Montgomery Womens Facility

Why you should care about ensuring defendants get a fair trial

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By Kira Fonteneau, Jefferson County Public Defender

On March 18, 1963, in “Gideon v. Wainwright,” the United States Supreme Court recognized that people who are charged with crimes are entitled to legal counsel even if they cannot afford to pay for it themselves. By upholding the constitutional right to an attorney, the Court empowered the justice system as a whole.

Kira Fonteneau, Jefferson County Public Defender c/o Kira Fonteneau
Kira Fonteneau, Jefferson County Public Defender c/o Kira Fonteneau

“Our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law,” declared Justice Hugo Black, an Alabama native, in the court’s opinion. “This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”

Since Gideon, a generation of lawyers and other professionals have worked tirelessly to defend clients who would otherwise be crushed under the weight of the criminal justice system.

As lawyers who represent the poor in Alabama, we know that many people have mixed feelings about the role criminal defense lawyers play in society.  It can be hard for the public to separate an individual from the grievous crimes he is accused of by the government. All too often, that societal distrust of alleged criminals is extended toward the people who defend them. As a result, there is a natural tendency to downplay the importance of providing a quality defense to those who are accused.

Justice is only possible when it is extended to all parties in the criminal system.

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Statement alleging racism and special treatment, rife at Montgomery Women’s Facility

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  • I have seen numerous white women go to Sgt. Jene for bed changes, who had legitimate reasons for the move just to be told No! On these same days i have seen black females go to Sgt. Jene and be moved with absolutely no hesitation.
Statement alleging racism and special treatment, rife at Montgomery Women's Facility
Statement alleging racism and special treatment, rife at Montgomery Women’s Facility
  • When i slept in the SAP area up front Lt. Mason came and made a white girl who had already had permission to have been on the bottom bed move, and told her she had better not see her on a bottom bed again. This girl had been on this bunk through 2 bed rosters and had never been asked to move. She moved off the top to begin with because her top bed win the corner was falling in. This girl did not have a bottom bunk profile, but the very same day Lt. Mason let a black girl move from top to bottom, also in the SAP area who also did not have a bottom bunk profile. All it came down to was the color of skin.
  • Also, when i slept up front in the SAP area before Sgt. Snow became Sgt. and was just an officer, she closed both bathrooms at the same time for cleaning. No one could use the restroom and a bunch of women were waiting. A white girl couldn’t hold herself anymore and went in the big bathroom to use it. When she came out (officer Snow) at the time, Now Sgt Snow actually put her hands on the little white girl and jerked her out of the opening of the door. The white girl demanded to see a Sgt. or Lt. and was not allowed to see one. I’m not sure what happened after this, but officers should not be allowed to put their hands on any of us inmates, we’re people too who are being punished already by being here and the guards try to find any reason to punish us or degrade us more than we already are.

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Alabama prisons to improve treatment of inmates with disabilities

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Maria Morris, managing attorney for the Southern Poverty Law Center, announces a federal lawsuit against the Alabama Department of Corrections alleging that the system violates federal law by ignoring inmates' medical and mental health needs. Morris spoke outside DOC's offices in Montgomery, Ala., on June 17, 2014. Morris was joined by William Van Der Pol Jr., staff attorney for the Alabama Disabilities Advocacy Program, which is also taking part in the lawsuit, alleging discrimination against prisoners with disabilities. (Mike Cason/mcason@al.com)
Maria Morris, managing attorney for the Southern Poverty Law Center, announces a federal lawsuit against the Alabama Department of Corrections alleging that the system violates federal law by ignoring inmates’ medical and mental health needs. Morris spoke outside DOC’s offices in Montgomery, Ala., on June 17, 2014. Morris was joined by William Van Der Pol Jr., staff attorney for the Alabama Disabilities Advocacy Program, which is also taking part in the lawsuit, alleging discrimination against prisoners with disabilities. (Mike Cason/mcason@al.com)
By Kelsey Stein – on March 16, 2016 at 9:52 AM, updated March 16, 2016 at 10:31 AM

Alabama inmates with disabilities will soon receive the necessary treatment and services, under a recent agreement between the Southern Poverty Law Center and the Alabama Department of Corrections.

SPLC filed a lawsuit in June 2014 claiming that state officials knew about problems within the system but had not acted to bring conditions to a “humane and constitutional” level. The plaintiffs include 40 named inmates who offer details about their individual encounters with inadequate health care.

