Inmate No Longer Here: the struggle for prison justice
- September 13, 2014
Authority & Abolition
Cecily McMillan and Lucy Parks reflect on Occupy and the struggle for prison justice: ‘We’re going to see a big movement. It’s coming, that’s clear.’
Cecily McMillan is an American activist who actively participated in Occupy Wall Street and who now advocates for prisoner rights in the United States. In March 2012, she was arrested as protesters tried to reoccupy Zuccotti Park in Manhattan. She was convicted of assaulting a New York City police officer and sentenced to 90 days in prison and probation for a subsequent five years. Cecily was released in July 2014 after serving 58 days at Rikers Island.
Lucy Parks is an Occupy Wall Street activist who has also acted as field coordinator for the ‘Justice for Cecily’ support team.
Manos Cizek is a media activist and independent filmmaker from Greece. He recently sat down with Cecily and Lucy for an exclusive ROAR interview about Occupy, Cecily’s experiences at Rikers Island, and the struggle for prison justice in the United States.
MANOS: How do you see the continuation of the Occupy movement in the context of prison justice and the combination of these two movements?
CECILY: I think that the Occupy movement still exists, not in the sense that it is on the ground, not in the sense that it is a tangible movement that is emerging, but it exists in the sense that we have started a class dialog, we have started a class commentary. Any time we’re talking about a corporatocracy, any time we’re talking about corporate control of our democracy, the lack of a middle class, the sinking of the working class into an underclass, that is the Occupy movement. And when you radar that into the prison justice movement, what you get is a move from human rights and racism into a class dialog.
So you can really contextualize the problem on the many layers that affect what prison justice is. Right now in New York it’s very difficult for us to get beyond the targeting of black and brown men. That is the strongest reality here. But there are many poor white people who are being targeted just the same in other prisons, in other jails, throughout the United States. In this sense it’s important to recognize that there is a human rights violation, that there is a corporate value to keeping people inside private prisons, that there is a racist marker on black and brown men in particular that sends them to these incarceration systems.
LUCY: I think it has been really good at uniting the dialogs of race and classism which is important because so much racism is tied up in class politics, and so much of the racist system we have is built to keep people of color poor—and then uniting them also with the poor white people and then bringing it back to Wall Street and the strong Occupy battle of the 99% against the banks. I think it draws a strong connection and is a way to make sure that the blame is put where it’s deserved, which is on the corporatocracy.
CECILY: The prison justice movement is also the first real shot at a true concept of “We are the 99%”, which is essentially what we need in order to build a true civil rights era-style social movement. What I mean is not that we’re going to necessarily work by the same model of the civil rights movement, but in order for such a movement to take hold in our country and make real changes, there need to be multiple arenas of accessibility from the bottom up.
So it really is the first point of merging the various people that are asking for change into a cross-race, cross-cultural, cross-class—and now we’re adding with our work at Rosie’s—cross-gender social movement. Which is what you have to have in order to have a social movement; it can’t be a minority of people because that’s a campaign. A movement allows for access to all.
MANOS: You’ve recently delivered a petition and sat down for a meeting with Commissioner Ponte, on August 25. Are you happy about the meeting, and what are you expecting to get out of it?
CECILY: That was huge. City council people, public advocates—everybody has been talking about how difficult it is to get a sit-down meeting with Commissioner Ponte. We were so surprised. We went there not expecting a full-on meeting. We went there expecting to wait him out until he showed up to take our petitions. To get a sit-down meeting is a win beyond anything we could imagine. But it just goes to show you that 25 people, who are recognized as people, who are recognized with the rights as citizens, that if they go across that bridge, if they make the move to stand by prisoners that are being held on Rikers, that is so terrifying; they were so ready to get us off that island that this is what they offered us!
LUCY: One thing that struck me about the petition delivery was that the police presence was incredible. I mean it was a petition delivery through very peaceful action, we had around 25 people which is not huge, but they still outnumbered us with police officers wearing riot gear and they set up barricades. And what that really shows is exactly how scared of us they are. We know that something we are doing is working and they feel threatened by it.
CECILY: And that’s I think where we have to get to right now in social movement building in our country. We need to start recognizing the tactics of the government and the tactics of the police as a marker of our power, when they show up in force and in mass like this. We need to expect it. We need to plan for it. And we need to go about campaigns in an actionable way; what are we going to do if they do X, Y and Z. I think right now, to a large degree, we’re still really caught up in spectacle.
MANOS: Cecily, what experience did you get out of your trial, and in what ways does that experience relate to the Chelsea Manning’s court support effort that you were a part of?
