Reply to States Response

Reid Danell, English 151 Writing Assignment – Lesson 1
The Riverside Reader Topic #5 Essay

The state in which I live, Montana, has an overwhelmingly white population. Our prison system is a reflection of these demographics. One of the smallest minority groups here are African-Americans. Most Black inmates come to Montana from out-of-state, whether for college or with the military, and thus normally have few ties to Montana communities. For these, and possibly other cultural reasons, Black inmates are seen as “different” by white inmates within the Montana state prison system.
A subtle undercurrent of racism pervades the prison population here. Subtle, because it is rarely blatant or out in the open. It’s far more craven than that. When behind closed doors, after making sure all of the faces within the room are white, out come the jokes and snickers. Stereotypes about Blacks are widely held by white inmates, and even by some of the other ethnic groups. Yet, none of this is ever voiced directly to a Black man, or even in his hearing. Instead, when a Black inmate is present, it’s all smiles and pats on the back.
These attitudes are very prevalent here. I’ve been guilty of them myself, even if it is by omission, rather than by commission. Being white, with a shaved head, goatee, and “Irish Pride” tattooed down my forearms, I’m seen as one of the “good ol’ boys.” Many times I’ve stood there and listened to someone say the most offensive and hateful things about Black people. Deep in my heart I want to shout, “You ignorant piece –of-sh-t! That’s the dumbest thing I’ve ever heard! Unless you have something intelligent and meaningful to say, do us all a favor and shut the f-ck up.” Yet, I never do. On my best day I may maintain a disdainful silence. At my worst, a halfhearted chuckle. Thus, an opportunity for heroism is sabotaged by cowardice. While no excuse, the fear of being ostracized, and group conformity, are powerful societal forces.
Possibly even more insidious, is the institutionalized racism among prison staff and officials. Blacks and other minorities are more often singled out for pat searches, cell shake-downs, and investigations than white inmates are. Some of it is informal. It’s not uncommon for a guard to feel comfortable exchanging racist jokes with white inmates. The implications of that are profound, given the “us vs. them” mentality between staff and prisoners.
There are heartening moments though, even if they are born of tragedy. The recent shooting death of Trayvon Martin in Sanford, Florida, has ignited universal outrage and disgust among inmates here, regardless of race or background. For however fleeting of a moment, the terrible injustice done to this young man has united many of us as men; as Americans; as human beings. It often takes tragedy and injustice to unite people across perceived boundaries, and that’s tragic in itself, but with it has come a small glimmer of hope for the restoration of human decency and solidarity.
The question remains to be asked, “Will there b any lasting change here as a result of what happened to Trayvon Martin?” Sadly, it is not very likely. Attention spans are short and human ignorance runs deep. Still, not all is bleak. As our nation becomes more and more pluralistic, perhaps an increase of bi-racial and multi-racial families will make racist attitudes and stereotypes a thing of the past, even in prison. Or, more heroically, maybe a brave man, or men, will take a stand for what’s noble and virtuous, and cease to tolerate racial prejudice within their sphere of influence. Perhaps they will combat ignorance with truth, and turn the time of racial hatred here. Perhaps. And, so, hope remains.

On March 18, 1963 the Supreme Court in Gideon v. Wainwright promised the “guiding hand of counsel” for the poor as well as the rich, for people of color as well as those who are white, and for the guilty as well as the innocent. The holding was simple: Indigents in felony cases who cannot afford a lawyer must be provided one. The broad and powerful rationale supporting the decision went back to first principles. Effective counsel is a fundamental right because it ensures all the other rights the Constitution affords an individual dragged into the dock to face accusers and the awesome power of the state. It not only protects the innocent from wrongful conviction, but promotes the integrity and efficient operation of the entire system by making sure law enforcement cannot cheat or cut corners when prosecuting the guilty. Read the rest of this article here

These thoughts came to me upon reflection of this White fellow inmate’s  essay, and I am recalling my own experience in the beautiful state of Montana.  I want readers to know that as a Black man born in Jamaica, West Indies, I have been royally subjected to racial discrimination. There are many God-fearing White people whom I’ve met, with hearts of gold and who were sensitive to the issues of being human, that I have personally experienced kindness, love and compassion from.  Such people I embrace and welcome in my life experiences.  The problem for me comes with those who refuse to see me as a human being first, and Black later; or dare judge me because of skin color at all.

From the first weeks and months after coming to Montana, it was real obvious to me that being Black was going to be a huge problem.  I was not considered for a good paying job as a welder and as a last resort had to settle for work at a car dealership in order to take care of my family.  Even with that job I had to work much harder than my White counterparts to keep my job. My  co-worker’s performance was often unproductive and unacceptable to supervisors, so it became the norm that work was left in my work area to complete, which I did it gracefully.

My skin color came to haunt me at other times while walking down the street.  White people would cross over to the other side just to avoid me.  It was strange to see people lock their car doors when I pulled up beside them in a store parking lot. Being targeted by police after moving to Great Falls was the most frustrating.  They would follow me home while driving back from work, or an event.  I would be approached while sitting in a public park by undercover police who would check my ID and ask me personal questions, then walk away with the attitude that I must be some sort of high profile criminal.  The issue of being a Black man in the United States of America was never sincerely embraced by the White majority.

The most disturbing and stressful thing for me was being disrespected by a bartender who used the N-word with me.  It made me feel less than human and stimulated me to act out on impulsive emotions because of being discriminated against for such a superficial reason.  Society at the time, caused me to resent being a Black man in America, and I found myself resenting my parents for bringing me to the USA.

It was no surprise to me after entering the Criminal Justice system that being a Black man from Jamaica would be the underlying factor in my prison sentence.   From the start the justice system had quickly outfitted me with their most incompetent public defenders, or the ones with the most ambition to move ahead in the system, to ensure that this Black man did not get an opportunity to receive the full benefits of the constitution and laws of the State of Montana.  As a Black man, I am not protected by the due process of the courts, nor entitled to any ‘rights’.

Judge McKittrick‘s racist views made him incompetent and unable to render decisions with objectivity, which is imperative for a person in that position.  He sentenced me according to the truth he decided upon, not the truth demonstrated by forensic evidence that rendered the victim’s most damning statement, false.  My Black skin gave McKittrick the ammunition he wanted to inflate my sentence to the longest he could manipulate.  His dehumanizing and hateful comments about how he viewed my worth as a human being while in his court were beneath his jurisdiction and belong only to God.

For these 21 years of my incarceration, all my efforts to hold the court and my public defenders accountable have fallen on deaf ears, so far.  However, through it all my confidence in God and my growing faith have prevailed against every effort the system has made to redefine me according to their measure of a man – White man that is!  The system as a whole turns a blind eye to every incident of racism and discounts all claims of such, or just blatantly ignores them, as my experience repeatedly has been.
During these years in prison, racism has been an active and ongoing part of the experiences Black people endure under the Montana sky.  Black inmates are targeted for strip searches while doing the very same harmless activities as White inmates.  We might be listening to music together in the yard and suddenly we are told to submit to a strip search while no one else has to.  While worshipping during a chapel service, I have been the only one told to step into the restroom to be stripped searched.

Black jokes, being referred to by the N-word, and enduring various forms of harassment when refusing to ‘rat’ out my peers, are common experiences that made me so much harder to deal with during my first years in prison.  Later on, being targeted along with my wife because we are a bi-racial couple caused many stressful times when staff attempted to suspend our visits on trumped up claims of violating prison policy.   One or both of us were systematically harassed at nearly every visit, which we were careful to document and report, resulting in my transfer to a regional prison after 20 years at MSP.

Prison is a very isolating and lonely place, and so much more so from the perspective of a Black immigrant from another country.  Medical treatment is denied for chronic yet preventable problems because I am to be deported and Montana does not want to waste any of its money on a person who is not a citizen.  This is the reason I’ve been given for being denied treatment on my knees that several doctors have recommended.  Most recently, an appointment with a specialist that was recommended by the doctor at CCA, was cancelled by MSP/DOC.  This denial of my medical need for my knees has been consistent over the last 12 years, resulting in increasing debilitation.

As for my views on racism, in my heart I do not see a person’s skin color as an underlying factor in how I relate to them.  I am more of an attitude kind of person, meaning, it is a person’s behavior that determines how I relate to them.  I believe that every human being has the right to reject anyone including Black people, but that they will ultimately have to answer to God who made us all in His image.

David Ranta, 58, spent 23 years in prison until the conviction integrity unit of the Brooklyn district attorney’s office concluded after a year-long investigation that the case against him was fatally flawed. Click here to read the rest of this article.

New Developments as of 2013

Clive has filed a motion to withdraw his plea based on evidence which proves his innocence in the sexual assault charge.

Motion to Withdraw Plea (updated) (not all documents relating to this motion are provided at this time due to the nature of the legal proceedings surrounding this motion. The full document will be released in the future.)

