Joy
06-28-2002, 05:14 PM
UNCENSORED FROM TEXAS DEATH ROW
by Paul Colella
June 04 – 12, 2002
June 4
Someone has lied or the stoppage was delayed. Had a visit today and yes, they were still taking photos. Saw mom. She was well, and of course the visit as always brought me joy and renewed my strength. Almost like going to the gas station to fill up. (smile)
Well another protest is planned for June 19. Ask around for details. From my understanding it will start in the town of Livingston, then move out here to the unit.
Heard today our new Lt, Lt. Reese is no longer here, made captain. So he is gone. What’s in store now? We shall see. I hope it’s someone halfway decent, though it don’t matter much, really. Every time it’s a decent one the administration moves him along.
Soulja struck again today. Jacked the tray to get put on food loaf. I don’t blame him really. We had 5 meals in 2 days with no meat on them. Then we had a single slice of bologna. Everyone is speaking about being hungry. It’s sad to have guys wanting to be put on food loaf just to get full. Oh well, another day, another food loaf. :-)
June 5
Well, I took a day off and just slept all day. It helped. In the last 2 days Rick Rhoades made his Level II and so did Birdman … whew, that dude can whistle. All day and all night.
These folks have made some more changes beside those with the last Uncensored. I’m enclosing them. (see end of Uncensored)
We have 3 new additions to Level III: Lionel Rodriguez, Ruben Guiterrez, Michael Rosales. Level II is filling up also. I should make mine at any time now, in this next 2 weeks sometime. We shall see. Soulja says he don’t want to go at all. I can understand his feelings. He went hard with the best of em. His choice is to remain a symbol of rebellion. He is true to that, and one can only respect that. To be a rock on one’s standards is to be a man.
They have been making the food loafs smaller now. Figures. They had already cut the size once before. It’s pitiful really that they don’t want us full.
Well, it looks I’m going to start putting out Uncensored once a month from now on. This way you will still get updates. There just not a lot going on. That’s sad to say, it truly is! But there’s nothing I can do to liven it up. Anyway I’m not abandoning you, just gathering my wind. Each Uncensored from here on will be followed by one of my articles and any rule changes or grievances I’ve gathered. If anything major happens, I’ll put out an Uncensored Newsflash and get it out ASAP afterwards.
There’s been no word yet on the new warden. He hasn’t to my knowledge had anything to do with these most recent rule changes. So we’re still waiting to see what’s up with him. I’ll let you know.
Food still yuk. They just throw a bunch of stuff in a pot, boil it a few hours and call it chicken chow or beef & noodles, or my favorite, Salisbury Steak. It’s a meatball, the size of a ping pong ball. Pitiful, truly is.
June 8
Missed y’all protestors the last couple of weeks, so I’m looking forward to seeing you on the 19th. Maybe I’ll be Level II by then. More visits! Yahoo.
June 9
Heard today that Level III can now buy hygiene like soap and shampoo, toothpaste and deodorant. Yahoooo. Now I don’t have to smell myself after a long sweaty day in the hot box called a cell. It’s not too bad yet. (frown)
But I wont get my hopes up. We all know how rumors are. (frown)
June 10
Well folks, the food situation has gone down hill again. I know it seems whiney and crying over it considering all the people who are starving in the world. I should appreciate what I do get, and I do. It’s not really the food itself at issue, it’s the double standards. We are expected to follow every petty rule TDCJ has yet they cannot even follow a simple dietary requirement set by the state dietarian. There is no way they meet the requirements, no way. I remember on Ellis the way the food was dished out. If there were left overs, the officers let the workers pass it out. Here it goes in the trash. I bet TDC wastes a million Dollars yearly on uneaten food by throwing left overs away. Pitiful!
June 12
Well, another day in hell brings good news. The rumor was true. Level III prisoners can now buy basic hygiene items which do include soap (5 hotel size bars per 2 weeks), 1 shampoo, 1 toothbrush, 1 toothpaste, 1 comb and 1 deodorant. Thank you powers that be!! Sincerely thank you.
I don’t know if it was our combined protests that did it or not, but it doesn’t matter what the cause was. It’s a blessing for the guys now on Level III and any in the future. Again, Thank you!
I received a letter from my girlfriend tonight, and she suggested I reminisce a bit about Ellis here in Uncensored, so that everyone will see how different it is. Once again, I encourage questions or ideas about what you want to read about or know.
The thing I miss most about Ellis was against the rules, but it’s been my passion in life for 15 years and that was tattooing. Of course it’s against the rules because of possible transmission of disease.
I tattooed 56 people since I been on death row. That’s a lot in this environment (prison). It’s how I met my best friend Chitown in 97. We talked our way into a cell together and got his shirt started, but never get to finish it. The time I spent tattooing him was one of the times I found a bit of contentment in a chaotic society. I made the best of the situation.
After that, I have to say I truly miss playing basketball, volleyball, handball, even dominos and scrabble with the fellas. We would all get up early on holidays and have tournaments. Everyone would pitch in a 6 pack of Coca Cola or whatever, and the winners take all. Almost everyone on the wing would join in one event or another. And it was really unbelievable how few fights there were. But that’s the alleged worst of the worst for you. We would be out there all day playing basketball and other sports TOGETHER.
For 23 years death row, Texas death row could socialize and play games or just walk and talk to each other. Why, after all that time, would they snatch that bit of comraderieship away. It makes no sense to keep us isolated as they are.
I received my grievance appeal back from the case I got for the coffee.
“No Errors found”. I cannot believe this crap, because is no doubt the woman lied. ABSOLUTELY NO DOUBT whatsoever. But it fits TDC. Cover the officer’s ass at all costs. But I, Paul Colella, shouldn’t expect a fair shake, not after all the attention I brought on them with Uncensored. Pisses me off.
I’ll try and continue a weekly Uncensored. I’ve received a few encouraging letters and Emails plus family and friends all say y’all need me to, so I’ll try.
I’ll go ahead and get this one out.
In struggle and solidarity
Paul Colella
# 999045
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351
USA
paul@deathrow.at
Paul Colella # 999045
NOTICE TO STAFF OF CHANGES TO OFFENDER DISCIPLINARY RULES AND PROCEDURES EFFECTIVE DATE OF CHANGES: July 1, 2002
The following is a list of changes to the disciplinary rules and procedures for offenders in the institutional and state jail divisions. The list contains the changes that the Board of Criminal Justice approved March 29, 2002, and which will go into effect July 1, 2002. The list includes changes that have been made since the rule book's last revision. The newly revised disciplinary rule book (GR 106) with a revision date of 3/2002, to include the Spanish version and the standard offense pleadings handbook are being printed and should be available at the prison store by mid-June. Please disseminate this information to your staff. A separate e-mail message to notify the offender population of the changes will be provided soon.
Changes to Rules (Offenses)
New Rules
1. Added Offense Code 3.5 Exposure to body fluids - causing another person who is not an offender to contact the blood, seminal fluid, urine, or feces of the offender of any other person. Offense added to track similar incidents reported to emergency action center. Offense descriptors will be added to identify the fluid: BL - Blood, UR - Urine, FE - Feces, and SE - Seminal fluid. Also, the staff assault descriptor (SA) will be required for this offense.
2 Added Offense Code 20.1 Discourteous conduct of a sexual nature. Conduct of an offender (speech or actions) of a sexual nature toward an employee that a reasonable person would find offensive. Offense added to identify and track offenders with a propensity for Directing these actions toward staff.
3. Added offense code 26 Recruiting membership in a security threat group or any other group that engages in criminal or prohibited activity - coercing, inducing, or soliciting an offender to become a member of or actively participate in activities of a security threat group or any other group that engages in activity prohibited by statute or agency rules. Offense added to help deter such activities.
Revised Rules
4. Revised Offense Code 15 Trafficking and trading, to specify that money transfers are included, and to read as follows: The unauthorized buying, selling, exchange, or transfer of any commodity from any individual, other than making authorized purchases from the commissary (evidence may include an excessive inventory of marketable items). This includes the unauthorized transfer of money from one offender to another, whether the transfer is direct or indirect.
5. Revised Offense Code 15.1 By adding the word "or" between the words "business enterprise" to read: "Establishing and/or operating an unauthorized business or enterprise" Change was made to broaden applicability of offense.
