Modern Day Slavery 2

By Jay Goodman

Sitting here talking to old convicts who have done time since the 1980’s, all say the same thing. When the Feds stepped in, it was a time that meant something. Because the state of Texas made a deal with David Ruiz. Prisoners that behaved themselves and did good. Were actually receiving their good time and most importantly getting their work time also.

What really happened was, when Ann Richards was elected to be the Governor, she walked into a land mine. The Democrats won the Governship but lost the public relations. Because Governor Richards was seen as, “soft on crime”. In reality, Judge William Wayne Justice, had already ruled on the overcrowding in TDC. Can anyone name who represented the Republican party against Ann Richards? In the Garrett case, the courts ruled against us and for TDC. Do you know what TDC stood for? Texas Department of Corrections. They had to change it, because Texas never has, nor will it ever correct anything. Once TDCJ was granted full control of the Parole Board System the legislators did the rest. By 1997 there was no more mandatory release supervision. The only good time we have ever received since then, is on paper. Till this very day TDCJ prints out your time sheet with awarded good time credit. Why would they do that? At a glance, TDCJ and Texas will say we still count it towards their release. But of course it’s still up to the Board of Pardon and Paroles to grant or deny parole, under chapter 493.

Texas Department of Criminal Justice, section 493.016 information of public interest; complaints. Joe Public, has the right to know where its tax dollars are being spent. Cite this chapter when you ask or complain about something and see where that gets you. Under 494.001 Institutional Division mission: to provide safe and appropriate confinement, supervision, rehabilitation, and reintegration of adult felons and to effectively manage or administer correctional facilities based on constitutional and statutory standards. I have never heard or seen any attempt to rehabilitate in this system. If by rehabilitation you constantly repeat to “us”, i.e., this is my chow hall, get off my grass, stay inside the yellow line, give me your I.D. (to write a disciplinary case), pick this up, pick that up, go here, no go there what are you stupid? Tear our cells up when we go to respite, because it’s over 120 degrees in our cells. Then plant weapons or drugs in our cells, because the guards have a quota system of f3ka cases to write. Also, beat us physically, abuse us with sleep deprivation everyday, starve us for weeks, by serving us bologna and peanut butter sandwiches to eat. Believe me when I say the list of abuses that go on everyday is too much for me to write! WOW! After all this time it’s nice to know what a great job at rehabilitating me that the system is doing. How ungrateful I am, for not thanking the state for this rehabilitation. Maybe I should wait, so I can thank them for my rehabilitation and reintegration. Which basically means, I get a lay in to reintegration. Why is this so important? Because, you have had inmates locked up for 1, 2, or 3 decades. What magical gifts are TDCJ and Texas going to bestow upon me? NONE! Your reintegration consists of a 10 to 20-minute chat with the reentry officer. Who asks basic questions about getting you a birth certificate and a social security card. On the high end, they might even take your picture.

Since we know “All” missions have a start, middle and a closure. What is TDCJ’s mission again? TDCJ and Texas “do not” provide a safe, appropriate confinement or supervision. Rehabilitation and integration are words on paper. As far as effectively managing or administering correctional facilities based on “constitutional” and statutory standards? I say to that. Who’s Constitution are we reading, China’s? NO! Where in the United States or Texas constitutions does it state; We the people of these United States do hereby allow the beating, rape, neglect, and murder of our citizens who have broken our laws. We have become prisoners in indentured servitude, for the benefit at rehabilitation and reintegration back into our society. Yet, here we are in 2019. What bad Twilight Zone episode is this? This my friends, is our sad reality. We wake up to a system that constantly punishes you for your crime every day. From the time you get waken up by one of the guards, to the time you might get some sleep. Please know, I am not asking for a pity party. What I do want the readers to understand is this. When an animal is constantly mistreated, what happens? One day, that animal lashes out and attacks the closest thing to it. Sometimes, even harming the very same person that is trying to care for it. When this hap- pens, naturally it’s the animal’s fault. TDCJ and Texas are like a bad handler. They allow mistreatment of the of the prisoners. When a person who’s been suffering for years or decades finally snaps, TDCJ and Texas use this person as an example in front of voters and say, “See we need stricter laws and more money!” Of course they will always pray that they can “bullshit” everyone into believing there’s a need for more prisons.