From and article published in The Public Intellectual 5/2/2011 by Tanya Golash-Boza

Victor emigrated to the U.S. from Jamaica when he was five. He joined his mother and sister, who already lived in Brooklyn, and started school right away. Kids teased him: they called him coconut and said he came over on a banana boat. He had his first fight in elementary school, when another student threw a chicken bone at him during lunch.

By the time Victor got to high school, the taunting stopped, because he was indistinguishable from the other young black men in Brooklyn. When he graduated in the 1990s from an overcrowded, under-equipped, and drug-ridden high school, Victor wanted the life his mother wanted for him, a life free from the poverty they knew both in Kingston and in Brooklyn. “I started seeing my mother struggling,” he says “and I just wanted to help.”

Victor earned little money, however, at his record store job. He decided to sell marijuana to make ends meet, and his life quickly turned sour. He was caught, charged with felony possession of marijuana, and put on probation at age 18. With a felony on his record, finding a job became next to impossible, though as a legal permanent resident, Victor could work. Department stores wouldn’t even hire him during the holiday season, “when they were giving out jobs,” he recalls. “I feel that one charge took my life through stigma,” he says. He went back to selling marijuana, and when he was caught again, he got a four-year prison sentence for violating probation. After that, the almost-native Brooklynite faced an even harsher sentence: Victor was deported to Jamaica, taking his place among the 30,000 deportees there who once lived in the U.S…
Read the entire article here: http://thepublicintellectual.org/2011/05/02/jamaicans-targeted-for-deportation/

Belafonte, 85, whose singing career helped popularise calypso music, was receiving an NAACP Image Award at a ceremony in Los Angeles on Friday night, and used the opportunity to launch an impassioned appeal.

The group most devastated by America’s obsession with the gun is African Americans. Although making comparisons can be dangerous, there are times when they must be noted.  America has the largest prison population in the world and of the over 2 million men, women and children who make to the incarcerated…the overwhelming majority is Black.
They are the most unemployed…the most caught in unjust system of justice…and in the gun game…the most hunted.  The river of blood that washes the streets of our nation…flows mostly from the bodies of our Black children.   Yet as the great debate emerges on the question of the gun, while America discusses the constitutional issue of ownership while no one speaks to the consequences of our racial carnage.  Where is the raised voice of Black America?  Why are we mute?  Where are our leadership? Our legislators?  Where is the Church?
Not all…but many who have been recipients of this distinguished award were men and women who spoke up to remedy the ills of the nation.  They were committed to radical thought.  They were my mentors, my inspiration, my moral compass.  Through them I understood America’s greatness.  Dr. W.E.B. Dubois, Martin Luther King Jr., Eleanor Roosevelt, Fannie Lou Hamer, Ella Baker, Bobby Kennedy, Connie Rice, and perhaps most of all, Paul Robeson.  For me, he was the sparrow.  He was an artist who made us understand the depth of that calling when he said “Artists are the gatekeepers of truth. We are the civilization’s radical voice.”
Never in the history of Black America has there ever been such a harvest of truly gifted and powerful artists…our nation hungers for their radical song…let us not sit back silently.  Let us not be charged with patriotic treason.

- Harry Belafonte

‘Montana Justice:  Power, Punishment, & the Penitentiary’  by Keith Edgerton

2004 by the University of Washington Press

During Montana’s early territorial years, ‘criminal justice’ was almost non-existent: a few towns had inadequate and chronically overcrowded jails; occasional prisoners were sent east to the federal penitentiary in Detroit; and, vigilantes summarily dealt with others suspected of crimes. In 1871, the federal government funded a penitentiary in Deer Lodge and later turned over to Montana when it achieved statehood in 1889. In this absorbing book, Keith Edgerton provides a social history of the Montana Penitentiary, with a primary focus on its early, formative years.

Read more about the book including an except from the book itself here: http://citizensforclive.org/articles-links/book-review-montana-justice-power-punishment-the-penitentiary/

Persons with loved ones in the system have voiced concerns to the Law and Justice Interim Committee regarding a strong dissatisfaction with the operation of the Board of Pardons and Parole for many reasons, and the Board has an obligation to the State not to contribute to the overcrowding of an already financially strapped corrections budget by not denying eligible offenders who display rehabilitation and have completed all required programs. Thus these documents have been drafted in an attempt to bring justice and reform to what is at this point a largely overcrowded system being bogged down by a non functional Board of Pardons and Parole, a BOPP that is not doing their job to the best of their abilities should be investigated, reformed, and made to work in the interest of the taxpayers and not in its own selfish interest or that of the prison industrial complex.

In fact the BOPP’s own website states that “The Montana Board of Pardons and Parole envisions a parole and pardon system that promotes fair and consistent decisions based on public safety, victim concerns, successful inmate re-entry, and sensible use of state resources.” However, despite this mission statement they are doing nothing of the sort!

The following documents lay out a plan to investigate and reform the Board of Pardons and Parole and other elements of the corrections apparatus in Montana so that it represents the best interest of the people of Montana.

Joint Resolution Requesting Study of the Operations of the Montana Board of Pardons and Parole (Updated) (DOWNLOADABLE PDF

An Act Establishing a Statewide Multi-agency Reentry Task Force for Paroled Offenders (DOWNLOADABLE PDF)

An Act Establishing the Corrections Advisory Council (DOWNLOADABLE PDF)

Or you can see the documents displayed in full at this link: http://citizensforclive.org/legislative-reform-proposal-for-montana-corrections-and-parole-board/

Petition for Writ of Habeas Corpus Case # OP 11-0628

Petition for Writ of Habeas Corpus DENIED Case # OP 11-0628

The media is generally quick to accuse politicians and superstars of making “racist comments” even though some of these comments taken in context may not have really been racism. Calling someone a racist can be a weapon in politics, if you can convince voters that one candidate in any race is a racist, the negative publicity can change the vote.

With the general attitude in the mainstream being very anti-racist on the surface, generally we feel that in our country we have “moved past that”. After all we elected our first black President, so we cannot be a racist nation right?

Despite all of this, racism is still alive in America. Recently I was talking to a black friend who lives in a small town in Montana. In her place of employment a group of customers were discussing the upcoming election, debating whether they would vote for Barack Obama or Mitt Romney. A few of the customers were calling Barack Obama a “ni**er” right in front of her. She was absolutely hurt, not just that they were making this racist slur, but right in front of her while she stood there listening. She burst into tears. How could these people hate her so bad that they would do that? It is the year 2012, haven’t we moved past that?

The Associated Press developed surveys, which were administered online, to measure sensitive racial views in several ways and repeated those studies several times between 2008 and 2012. In all, 51 percent of Americans now express explicit anti-black attitudes, compared with 48 percent in a similar 2008 survey. When measured by an implicit racial attitudes test, the number of Americans with anti-black sentiments jumped to 56 percent, up from 49 percent during the last presidential election. Overall, the survey found that by virtue of racial prejudice, Obama could lose 5 percentage points off his share of the popular vote in his Nov. 6 contest against Republican challenger Mitt Romney. **

So in truth a deep seated racism still exists in much of our culture. If it can affect the outcome of the Presidential election, it surely can affect the board of pardons and parole. If average everyday Montanans can be blatantly racist when speaking of the President of the United States, they can certainly be so when speaking of a felon looking for a chance to live again in society and prove he or she has changed.

It is about time that we here in Montana weeded out the racists from the Board of Pardons and Parole, the judicial system, and our local police departments. They exist, they hold these positions, and it affects the lives of real people every day. Do you want your tax dollars supporting racially motivated oppression in your home state? Maybe it is time we admitted we haven’t moved past that, and we worked to ensure equality for our fellow citizens.

**Click here to read the article regarding the Associated Press surveys and the presidential election.

letter to the Board of Pardons and Parole

From the archives:

It came down to the victim’s word against Clive’s which the county attorney’s office prejudicially accepted to make a strong case against Mr. Kinlock. Clive’s Public Defender Julie Macek also knew the County Attorney’s office had no evidence of sexual intercourse in the commission of this crime yet included it in the plea bargain in order to get the inflated sentence, then strongly insisted that he take the plea. Such actions refutes any idea that his Public Defender had any intent to honestly represent him, but instead helped to promote this miscarriage of justice against Mr. Kinlock. Clive complied originally through racial intimidation, being told by his public defender that he could never win as a black man in Montana. He reconsidered, however, and tore up the signature page of the plea bargain. Julie Macek then taped up this torn document and filed it without his knowledge.

Clive learned of this on the way to sentencing. When Clive objected he was told to comply or she would withdraw as his court appointed attorney. She said that she would recommend deportation and a 5 year sentence to the judge.

To read more of the story of Clive Kinlock and view PDF files of all the legal documents please visit the Clive Kinlock Case Files and Document Archives

By this statement we are appealing to you to hold the DOC accountable to its stated mission of ‘Corrections’ instead of perpetual and unforgiving punishment.