The agreement outlines steps ADOC will take to ensure compliance with the Americans with Disabilities Act. A monitor will oversee the implementation of the agreement’s provisions.

“This agreement is an important commitment by the Alabama Department of Corrections to address the discrimination and hardship these prisoners have faced for far too long,” said Maria Morris, SPLC senior supervising attorney. “Prisoners with disabilities must have an opportunity to serve the sentence they have received – not the sentence they must endure because the state fails to respect their legal rights.”

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When i reported the abuse, i became an outcast amongst societies outcasts

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Montgomery Women’s Facility (MWF) has more problems than a small camp such as this should have. Last month (February 2016) we had another one bite the dust. Our S.P.R (Pre-Release) Sgt. was escorted off premises for having sex with his charges, those female inmates under the S.P.R program. He wouldn’t report their dirty urines (Urine Tests) in exchange for sex.

An inmates account of the abuse that occurs at Montgomery Women's Facility
An inmates account of the abuse that occurs at Montgomery Women’s Facility

This month, March our canteen lady who is employed by the state, picked up a rock and threatened to hit the inmate who was at the window getting her canteen store. Nothing happened of course. She gets to treat us any kind of way, calling us names, cursing us and at times refusing to fill our canteen store because she doesn’t feel like it or is angry at us. Captain said she’ll “investigate” but she is just as crooked as the rest here, who works here.

Captain barters and trades with inmates, even calls some of them her “children”, showing favouritism to some inmates and then others she lets get abused by her officers. Today our visitation building was taken over by our Healthcare, that we call Death care. Their trailer has been condemned over a year and today we inmates who were having art class, we were kicked out and then made to move all the furniture (chairs, tables, a 1000 lb. piano) over to the shift office. The visitation building also held our classes as well as Church. Why can’t D.O.C purchase another building? Where is all the money they claim to have?

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Mail clerk rejects letter containing “nudity”

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An inmate received a mail rejection slip from the mail clerk yesterday evening. The rejection slip stated that an item within the envelope contained an image that is prohibited as it displayed nudity. The husband of the aggrieved inmate was dumb founded, and taken aback trying to recall what he had enclosed in the offending envelope along which also contained a recent publication depicting the many names of God, Jesus and the Holy Spirit.

Picture depicting "nudity", rejected by the mail clerk at Montgomery Women's Facility
Picture depicting “nudity”, rejected by the mail clerk at Montgomery Women’s Facility

Then it dawned on him, the picture that he had included was the Crucifixion from the Weingarten Missal, 13th century, showing the four evangelists’ symbols in the corners. It shows a very Old Germanic style, before the influence of the Italian Renaissance.

So, in accordance with Alabama Department Of Corrections policy, the inmate, not knowing what the image was of, or indeed the identity of the mail clerk who deemed this as an offensive image,  is supposed to be able to have the offending item returned to sender, at the inmates expense of course, otherwise it is supposed to be held and then  destroyed after 30 days.

Its a pity that ADOC employees and Officers aren’t as diligent in their duties of care and protection of inmates health and well being as they are at withholding images depicting “nudity”.

 

We’re fed up with being treated like cattle at a slaughterhouse

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In my entire life, i can count myself fortunate in the aspect that i’ve never had to go to bed hungry, never had to live in filth with roaches and rats, never had to know the humiliating sting of purposefully degrading comments from someone who is supposed to be here for my protection. That all changed the moment i entered the Alabama Department Of Corrections, unprofessional, racist and ineffective custody. Where to start?

Statement of the conditions in Montgomery Women's Facility
Statement of the conditions in Montgomery Women’s Facility

At over 200% capacity, the existing facilities to house ADOC (Alabama Department Of Corrections) inmates are derelict, unsanitary, ineffective and quite frankly dangerous. Julia Tutwiler prison is almost a century old and built to house no more than 400 inmates. ADOC shows no concern for their inmates safety, nor that of their officers or the surrounding publics by cramming over three times the intended maximum capacity in an 80+ year old building that should be condemned.

Montgomery Women’s Facility is no better. Currently MWF (Montgomery Women’s Facility) is a level II Camp designed to hold 150 work release inmates. Double the number of inmates & you’ll have current MWF count, with less than 40 actively working & exercising their custody. At the time this letter is being written, MWF has no warden & the officers are taking full advantage of that fact. They have no one to answer to and unprofessional conduct, retaliation for previous slights and racially motivated incidents run amok.

