, many of these are offensive attempts to wrest control of organizations and ideas, to try to create a monopoly or to try to gain ownership of an entity by coming in through the back door of trademark ownership.  None of these is an acceptable usage of trademark.  Most of these applications are likely to be denied.  The application process takes about 18 months or longer - it is a complex process with several big steps to it.

 During the application process, Occupy groups whose names are being usurped should strongly consider filing formal objections.   A lawyer can help with this. The groups that I noticed that should be paying attention now are Occupy Los Angeles, Occupy Las Vegas,  Occupy Wall Street,  Occupy Together, and Occupy Congress.

Also, there is some media group making a preposterous bid to trademark the word "occupy" for books, websites, and on and on to cover almost every form of media where one might discuss political change. This is such a broad, outlandish filing that it will be fun to watch it get demolished bit by bit.  

The Occupy groups should also strongly consider  registering trademark on their own names, if only to ward off these situations.

Trademark is tricky.  I  suggest using an experienced  lawyer.  I do the registrations, and I can tell you -- it is rugged terrain with a lot of potential trouble.


____

Hijacking a Protest: How to Prevent It

Hijacking a Protest: How to Prevent it

There are three main forms of hijacking in protest.  First, a group may try to hijack your protest to use it for their own purposes, or to discredit you and your group.  Second, an organization or group may try to hijack a person and use them for their purposes.  Third, a website, facebook, or comments section may be hijacked by those trying to subtly undermine the purpose of your group or to stem the flow of useful communication or to discredit those contributing productively. 

All three of these forms of hijacks can be largely prevented with one simple rule: 
Know who you are dealing with.  

This was taught to me many years ago by a man who had decades of experience in activism.  He looked at a flyer for a protest march run by a long list of groups with acronym names.  “Who are they really?” he asked.  Don’t associate until you know who they really are, he warned me.  He was right.  Years later, at one point, I failed to heed his advice, and found myself in a bad experience from which I had to extricate myself.  Do your research.  Know who is whom and what is what before you agree to go to any meeting, event, or protest.   

Let’s go through each of the forms of hijacking:

I) Hijacking your protest.  This happens when other groups come to your protest and take over leadership, or when they show up with inappropriate signs, flags, or banners.   They may show up with a sound amplification system and begin shouting things or lecturing on things that are inappropriate to your message.  They may pass out flyers for their own ideas or events.  They may break your protest march into splinters, leading parts of your group off from the planned route.  They may bring drums and drown out your planned speakers or turn your event into a noisy fracas.

What you can do: 

1) Issue invitations only to individual people or leaders that you actually know.  Tell them your plans.  Tell them what you do and do not want participants to bring  or do.  Tell them specifically what is not acceptable.  This is not so much to instruct them, but to make it clear that you do not welcome hijackers.

2) If people volunteer to help, don’t accept everyone.  Check them out and be sure you actually want their help.  Have them show up at one meeting and decide if you want further contact from them.

3) Train your own group in how to march closely, how not to follow an infiltrator leader, how to maintain order.  That takes a lot of discipline and practice.  It is worth doing.  If someone shows up and tries to lead marchers into the street, or off onto a bridge, or down a different route, make sure in advance that your people are smart enough not to follow.

4)  Police and lead your own group.  Have group officials who have special T-shirts or hats.  Station them at the entrance to your event and make sure they have the power to ask people to leave or to call police to remove people.  That is where it is helpful to have a permit.  Tell them your permit does not include their group or message or activity and that therefore it cannot take place at your event, and that if they do not leave, you will call police.  And then do so.

5) Have your group officials tell people who arrive with inappropriate signs or flags or other such items that those things are not part of your event and that they must stow them.  Plan in advance to have a storage space for such items.  Do not let anyone carry such items saying them will keep them, but not use them.   If they insist, tell them their activities are not included in your event or on your permit and that they must leave or you will call the police.  And then do it.   Your permit is for you and your group and not for anyone that happens to come along.

6) If you are marching, have your special officials with easy-to-see T-shirts or hats stationed along the route.  In advance of the march, tell your participants that these people will have correct information and not to follow others.

7) Publicize your agenda, activities, performers, speakers, route, timetable.  Publicize the tone of the event.  Publicize what is acceptable and what is not. 

8) Bigger is not always better.  It is better to have a smaller activity of people on-message than to have a larger group with mixed messages or with bad behavior.

9) Caution and train your participants in advance that if someone is doing something disruptive or illegal, not to follow.  Step back and get away.  Make it abundantly clear that your group is not associated with those actions. 

Example:  Years ago, it  used to be very common for serious groups to plan anti-war protests and for the whole thing to go quite well till the last few minutes.  At that time, a few people from some fringe revolutionary or anarchist group would sprint in and do something to bring disrepute on the whole group, such as burning a flag.  And mainstream media would always use the dramatic photos of these few fringe people doing their sideshow.   That is one reason it is SO important for your participants to step back from such  actions — because you do not want it to appear in photos and videos as if your people are watching in approval. 

10) Be loud and clear.  Tell certain people and groups they are not welcome.  Make sure everyone knows you do not associate with those groups or people.   

If you are with a group that plans to go "help" another group - ASK Are we welcome?  What do you want us to do?  Should we bring signs?  What should they say?  If you walk in and take over leadership of a protest, you may think you are a helper, but you are probably a hijacker.   It is probably best never to bring your own megaphone, drums, chants, signs, flags, or banners to a different group's protest.  Go as a guest and follow what they do.

II) Hijacking a Person.  Fringe groups will often try to hijack a  person.  How?  They will tell you they are having a press conference and ask you to speak at it.  Often, the only press present is their own internal group.  Or they will do the same with a website or blog – either asking or using without permission. Or they will make sure you get arrested and then use you as their pawn, their poster child.

Keep in mind that if you let yourself be hijacked by a political group or cause, you can end out arrested, in prison, accused of terrorism, etc.   Make sure you are making your decisions.  Do not fall for a group mentality, because that is no excuse. In fact, in the eyes of the law, you can be held accountable for  what others in the group do.

1) Ask questions, lots of detailed questions. 

2) Don’t get hooked into a cult of personality.  Most fringe groups revolve around a leader who is larger than life.  If it sounds like a cult, and acts like a cult – it is a cult. 

3) Sometimes a group will use a person as their pawn, “poster child,” or martyr.   For example, a group may conduct a  protest in such a way that it is sure to result in arrests.  Then they use the arrested people as examples of protest martyrdom.  

I strongly encourage anyone who is being told to engage in “civil disobedience” or trained in such, to seriously question if this is civil disobedience or if it is merely acting in such a way that assures being arrested or brutalized.  Don’t let people guilt trip you into this type of thing.  Don’t let peer pressure or group dynamics be used on you to convince you to do something that you know is not what you want.  

Some people believe that the way to “grow a movement” is by provoking confrontations with police.  Others know that the surest way to discredit a group is by provoking confrontations with police.  In any case, confrontations with police are, I think, almost always ultimately counterproductive in that they marginalize you, your group, and your ideas.  

Think very carefully when persuasive, smooth, group-think people try to lead you into such activities.   It is okay to challenge such people and in fact, the survival of your group probably depends on you doing so.

People trying to convince you to get arrested will tell you that civil disobedience was used in other past movements, such as the Civil Rights movement.  True Civil Disobedience was used, but pointlessly being arrested was avoided.  What's the difference?  Civil Disobedience is when a person intentionally disobeys an unjust law.  This is usually done by a carefully-selected front person, in concert with lawyers and financial backing.  If you are being arrested for walking into traffic, that is not Civil Disobedience, that is just being arrested for walking into traffic.

4) If you have gotten sucked in, get out.  Do not let anything or anyone lure you to stay.

III) Hijacking your website or comments forum.  Right now, group websites, facebooks, and comments are being overrun with posters with an agenda to discredit a group, discredit valuable contributors, or to lead a counter agenda.  This is especially true in the Occupy groups.  MANY of these are paid trolls or are fake profiles.  Please see my blog post about fake profiles – these are being used by individuals, organizations, and even by the government.  Many fake profiles are obviously fake, though some are not.

