THE PUBLIC DEFENDER OF PRISONER RIGHTS AND WRONGS
I meet briefly with Tim B., a local lawyer working in the public defender's office.
He is curious and skeptical about this whole affair. He has reluctantly given up his
valuable time only because his aunt had asked him as a personal favor to check on
his cousin. I describe the main features of the study and how serious it had be-
come. I invite him to treat the matter exactly as he would if he had been called
in to represent a group of real inmates. He agrees, and meets first with cousin
Hubbie-7258 alone and then with all the prisoners. He allows us secretly to
videotape the session in the same laboratory room on the first floor where the
Parole Board had met.
The level of formality between these two kin surprises me. There is no hint of
any previous relationship, if any existed. Maybe it was an Anglo thing, but I had
expected at least a hug, not a formal handshake and "It's good to see you again."
Attorney Tim goes through a standard list of items in a businesslike manner. He
reads from a prepared list the categories of concern, stopping after each one to
elicit the prisoner's responses, notes them, usually without comment, and moves
on to the next in order:
Informed of rights upon arrest?
Harassment by guards?
Nature of any guard abuse?
Under pressure, mentally distraught?
Size and condition of cell?
Requests that have been denied?
Warden's behavior that was unacceptable?
Issues about bail?
Hubbie-7258 answers the questions in a good-humored way. I think he is as-
suming that his cousin was going through this standard routine prior to escorting
Friday's Fade to Black 177
him out of the jail. The prisoner tells his public defender that they have been told
that there is no way for them to leave the prison, no way to break the contract.
The PD reminds him that if the original contract were based on monetary return
for services, by his being willing to forfeit that fee the contract would be null and
void. "Yes, I told them that at the Parole Board hearing, but it did no good, I'm still
here."
4
In listing his complaints, Hubbie-7258 makes it a point to note that Pris-
oner 416's troublemaking behavior had made them all mad.
The guards escort the remaining prisoners into the interview room, with
bags over their heads as usual. The guards are joking as they remove the hoods.
They leave, but I remain seated in the rear. The PD runs through the same set of
questions as with Hubbie, inviting any of the prisoners to reply with their com-
plaints as appropriate.
Clay-416 leads off, complaining first about the Parole Board pressuring him
to plead guilty to the charges of his arrest, which he had refused to do because he
was never officially charged. His fasting was, in part, a way to call attention to his
illegal imprisonment given that he was being held without charges.
(Again this young man continued to confound me; clearly, he was function-
ing at multiple, incompatible levels. He was dealing with the whole experience in
purely legalistic terms, mixing an experimental services contract with prisoner's
rights and corrections formalities, not to mention a certain "new age" mystical
meditation.)
Clay seems desperate to talk to someone who would actually listen to him.
"Certain guards, who will go unnamed," he says, "misbehaved toward me up to
the level of injurious behavior." He is willing to file an official complaint against
them, if necessary. "Those guards also arranged for the other prisoners to be set
against me by allegedly making my fasting a condition for their not getting visi-
tors," he nods toward Hubbie-7258, who sheepishly looks the other way. 'And I
was frightened when they put me in the Hole and had the other prisoners bang
against the door. Their own rule against violence was set, but I was afraid it would
soon be overstepped."
Sarge-2093 speaks up next, describing some of the attempts various guards
made to harass him, but he is proud to report that they had been unsuccessful. He
then gives a precise clinical description and demonstration of when a particular
guard had ordered him to do many push-ups—with two other prisoners sitting on
his back.
The public defender is startled by that account, duly noting it down with a
frown. Next, tall Paul-5704 complains about the guards manipulating him by
using his smoking habit against him. Good guy Jerry-5486 complains at a less
personal, more general level of the inadequate diet and missed meals, the exhaus-
tion from endless middle-of-the-night counts, the out-of-control behavior of some
guards, and the lack of supervision by the senior staff. I wince as he turns to look
directly at me, but he was right on target: I was guilty.
When the public defender completes his note taking, he thanks them for this
178 The Lucifer Effect
information, and says he would file a formal report on Monday and try to arrange
for their bail. As he rises to leave, Hubbie-7258 loses it: "You can't go away and
leave us here! We want to leave now with you. We can't stand another week or
even weekend. I thought you were going to arrange for me, for us, to be bailed out
now. Please!" Tim B. is taken aback by this sudden emotional outburst. He ex-
plains in a most formal way what his job entails, what its limits are, and how he
could help them but is powerless to take action there and then. The five survivors
appear to hit bottom at that point; their high hopes dashed by legal nonsense.
Tim B.'s reactions to this unique experience, conveyed to me in a letter
shortly afterward, are informative:
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