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Stop The Abuse. Please, We Need Outside Help

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Here at Montgomery Women’s Facility we have been suffering sexual abuse, yet when we speak out we get ridiculed by our peers. Officers treat us like its our fault, we walk on eggshells fearing retaliation and the guilty Officers of abuse, are only transferred. Our story becomes well spread between the inmates and other Officers at the other female facilities – Tutwiler and Birmingham Work Centre.

Statement alleging systemic abuse at Montgomery Women's Facility
Statement alleging systemic abuse at Montgomery Women’s Facility

There is no peace for us anywhere. One woman spoke out here about her suffering of sexual abuse form an Officer as well as mental and emotional abuse from his co-workers and she became ostracised from inmates, from all 3 female facilities. The Officer she reported, told her if she ever told, he would make sure that she was protested at each parole hearing.

In Alabama, if one has protesters then the individual is denied parole and put off for 5 years. Here at Montgomery Women’s Facility we also suffer verbal abuse from Officers as well as employees who work here.The employee who runs our canteen, abuses us constantly. She has cursed some of us, calling us “bitches and hoes”. When we report her, she retaliates by “losing our store slip” and prevents us from getting our food and hygienes.

The other day, a girl left the canteen in tears after this employee called her a heifer and told the girl she could talk to her anyway she fashioned. Then a few minutes later this employee was yelling out another girl, telling her to get her greasy hair head away from her. These girls went to the Officer who is a Lieutenant, who is in charge of grievances against Officers/Employess and this Lieutenant told them that she didn’t have time for this trivial crap.

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This place is inhumane and we’ve lost all our rights, but no one should ever lose the right to be human

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I’ve heard that Tutwiler is listed as one of the 10 most dangerous prisons in the country and i find it hard to believe that Montgomery Womens Facility is not on that list. Do people not realise that most of those same officers that helped get Tutwiler on that 10 most dangerous prisons list, have now been transferred here to Montgomery Women’s Facility?

This place is inhumane and we've lost all our rights, but no one should ever lose the right to be human
This place is inhumane and we’ve lost all our rights, but no one should ever lose the right to be human

I understand that the equal Justice Department has implemented numerous things to try to make it just a tad bit safer & a little more human (e.g.) Prison Rape Elimination Act, a grievance system for us to be able to report problems we may be having with an officer etc. My question is what good are those things when the person you report to is “friends” with all the officers and assumes the officer is always right, and the inmate is always wrong?

When we report to Lt. Bentford, she just sweeps it under the rug and nothing even goes into the officers file. When officers get promoted to Sergeant after getting into numerous physical altercations with numerous inmates, then something is wrong, especially when we are expected to follow the rules, but no-one  in authority here is made to follow any rules. They do what they want, when they want and we have to accept that because we are just inmates, right?

Wrong! In case society has forgotten, then let me remind you that all of us here are somebody’s daughter, mother, sister, wife and friend. Yes, we have made mistakes that landed us in hell, but we are not any less human because we messed up. I just need to know where the rehabilitation comes from? We have hardly any classes here, no social workers to help with rebuilding relationships with our kids & families, no job training skills – Nothing- And we are expected to get out of here and magically know how to operate in a world that has become so technologically advanced that you can now turn the heat on in your house by using an app on your iPhone.

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Serious Lack of leadership and accountability at Montgomery Women’s Facility

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How is it Lt. Mason, who has given cash to an inmate to buy her a drink (against regs), still holds a position of power to abuse? How is it Lt. Bendford, who got Lt. Mason to cover up the fact an inmate found Lt. Bedford’s cellphone , is now in charge of investigating grievances inmates file against officers?

Inmates statement alleging widespread flouting of ADOC regulations and procedures
Inmates statement alleging widespread flouting of ADOC regulations and procedures

Why are the sidewalks cracked and broken up and are a safety hazard and no one will fix them after several falls from inmates and their visitors including a 6 month pregnant woman who fell on her belly?

Why is it that the officers and supervisors do whatever they want and inmates complaints fall on deaf ears? Why do we have cameras when no one is watching them? Why does Sgt. Jean still hold her position when she is unprofessional, cursing inmates and her officers?

How can Sgt Jean ask an inmate who reported sexual abuse, ask the inmate how big the officers dick was, and still work at the facility as one in charge? Why are we at Montgomery Women’s Facility being abused and ignored? We need outside help, desperately.

Transcribed by admin, from an inmates statement alleging widespread disregard and malpractice of Alabama Department Of Corrections regulations and procedures, her identity withheld for fear of retaliation