6. Revised Offense Code 24.1 Refusing to comply with grooming standards to include extreme hairstyles and changing hair color, to read as follows: "(Shave, get a haircut, or have an extreme haircut or extreme hairstyle (see TDCJ Offender Orientation Handbook for a description of extreme haircuts; extreme hairstyles consist of styling one's hair in a manner that is not ordinary, and includes the changing of hair color without authorization))"
7. Revised Offense Code 24.3 Refusing to accept a housing assignment. By specifying that the offense includes refusals to accept the current housing assignment when another offender is assigned to live in the same cell.
8. Revised Offense Code 25 Refusing to work by adding the word "failing" to sub-offense A and B (to include refusing or failing to begin or complete a work assignment).
9. Revised Offense Code 30.1 Attempting to establish an inappropriate relationship with staff. By limiting the offense to "attempts," in order to identify and track attempts to engage in such activity, and added 30.2 Establishing an inappropriate relationship with staff to identify and track cases in which an offender-employee relationship occurred.
10 Revised Offense Code 37 Soliciting money or gifts from another person for the benefit of an offender. To say: An offender may not solicit gifts for any purpose of beneficiary.
11. Revised Offense Code 42 Use of indecent or vulgar language to specify the object of the violation is any person who is not an offender.
Updated Rules
***Note: The rule book will include the following changes, Items 12 through 16, that were previously approved and are already in effect****
12. Included the changes to Disciplinary Offense Codes 1.0 through 1.4, and 2.0 through 2.3, and 3.0 through 3.4 that the Board of Criminal Justice approved in January 2001, and which took effect April, 2001.
13. Included the change to Offense Code 12.1, refusal to submit to a urinalysis. Which was moved to Level 1 (change took effect April, 2001).
14. Included the change to the parenthetical example in the Offense Code 20 Sexual misconduct that was added in April, 2001, "(I.E., Masturbation in such a way that others become aware the offender is doing so) in public,..."
15. Included the revision of Offense Code 21 regarding the level of injury that was added in April, 2001. (Fighting without a weapon or assaulting an offender without a weapon, which results in a non-serious injury (injury that requires treatment up to first aid, as determined by unit medical staff)).
16. Included Offense Code 24.3 Refusing to submit to a DNA specimen collection - refusal or failure to provide a blood or tissue sample for the purpose of creating a DNA record, which went into effect September, 2000.
17. Added a requirement to schedule minor hearings within seven days, excludes weekends and holidays, of the offense date, and to document the reason if a hearing was not held within this time frame. Section III.A.5. This procedure incorporates ACA standard No. 3-42218.
18. Added a requirement to schedule major hearings within 7 days, excluding weekends and holidays, of the offense date, and 3 document the reason if hearings were not held within this time frame. This procedure incorporates ACA Standard No. 3-4226. Note that the existing maximum time limits for major and minor hearings were retained. Also revised this section to allow a case to be tried after 45 days from the date the offender was served with notice of charges when an offender has not been assigned to another unit, if unforeseen circumstances occur, and only with the regional director's written approval. Also revised wording from "punitive segregation" to "solitary confinement" Section IV.C.
19. Updated the applicable sections to allow the accused offender to waive attending the minor or major disciplinary hearing. Sections III.A.3 and IV.A.5 There procedures, which incorporate ACA Standards No. 3. 4225, were adopted in July, 1998.
20. Revised Section VI. B.1 to clarify that contraband items do not need to be produced at the hearing if destroyed by the offender.
21. Revised Section VII.A.2(A) and (B) to change wording from "punitive segregation" to "solitary confinement."
22. Revised Section VIII.B to include to the special procedures regarding certain charges, a reference to the management of general population offenders who refuse to accept housing assignments or engage in sexual misconduct pursuant to AD-03.70.
23. Revised Section X1.B to say an offender's access to the tape recording of his disciplinary hearing is limited to "review".
24. Revised Section XIV.B to reflect the policy on good-time limits that took effect April 2001.
Forms Section
25. Revised the disciplinary report and hearing record forms (I-47MA and I-47MI) to include the question to the offender whether he wants to attend the hearing, and the requirement to document delays if the hearing is held after seven business days.
26. Added the good-time loss limits, which went into effect in April, 2001. In a chart at the end of the book.
by Paul Colella
June 04 – 12, 2002
June 4
Someone has lied or the stoppage was delayed. Had a visit today and yes, they were still taking photos. Saw mom. She was well, and of course the visit as always brought me joy and renewed my strength. Almost like going to the gas station to fill up. (smile)
Well another protest is planned for June 19. Ask around for details. From my understanding it will start in the town of Livingston, then move out here to the unit.
Heard today our new Lt, Lt. Reese is no longer here, made captain. So he is gone. What’s in store now? We shall see. I hope it’s someone halfway decent, though it don’t matter much, really. Every time it’s a decent one the administration moves him along.
Soulja struck again today. Jacked the tray to get put on food loaf. I don’t blame him really. We had 5 meals in 2 days with no meat on them. Then we had a single slice of bologna. Everyone is speaking about being hungry. It’s sad to have guys wanting to be put on food loaf just to get full. Oh well, another day, another food loaf. :-)
June 5
Well, I took a day off and just slept all day. It helped. In the last 2 days Rick Rhoades made his Level II and so did Birdman … whew, that dude can whistle. All day and all night.
These folks have made some more changes beside those with the last Uncensored. I’m enclosing them. (see end of Uncensored)
We have 3 new additions to Level III: Lionel Rodriguez, Ruben Guiterrez, Michael Rosales. Level II is filling up also. I should make mine at any time now, in this next 2 weeks sometime. We shall see. Soulja says he don’t want to go at all. I can understand his feelings. He went hard with the best of em. His choice is to remain a symbol of rebellion. He is true to that, and one can only respect that. To be a rock on one’s standards is to be a man.
They have been making the food loafs smaller now. Figures. They had already cut the size once before. It’s pitiful really that they don’t want us full.
Well, it looks I’m going to start putting out Uncensored once a month from now on. This way you will still get updates. There just not a lot going on. That’s sad to say, it truly is! But there’s nothing I can do to liven it up. Anyway I’m not abandoning you, just gathering my wind. Each Uncensored from here on will be followed by one of my articles and any rule changes or grievances I’ve gathered. If anything major happens, I’ll put out an Uncensored Newsflash and get it out ASAP afterwards.
There’s been no word yet on the new warden. He hasn’t to my knowledge had anything to do with these most recent rule changes. So we’re still waiting to see what’s up with him. I’ll let you know.
Food still yuk. They just throw a bunch of stuff in a pot, boil it a few hours and call it chicken chow or beef & noodles, or my favorite, Salisbury Steak. It’s a meatball, the size of a ping pong ball. Pitiful, truly is.
June 8
Missed y’all protestors the last couple of weeks, so I’m looking forward to seeing you on the 19th. Maybe I’ll be Level II by then. More visits! Yahoo.
June 9
Heard today that Level III can now buy hygiene like soap and shampoo, toothpaste and deodorant. Yahoooo. Now I don’t have to smell myself after a long sweaty day in the hot box called a cell. It’s not too bad yet. (frown)
But I wont get my hopes up. We all know how rumors are. (frown)
June 10
Well folks, the food situation has gone down hill again. I know it seems whiney and crying over it considering all the people who are starving in the world. I should appreciate what I do get, and I do. It’s not really the food itself at issue, it’s the double standards. We are expected to follow every petty rule TDCJ has yet they cannot even follow a simple dietary requirement set by the state dietarian. There is no way they meet the requirements, no way. I remember on Ellis the way the food was dished out. If there were left overs, the officers let the workers pass it out. Here it goes in the trash. I bet TDC wastes a million Dollars yearly on uneaten food by throwing left overs away. Pitiful!
June 12
Well, another day in hell brings good news. The rumor was true. Level III prisoners can now buy basic hygiene items which do include soap (5 hotel size bars per 2 weeks), 1 shampoo, 1 toothbrush, 1 toothpaste, 1 comb and 1 deodorant. Thank you powers that be!! Sincerely thank you.
I don’t know if it was our combined protests that did it or not, but it doesn’t matter what the cause was. It’s a blessing for the guys now on Level III and any in the future. Again, Thank you!
