Free Kenneth Foster

The following is a scedule of how my stay at McConnell Unit has been. My goal of doing this is to not only display how the struggle has not ceased just because I am off of death row, but to also give you all a glimpse of what doing this time is like. It's important to remember that what is going on at thei Unit is going on at many units across Texas. The truth is the Prison Industrial Complex creates a lot of its own problems. They continue to build more prisons, they refuse to parole out inmates that deserve it, they under pay their staff, so when problems occur from these ailments they simply take it out on the inmates because they deem us as sub-human and without any rights. I haven't abandoned my humanity for a long time now and don't plan to stop just because i'm not on death row. There's men here that need help, guidance and upliftment and as long as The Most High instills me with the strength and vision I will play my part. As Clarence Darrow (American Lawyer, 1930) said:

"As long as the world shall last there will be wrong, and if no man objected and no man rebelled, those wrongs would last forever."

• I arrive at McConnell Unit in September 2007 - Things start off fairly decent.
• Lockdown comes from November 22nd - December 31st.
• (Keep in mind that during lock downs there's no commissary, showers only on a Monday, Wednesday and Friday, no hot meals [only a sacked lunch containing one meat sandwich and one peanut butter sandwich] and no recreation. A month and a half of that is brutal.)
• Daily activities resume. Recreation begins to start, but after a month and a half of lockdown begins to stop. On January 9th recreation was refused and as an inmate (and friend of mine, Corey Burns) refuses to go back into his cell until a supervisor explains why we're being denied recreation he is slammed on his head while handcuffed resulting in his head splitting open and bleeding. At this point I begin to help Mr. Burns file a 1983 law suit against TDC and i launch the petitions against the recreation situation (which can be found on this setion).
• Recreation continues on and off for January. For January no recreation was given on: 1/19, 1/20, 1/24.
• Starting February 1st things go down hill. During the ENTIRE month of February the only days we got recreation were: 2/1, 2/3, 2/9.
• Another lock down starts February 27th and late until March 13th.
• For March we only receive recreation for the follwing days: 3/14, 3/19, 3/21, 3/22, 3/27, 3/28, 3/29.
• In April recreation was received on: 4/2, 4/4, 4/5.
• Another lock down started April 12th and lasted to the 18th.
• Recreation resumed from 4/19 - 4/25.
• No recreation April 26th, 27th, 28th.
• May 2008 days of no recreation: 1st, 2nd, 4th, 5th, 9th, llth, 12th, 13th, 18th, 20th, 24th, 25th, 29th.
• June 2008 days of no recreation: 3rd, 14th, 18th, 22nd, 28th, 29th, 30th
  
  

Dear Friends,

 I know that many of you have been waiting for some official words from me since I’ve been at my new Unit. And I apologize for the delay. I had hoped, when I made my first journal, that I could bring some good news. Of course the good news remains that I’m here and have the chance to keep this fight going. And that will forever be. But, life goes on and so does the struggle. We look back and have inspiration, we look forward with aspirations.

 Well, as many of you know I was waiting to see if I would be placed in a higher level as the current level I’m on is not that much different from the way I was housed on death row. The main difference is that I recreate with a group of men and we sometimes eat together in our dayroom. Other than that it remains the same that I’m confined to a cell 2 hours a day, but this time with somebody.

 When I got here in September and was reviewed I was told that if I did 3 months with no disciplinary cases that I would be reviewed for the next level. Unfortunately we went on a lock down from November 13^th – December 31^st. So, that review did no happen, but I was told that it wouldn’t happen, because the “higher ups” wanted the mandatory 6 months. It was already January when I was told that, so 2 more months was no big deal. However, when you deal with this system for long enough you learn to catch vibes from those that smile in your face. You learn to read their language and delays turn into denials. I know that program well.

 My 6 months rolled up on this day (March 18^th) and I went for that review. You guessed it- DENIED! I had pretty much felt that was going to happen. One thing that you will learn about TDC (and this system, period) is that there is no TRUE protocol. As we say- “They make it up as they go.” As with the entire System it’s with TDC- every year there’s new rules and the powers that be are always above them, manipulate them and utilize them how they want.

 I was told that they want me to do a full year on this level. Is that written in protocol? Yes! Do they bend it when they want to? Yes! Since I’ve been here I’ve seen them bring men up for their next level in 6 months. I’ve astoundingly seen them raise men up even when they had disciplinary cases. I’ve seen that happen with 3 people thus far. So, I basically see them do what they want for whatever reasons they choose.