Clive Kinlock has 11 years clear conduct, which actually should be closer to 14.  Yet at his March 2009 parole hearing he was denied for EIGHT YEARS.  They say they will review his case in 2014 but they will absolutely refuse to consider his release until 2017!   This additional cost to the state comes to about $235,000 more than the already $585,000 his incarceration has cost the taxpayers.   The reason they recently gave to former Warden Mr. Mahoney is that Mr. Kinlock is not sufficiently remorseful and their belief he will continue to commit a similar crime if released.  They say this in spite of clear evidence to the contrary from many people who have had personal experience of his character over the years, including Mr. Mahoney.

Clive has been denied justice by the state of Montana by improper sentencing, and from sabotage by his public defenders who insisted he agree with a false sexual assault charge which DNA and hospital testing do not support, in exchange for a short prison sentence and deportation.  Instead he is into his 21^st year of imprisonment and in need of medical attention which had been consistently denied him. (Documentation is available at www.citizensforclive.org)  Mr. Kinlock has more than proven to this state that he has taken all the steps needed to live productively on the outside.  Is the state so vindictive that it would prefer he remain in prison for all the best years of his life before becoming free to adapt to a culture he hasn’t experienced since he was a child?  There is obviously something far more sinister here than the idea of ‘Corrections’ or Mr. Kinlock would be a free man right now, having earned that status through  20 years of diligently rehabilitating himself, in spite of the oppressive DOC system currently in place that seems designed to destroy instead of  build up those it holds captive.

Mr. Kinlock’s children, and now grandchildren, have been denied his presence all these years and are as anxious as he is to start catching up on all the years they’ve missed.  Surely this is more important than making sure he remains warehoused for the next 5 years just to keep the inmate bed count at a premium.  Morality needs to be brought back into Montana’s Department of Corrections and to this end we appeal to you of the Law and Justice Committee.”

Joy Wellington’s Statement to the Law and Justice Committee, June 22, 2012

Re: Clive W. Kinlock  (#32704)

It was with interest that I listened to your presentation to the Law and Justice Committee members at the June 22 meeting.  What I do not understand is why what you say and what you do are so different.  What I heard you say is that inmates become parole eligible by having significant clear conduct, holding a steady job, and by being treatment complete.  Yet, this is not the whole story apparently, since Mr. Kinlock, my husband, was denied parole in 2009 for the maximum amount of time allowed then– eight years!  In 2009 he had been working at the same job for many years and considered by his supervisors to be their best employee.  He had over 8 years clear conduct and was treatment complete many times over.  In fact, at one time he even facilitated the very classes you re-assigned him to take after denying him parole in 2009.  This denial of parole which would result in deportation, is costing taxpayers another quarter of a million dollars.

Letters Of Support for Clive Kinlock

Personal Achievements

Former Warden Mike Mahoney spoke with some of your members before retiring, in behalf of Mr. Kinlock.  He told Mr. Kinlock that he disagreed with the Board’s statements and reasons presented to him, making it clear that in his opinion, having known Mr. Kinlock during most of his incarceration, that he was rehabilitated and was no threat to any society, and that there is no reason to believe Mr. KInlock was a risk to reoffend again.

Mr. Kinlock has given over 20 years of his life to prove to the State of Montana his commitment to change and to rehabilitate himself.  He has expressed remorse and regret for his crime, committed while under the influence of marijuana and alcohol, which he has taken a vow to never touch again.  He wrote a letter to his victim, via her attorney, years ago asking forgiveness and expressing his remorse, so your excuse to Mr. Mahoney does not hold water.

Mr. Kinlock has given his life to the Lord for service in His kingdom, and has demonstrated this commitment by his consistently honorable character and behavior in the most difficult environment possible.  We know the Lord hears the cry of the oppressed and defends those who are made victims by governments and their agencies.  We believe this is why so many citizens have stepped forward to decry the abuses foisted on so many in the name of ‘justice’ when justice for many remains elusive.  I say this to refute Rep. Menahan’s comment that all the citizens’ complaints are false in his opinion.  They are very real and they will not stop until our government hears us and responds to our right for accountability within our government.

We believe your decision to deny Mr. Kinlock his well-earned freedom is cruel and unjust.  Mr. Kinlock needs medical treatment the DOC has been denying him for years, (these records are available here) so releasing him now would make it possible for us to pursue treatment on our own so he can maintain his ability to function in life without becoming permanently disabled, which would certainly be a liability to achieving a successful re-entry to a society he has lost all experience with over the years.

My husband, Mr. Kinlock, and I are requesting that you agree to see him again ASAP and reverse your decision, based on the clear evidence of his rehabilitation, and recommendations of prison staff, which includes Warden Mahoney’s strong recommendations for parole.  Please consider as well Mr. Kinlock’s long record of mentoring those he lives around, documented over a decade ago by 13 members of the prison staff who considered him the ‘ideal inmate.’

Respectfully,

Joy Wellington and Clive W. Kinlock

________________________________________________________________

A Personal Appeal from Clive W. Kinlock

To The Director of the BOPP

Re: Clive W. Kinlock AO# 32704

Dear Director Fern Osler,

I am writing you in the hope of being seen again right away regarding my parole.  It is my belief that if you understood me and all I have truly and sincerely accomplished over the years of my incarceration your concerns would be alleviated regarding my performance upon release.

I felt confused when Mr. Mahoney related to me his conversation with a Board member when he recently spoke for my release based on his knowledge of me and my conduct over the years.  He said you did not believe I was remorseful for committing my crime and feared I would re-offend in the same manner again if released. My confusion was because I was not able to assure you of my rehabilitation at my 2009 hearing because I was not asked any questions by the Board.   In fact, the decision seemed pre-determined days before my hearing date.  When I requested to view my file I noticed there were none of the staff recommendations in the file, or certificates of accomplishment present. Mr. Mahoney advised me to request to be seen again and that I needed to share with the Board my honest and sincere commitment to live my life as the changed man I am today.  He also said he is willing to give me his letter of support if needed.

For the record, there has never been a day in the last 20 years since I committed my crime that I have not been ashamed of and remorseful for my actions that night.  I am not the same person I was then.  I have given my life to the Lord Jesus Christ, baptized into His holy Name, and have received His forgiveness.  It is my constant prayer that my victim and her family will one day be able to find forgiveness for my actions as well.

The life I was living before committing the crime that lead me to prison was full of confusion, and alienation from myself and reality.  I had been on my own from a very young age and did not have good role models in my life to guide me.  One of the reasons I came to Montana was to find a better life for myself and my family but I did not have the inner disciplines to leave behind completely the life I was trying to escape.  The habit of self-medicating with drugs and alcohol resurfaced when the stresses of life were more than I could handle with my limited skills, creating a criminal frame of mind that led to my acting irrationally and criminally that night.

There is not a day that has passed that I do not struggle with the hurt I still feel for having caused my victim harm, and wishing I could go back to that night and make the choice to not use drugs and alcohol.  In a sober state of mind, my impulsive behavior would never have happened.  Because of this I have made a commitment to never again touch drugs or alcohol, or conduct myself in any way to ever create another victim.  Today I am determined to help people who are victims of crimes, who are homeless, or in need of a hand up.  I have also consistently donated to ‘Safe Space’ in Butte, MT for the last 17 years.  I am also respectful of the truth that my body will never be able to handle alcohol on even a casual basis so I am committed to sobriety in every aspect of my life.  Thankfully I now have a wonderful wife as well as the Lord Jesus Christ to hold me accountable to my convictions and commitment.

Please know that I have committed myself to a standard of behavior that will allow me to be a role model to anyone who knows me, as an authentic follower of Jesus Christ.  I see myself as a mentor and have chosen to be this for inmates who seek me out, encouraging them to take responsibility for their lives and circumstances.   I am asking the Board to give me another chance so I can be reunited with my children and now grandchildren, as well as join my wife in serving the Lord in whatever capacity He calls us to serve in whatever community.  We will have a lot of challenges ahead of us finding our way in my native culture, and that won’t get any easier the older I get.  I also need serious medical intervention to keep from becoming disabled.  Once I am released we could begin that process as well.

If successful re-entry back into society is the goal of the Board, then I pray that you will re-evaluate your stance regarding me and grant my parole.

Sincerely,

Clive W. Kinlock

I have been incarcerated at Montana State Prison since 1992, I was also denied parole in 2009 after proving my worthiness by over 8 years clear conduct and being treatment complete at the time.  I am under a deportation order to go back to my home in Jamaica, and would like very much to move on in my life. I am in need of medical attention the DOC is denying me and I hope to be able to recover once I am out of prison and get the treatment I need on my own.

Thank you to anyone called by the Lord to assist me in gaining my freedom. You can find all of my contact information here. I would be happy to place advertisements for your law firm on this website as a token of my gratitude. We have been able to reach out to many people through this blog.

Sincerely,

Clive W. Kinlock

Life Without Hope?