As I said earlier, they will use scare tactics to instill fear in the public and state officials, because the last thing they want everyone to know is the honest truth. Which, is that there is absolutely no need in over one hundred prisons. Everything I have written about that has happened and continues to happen was put in place to keep “All” of the prisoners here for the rest of our lives. To work in the fields, work in the hundred plus industries placed in each prison. There is nothing about the Texas prison system that will help reform or prepare us for release. I do believe and understand why. Because, we are sent here for one reason to become “Slaves”. Here is another way TDCJ keeps us incarcerated longer under the “double-dealing system”. If a person accepts a plea agreement in Texas, that person reads the plea agreement and agrees to the stipulations in the plea. Unbeknownst to the defendant, TDCJ and Texas have a 3g policy in place. This simply means that they have set-up a system, outside of the system. This is how it works; certain cases (mostly all) fall under a 3g category. A 3g prisoner does not have a mandatory short-way.  By taking this short-way out of-the equation, TDCJ and Texas secure a longer sentence from its inmates, before they are “ever” eligible for parole consideration. Don’t believe me? Check out the Texas code of criminal procedure, article 42.12 3g. You now get to serve half your time before you are even considered for parole. Even if the court did not make an affirmative finding of a weapon in your case. TDCJ treats your case as a 3g case, requiring you to serve half of your sentence before parole consideration. If this is not bad enough? TDCJ will disregard your judgment and sentence if you have stacked-time. For example, a friend of mine, had a 20-year sentence. He went back to court received a second and third charge from the same court, all stacked. He appeals his 20-year sentence, which took 10 years of appeals process time. Upon winning a new punishment phase he signed for a 10-year deal. The judge specifically stated, “I am going to run cause No. 4321 concurrent with your other two charges. You will receive credit for your first charge to your second charge, and from your first charge to your third charge. Charge 2 and 3 will remain stacked.” Michael Dee Howard, Cause No. 4321-A in the 216th district court from Gillespe County. EX parte Howard, 425 s.w. 3d 323 (Tex. Grim App. 2014)

Now, the Texas parole board does not actually review all paroles in Texas. It allows the TDCJ classification office to move things through the chain of command. People are under the misconception that the parole board gives you parole. It really only goes by the recommendation of the parole counselor. When Mike Howard challenged his sentence, he was told. Our computer system is old, we have to first parole or discharge your first sentence, then manually type in your second sentence. What the hell did that have to do with anything? Mike had a court-ordered sentence. I guess no one told the judge he was not running anything in Texas or TDCJ! Who does he think he is? We work real hard to keep our “Slaves”. We are not going to let a little thing like the United States Constitution, Texas Constitution or the Texas code of criminal procedure ‘get in our way. The mandatory law came about because of paroles failure to release an inmate sentenced on time. In the passing of the law they used the command wording; “shall be”, removing the discretionary application of any action under the 65th Leg. 1977 until 1987. The Texas Constitution, article 555 stipulates, that the judicial powers of Texas is vested in the Judiciary, and all criminal matters come under the jurisdiction of the court of criminal appeals, whose determinations are final. Tex. const, Art. 1a16, T.A.C. 1311.031 Ex parte Geiken, 28s.w. 3d 55g, 558 (tex. crim. App. 2000.) Noting, that while the parole system in Texas creates no presumption of release or parole, the mandatory supervision release statute does.

Here is another way TDCJ Rapes you when you come up for parole. Let’s say, the first time a man goes to prison. It is for Aggravated Robbery with a weapon. He gets a 10-year sentence and serves the entire sentence. Now, he has been out of prison for five years. One night gets pulled over by police and has a gram of cocaine on him. He receives five years for this small amount of drugs. When he gets to the Texas prison system, because his first sentence was Aggravated, Texas will treat his new conviction Aggravated. Even though he is back for a small amount of drugs he has to do Aggravated time. Talk about a 52 fake-out.

I understand it is a big business in Texas, and just like my last chapter, Modern Day Slavery inside the Texas prison system. I cannot believe how the Puppet Masters have manipulated every aspect of this prison system. I sit here every day looking at the madness they have put together, the complete disrespect they have for human life. The complete disregard they have for rules and regulations. They are fast to say we are criminals. When they themselves are “no better” than anyone inside the prison system. They have been allowed to abuse the prisoners and take advantage of us for way too long. They truly believe they cannot be stopped, and as long as the state and federal government allows this to continue, the worst is going to come. They have been setting this criminal organization up a little at a time and have everything they believe in place to not only enslave us, but keep us here, until we die.

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez