Ruthie Gets New Felony Charges: Frog Gravy 15

August 20, 2012

by Crane-Station

Flower. Jail art

Jail Art by Crane-Station

Frog Gravy is a nonfiction incarceration account.

Inmate names are changed.

Frog Gravy contains graphic language.

McCracken County Jail, Cell 107, April, 2008

Ruthie’s 49-year-old mother just died. She was obese, like Ruthie, and she chain-smoked. She lived alone in a trailer. No one checked on her the entire weekend. She was found Monday, sitting next to the air conditioner, with an inhaler in her hand. The air conditioner was off, so the skin on the body split open and turned colors; the funeral will not be open casket.

Ruthie sits next to me at a steel table with a no-shank pen and paper. She starts to write a letter to a treatment center:

“I’m writeing to see if I could get into your program
Im really own drugs bad especily crack cocane I started using when I was 12 years old and it was pot then I started dranking at 16 then started snorting cocane at age 17 then about 19…”

“How do you spell snortin’?” asks Ruthie.

“s-n-o-r-t-i-n-g,” I reply.

She thanks me and continues:

“…then about 19 crack cocane I stop using drugs there for awhile when I found out I was pregnet I had 2 little girls did good for awhile unlike the father of my kids, my old man, went to jail for about 2 years at first I stayed clean about 4 months after he got locked up.”

This is the first and only period in the letter so far. She continues:

“then things got hard for me, like paying bills, supporting my kids, just life in general, and everyone around almost did crack cocane, so I look for that for an axcuse, to start back smoking crack-cocane, I started smoking crack-cocane for about the first 6 months then started doing it all almost, But I never really been addicted to pills, like I’ll have a crack pipe and a meth pipe goin at the same time and my old man wuz sellin dope and doin weekins in jail…”

Ruthie giggles and says, “A crack pipe and a meth pipe at the same time, that is high, don’t you thank that’s high?”

She continues writing:

“…my reasons I looked up to my sister when I wuz a child is my sister took care of me when my mom wuz in and out of jail and on drugs.”

Ruthie never knew her real mother, the one who just died, until Ruthie was 18, and they met each other here in this jail. Until that time, Ruthie had a last name and a social security number given to her by her foster parents. Then, her real mother gave her a name and a social security number, since the foster parents had been sexually abusive.

I ask, “What about your father?”

“Oh, he was murdered,” replies Ruthie. “I got a tattoo of him right here, on my arm. Yeah, he was murdered. It was in the news.”

“What happened to him?” I ask.

“Oh, it was over money. They done hung him with his own belt buckle. This man and this lady.”

Terry says, “Well fuck me runnin’.”

“They tried to stuff him into the trunk of a car, but he was too big, so they done drug him back into the house. I saw his body. He’d been dead for a week. He was split open, and there was maggots everywhere. Seein’ that changes you. I ain’t been right after seein’ that. Don’t you think it changes you, Rachel?”

“I cannot imagine that,” I say.

Down the hall, a guard yells at a white man in an isolation cell to “stop acting black,” and further down the hall, Harry yells from his isolation cell, “HELP! Let me out! Helpmehelpme help. HELP!” The mailman comes and retrieves Sirkka’s outgoing trick letters that she has written in hopes of receiving some commissary money.

Ruthie says, “And Mama’s body done swolled up and busted. They cain’t have no open casket. They say the smell was awful.”

Terry asks, “Where did your mama live?”

“The trailer park out Twin Oaks Road by the church and down by the liquor store.”

I note that everything in Kentucky seems to be in relation to a church, a jail or a liquor store.

Ruthie says, “Yeah, and you know when that lady came by the cell with Brother Phillip?”

“Uh-huh.”

“She had me sign some papers to say they could sell Mama’s trailer, and car, and all her things, so they could bury her. They said that that burial insurance wasn’t no good.”

“Oh jeez,” I say. “It was probably a scam.”

“Now I ain’t got nowhere to go when I git out,” says Ruthie. “I ain’t gonna have nothing.”

Christie says, “You signed something?”

I ask, “Do you have a copy?”

“No,” says Ruthie. “I shouldn’t a signed it, huh?”