Is it possible to thrive without hope? Many would agree that hope is a viable premise needed for living a productive life, yet this is what the prison system in Montana denies those it incarcerates.  Instead of a place where people can gain a perspective on their moral condition and be offered stimulus for change, the current system has become a means of exploitation, a money making scheme designed to promote big business.  The infrastructure has become so huge that there appears to be a vested interest in keeping this abusive system bloated and immune to accountability.  The real prison story in this state is being revealed, thankfully, through the internet: www.montanacorruption.org;  www.kcrw.com/news/programs/tp/tp120601plea_bargaining

The truth is, there are many miscarriages of justice in Montana’s prisons, not only the high profile cases, but many others who were coerced into taking plea bargains that did not reflect the nature of the crime.  There is racial profiling in our courts; there are inept attorneys who do not take their job seriously; and there are public defenders that collaborate with prosecutors and judges to promote their own agenda instead of fairly representing the client.  Going before the BOPP means nothing for those who have served their time with integrity.  The parole system is so flawed that many choose to serve out their whole term and avoid the corrupt BOPP system all together. Our justice system does not know how to own their mistakes nor do they make any effort to correct them when they occur.  Citizens of Montana take notice – the prison system is hungry for more bodies-you could be next!

Prison Alternatives

Prisons for profit are run much like an animal shelter would be. Costs are kept to a minimum by only providing for the very basic food needs of the inmates, and health care costs are kept to a minimum by neglecting inmates medical needs to the point of inhumane treatment. This keeps the shareholders happy as expenses are minimized and profits are made by the company. Montana has been known to torture inmates by medical neglect and other means.

So what are the alternatives to this dead end treatment of our prison inmates? Can we rehabilitate people with neglect and torture? There must be another way! We have compiled a few lists of articles regarding alternative and humane prison concepts that are being implemented around the world in an attempt to find a more balanced approach to punishment and rehabilitation.

Alternative and Humane Prisons Link Library

If you would like to share additional articles regarding prison alternatives to be posted in these libraries please email us: clivew2020@gmail.com

I am writing on behalf of my fellow inmates, men and women.  After reading the article written by Ms. Terri Braun Wetzel of MWP published by Connections, I was prompted to share my experience regarding parole board concerns.  Montana needs an independent advisory screening committee to oversee all BOPP actions.  It is only then that they will be accountable to inmates and their families.  I have had the same experience when requesting to review my parole file.  Inmates should know and beware that the file at the prison is not the same file in front of the BOPP.  In many cases like mine, letters of recommendations are missing, certificates of completions are missing or never added by prison personal, and secret written reports are added without the inmate’s knowledge.  Years before my first parole was scheduled in 2007, I requested to review my parole file because I suspected certain staff who had antagonized me were telling administration that I was the ‘Black’s shot caller’ on the yard .  I was told by a staff who respected me to check and make sure it did not surface into my BOPP file.  That request was denied by Craig Thomas.   MSP prison staff often submit reports to the BOPP ‘FYI’ without the inmate’s knowledge.   These reports hurt our chances of being paroled.  In many cases such as mine, decisions to deny parole is determined before an inmate is even taken before the Board.  The date of the decision in my case was made 5 days before my hearing date.

Because the law grants me this privilege, I made another request to review my file after my parole was denied in March 2009.  On April 30, 2009 I was called up to review my parole file and I was sick to discover a report submitted against me with my signature on it. It was created by my then unit managers who had practiced retaliation against me for refusing to be a tale bearer.  They called me into their office one day asking me to sign a blank sheet of paper.  I didn’t want to and wanted to know why but they insisted it was for some routine thing they needed.  Reluctantly I complied only to learn they later created a report alleging ‘prior wrongs’ I was never charged with nor found guilty of.  However, the BOPP used it against me anyway when I asked them to consider me for early release after their denial. Craig Thomas wrote back to say that wasn’t a factor and that the BOPP knew what a conviction was verses alleged charges.  But when I asked the BOPP to send me copies of this ‘prior wrong’, the BOPP response was: ‘that report is noted in the P.S.I. part of the official record.  This proved to me that the BOPP did in fact consider the ‘prior wrong’ in denying me parole, which was based on allegations which were false and never tried or proven in a court of law.

The file also included the pre-sentencing investigation documents and photos, but none of the many letters of recommendation from staff and others.  Missing also were my many certificates of accomplishment from over the years.  I also found a psychological evaluation that twisted my wording out of context, and an impact statement from my victim’s lawyer who had threatened me 10 years earlier.   He had said that if I didn’t send him my insurance carrier’s information he would ask the BOPP to keep me until I discharge.  If I complied with his request he said he would ask the BOPP to consider granting me parole. They flat out refused to produce a copy of the victim’s lawyer’s impact statement.  They simply sighted per 46.23.110 for denying me this and other documents I had requested, saying they were not able to locate them.

After being given 30 minutes to view my file, I was rushed off.  I requested copies of several documents in order to have someone review them.  The BOPP sent me a few of those documents, but all the ones I had found disturbing and that would hurt my chances of getting a fair BOPP hearing, were denied me.

Another truth I discovered is that the prison had originally added a point to my reclassification evaluation that kept my custody level higher for several years.  I explained it to a staff after discovering this in my parole file the BOPP had.  That point was finally dropped last year in 2011.

In 2011 I again requested to see my parole file because of certain concerns occurring at MSP I had been documenting.  This request was denied even though I explained that I needed certain documents in order to sue the BOPP for my release, which they denied me of in violation of their own rules.  Three times they denied my request stating that I could view it when it got closer to my parole date.  I have since placed a request for early consideration of a parole date since their denial of me was not valid.  However, all my efforts have been rejected.

I urge all inmates, men and women, to find the MCA that compels the BOPP to allow all inmates to view their files long before they come up for parole.  There is a form you can file at your local district court that forces the BOPP to grant your request, assuring you the right to review your file – you’ll be glad you did.

Needless to say, there is a complete lack of trust in matters concerning the BOPP since they seem to be a law unto themselves, a law that is antagonistic towards inmates.   We have a responsibility to do our best to hold them accountable.

Clive Wellington Kinlock

CCA

50 Crossroads Dr.

Shelby, MT  50474

My Vows To My Husband

I vow, for the rest of my life,

to love, cherish, and commit to you,

as a reflection of my devotion to Christ.

May He shine His love through us and our union all the

days of our life together and beyond, into eternity.

Since the day our Lord called us together,

our journey has been an enlightenment,

filled with purpose and direction

for wholeness and peace

with each other and our pasts.

You opened my eyes to many truths and realities,

as well as to the cherished qualities

of a faithful man of God

who I am so happy to call ‘husband.’

I stepped out onto your love

and found it solid and stable under me,

supportive, nurturing, protective, committed.

Let us go forth as one and produce much fruit

for the Kingdom of God. (Isaiah 26:12)

Lord, You will ordain peace for us, for You have also

wrought in us and for us, all our works.

If I searched the world over

I could not have found what I have with you, -

my soul mate!

My Vows To My Wife

Lord, although I may not understand the path You’ve laid for me, complete surrender to Your will is my prayer, now and forever.  This moment reminds me of two great truths:

1).   God’s great love for us expressed in the sacrifice of Jesus, and

2).  God’s desire that we find life’s greatest joy and transformation in our marriage and in relationship with Him, together as one.  Today, I am the happiest man alive.

In my heart, for all my life, I have been searching for someone who can love me completely and help me turn my life around.  Someone who could make me feel alive and worthy inside, and sold out for Christ.  I found that person in you.  You’ve loved me for who I have become as a man, your man.  I believe within all of our lives we get a chance to have one best friend, one soul mate, one person that you would put before yourself – one best kiss, one best dance, and a spiritual partner.

Joy, you are all my ‘one best chances’ and I adore you.  I respect you;

I understand you; I appreciate you; I loved you the moment I laid eyes on you;   I fell in love with the God in you.  You have taught me unconditional love, and when I think of you, I am enlightened to my core.  I’ve prayed to the Lord to teach me how to love you like you’ve never been loved before.

When I think about the rest of my life, you are by my side in all things.  You are the most beautiful woman I have ever had the pleasure of being with.  And you are definitely the most wonderful human being I have ever met.  With you, hand-in-hand, I am no longer afraid of what this world gives me, and I feel the song lyrics: -  ‘I know I won’t last a day without you’.  I will honor you and cherish you, with Christ’s love forever.  You are my life, I love you!

Links to our previous articles about Mr. Kinlock’s Medical Neglect:

Montana’s Neglect of Prisoners Medical Needs is Torture

Update on Clive’s Medical Needs – Racism in Prison Administration Culture

Thank you for your continued support of Mr. Kinlock’s fair treatment by contacting these people in protest for the chronic condition of Mr. Kinlock’s medical neglect:

Governor Brian D. Schweitzer
Office of the Governor
Montana State Capitol Bldg.
P.O. Box 200801
Helena MT 59620-0801
(406) 444-3111, FAX (406) 444-5529
BrianSchweitzer@mt.gov

Lieutenant Governor John Bohlinger
Office of the Lt. Governor
Montana State Capitol Bldg.
PO Box 200801
Helena, MT 59620-1901
(406) 444-3111, FAX (406) 444-4648
jbohlinger@mt.gov

Director Mike Ferriter: (406) 444-3930
momholt-mason@mt.gov

Members of the Law and Justice Committee
http://leg.mt.gov/css/committees/interim/2011-2012/Law-and-Justice

Back to HOMEPAGE

The first single released to YouTube from the album “Whats Love Got To Do With This?” is track 14 – Jah Will, check out the full album in audio format below:

Download here: c’nyce – whats love got to do with this

Or stream the album here:

More albums coming soon, for information regarding the C’NYCE music project check out our archive page here.