I received a letter from my girlfriend tonight, and she suggested I reminisce a bit about Ellis here in Uncensored, so that everyone will see how different it is. Once again, I encourage questions or ideas about what you want to read about or know.
The thing I miss most about Ellis was against the rules, but it’s been my passion in life for 15 years and that was tattooing. Of course it’s against the rules because of possible transmission of disease.
I tattooed 56 people since I been on death row. That’s a lot in this environment (prison). It’s how I met my best friend Chitown in 97. We talked our way into a cell together and got his shirt started, but never get to finish it. The time I spent tattooing him was one of the times I found a bit of contentment in a chaotic society. I made the best of the situation.
After that, I have to say I truly miss playing basketball, volleyball, handball, even dominos and scrabble with the fellas. We would all get up early on holidays and have tournaments. Everyone would pitch in a 6 pack of Coca Cola or whatever, and the winners take all. Almost everyone on the wing would join in one event or another. And it was really unbelievable how few fights there were. But that’s the alleged worst of the worst for you. We would be out there all day playing basketball and other sports TOGETHER.
For 23 years death row, Texas death row could socialize and play games or just walk and talk to each other. Why, after all that time, would they snatch that bit of comraderieship away. It makes no sense to keep us isolated as they are.
I received my grievance appeal back from the case I got for the coffee.
“No Errors found”. I cannot believe this crap, because is no doubt the woman lied. ABSOLUTELY NO DOUBT whatsoever. But it fits TDC. Cover the officer’s ass at all costs. But I, Paul Colella, shouldn’t expect a fair shake, not after all the attention I brought on them with Uncensored. Pisses me off.
I’ll try and continue a weekly Uncensored. I’ve received a few encouraging letters and Emails plus family and friends all say y’all need me to, so I’ll try.
I’ll go ahead and get this one out.
In struggle and solidarity
Paul Colella
# 999045
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351
USA
paul@deathrow.at
Paul Colella # 999045
NOTICE TO STAFF OF CHANGES TO OFFENDER DISCIPLINARY RULES AND PROCEDURES EFFECTIVE DATE OF CHANGES: July 1, 2002
The following is a list of changes to the disciplinary rules and procedures for offenders in the institutional and state jail divisions. The list contains the changes that the Board of Criminal Justice approved March 29, 2002, and which will go into effect July 1, 2002. The list includes changes that have been made since the rule book's last revision. The newly revised disciplinary rule book (GR 106) with a revision date of 3/2002, to include the Spanish version and the standard offense pleadings handbook are being printed and should be available at the prison store by mid-June. Please disseminate this information to your staff. A separate e-mail message to notify the offender population of the changes will be provided soon.
Changes to Rules (Offenses)
New Rules
1. Added Offense Code 3.5 Exposure to body fluids - causing another person who is not an offender to contact the blood, seminal fluid, urine, or feces of the offender of any other person. Offense added to track similar incidents reported to emergency action center. Offense descriptors will be added to identify the fluid: BL - Blood, UR - Urine, FE - Feces, and SE - Seminal fluid. Also, the staff assault descriptor (SA) will be required for this offense.
2 Added Offense Code 20.1 Discourteous conduct of a sexual nature. Conduct of an offender (speech or actions) of a sexual nature toward an employee that a reasonable person would find offensive. Offense added to identify and track offenders with a propensity for Directing these actions toward staff.
3. Added offense code 26 Recruiting membership in a security threat group or any other group that engages in criminal or prohibited activity - coercing, inducing, or soliciting an offender to become a member of or actively participate in activities of a security threat group or any other group that engages in activity prohibited by statute or agency rules. Offense added to help deter such activities.
Revised Rules
4. Revised Offense Code 15 Trafficking and trading, to specify that money transfers are included, and to read as follows: The unauthorized buying, selling, exchange, or transfer of any commodity from any individual, other than making authorized purchases from the commissary (evidence may include an excessive inventory of marketable items). This includes the unauthorized transfer of money from one offender to another, whether the transfer is direct or indirect.
5. Revised Offense Code 15.1 By adding the word "or" between the words "business enterprise" to read: "Establishing and/or operating an unauthorized business or enterprise" Change was made to broaden applicability of offense.