Christie says, “Ruthie! Don’t ever sign anything when you don’t know what it is!”

In the next day or so, Ruthie leaves the jail in handcuffs, to spend ½ hour at her mother’s funeral. One of the jail guards, Sally, knew Ruthie’s mother and sent flowers; they were the only flowers that anyone sent. The day after the funeral, guards come by and get Ruthie, and she returns to the cell in tears and in hives. She has been charged with two new felonies, each carrying a potential additional five-year sentence: giving a false name and giving a false address.

The address is false, because the trailer was sold, to pay for the mother’s burial.The name was false, because Ruthie provided both her foster care name and the name that her real mother had given her.

Ruthie was 9th-grade special educated and did not understand the forms. She is on disability and cannot even work a cash register because she cannot count back change. She is obese, because she does not know anything about nutrition or diet. She does not understand her own drug addiction, and she does not really even understand her original charges.

We again admonish Ruthie for signing forms that she does not understand. We tell her to go before the judge and explain her inability to comprehend, her education level and her learning disability.I feel a terrible sense of guilt, because Ruthie had initially asked me for help with the forms, and I told her that it was inappropriate for me to see her private information and help her with legal documents. I honestly thought that an appropriate person such as a public defender would help Ruthie.

I was wrong.



The Bat: Frog Gravy 73

December 27, 2011

Note: Here is another Frog Gravy post by Crane Station that she has given me permission to post here. For more Frog Gravy, please visit her website at http://froggravy.wordpress.com/

In case you missed it:

Bird drawing  by Crane-Station

Birds drawn at Ricky’s World by Crane-Station. Sorry if you have seen this. I have more jail art, but am having a temporary camera issue, that will be resolved soon. Thank you for your patience!

When Gregor Samsa woke up one morning from unsettling dreams, he found himself changed in his bed into a monstrous vermin.

-Franz Kafka
The Metamorphosis

Frog Gravy is a nonfiction incarceration account.

Inmate names are changed.

Frog Gravy contains graphic language.

McCracken County Jail Cell 107, winter, 2008

I am turning into a bat.

I wear a cape to fend off the cold. I am going blind from the fluorescent lighting. I wear a towel on my head. I speak very little. I have hair on my face and on my body that I have no way of controlling and it embarrasses me.

My cape is my greying thin sheet. Sometimes I put the grey square scratchy wool blanket on top of the sheet, but it itches me because I am allergic to wool. When I asked for a cotton blanket, the jail staff refused because I was unable to provide documentation from an outside physician stating that I am allergic to wool.

I am in the toilet trying to brush what is left of a tooth that lost a crown. I have asked to see a dentist for more than a moth now, to no avail.

I have just taken a shower. The cell has no toilet paper, and so, when you have a bowel movement, you have to cup your hand underneath your crotch, and make a run for it, out of the toilet area and through the cell to the shower stall. Someone must stand guard, because the inside of the cell is visible to the hallway occupants. The hallway occupants are usually working Class D men, because Class D women are not allowed to work hallway jobs. No one wants the working men to see them running through the cell naked with shit and piss cupped in one hand, and so we look out for each other. In the shower, you use the other hand to depress the push-button spout that issues a ten-second spray of cold water. Some inmates use rags after they pee, but after a bowel movement, you really have to do the shower thing.

In the cell, YaYa works on a grievance about the lack of toilet paper and we all sign it. It says (picture coming with update- we currently have a nonworking camera):

We have been without tissue paper for 8 hours or more and the 2nd shift is telling us to get it on the 1st shift, they are too busy now. We are without tissue and no guards will bring us any.. We’ve asked and still no tissue. The jail gets money for state, federal and county inmates. There is no reason we should have to drip-dry. We are not animals.

The response reads:

You are given allotted amount of t/p and feminine products. You must use them accordingly.

Meanwhile, in the cell, Meg says to Lea, “I have pinkeye. Isn’t that contagious?”

“It’s incredibly contagious,” says Lea.

Christie says, “I can’t afford to get pinkeye in my eye socket. I can not afford to get pinkeye.”

I say, “Write a note to the doctor.”

Tina says, “Wash your hands.”