UPDATE: Clive’s Medical Evaluation, Knees

Wouldn’t this actually be considered a form of torture, being forced to endure continuous pain and deterioration with a treatable condition, yet being unable to do anything to alleviate the problem through medical intervention as anyone outside prison would certainly do?  The DOC has no problem using every conceivable tactic to make money off inmates and their families yet slack in their responsibility to adequately take care of their human ‘property’.  Most pet owners or ranchers would not ignore treatment for their ‘property’ so why is it OK with Montana’s to endorse such blatant disrespect for people?

Yet, there are other disturbing situations where the color of one’s skin means discrimination in the Montana DOC/MSP, such as being the only one selected from out of a room full of inmates for a strip search during an Ultreya worship meeting, or by being selected out of the yard with other inmates of color for a strip search while listening to music together, while all others doing the same thing are ignored.  Complaints about such abuse go ignored within the system as they pass the grievance from one department to another until the statute of limitations is in effect, or they change the rules mid-stream so nothing you have to say goes anywhere.

So, we continue to seek your assistance, with thanksgiving, in promoting medical treatment for Clive Kinlock’s knees, and for your diligence and support coming from many places around the world.

While it is true that Mr. Kinlock committed a crime, it is not true that he committed the act of rape. However he was coerced into taking the guilty plea and sentenced to 40 years. DNA evidence supports his innocence of this charge. His Public Defender knew he had not committed this offense, yet she persistently and aggressively persuaded Mr. Kinlock to accept the plea that labeled him a sex offender in this country for life. At the time, what they attempted to charge him with couldn’t withstand the facts of the incident so they kept changing it, settling finally on the three listed in the plea, which included a rape the victim was never treated for! This charge was apparently needed on their part in order to get the conviction they wanted – a life sentence.

While negotiating the plea, Mr. Kinlock’s public defender Julie Macek, diligently and persistently attempted to convince him that as a black man he had no chance of succeeding with a trial in a white community where he would have an all-white jury. She insisted the rape charge wouldn’t matter since he was going to be deported, and that he wouldn’t be sent to prison for very long due to over-crowding in the prisons. She would recommend 5 years at the most and anything he didn’t like they would appeal., – a promise she did not intend to keep!

At first Mr. Kinlock was convinced but after more consideration, said he just couldn’t go along with a rape that he was not guilty of nor would ever commit. He then ripped up the signature page and threw it away, ending the negotiations, assuming he would then be notified about a trial date. See Mr. Kinlock’s personal statement of plea negotiations.

The unconscionable act of retrieving this torn up page, taping it together and filing it without Mr. Kinlock’s knowledge, can in no stretch of the imagination suggest justice. See the Plea Agreement (note the last page has been damaged and repaired.) Nor can Judge McKittrick’s decision to ignore the plea and its stipulations in order to sentence Mr. Kinlock according to his stated prejudices – that he believes Mr. Kinlock capable of murder, and demeaning him as a human being in his court. He refused to consider this was Mr. Kinlock’s first felony offense, and a parent with 3 children.

This judge has made no effort to learn anything about Mr. Kinlock, nor taken any notice of his diligence in rehabilitating himself. Yet every attempt Mr. Kinlock has made to rectify the injustice has met with continual denial in his court. This statement, composed in the late 90’s, was written by correctional officers as a recommendation that Mr. Kinlock was indeed rehabilitated. However the BOPP seems to be in collaboration with Judge McKittrick in that they too refuse to see Mr. Kinlock for the person he is and has become, denying him parole for an excessive 8 years in spite of over a decade of clear conduct and having met all court requirements. Mr. Kinlock and his family believe he has more than adequately paid his debt to Montana for the crime he did do and that any further punishment is cruel and unusual. Please consider lending your support for Mr. Kinlock’s release back to his family.

My name is Clive W. Kinlock and I hope to share my story with you for the purpose of your advocating for me in whatever way you deem fit.

It is hard to believe that in this time and age, a black foreigner can get you 40 years for a crime that can be proven you did not commit.   # No. BDC-91-205.  I was charged on November 13,, 1991 with 1 count of attempted deliberate homicide, a felony 45-5–101 and 45-4-103 MCA by then Deputy Attorney Fanning.  Shortly after I was assigned public defenders who immediately told me they believed that I was innocent of the rape charge.  Even so, they approached me several times about accepting a plea bargain from county Attorney Fanning’s office.  I’d never heard of a plea bargain before.  My public defenders made me aware that I was facing robbery charges which carried 100 years and aggravated assault which carried 50 years, and a sexual intent without consent that also carried 100 years.  They said that since I was black and my victim a local white woman, no one on the jury would believe a huge black man like me and I would be a fool to take it to trial and cost the county a lot of money they would just throw back at me.

I refused the first attempt at their plea bargain but they came back with many other plea deals which I rejected.  They finally showed up with a plea bargain with only 3 charges included but I was concerned about the rape charge they somehow stuck me with.  I kept pleading with the public defenders assigned to me that I was uncomfortable with that rape charge since I did not have sex with the victim.  They told me, “We believe you Clive, but she also had bite marks.”  I told them I only bit her during the struggle for the knife she was attempting to stab me with.  It was a defensive thing.  Still, it looks bad, they said, since she is a white girl and you are black – they won’t believe you.  So I signed it but as we talked, the conversation changed.   Julie Macek started saying to me, “ I am not sure if they will accept this – it’s a long shot Clive, but I’ll ask that you be deported.” I said, “I am no rapist Julie!”  She said, “We’ll see what happens.”    So I reached for the plea bargain and ripped up the signature page sitting on the table.  As I walked out of the sheriff’s Cascade County holding attorney room I shouted out, “I am no rapist.  I love, women, children and animals and am going to trial.”  Julie Macek’s last words as I left was that I wouldn’t win if I went to trial and that I was making a big mistake.  The last thing I saw was her picking up the pieces I’d torn up.

I learned what she had done when taken for sentencing, that Julie Macek had taped up the torn signature page and submitted the plea bargain behind my back. She met me for my change of plea/sentencing, telling me that I would be on my own if I did not go along with this plea bargain.  She said that she and her team were the only ones who cared about me and believed me and would ask for 5 years under the plea bargain.  If I did not do this they would walk away from my case and I would never get out of prison.  Ms. Macek then promised me that Mr. Fanning was going to go along with her sentencing recommendations and she would appeal anything the judge did wrong.  She also told me not to worry about the rape charge as it was not a big deal.  I would get out of prison and back in Jamaica in less than 5 years – just go along with her, trust her – she cared about me.

It is easy to be persuaded when you are frightened and being told so many lies.  Yet the truth was, the public defenders knew all along that the victim’s rape kit was negative for sexual intercourse, and that she had not been treated for any rape related injuries.   I believe their real agenda was furthering their own careers, considering my life as irrelevant to justifying their ambitions.  They certainly weren’t interested in the truth or representing my best interests. This was further demonstrated when Judge McKittrick set aside the plea bargain and sentenced me according to his own guidelines, demeaning me as a human being in his court, and sentenced me to a total of 70 years, eligible for parole only after 30 years, which the Supreme Court thankfully overruled, making me parole eligible after 17 ½  years.  Even so the BOPP seems to be supporting Judge McKittrick’s original ruling by denying me parole in 2009 for 8 more years, even though I had almost a decade of clear conduct at the time and was treatment complete.  Immediately after sentencing, my public defenders dropped me and no appeals were possible with their help, another lie exposed.  They too had apparently gotten what they wanted.

Also in an effort to spread the word about Clive’s story and his music, Citizens For Clive is now on Google+, please add us to your circles to keep up on the latest updates and information from the Citizens For Clive team. Be the first to know when the Best of C’NYCE download is released!

Click for info on Knee health

‘ My knees need to be scoped due to fluid build-up, bone spurs, knees joints locking up, grinding, and baker cysts. I also have torn meniscus in both knees. Due to lack of treatment I now suffer from arthritis in both knees.’

The International Covenant on Civil and Political Rights, Article 10, Section 1, states this regarding the treatment of prisoners:  “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

UPDATE: Clive’s Medical Evaluation, Knees

Allowing a human being’s health to deteriorate until that human is crippled is a direct violation of the inherent dignity of the human person, and should not be tolerated.