 I’m not going to get on my political conspiracy/political retaliation theories. I’m also not going to walk with my head down about it. Dealing with snakes in the grass is nothing new to me and fighting is nothing new to me. The only thing this Administration did was put themselves further into my scopes. I’ve already began to take action against them for what’s going on with our recreation. Those problems continue (in fact, at the time of this writing I have not had recreation for the last 4 days straight. We did another lockdown from February 27^th-March 13^th and during the month of February we only got a total of 4 days of recreation). The only thing they are doing is engaging me in battle with them. And I don’t mind. I was bred for that. I had hoped to be able to move forward with my life, but they’re not going to make that simple for me. It’s nothing new about knowing these people are provokers. They create problems and punish people when they stand up for themselves.

 As of now I have dedicated my protest to the pen. IF we were getting the recreation we were due it wouldn’t be so bad. Thus far I have begun to have letters sent to politicians. I had some drawn up and I had copies made and I passed them out to the inmates in my living area. You will find a copy of that attached below. It’s only a draft. I would ask ALL OF YOU to put something together and send to Senator John Whitmire. By making TDC do the right thing this is the best way we can get back. For all those in Texas and with Texas connections I’d ask you to pass this on. People here must press this issue. If the issue doesn’t get pressed politically we, the prisoners, will be forced to press it physically. That has already happened to one young man here and he was slammed on his head while in handcuffs causing his head to bust open. I am helping him contact politicians and Civil Rights groups and he plans to file a law suit. I’ll help whoever I can.

 
I deal with these situations by staying busy. When I left death row I said that I wouldn’t stop and I meant that. I don’t want people to worry. If we can beat death row there’s nothing we can’t do. We can do a lot.

 What my future holds I cannot say, so I seek to make each day worth living. Because of all my family went through over the past years I will stay focused and will do my best to not fall into any traps. I just ask that those of you that can….stay moving, because you are the wind in my back.

 I close this for now, but I close with strength in my heart and vision in my eyes. We’ll talk soon.

 From the Struggle,

 Kenneth

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 
Senator John Whitmire

803 Yale Street

Houston, TX 77007

 
Dear Sir-

 We come to you today hoping to get your assistance in correcting some injustices going on within some TDCJ institutions. We are aware that you are the Chairman of the Criminal Justice Jurisprudence Committee, thus have jurisdiction over these affairs.

 We are very aware of the staff shortage TDC is facing, but we believe that this reason is being used to carry out some abuses at one Unit specifically and that is the McConnell Unit in Beeville.

 I am the______________(insert here your relation to the person you are petitioning for)

 To__________________ (insert name of that inmate here).

 It’s been brought to our attention that the inmates on close custody are being thoroughly neglected. By the TDC Handbook it states that these men are to recreate for 2 hours a day outside and if weather is bad- in the gym. Due to the staff shortage these men have not been getting any recreation at all. Inmates on other levels are being allowed dayroom time. It is true that inmates on other levels are allotted 2 hours outside and several hours in the dayroom. However, the McConnell Administration is using this as an excuse to not recreate Close Custody at all, because they are only allotted outside time and since there is a staff shortage they are being denied recreation completely. We believe this is becoming inhumane treatment. Please keep in mind that these men are housed with someone, thus they are being forced to be in a cell with another person for 24 hours day after day.

 Also, on days when they say staff is extremely short these men sometimes don’t get showers and are not fed hot meals- they get a sacked meal. As citizens that pay taxes to the Criminal Justice branch we are very disturbed that our funds are not covering the above issues. We are also concerned with how our family members are being treated. How can they come out better people if they are being treated as less than human?

 Grievances have been filed by the inmates on these matters. In the grievances they suggest to the McConnell staff to rotate staff so that at least they could come out of their cells sometimes. This very simple suggestion has not been followed. From February 2^nd – February 24^th these men came out of their cells only 3 times. And we believe it will only get worse. These men need to come out of there cells for exercise, fresh air, and to get relief from their cell mates. These are not just things which the rule book states they should have, but are basic human decencies.

We come to you and ask you to look into what is going on at McConnell Unit. We understand that McConnell Unit is not the only unit with problems, but the situation there is only worsening. As politicians we would hope that you would want to deter any possible problems, or stresses that could occur from such treatments. We ask you to do what you can so that fair treatment- even if only little due to the circumstances- are carried out.

 We look forward to hearing from you regarding progress in this matter. Thank you.

 Sincerely Submitted,

March 30, 2009

It's Day 1 of another lockdown at McConnell Unit.  This seems to be one of Texas' favorite themes: LOCKDOWN.  For those that don't know, Texas likes to enforce a bi-annual lockdown so that the inmates can be shook down.  These shakedowns can last upwards to a month and during this time there's no hot meals, showers only on Monday/Wednesday/Friday and there's no commissary or recreation.  Everything is suspended and we're confined to our cells for all 24 hours.  This is Texas tradition!