“I do wash my hands,” says Meg.

“They won’t do nuthin,’” says Lea. “They want you to get full-blown pinkeye, so everybody in the mutherfucker’ll get it. I’ve been here when everybody in the place had it.”

Down the hall, Harry shouts from his isolation cell, “PLEEEEASE! Somebody,HELP!!”

On the television news, the Amish men, six or seven of them, are in court in neighboring Graves County. Their hats are off and they are quiet. Displaying a large reflective orange triangle on their horse-drawn buggy does not coincide with their religious beliefs, and they are opposing the charges. Graves County is eager to accommodate the Amish in their county jail, and so the jail has pre-ordered dark gray outfits for the men.

I am actually sort of an autistic bat. I speak little, because I want to avoid conflict. It does not help that much. Inmates make fun of me anyway, because I am not from here, and because I took my case to trial. But it is okay that they make fun of me, because everyone is in pain anyway.

I write because there is absolutely nothing else to do but listen, write down what I hear, readjust my towel hat and my cape, and fold cranes out of paper scraps. For breakfast we had applesauce, sausage and cereal; for lunch we had a hamburger patty, corn, an apple and green beans, and for dinner we had a hamburger patty, sweet potatoes, carrots and cake.

I wander to the hallway window and read a new sign that is posted there, regarding a new clergy visitation policy. The letter is from the jailer, and it is lengthy. It says in part:

Clergy Visitation Policy

The staff at McCracken County Jail recognize the importance of one-on-one clergy visits in the rehabilitation of inmates…

However,to ensure the safety of…

The gist of the lengthy letter is that the jail will now limit clergy visits to entombed inmates by narrowing the times that clergy can visit, and increasing the red tape for both clergy and inmates to coordinate such visits.

The new policy is out of grave concern for inmate safety, and it is authored by the same folks who walked the bleeding pregnant woman in premature labor down the hall in handcuffs.

The newer, safer Policy:

-Clergy must now show their theological licensing credentials and documents to the jail staff, and the staff must approve the credentials.

-Hours for clergy visits will be limited to:

8:30-10:30 M-F (no weekends)

(11:30-4:30 M, T, Th,F (no weekends)

-No more than 30 minutes per visit.

-No lay clergy will be allowed. (So much for the laity! ie: nuns and deacons)

-No more than 2 visits per week.

-Clergy must be listed on a visiting list and the visiting list must be approved by the in-house jail chaplain. In other words, if you are not from the area, or if you do not happen to know any clergy in the area, you are shit-out-of-luck.

There are 450-475 inmates warehoused in this jail at any given time. Non-religious texts and educational materials are banned. The only materials allowed are specific types of religious materials. Okay. So now, we agree to get to know God better, and what does the jail do? They limit clergy visits.

To insinuate that clergy, many of whom have ministered in this jail for a long time, somehow compromise inmate safety during brief visits over the phone behind bullet-proof glass is insulting to the clergy who dedicate ministry to this jail.

Meg leaves and vacates her prime real estate and we all rotate our positions in the concrete and steel cell for four, that will soon house six again, as soon as Meg’s replacement arrives. I am in line for a choice spot on a steel bunk next to the cement wall. I started at the beach, between the toilet and the shower on the cement floor. Then I moved to the mountains on a top bunk where the lights were in my face, but now I am hoping for a cave before I lose my eyesight.

In my cave I reflect on the clergy visits and surmise that if I were to ask for a Shaman or a Unitarian, I would be deemed a witch and burned at the stake. Eventually, I dose off.

My dreams become trapped in the walls.

[cross posted at froggravy.wordpress.com]


Prosecutorial Legerdemain

December 26, 2011

The Bill of Particulars is a document, prepared and sworn to under oath by the prosecution (ie, The Commonwealth) and filed with the court. The bill discloses the evidence the prosecution intends to introduce at trial.

In Crane Station’s case, the Bill of Particulars also contained a plea offer: if she would plead guilty to all three of the pending charges, the prosecution would recommend a prison sentence of eight years (four years on the possession and four years on the tampering to be served consecutively or end to end, plus seven days for the no-drug/no-alcohol/no bad driving DUI).