The supposed “cost savings” had by the prison system by not treating inmate’s medical issues are passed on to society later as an even larger debt. Inmates being released back into society may find themselves crippled or disabled due to their inhumane treatment, severely limiting their ability to find gainful employment. These people find themselves having to rely on social safety net programs just to survive, and that still does not address the medical issues! Despite the fact a hospital may treat them they may never be able to pay the bill, and those losses get absorbed by all of us as increased health care costs across the board.

Click for info about National Occupy in Support of Prisoners Day: Feb 20th

Neglect by the state has caused Clive’s condition to worsen to the point he is becoming disabled. In fact, the State has declared that until he is no longer able to walk, treatment will be denied. How is this supposed to help him adjust to life once he is released? Since the state seems to have such disregard for its ‘property’ we are appealing to the citizens of the world to advocate for this much needed and humane treatment. If a state, a country, insists on cannibalizing people for profit, they need to be held accountable for necessary medical treatment that could prevent a condition from becoming chronic or permanent, as in the case of Mr. Clive Kinlock, and many, many others.

Please help by contacting these people in protest for the chronic condition of Mr. Kinlock’s medical neglect:

Governor Brian D. Schweitzer
Office of the Governor
Montana State Capitol Bldg.
P.O. Box 200801
Helena MT 59620-0801
(406) 444-3111, FAX (406) 444-5529
BrianSchweitzer@mt.gov

Lieutenant Governor John Bohlinger
Office of the Lt. Governor
Montana State Capitol Bldg.
PO Box 200801
Helena, MT 59620-1901
(406) 444-3111, FAX (406) 444-4648
jbohlinger@mt.gov

Director Mike Ferriter: (406) 444-3930
momholt-mason@mt.gov

Members of the Law and Justice Committee
http://leg.mt.gov/css/committees/interim/2011-2012/Law-and-Justice

Back to HOMEPAGE

“I was interested to learn that the Australian Human Rights Commission has recently stated that the system of criminal appeals in Australia does not comply with international human rights obligations.

Under the existing system, once a person has been convicted of a serious criminal offence, and has had an unsuccessful appeal, there is thereafter no legal means by which the correctness of the verdict can be further considered.

If, for example, compelling evidence emerges that the person is in fact innocent, after the appeal has been heard, there is no legal process by which that evidence can be brought before a court. The appeal court says it cannot reopen an appeal. The High Court says that it cannot hear the fresh evidence. The Petition procedure by which the state Attorney-General can refer the matter to the court is said to be entirely discretionary and gives rise to no legal rights to be heard or even to a fair reading of the Petition.

As the HRC said in its submission to a South Australian parliamentary committee:

The Commission is concerned that the current systems of criminal appeals in Australia, including in South Australia, may not adequately meet Australia’s obligations under the ICCPR [The International Covenant on Civil and Political Rights] in relation to the procedural aspects of the right to a fair trial. More particularly, the Commission has concerns that the current system of criminal appeals does not provide an adequate process for a person who has been wrongfully convicted or who has been the subject of a gross miscarriage of justice to challenge their conviction. [http://netk.net.au/CCRC/AHRCSubmission.pdf]

Through books and numerous television programs it has been established that there are a substantial number of wrongful convictions which have occurred in South Australia. [Links to the books, articles and programs can be found at the Networked Knowledge web site at http://netk.net.au] In particular, the LexisNexis articles listed there (each 4pp) explain the basis to the problem cases which are not being referred and the procedural difficulties and human rights issues involved.

Probably, because there are so many of them, the current and former attorney-generals refuse to refer any of those cases back to the courts for review. It is this situation which the Human Rights Commission has stated to be inconsistent with the obligations under the international human rights treaties, in particular the right to a fair trial, the right to an effective remedy for a breach of a treaty provision, and the right to challenge a wrongful conviction in a court. It is also a fundamental breach of the “rule of law” incorporated into Australia’s domestic law by Australia’s High Court.

It is surely an intolerable situation for governments both state and federal in Australia to stand idly by and allow such injustices to continue. The Federal Attorney-General is responsible for ensuring compliance with international obligations. The State Attorney-General is responsible for maintaining the integrity of the state’s criminal justice system.

Under the ICCPR, all citizens of Australia have a duty to ensure compliance with international obligations.”

The International Covenant on Civil and Political Rights is the world’s main human rights treaty. As you can see from this map, a large majority of countries in the world have accepted and ratified this treaty (some have signed the treaty but have yet failed to ratify it), which means that they are bound by the rules that it contains. So-called “states-parties” have a legal obligation to respect the human rights mentioned in this treaty. The treaty (or ”covenant”) is, unlike the Universal Declaration which is its origin, a piece of law, and part of the international system of law. See also this post on what is called the normative universality of human rights.

For further information you are invited to contact Dr. Bob Moles bobmoles@iprimus.com.au and be sure to visit his website, Networked Knowledge.

Click to buy Lockdown America on amazon.com

America has the smallest welfare state and the largest prison population of any Western industrial nation. This relationship is hardly accidental according to the logic outlined by Christian Parenti in “Lockdown America: Police and Prisons in the Age of Crises.”

While he acknowledges and builds upon Dan Baum’s documentation in “Smoke and Mirrors” that Nixon launched the war on drugs for partisan political motives, Parenti argues that the massive surge in imprisonment began in earnest a decade later, following a much deeper logic. Read the full review here…

-Clive W. Kinlock

You can view a PDF of the documents here:

Notice Of Appeal 1-23-12

Notice Of Appearance 1-26-12

Click an image to enlarge to full size

November 15^th, 2011, I was transferred to Cascade County Regional Prison after several grievances were filed, mostly due to being racially targeted as a couple during my visits.

Cascade County Regional Prison

My fiancé` and I both documented this abusive treatment from visiting staff every time it occurred, understanding that retaliation would be forthcoming, because that is typical behavior at this institution.  Joy chose to speak out to the Law & Justice Committee regarding our constant harassment as a bi-racial couple in the MSP visiting room while I grieved the issues and concerns through the grievance process within the prison. Even so, prison officials failed to hold Command Post and Visiting Room staff accountable for their disrespectful and abusive behavior towards us, even though we were careful to follow all of their ever changing and increasingly oppressive rules. We noticed that certain other inmates and their visiting families were sometimes targeted as well, in spite of numerous complaints.

I also believe that this transfer was MSP’s attempt to get rid of me because of my neglected medical needs documented by several doctors over a period of 12 years. My knees need to be scoped due to  fluid build-up, bone spurs, knees joints locking up, grinding, and baker cists.  I also have torn meniscus in both knees. Due to lack of treatment I now have a severe case of arthritis in both knees. My right shoulder has a rotator cuff injury that I have been denied medical treatment for as well.

Crossroads Correctional Facility, Shelby, MT

Seven weeks after the illegal transfer to CCRP I was transferred yet again to Shelby Regional Prison on January 10^th, 2012. My conduct was perfect during my stay at CCRP, and this second transfer has my loved ones and I puzzled. It seems they have created the greatest hardship possible for my fiancé` to be able to visit me.

No one has held the MSP Command Post and Administration accountable for their racially motivated actions and harassment of inmates and their families.   They have exercised this behavior for many years. MSP Administration turns a blind eye to the systematic abuse people suffer at the hands of arrogant and immature staff. Sadly, when prison staff targets an inmate or a visitor for abusive treatment, they do not stop until they succeed in creating a problem for them, such as instigating a write up, threaten a lock-up, or suspending a visit on a bogus accusation, getting transferred, having mail withheld, or other harassments.

While I sincerely believe that in typical fashion MSP administration intended to create a negative situation for me and my fiancé`, it has turned out to be a blessing I feel grateful about. After 20 years at MSP, enduring the oppressive atmosphere and racially motivated behavior by many staff, it has been refreshing to experience the professional and respectful treatment by staff at both CCRP and CCA.

Stay tuned because God is working on my behalf. If God be for us, who can be against us, as Romans 8:28 reminds us that God uses everything for good to those who love Him. And I do!!

-Clive W. Kinlock

Learn more about Clive W. Kinlock or browse the Document Archive. Subscribe to the RSS Feed to stay updated with Clive’s continuing fight for justice.

Mr. Kinlock recently received a response from the courts regarding his petition stating that his motion for counsel had been granted. This new development may be a step in the right direction in a case long overdue to have some light shed on it. Appointment Of Counsel is Granted (SC# DA-11-0639) (PDF)

Clive wishes to thank all the folks who continue to follow his journey and show their support. Remember you can subscribe to the Citizens for Clive RSS feed to be informed of the latest posts here on the blog, and you can always contact Clive by email or snail mail.

With more than 2.3 million people locked up, the U.S. has the highest incarceration rate in the world. One out of 100 American adults is behind bars – while a stunning one out of 32 is on probation, parole or in prison. This reliance on mass incarceration has created a thriving prison economy. The states and the federal government spend about $74 billion a year on corrections, and nearly 800,000 people work in the industry.