But, no soon as they "lock things down", I unlock something else.  I have actually learned to adapt to lockdowns.  I say adapt and not “become accustomed to”, because it’s certain things in life you never get accustomed to and oppression and violation of humanity are some of those things.  However, the same way a creature will adapt to survive a harsh circumstance, so do we.

My experiences on death row have thoroughly prepared me for such condition; there we are confined to a cell 22 hours a day.  There we had to learn to use our time wisely or surely decay in the steel coffins we had been assigned to.  It was either self-teach or self-destruct.  So, when this day started I knew what I had to do.

Since I’ve been let out into General Population I have barely had time for myself.  Day by day I wonder to myself if I’m going to make it out here.  Yes- the benefits are nice…but at what cost (to the mind and soul)?!?  The benefits come with grand sacrifices, those sacrifices being the things we have to endure; those things often being the idiocy of officers and inmates and of course the belligerent attitudes of officers that like to take out their miserable lives on you.  Sometimes it seems like it’s a competition to prove who can make you feel like a piece of shit the most.  So, finding a way to deal with these things is not easy.  The System puts privileges like a carrot on a stick, but use the same stick to beat you in the face at the same time.  This is the reality of the prison system.  These guards are the reality of the sickness weaved into this country’s bloodstream.  This is my reality.

As I was saying…I barely have time for myself.  I TRULY miss the days of hours of reading, writing, plotting, organizing.  For some of us, this is the air we breathe.  I find myself between a rock and a hard place.  When I was on Close Custody here I found myself wanting out pretty badly.  But, I cannot deny the joys and benefits of what I was able to accomplish in that setting.  Through my reading and writing I endure, through my ideas touching the minds of comrades in society, I exist!  It’s a morbid and cruel irony.  Where will I find myself in the midst of these swinging pendulums?

Working for 12 hours on 4 day intervals leaves me with very little energy to do much of anything else.  I often find myself craving to get my hands on some revolutionary material or hold conscious discussions with people.  But, this morning, on day 1 of lockdown, it took me no time for me to slip tight back into my struggle slippers.  As I used to do (from death row to close custody) when I woke up, I sat down in the quiet space of my cell and opened up the pages of Socialist Worker newspaper and found myself at the home that I have sorely missed.  It didn’t take much time at all for my creative juices to begin flowing once again.  As I read the lines of struggle, the news of the Third World, the voices of the people, that rested fire began to kindle once again.  It was never out (and never will be), but rather yet it simmers like old coals in the pit!

 I realize that I was born to struggle.  I also realize that I will forever be a fish out of water in General Population.  I am like an alien here.  I don’t fit in.  That’s just the bottom line of it and deep inside it eats away at me.  While I would love to give in to the fighter inside of me, I realize that I have other obligations of equal proportion.  That is giving my family some time to enjoy these new privileges as they’ve gone through pains unimaginable for the last 12 years.  One, mainly, being unable to physically touch me.  So, this is something that binds me to the sacrifice of remaining “still” for the time being.

This reminds me of a time when I was talking to a friend of mine in visit on death row and she asked me- “You really like being on level 2 and 3, don’t you?”  I replied flatly- “Yes!”  She asked why and I told her- though I’m strung up on level 2 and 3 there’s a freedom to this.  There is no longer the chains binding us to complacency through commissary, radios, etc…We had transcended that through fighting for the beliefs in our soul.  We didn’t need radios, we had camaraderie!  We created our own political shows.  And down in the dungeon we played by OUR OWN rules.  They played on our terms for once, because regardless of gas, food loaf or bodily harm we weren’t bound to anything.  We were elevated!  And for a rare few of us…THAT’S WHO WE ARE!

And I never lose connection to that.  That is a fuel that allows me to push forward amongst this decay.

I realize I have a challenge on my hands.  I had a challenge on my hands on death row.  I had a challenge on my hands in Close Custody. And I have a challenge on my hands now.  My TRIBULATION tattoo on my back forever burns its mark into my spine.  It’s the same burn that made Jesus carry his cross through the streets.  The same burn that made George Jackson put his life on the line in prison.  It’s a purpose--not a burden—that some of us have to carry.

As I’ve said before- I cannot guarantee from this point on that we will be struggle-free, that I’ll be G2.  We walk through perilous paths here.  And outside of snares and pitfalls set before us we still make mistakes. 

Nevertheless, it’s Day 1 of another lockdown and my mind is stirring.  This is when I’m at my best and I like to give you a peak of that best.  We’ll see what surprises await us during yet another lockdown.  But for now, I share this piece with you that came to mind.  I’m sure others will follow.  Until then…