6. Revised Offense Code 24.1 Refusing to comply with grooming standards to include extreme hairstyles and changing hair color, to read as follows: "(Shave, get a haircut, or have an extreme haircut or extreme hairstyle (see TDCJ Offender Orientation Handbook for a description of extreme haircuts; extreme hairstyles consist of styling one's hair in a manner that is not ordinary, and includes the changing of hair color without authorization))"
7. Revised Offense Code 24.3 Refusing to accept a housing assignment. By specifying that the offense includes refusals to accept the current housing assignment when another offender is assigned to live in the same cell.
8. Revised Offense Code 25 Refusing to work by adding the word "failing" to sub-offense A and B (to include refusing or failing to begin or complete a work assignment).
9. Revised Offense Code 30.1 Attempting to establish an inappropriate relationship with staff. By limiting the offense to "attempts," in order to identify and track attempts to engage in such activity, and added 30.2 Establishing an inappropriate relationship with staff to identify and track cases in which an offender-employee relationship occurred.
10 Revised Offense Code 37 Soliciting money or gifts from another person for the benefit of an offender. To say: An offender may not solicit gifts for any purpose of beneficiary.
11. Revised Offense Code 42 Use of indecent or vulgar language to specify the object of the violation is any person who is not an offender.
Updated Rules
***Note: The rule book will include the following changes, Items 12 through 16, that were previously approved and are already in effect****
12. Included the changes to Disciplinary Offense Codes 1.0 through 1.4, and 2.0 through 2.3, and 3.0 through 3.4 that the Board of Criminal Justice approved in January 2001, and which took effect April, 2001.
13. Included the change to Offense Code 12.1, refusal to submit to a urinalysis. Which was moved to Level 1 (change took effect April, 2001).
14. Included the change to the parenthetical example in the Offense Code 20 Sexual misconduct that was added in April, 2001, "(I.E., Masturbation in such a way that others become aware the offender is doing so) in public,..."
15. Included the revision of Offense Code 21 regarding the level of injury that was added in April, 2001. (Fighting without a weapon or assaulting an offender without a weapon, which results in a non-serious injury (injury that requires treatment up to first aid, as determined by unit medical staff)).
16. Included Offense Code 24.3 Refusing to submit to a DNA specimen collection - refusal or failure to provide a blood or tissue sample for the purpose of creating a DNA record, which went into effect September, 2000.
17. Added a requirement to schedule minor hearings within seven days, excludes weekends and holidays, of the offense date, and to document the reason if a hearing was not held within this time frame. Section III.A.5. This procedure incorporates ACA standard No. 3-42218.
18. Added a requirement to schedule major hearings within 7 days, excluding weekends and holidays, of the offense date, and 3 document the reason if hearings were not held within this time frame. This procedure incorporates ACA Standard No. 3-4226. Note that the existing maximum time limits for major and minor hearings were retained. Also revised this section to allow a case to be tried after 45 days from the date the offender was served with notice of charges when an offender has not been assigned to another unit, if unforeseen circumstances occur, and only with the regional director's written approval. Also revised wording from "punitive segregation" to "solitary confinement" Section IV.C.
19. Updated the applicable sections to allow the accused offender to waive attending the minor or major disciplinary hearing. Sections III.A.3 and IV.A.5 There procedures, which incorporate ACA Standards No. 3. 4225, were adopted in July, 1998.
20. Revised Section VI. B.1 to clarify that contraband items do not need to be produced at the hearing if destroyed by the offender.
21. Revised Section VII.A.2(A) and (B) to change wording from "punitive segregation" to "solitary confinement."
22. Revised Section VIII.B to include to the special procedures regarding certain charges, a reference to the management of general population offenders who refuse to accept housing assignments or engage in sexual misconduct pursuant to AD-03.70.
23. Revised Section X1.B to say an offender's access to the tape recording of his disciplinary hearing is limited to "review".
24. Revised Section XIV.B to reflect the policy on good-time limits that took effect April 2001.
Forms Section
25. Revised the disciplinary report and hearing record forms (I-47MA and I-47MI) to include the question to the offender whether he wants to attend the hearing, and the requirement to document delays if the hearing is held after seven business days.
26. Added the good-time loss limits, which went into effect in April, 2001. In a chart at the end of the book.