What to do: 

1) Don’t allow comments on a site if you do not have time to moderate them.  Give an email so people who sincerely want to contact you are able to do that.

2) If you allow comments, moderate them.  If a poster is using a fake name or fake profile, do not allow them to post.   

3) Be wary of people who do not  identify themselves as fully as others do.   Newspaper and magazine Letters to the Editors and guest Op-Ed sections always required a name, address and phone number.  The speed of the internet makes such verification difficult.  You should still attempt to verify and cross-check each and every participant.  If you notice people trying to discredit useful participants or posting things that are likely to scare off useful participants, delete and ban those users. 

4) Check other sites nationwide.  If the same profiles show up all over posting the same negative stuff, you know you are onto a troll.

5) If a facebook profile is obviously fake or obviously a front for a political trolling organization, do not allow it to post.

6) If “likes” come from people not otherwise posting, or from profiles that seem suspect, delete them and block the users. 

7) Do not allow personal attacks. 

8) Read my blog post about Fake Profiles and download and read the linked study from the University of California Santa Barbara.  It will make you more aware of how fake profiles are used.  You will be better able to spot it when it is happening.

9) Less is more.  It is better to have 2 intelligent comments than a flurry of trolls.   

10) Negative commenters often use mean, juvenile tactics.  Personal attacks, racism, and sexism are common. 

11) On Comments sections about Occupy protests, there is a series of trolls/ fake commenters posting Comments that say that Occupy protesters “pee” or “poo” on the ground (yes, often using such juvenile wording), or are “dirty.”  These posters are trolls, probably paid trolls, trying to appeal to readers of limited education and social depth.  OR they may be used to poison a comments section by scaring off intelligent, productive contributors.  Whichever it is – these are the kind of comments that you delete and block the user. 

12) On the chat or social networks Comments that run with live streaming video of protests, I have often seen posters who should be removed off the chat and banned much faster than they are.  These are often people posting lurid, vile comments about sex or about defecation and urination.   Sometimes they post links to unrelated topics, even to sex sites.  Anyone running live streaming should get a friend to volunteer as a moderator and the first such comment, ban the person.  Such Comments poison the flow of intelligent communication exchange. 


ALSO BEWARE: The other night on TimCast's OWS stream, several sincere-sounding trolls kept posting saying to donate to Tim -- and posting a link to an account that used Tim's name but was not his account. In other words, trolls came onto Tim's stream to try to divert donation money away from him.  Have a moderator!  Tim told the viewers that the links were not to his accounts.   They persisted in posting the links.  Finally the moderator stepped in.

13)  Keep in mind that there really are counter-organizations paying people to be troll Commenters on facebook, youtube, livestream, websites, news comments, and other locations.  It’s for real.  

-- 

Hellish Prisons: Where Millions in the U.S. Reside

Hellish Prisons:  Where Millions in the U.S. Reside
by Sue Basko
 
I am posting this on this blog as an example of a way that you can protest by many means -- including by writing to let others know what is happening.  I have chosen to protest the corporate prison system by giving voice to one man trapped inside it.  

Two and a half years ago, I started a blog for Paul Modrowski, a prisoner in Stateville Prison, just south of Chicago.  It is called  Paul Modrowski: On The Inside.  Paul has a life-without-parole term.  He has been in prison since he was 18 and he is now 36.  He was convicted of murder under Illinois’ accountability law for lending his car to a man named Rob Faraci,  who was accused of murdering a man named Dean Fawcett.   Rob Faraci was acquitted, but Paul Modrowski was still held accountable for lending the car.   Paul did not lend his car to anyone that day.  The FBI searched Paul’s car and found not a trace of evidence in it.

 Paul is innocent of any crime, and any fair-minded person looking at all the evidence would say the same.   The U.S. criminal system is nearly incapable of righting a wrong, and on the rare occasions when it does, wastes decades doing so.   

Paul Modrowski has autism.  That makes it much more difficult for him to be in a noisy, crowded prison with no privacy.  He is interested in investments and works on stock reports.   He has also become a legal expert sought after by other prisoners.

Over 2 years ago, I got the idea that Paul might like to write a blog about his life in prison or about whatever topic he might want to write about.  I asked his mother to ask him, and he said yes.  I set up the blog with a design I thought would be easy to read and reflect the enclosed feeling of his confinement.  Paul has no computer access and has never seen the internet.  His only writing equipment is paper and a little pencil that he has to sharpen with his fingernails.  Paul writes his blog entries and mails them out to be typed in. 

Paul controls his own blog.  It is barely edited other than for spelling and sentence structure. Paul’s writing has improved so much while writing this blog that now there is barely any editing of any sort needed.  I wanted to give Paul voice.   This is Paul saying whatever it is he wants to say to people. The blog is Paul’s one domain of power and empowerment.  He is dedicated to cranking out his blog entries.   His posts have become longer and better as the months go by. 

For those of us working on the blog, it is a true commitment of time and dedication.   Those typing in the entries have a big job, as the posts become longer and longer.  They must decipher the pencil marks with arrows pointing to newly inserted parts.  I am often up at 3 a.m., editing, searching for an apt photo, or adding the entries to the Table of Contents.  Paul’s mother, Linda, is one of those who types in the blog entries.  She works long hours at this because she is so supportive of her son.  The others on the team are also very dedicated. 

 The U.S. incarcerates the highest rate of people in the world.  Over a lifetime, a huge percentage of our population spends some time in jail or prison.  Whole towns depend on the local prison for jobs.  Some prisons are privatized, turning huge profits for corporate owners.   In prisons that are not privatized, many of the services are awarded to the lowest bidder.  In the U.S., warehousing people in prison is a huge moneymaking racket.  Considering this, you’d think the conditions would be better.   The prison where Paul is held is a dungeon with non-working plumbing, overrun with cockroaches, inhabited by madmen and killers.

Paul’s blog is a monumental literary work.  He uses meticulous detail to bring you in to the prison.  He tells about everyone’s habits and oddities, for better or worse.  He spares no one, not even himself.  He shows himself  as he truly is; he is not playing for audience approval.  And yet he wins that for his honesty and dry wit.  He is a man with autism who has been locked into the deepest hole of hell for many long years, for no excusable reason.  

Paul’s blog is an astonishing inside look into a U.S prison today. I’d like to share some excerpts with you:

 When I stopped at a red light at the intersection of Archer and Cicero (two busy streets in southwest Chicago), my car was surrounded by numerous gun-wielding task force police and FBI agents. They shouted at us to get our "fucking hands up in the air." We complied. As police moved in closer, there was another shout to get out of the car. At that point, I realized my car was in drive, and I had to reach down to shift into park. Noticing red laser dots from every angle over my body and Michael's, I made the decision to leave the car in drive.

Sparrows are resourceful and smarter than one would expect. When thirsty, they will go to a leaking faucet. They turn upside down or hover like a Hummingbird to get a drink. They also will fly through a couple of doors at night to get into the prison shower. Their nests are elaborately made from garbage they find laying about: string, wires, pieces of cloth, broom straws. A scavenging bird finding no food will sometimes beg at the cell bars. I have turned to see a bird on my bars, chirping at me as if he were demanding food. I will always oblige such a courageous bird with a treat. Even when the birds do not beg, I will occasionally throw small pieces of bread, cookie crumbs, or their favorite, doughnuts, on the gallery, to the annoyance of the workers who must clean it up, or end up cleaning the bird droppings.

During my teen years, my father and I did not get along well, and our relationship was distant. Since my arrest though, this has changed. He is no longer the authoritarian, stern parent, and I am no longer the youth wanting to break free and be independent. We are on equal footing now, as adults, and I have noticed even from prison, that we share a lot in common. We have many similar interests, opinions, and values. Our personalities are also alike in many ways. I get along well with my father now, and it was good to talk to him, one on one. I wish we could have had a better relationship before my arrest, and I am saddened by all the years that have went by that we could not share time together. My father is now 64, and on the way back to my cell I was troubled with the thought that I will probably never have a real friendship with him. If you happen to read this post Dad, Happy Fathers Day.

Processed turkey-soy consists of turkey scraps ground together with soy meal into a kibble that resembles dry dog food. It comes in huge bags and is dumped into large kettles to be boiled and made into many of our meals. It is used to make spaghetti, stew, Sloppy Joes, breakfast gravy, tacos, and almost anything you can think of.

A few years ago, the Orange Crush team, a special tactical squad equipped with shields, batons, tear gas, and dressed in soldier boots, knife proof vests, helmets, and wearing bright orange jump suits, tore through Stateville like a tornado. They tossed inmates' cells, looking for contraband. In their reckless search of my cell, my radio was thrown on the floor and broken. A speaker was dislodged and shorted out. The radio also had a crack across the top, and the door for the batteries was also damaged. Later when I turned my radio on, I discovered that not only was the right speaker dead, but reception was almost gone. This week, I became determined to repair my radio--mission #2.

I begin by scrubbing out the toilet with soap and disinfectant. Removing all the water, I place a garbage bag in it. I pour some detergent in the bag and slowly fill it up with hot water from the sink. I begin washing my clothes as I fill the toilet. When it is filled, I pull out the bag and place it in the sink. I take the first article of clothing and rinse it out in the toilet, adding new water by flushing. This is a much more efficient system than using the sink, and I can clean my laundry in less than a fifth of the time. Other prisoners also use this time saving system.

Every quarter, I go into an obsessive mode as quarterly reports are released by the government and by corporations. For the last week, I have been doing very little but trying to absorb every tidbit of information, chart it, and make sense of it. The prison went on lockdown earlier in the week due to an incident in the Round House, and this has given me the opportunity to sit at my desk for hours with only having the maddening loud noises of the cell house, and my cellmate for distractions. And my cellmate was nice enough to put me on "no talk" for part of Thursday and Friday. He was mad at me for putting his things away and organizing his property box. Usually, I am indifferent to his sloppy, disordered box, but when I went to put his property away, I could not stop myself from dumping the contents of the entire box on the floor, and refilling it in an orderly fashion. We had an argument where he called me a "bug" and a "cell dictator." I will not deny it. I am probably a little of both. I am terribly bothered by clutter, lack of space, and disorganization. In any event, he is talking to me again, and with much pent-up socialization, I knew he could not last giving me the silent treatment.

All I ordered was a pair of gym shoes and two pens. I write so much that I am continuously going through pens. Because there is a limit of two on pens, I am often using pencil. This journal entry, like most of my others, is written in pencil. And I see that I am going to have to find some more pencils because I only have one now that is longer than two inches. Apparently, the size of shoe my cellmate and I wear is out of stock, and commissary workers were too lazy to fill an order for just two pens -- because I did not get a bag.

I am angered by the Illinois Dept. of Corrections making a profit from my incarceration. Illinois prisons are allowed to overcharge prisoners 25% on all commissary purchases. On top of this, Stateville has been breaking the law to make even more money by adding 3% to the prices before adding the 25% allowed by legislation. An audit was recently done showing Stateville's commissary earning $2.3 million in 2008, $500,000 dollars more than permitted. Stateville has responded by saying they believed they could add costs for commissary staff, utilities, and warehouse space before adding the 25%. However, the 25% is supposed to include these expenses. Stateville has also been caught not using competitive bidding, and giving contracts to friends and family of prison administrators.

Earlier this week, the nutcase had a "friend" to duet with. An older Mexican several cells down from me lost his sanity, and began to rant from his cell bars. His ramblings were not as vulgar, but were wilder and made less sense. My cell mate thought it was amusing that the cell house had two people who "flew over the cuckoo's nest," and were yelling nonsense together. Although both of them lost it, they did not talk to each other or to anyone. Rather they rambled in discord, oblivious to the world. While conducting his errands, a cell house worker stopped at the raving old Mexican's cell. He informed us that the man three cells down was at his bars with bloodshot, wild eyes, pacing aggressively while he spoke.

B.J. was at the county jail for a long time, as the state convicted him of rape after rape. He was still going to court when I was sent to the penitentiary. I never saw him again until a few years ago when he was on TV news. After 15 years, B.J. was finally exonerated. DNA evidence collected from the rape victims did not match his, and when the court ordered a new trial, the state's attorney chose not to retry him. B.J. was fortunate to ever be released--he had already lost all his appeals. If not for a new DNA law that allows prisoners to retest evidence, B.J. would have died in prison as an old man. I almost did not recognize him when I saw him on TV. He was no longer the childish teen with pimples. He was in his mid-30's, and I could tell, although he was free, there was sadness and bitterness in his heart.

Groundhogs have lived on Stateville grounds for many years. However, it seems this summer there is an extraordinary number of them. On a sunny day walking to the chow hall, I may see 30 of them. They are semi-domesticated and many will walk up to you without fear. Earlier this week, I was standing in line and one stood on his hind legs and put his front paws on my leg, beseeching me for some food. I told him I did not have any, but he seemed to not believe me. Somewhere this human has a tasty morsel hidden away, I imagined him thinking.

After a half hour into the search, some of the guards began to make jokes. I heard one say to another, "Is pornography legal material?" Another voice asked to no one in particular, "Do these inmates know what they are allowed to bring to the library?" He was now looking at the porn magazine and said, "I think this is contraband. I may have to take this." The major shouted that the prisoners know what we can and cannot bring to the law library. A guard then said, "I don't know. This centerfold could be an exhibit to an appeal." Another guard then told the other they will never get done if they continue to search porn magazines.

Chow was not passed out until late. As I suspected, it was an easy to prepare and distasteful meal. Two slices of mystery meat imitation bologna, two slices of bread, and a small portion of lettuce. For a snack, we were given a packaged rectangular cake, the same snack we have been served for months. I peeled the meat off my tray and threw it out of my cell into the darkness. I hoped to hit the gun tower but it was so dark there was no way to know where it went. I was not the only one to throw their food, trays, or other garbage out of their cells. As guards moved about in the darkness with flashlights, I could see all the trash on the ground floor. I could also see, on occasion, or hear objects being thrown from the upper floors. The inmates of F house were not happy, and their discontent grew.

Roaches, I have noticed, have a strong sense of smell. They also like peanut butter and will take risk in order to get at it. I only had a little bit of peanut butter left, and no one, let alone these nasty bugs, was going to take it from me. A roach crawled up the wall and I crushed him with a left elbow. Then two more came up the wall. I had poured milk into my cereal and had to be careful not to spill it. I kept an eye on them and slowly positioned myself to slap both of them with my hand. Now I had to wash my hands before eating, and I was hesitant to leave my food out. I closed the containers and fit my peanut butter sandwich into the zip lock bag before going to the sink. When I began to dry my hands, I noticed a roach crawling down my towel that was hanging over a bunk rail. It too, also apparently wanted to get my food. I smashed it between my hands so not to get its guts on my towel, and had to again wash my hands. I sat down to enjoy my meal and watch the TV news.

According to rumor, if potato chip bags were taped to the wall upright, the roaches would crawl in, but could not get back out. The smell of the grease lured the bugs into the bags. They ate their fill of potato chip crumbs, and then when they tried to climb upward, the grease and smooth surface inside the bag caused them to slip and fall back to the bottom. I told my cellmate to carefully open the bags of chips, and give them back to me when he was done.

There were a few areas the cockroaches seemed to congregate. It was in those places that I taped my traps to the wall. I felt like Bear Grills in the show "Man vs. Wild" when he set traps in the wilderness to catch prey. Bear Grills used dead fall, snare, and various other traps, but I never saw him use the potato chip bag trap. I wonder if the former British Special Ops and survivalist would be impressed, and I waited in anticipation.

Thunderstorms are great to watch from the window. I love to see the lightning and hear the thunder, as well as see the rain coming down. With the window open, it can almost feel as if you are outside. Wind will whip through the cell, and extreme thunder can cause reverberations, not only through the cell house but the air as well.




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