Newest development in Clive Kinlock’s journey

About one week after documenting the staff abuse foisted on Clive, he was given a transfer slip just after completing his job cleaning showers in his unit, around midnight, Nov 15.  It appeared that the order the federal judge stamped in his file saying he was not to be transferred until ready to be deported, was ‘missing’.   So at 5 AM on Tuesday the 15^th, Clive and a couple others were given orange jump suits to wear and tightly shackled, then loaded in a caged van.  They had no t-shirts on nor were they given coats even though the temps were below freezing, nor was the van heated.  They were shackled so tightly that soon they had no feeling in their hands and feet and their arms and legs began to swell.  A bag of food was thrown onto the floor of the van but their hands were so numb and painfully swollen some couldn’t even pick up the food.

During the journey to Great Falls, where Clive was to be dropped off, the drivers drove in such a frightening and careless manner he feared they would not reach their destination.  While some of the slipping and sliding on the road was due to snow and ice, he felt some was a deliberate attempt to throw them around in the back of the van.  By the time they reached his drop off destination, his mouth was sore and bleeding from his teeth chattering from the cold and if the guards hadn’t caught him he would have fallen getting out of the van from having no feeling left in his feet.  In spite of his own misery, he asked the guards to loosen the cuffs on one the other inmates whose hands were turning purple and who was being taken on further.

Extreme exposure to cold can cause frostbite, especially when the blood flow to the limbs is restricted by overtightened shackles. Was the State of Montana trying to torture or injure these inmates? Why would they treat these human beings worse than most people treat their dog? These people have already been handed down a sentence by the due process of law, the guards responsible for this are engaged in torture of inmates and should be fired and prosecuted.

Members of the Law and Justice Committee

November 20, 2011

Re: Clive Kinlock Parole Hearing

To Whom It May Concern:

This letter is to express concerns about (#32704 Clive Kinlock) Parole Hearing. A parole hearing was held on March 31, 2009 at Montana State Prison. It seems that the Parole Board did not have a thorough review of his case. It was obvious that they didn’t read his case file as they swiftly rummage through the files during the hearing. Subsequently, they opted to deny parole and decided to do another review 8 years from the above date (March 31, 2009). One member of the Board touted under her breath, “that is an awful long time,” as she received the stare from the other.

I have been to many of these proceeding before working with court-adjudicated youth in NYSDFY and I have never seen this type of offensive treatment towards inmates by the Parole Board. When you have prison guards and Parole Board members jovial through the process then it become a circus not a hearing. The only thing that was missing from these proceeding was a kangaroo.

The Parole Board was not interested in all the years my brother Mr. Clive Kinlock spent in prison, or his accomplishment during this time. It was evident that they didn’t read the case file because they would have seen the several miscarriages of justice.

How can a man serve 18 years in prison, when the state coerced him into a plea-bargain. Then renege on their part to deport Mr. Kinlock 18 year ago. A major injustice was done to Mr. Kinlock, to declare him ineligible for Parole for the first (30) Thirty Years of his sentence. Then on top of that, my brother Clive received an additional (10) ten year sentence for the use of a weapon in his crime that was never recovered. My brother then appealed to the sentence review Board who lifted his ineligibility for Parole date from (30) thirty years to (17 1/2) seventeen and a half years. His sentence was and still is illegal and shows good cause for Double jeopardy. Furthermore, Mr. Kinlock has seen inmates get out on homicide charges after only 10-Years, whom are of the Parole Boards origin and race, it’s hard to accept that (8) Years can be honestly justified to review his case when so much time has already passed.

Therefore, this letter is to bring light to the sham of a hearing for Clive Kinlock. It appears that another review of this case is warranted by a professional Board with appropriate credentials. I felt that they were vile in the entire proceeding which defeated the purpose. Additionally, we wanted to bring this case to the Member of the Law and Justice Committee attention for examination.

I would appreciate some feedback on your thoughts regarding the Clive Kinlock #32704 Parole Hearing. This would give us clarity regarding future direction needed in this matter. Thank you in advance for your attention to this matter.

Sincerely,

Andrew Kinlock Ed.D.

“The West Memphis 3, Damien Echols, Jessie Misskelley and Jason Baldwin, have been freed from prison after 18 years. They agreed to plead guilty via Alford pleas, under which they acknowledge the state has sufficient evidence to prove their guilt beyond a reasonable doubt, but they do not admit they committed the crimes and can maintain their innocence. Why the Alford pleas? So they can’t sue the state for their wrongful conviction and confinement…” Read the full article here

To all who are willing to hear and make a difference:

We can all agree that the idea of prison is meant to bring ‘correction’ to errants who have lost their way in a society that demands accountability to rule of law.  In other words – rehabilitation and restoration, since many of us who are incarcerated will be returning to our communities.  An honest look into the policies and practices being implemented by the Montana DOC will reveal a very different agenda to any who takes the time to investigate.  Please take time to consider these concerns we are presenting to you, the public, in order to make a difference. Read the full document here

by Michelle Alexander

“The audience has heard the facts: Our prison population quintupled in a few short decades for reasons that have stunningly little to do with crime or crime rates. Incarceration rates—especially black incarceration rates—have soared regardless of whether crime was going up or down in any given community or the nation as a whole. Mass incarceration has been driven primarily by politics—racial politics—not crime. As part of a backlash against the Civil Rights Movement, our nation declared a “War on Drugs” that has turned back the clock on racial progress in the United States. Although people of color are no more likely to use or sell illegal drugs than whites, African Americans have been targeted at grossly disproportionate rates. When the War on Drugs escalated in the mid-1980s, prison admissions for African Americans skyrocketed, nearly quadrupling in three years, then increasing steadily to a level in 2000 more than 26 times the level in 1983. In some states, 80 to 90 percent of all drug offenders sent to prison have been African American”… Read the full article here

In this document the State responds to the Defendants Objections and Motion to Reconsider  while tactfully avoiding the actual Objections: States Response to Defendants Objections

Clive’s response is intelligent and continues to confront the attempt to be discounted and ignored by providing his understanding of the Rules of Appellate Procedure as a pro se litigant: Reply to States Response To Defendants Objection and Motion to Reconsider

Here is the document from the Parole Board which affirms they will not look at his case again until 2017, as stated in the above documents: Parole Board denies Clive Kinlock until 2017

I hereby propose that the boards March 2009 decision to deny me parole based soley upon an distorted and unsubstatiated version of events in relation to the nature/severity of offenses without more is in fact a clear violation of the statutory language and intent of MCA 46-23-202.

For the foregoing reasons I ask that the board set this matter for re-hearing.

Sincerely: Clive Wellington Kinlock”

Read the entire document here as a PDF: Formal Request For Parole Re-Hearing

The Judge ignored Clive’s petition for nearly 6 years in violation of the court’ own rules. The following documents are the courts response to the petition after continued pressure:

The dismissal:

Petition Dismissed

 Document filed by the Cascade County Attorney:

Notice To Court

Here is Clive Kinlock’s response to the dismissal and notice:

Objections and Motion to Reconsider

Private prison companies invest millions in elections.

By: Silja J.A. Talvi

Published at: In These Times

“Supposedly, states turn to private companies to cope better with chronic overcrowding and for low-cost management. However, a closer look suggests a different rationale. A recent report from the Montana-based Institute on Money in State Politics reveals that during the 2002 and 2004 election cycles, private prison companies, directors, executives and lobbyists gave $3.3 million to candidates and state political parties across 44 states.”

Read the full article here: Follow the Prison Money Trail

by Richard Gonzales

NPR

Correction officials in California see San Quentin State Prison, once a notoriously violent place, as a model for reform at a time when the state’s prison system is in crisis. It’s under a U.S. Supreme Court order to reduce its overcrowded facilities and continues to cut rehabilitation programs for lack of money.

Listen to the story here:

Read the full article here NPR: Inside San Quentin, Inmates Go To College

Alarming Facts and Statistics

The Injustice Center website is full of valuable information. The statistics page contains links to studies that reveal the shocking truth behind the justice system.

FrontLine Investigation: The Plea

Nearly 95 percent of all cases resulting in felony convictions never reach a jury, but instead are settled through plea bargains.  The push to resolve cases through plea bargains jeopardizes the constitutional rights of defendants, who may be pressured to admit their guilt whether they are guilty or not. Those who refuse to “cut a deal” and maintain their innocence, insiders say, are often rewarded with extra-harsh prison sentences.

Click here to see the full page: The Injustice Center: Alarming Facts and Statistics

If you havent heard about the private prison in Hardin, thats because they don’t want you to hear about it. This video should be shocking to any Montana resident.

Criminal InJustice Kos

Wednesday Apr 13, 2011

In the Treasure State, as in every other state, racism is a defining characteristic of the criminal legal system.  Montana incarcerates a disproportionate number of people of color – especially Native peoples.

Though American Indians constitute only about 7 percent of the state population, they are almost 20 percent of male prisoners and just over 27 percent of incarcerated women are Indian. Montana Department of Corrections figures do not include those convicted of felony crimes on Indian reservations; the federal government prosecutes those offenses.

Black people and Latina/os also are overrepresented in Montana’s prisons and jails – which means, of course, that white people are underrepresented.

Read the full article here: Criminal InJustice Kos: State’s Wrongs – Montana Edition

Helena Independent Record

Tuesday, January 11, 2011

Missoula attorney James Park Taylor has resigned from his position on the Montana Public Defender Commission, citing various inadequacies within the institution.

“I think the organization can be fixed,” he said in an interview. “I just don’t think people have the political will to do it.”

The Montana State Bar appointed Taylor to the commission shortly after it was created by the Public Defender Act passed by the Legislature in 2005. Taylor was the first to serve as chairman of the organization.

Complaints from within the state’s system of public defenders led to an American University study that echoed Taylor’s claims: that deficiencies within the institution’s management threatened its future, money and other resources were short, and that employees were unhappy and apt to leave.

Read the full article here: Public defenders commish resigns, rips chief (Helena IR)

Download a PDF of the letter here: Letter to Governor Schweitzer regarding BOPP

Download a PDF of the letter here: Letter to National Action Network regarding BOPP

Download a PDF of the letter here: Letter to USDJ Civil Rights Division regarding BOPP

Download a PDF of the letter here: Letter to BOPP

****Update 5/8/11:****

“Since the Cascade County Court blatantly ignored the first petition in violation of their own rules – for 5 years – this is the updated and researched petition currently sitting in Judge McKittrick’s court awaiting a decision. I have already served a life sentence for a non-homicide crime. As is obvious per this petition, many illegal and unethical prejudices and biases have worked together to deny me justice and the freedom I have earned by all my efforts and God’s grace,to rehabilitate myself. It is my sincere desire and goal that my experience works to bring positive change to a system designed to harm instead of heal.”

-Clive Kinlock

Read the documents here (these are large PDF documents, and may take a moment to download): Response showing cause why case should not be dismissed

Download a PDF of the letter here: Letter of Support from Cindy Lynn Janssen

Download a PDF of the letter here: Letter of Support, Captain Ronya M. Lott-Henderson

Download a PDF of this document here: Letter to Governor 9-25-2009

Download a PDF of this document here: Letter to Governor 6-15-2009

Dr. Robert Moles and Bibi Shanga fight miscarriages of justice in Australia, Canada, and UK: Networked Knowledge

This case was originally filed in January 2006 and since so much time had lapsed, which is a violation of this court’s Rule 17, Clive sent for a copy of his petition in order to review all he had attempted to address. He requested an extension which was granted. He is preparing a more thorough review of the original arguments which will be filed by the extension deadline of May 27, 2011 in Judge McKittrick’s court.

Read the documents here (these are large PDF documents, and may take a moment to download): Petition For Writ of Extraordinary Relief

Read the article here: Are Jamaicans in foreign prisons a forgotten group?

Report of the National Right to Counsel Committee, April 2009

This Report and the work of the National Right to Counsel Committee have been supported by generous contributions from the Open Society Institute and the Wallace Global Fund.

Read the report here (this is a large PDF document and may take a moment to download): Justice Denied – Report of the National Right to Counsel Committee, April 2009

Read the article here: Non-disclosure of the facts at trial could threaten the integrity of our entire system of law and justice

This case was originally filed in January 2006 and since so much time had lapsed, which is a violation of this court’s Rule 17, Clive sent for a copy of his petition in order to review all he had attempted to address. He requested an extension which was granted. He is preparing a more thorough review of the original arguments which will be filed by the extension deadline of May 27, 2011 in Judge McKittrick’s court. At that time this document will be available for review. It will then be quite evident to everyone why Judge McKittrick attempted to ignore and bury this petition.

My involvement in Eric Newhouse’s story came about when he came to the prison to interview inmates for his story on alcoholism in Montana and how it led to being incarcerated at MSP.  I heard about the interview just days before he showed up at the prison.  At the time I had a job working for the chemical dependency department as a psychology tech aid for my then supervisor Bill Martin.  I’d  been taking on-line college courses at the University of Great Falls, studying psychology and sociology.  Because my supervisor liked my overall attitude, he asked if I would be willing to participate in the interview.   The prison apparently needed more money for its alcohol dependency department and at the time it made me feel like I was making a difference, especially since many of the inmates were more open to me than to the staff.

Before I could be interviewed I had to sign a release and I remember asking Eric if could get a copy of his book, “From the Cradle to the Grave,” when it was printed.  He said that he would send my portion of the article for me to look over before it went to the printer.  After the interview was over I was instructed to go to the RAC where my photo was taken.  That was the last I heard from Eric Newhouse.  It wasn’t until some inmates  posted my portion of the story on the prison bulletin board that I learned what he had written about me.  I felt heart-sick and disappointed at the outrageous misrepresentation of my story.  It also concerned me that students would be reading this about me in the classes I was facilitating, compromising my influence with them.  I wrote Eric a couple of times letting him know how disappointed I was at the misquotes and wrong information he had printed about me but I never heard from him or the newspaper.

While it is true that alcohol contributed to my state of mind in the commission of my crime, it certainly wasn’t the main cause.  It is much more complex than that, as my story reveals.  Sadly, Eric Newhouse decided to further the exploitation of my life by exaggerating some of what did happen,  misquoting me in places, stating as facts outright lies, and  misrepresenting other aspects of my crime.  It is obvious that he did not consider my life valuable enough to research the truth.   I can only assume he did this to build his own reputation at my expense, which I believe he will have to answer to someday to Someone Greater than me.

I will now expose  the errors in this story to set the record straight:

1.  Eric states as fact that I was married at the time.  Nowhere would anyone find a marriage record if they bothered to check.  I lived off and on with my children’s mother  but we never married.

2. He states as fact that I brutally attempted to murder my victim by ‘slashing her throat‘.  There was no malicious intent to harm my victim physically.  While she was superficially cut on the side of her neck in the scuffle to get the knife away from her, it hardly constitutes ’slashing her throat’!

3. There was no rape in the commission of this crime, which hospital records certainly prove and which I have always maintained. The victim grossly exaggerated her statements about the crime, which the facts dispute.  None of my statements were acknowledged.

4. I have no idea where the Tribune or Eric Newhouse got the idea that I was in the military.  That was an outright lie.  I was a member of the civil air patrol out of upstate New York for a couple of years but did not participate while living in Montana.  I think they assumed that because I am black I was military affiliated with Malstrom Air Force base.

5. Another fabrication to enhance the article is that I was the meanest convict in the institution.  Maybe he read my write-ups about fights with other inmates who were sadly mistaken in trying  to victimize me when I first came to prison.  A black man coming to an all white prison with an alleged rape conviction was an immediate target.  This means that I had to defend myself to the fullest for the first few years.

6. I never told Eric I battered my wife.  I was asked if I had ever gotten in trouble for assaulting anyone before.   I told him that I had a misdemeanor domestic abuse charge once for shoving a former girl friend which resulted in community service. That is the only issue with that.  I never battered any woman in my life – another deliberate misquote.  He tied that misquote into the reason why I send money periodically to the battered women’s shelter in Butte, ignoring the real reason.  A friend took his own life leaving a wife and kids and this shelter helped them out.  I wanted to give back and do my part since I was never ordered to pay restitution.  It also was  a healing process for me in my sadness over the loss of my friend.

It is my hope that in my attempt to set the record straight by telling my side of the story, those who write stories about other’s lives will take the time to tell the truth, the whole truth, and nothing but the truth, so help them God!

Hebrews 4:13  And not a creature exists that is concealed from His sight, but all things are open and exposed, naked and defenseless to the eyes of Him with Whom we have to do.

The Eric Newhouse article: The Lifeblood of Violent Crime

View a PDF of the document here: Plea agreement

It came down to the victim’s word against Clive’s which the county attorney’s office prejudicially accepted to make a strong case against Mr. Kinlock. Clive’s Public Defender Julie Macek also knew the County Attorney’s office had no evidence of sexual intercourse in the commission of this crime yet included it in the plea bargain in order to get the inflated sentence, then strongly insisted that he take the plea. Such actions refutes any idea that his Public Defender had any intent to honestly represent him, but instead helped to promote this miscarriage of justice against Mr. Kinlock. When Clive complied originally through intimidation, he reconsidered and tore up the signature page of the plea bargain. Julie Macek then taped up this torn document and filed it without his knowledge.

Clive learned of this on the way to sentencing. When Clive objected he was told to comply or she would withdraw as his court appointed attorney. She said that she would recommend deportation and a 5 year sentence to the judge. However, it soon became apparent that the decision was made before Clive ever entered into the court room. Clive and his family believe that the County Attorney’s office, Public Defender’s office and Judge McKittrick chambers were all working together to secure his conviction, denying Mr. Kinlock all due process to a fair trail by his peers.

View a PDF of the evidence documents here.

Download a PDF of the letter here: Letter of Support from staff of Montana State Prison

Download a PDF of the letter here: Letter of support from Robin Ely

Download a PDF of the letter here: Letter of Support from John N Garlinghouse

Download a PDF of the letter here: Letter of Support from Erik Wilkerson