We did not see this document until just before the trial, probably because Crane Station had made it clear to her attorney at the time, Will Kautz, that she would not plead guilty, regardless of any plea offer — even if it were an offer for a Caribbean vacation — so he did not show it to her, even though he had a duty to do so.

The bill contained a materially false misrepresentation, namely, that the prosecution had “no exculpatory evidence” under Brady vs Maryland (a United States Supreme Court case that requires the prosecution to disclose all exculpatory evidence to the defense), when, in fact, it had two exculpatory vitally important lab reports in its possession: (1) a Kentucky State Crime Lab report by Examiner Neil Vowels finding no alcohol in her blood sample and (2) a Kentucky State Crime Lab report by Laboratory Technician Ryan Johnson finding no drugs in her blood sample. The prosecutor who drafted and signed the bill on October 16, 2006, declaring under penalty of perjury that its contents were true is Christopher Hollowell, who is now a McCracken County District Court judge.

The first lab result, the one that the prosecution hid from the grand jury and Deputy Eddie McGuire lied about when he testified before the grand jury on July 28, 2006, was completed 14 days earlier and faxed to the prosecutor’s office on July 24, 2006, which was 4 days before the grand jury met. Note the fax stamp on the top of the page stating that the report was faxed on 7/24/2006 at 12:32 PM to FAX number 2708247029. This is the phone number of the prosecutor’s office

The exculpatory drug test result was dated and signed by Ryan Johnson September 25, 2006, which is almost a month before now Judge Hollowell signed the Bill of Particulars declaring under penalty of perjury that the prosecution did not have any exculpatory evidence. The bill was filed in the Clerk’s Office the next day on October 17, 2006.

Fortunately, Crane Station’s lawyer, Will Kautz, who knew that her blood sample had been sent to the crime lab for drug and alcohol analysis, kept demanding the lab results. The alcohol result was finally disclosed when we viewed the evidence in the evidence unit at the McCracken County Sheriff’s Department in late October or early November, but the drug result was withheld until the beginning of the suppression hearing on November 26, 2006.

We believe the prosecution deliberately withheld the exculpatory lab results from Crane Station and concealed the exculpatory alcohol report from the grand jury in an effort to mislead the grand jury in order to obtain an indictment and cause her to give up hope and plead guilty unaware of the results. We suspect but cannot prove that the prosecutor’s office routinely withholds exculpatory evidence hoping that depressed and dispirited defendants will give up and plead guilty. This shows what little regard the prosecution has for the accused, due process of law, the rule of law, the members of the grand jury whom they are misleading, and the important role of the grand jury to determine whether probable cause supports each charge in an indictment.

Consider that there is, in effect, no speedy trial rule in Kentucky and defendants who insist on a jury trial in McCracken County have to wait approximately 18 months before they go to trial. Bail bondsmen are prohibited in Kentucky. If defendants are unable to post bail, they have no choice but to rot in jail until trial. Pretrial detainees are not segregated from inmates serving sentences for misdemeanors and felonies. All are mixed together in general population in the McCracken County Jail. Frog Gravy gives you an honest unvarnished look at what that is like.

Given how prosecutors and police probably routinely ignore people’s constitutional rights, how can there be any surprise that innocent people plead guilty in McCracken County? Crane Station was fortunate to make bail, but I fear she is the exception rather than the rule.

Here are the photos:

Bill of Particulars

Bill of Particulars filed October 17, 2008 by Crane-Station on flickr.

False statement on sworn Bill of Particulars

The statement: “The Commonwealth has reviewed the material in this case and finds no material which is exculpatory under Brady vs Maryland.”

Sworn under oath

Sworn under oath and delivered.

Exculpatory evidence hidden

The hidden exculpatory lab result for alcohol (exculpatory under Brady)

Exculpatory evidence hidden

enlarged.

Exculpatory evidence hidden.

The hidden exculpatory blood test result for drugs.

Exculpatory drug test result

The hidden exculpatory drug test result (under Brady), enlarged.

These lab results have been published online in other posts as well.

Amazing coincidence that Crane-Station received an eight-year sentence after the jury trial.



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