In
These Times
MISSISSIPPI:
Cruel as Usual - Mississippi Death Row conditions
persist
Rat-infested
cells, feces-flooded cellblocks, the screams of psychotic inmates and
temperatures exceeding 100 degrees are among the worst of the punishments that
Mississippi Death Row prisoners have endured. But despite a federal judge�s
ruling that the Mississippi Department of Corrections (MDOC) was violating the
Eighth Amendment by inflicting "cruel and unusual punishment" on its
death row inmates held at Parchman Correctional Facility, the state has
refused to improve the conditions, choosing instead to appeal the judge�s
decision on legal technicalities concerning the right of prisoners to choose
their own attorneys.
In
his May 21, 2003, decision U.S. Magistrate Jerry A. Davis wrote, "No one
in a civilized society should be forced to live under conditions that force
exposure to another person's bodily wastes. No matter how heinous the crime
committed, there is no excuse for such living conditions."
The
judge ordered the MDOC to make 10 improvements, including better plumbing,
lighting and insect control by July 7, 2003. In addition he said the
department should make fans, ice water, and showers available to inmates if
temperatures exceed 90 degrees. Since Judge Davis�s ruling, the MDOC has
changed psychiatric care providers and vowed to attend to minor improvements
such as installing window screens to protect inmates from insects and vermin.
However, according to the American Civil Liberties Union's (ACLU) Amy Fettig,
"No real or lasting changes have been made."
The
squalor of Mississippi's death row was originally brought to the attention of
the ACLU in Janurary 2002, when the inmates staged a hunger strike to protest
the filthy conditions. Representatives from the ACLU�s National Prison
Project toured the facility and tried to negotiate with prison officials for
improved conditions. When negotiations failed, the ACLU and Washington D.C.
law firm Holland and Knight filed a case in July 2002 against the MDOC on
behalf of 6 prisoners on death row.
Mississippi
Corrections Commissioner Chris Epps, who disputes the prisoners� right to
obtain legal defense from the ACLU, defends the conditions at Parchman. He
says that implementing changes would cost $500,000 a year and the department
is currently operating with a deficit of approximately $60 million. MDOC
officials are concerned that the cost of improving the conditions on death row
could take away from education and literacy programs. "I've been in this
business for 23 years and I�ve been to many prisons throughout the
U.S.," Epps told reporters in May. "Ours is no different from any
other state that I've been in."
Yet
courts across the nation have found that defective plumbing, inadequate or
constant lighting, exposure to rodents and insects, and unsanitary food
service are all violations of the Eighth Amendment. When psychiatrist Terry
Kupers toured the facility in August 2002, he noted, that the prison's
conditions "are virtually certain to cause medical illness and
destruction of mental stability and functioning. Parchman�s death row rivals
any prison I have seen for cruel, harsh and inhumane conditions of confinement,
even compared with super maximum facilities."
"The
citizens of Mississippi should be ashamed that their tax dollars are
supporting a facility where a stray dog wouldn't be housed overnight, let
alone human beings serving lengthy prison sentences," says North Carolina
attorney Betsy Wolfenden, a member of the International Citizens for Human
Incarceration at Parchman. Carolyn Clayton, a founder of the victims rights
group Survival Inc., agrees, "Even though they�ve done some horrific
things, they are still human beings."
Before
the ACLU got involved, inmates experienced problems contacting their attorneys.
Prison officials cut off phone connections and punished prisoners by denying
them stamps. This was especially galling because most prisoners on death row
in Mississippi are appealing their sentences. Out of 170 death sentences in
Mississippi since 1976, 70 have been vacated, and only 6 prisoners have been
executed. There are currently 66 prisoners on death row at Parchman.
On
November 5, the Fifth District Court of Appeals heard the ACLU�s oral
argument for the merits of the case. If Davis� ruling withstands the appeal,
and the MDOC is forced to comply, the effects of this case could have far
reaching consequences for national prison reform.
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