CECILY: Lucy is actually the mastermind of our court support effort. I was in support of Chelsea Manning, of course, but court support is a nuanced level of direct action. I’m advocating ultimately that from the moment you step onto the street to the moment you go to jail, to the moment that you go to court, that you as an activist must follow through with your convictions and not plead out.
Less than 5% of felony cases right now go to trial and when I was in Rikers I was the only person that I met my entire time there who had been to trial. And so we have a privilege beyond anybody else to stand trial, to expose the justice system for what it is, and the big lesson here is: if you choose to give up your cultural privilege, if you choose to not take the pathway of striving to become a part of the 1%, then, if you choose to stand by people of color and poor folks and people who have been marginalized, then you will be treated like one.
Your cultural privilege, your white privilege, your class privilege, will be removed from you and will not save you from jail. But nonetheless, you as a by-product of that privilege, you have the best fighting shot to expose the justice system for what it is: another arm of the corporatocracy. You must, as a point of your values, as a point of your commitment, as an organizer, go to trial and possibly go to jail.
LUCY: Chelsea Manning was on trial for something that she was able to make a conscious choice in doing, but then Cecily was on trial for something that happened to her. And then Chelsea Manning was also in military court and we were in Manhattan State court. One of the people in the support team had gone down to Texas to do court support for the Chelsea Manning trial. We had a sketch artist, actually, who had sketched the Chelsea Manning trial extensively, who came to do some sketches of this trial. So we drew some parallels, but not a whole lot in terms of court support, other than packing the courts and trying to get press attention and all of that. I think we drew more on the court support model from CeCe McDonald.
CECILY: I think ultimately what we’d like to utilize court support for is to constantly build more avenues into supporting the Left, standing up for our rights. It’s a low level of accessibility into a movement that allows people to see what they thought were secured and safe-guarded rights for every citizen; the right to a speedy trial, the right to a jury, the principle of innocence until proven guilty. It’s a way for people to see the cracks in our system firsthand, as they’re sitting there and they relate to the individual who is being tried.
LUCY: It’s a civics lesson.
CECILY: We also hope that this model will be transferrable to any single person in our movement who falls, and in that sense it has a sort of unifying effect right now inside a very fractured Left.
MANOS: Lucy, what are the difficulties you encountered upon coordinating the actions of Justice for Cecily’s support team? Did you find stronger support from within the United States or from abroad?
LUCY: The trial lasted a month, so I was going in at least 3 to 4 days a week, every week for a month. The entire court support team and half of us are students, the other half of us have real jobs. We always had someone outside the courtroom to greet people, give them flyers, talk to them about etiquette and I literally would have to sit down every night before the next day of court and draw out a master schedule of when everyone had to leave to go to class or work, who could be there when.
Some days we faced challenges of not having enough people in court, by the end we faced the challenge of having way too many people there. But really everyone was incredibly supportive and everyone banded together to help us in ways that I’ve never seen before. I do think that the support came more from the United States. We had a petition that got 200.000 signatures on it and then we also had a decent amount of international support. I know we had a lot of articles published in Latin America about the trial, a lot of articles in Vietnam actually about the trial, The Guardian did also a lot of the best coverage.
I think the main challenge we faced honestly was tiredness, burnout and lack of time.
CECILY: We had no sense of what we were really up against. I think to a degree all of us did still have an idea, did still want to believe that there was some sort of justice in the justice system. It was really shocking.
LUCY: Also everyone in the court support team was very young. I mean I’m 19, most folks were between 21 and 25, with a few folks who were 31 and 32, and a few folks who were also 19. We had a lot of naïvité and that worked against us in a lot of ways. But it also worked for us in some ways, in that I think when you don’t have an experience that tells you that what you’re doing is not gonna work, then you’re more likely to believe that it will work and then you’re more likely to be able to make it work.
CECILY: And when it doesn’t work, it breaks your heart in a way that allows you to see the system for what it is and say “Well, fuck you! You’re not going to get us down, we’re going to figure out another fucking way.” And so with the upcoming trial on September 15, as a result of the targeted arrest while I was awaiting trial, we will go forward with the same court support model again, but of course this time we are considering jury nullification.
LUCY: There was one juror actually who came to the press and admitted that he still believed Cecily was innocent at the end of jury deliberation, he just didn’t realize that it was OK for there to just be one person that thinks the defendant is innocent and thought that jury is supposed to be a unanimous decision, not a majority decision. And to quote him, he went with the ‘guilty’ verdict because he “didn’t want to fight a losing battle and also didn’t know that she was facing serious prison time.”
CECILY: He wasn’t fighting a losing battle. He believed I was innocent and had he just maintained that position, then it would have been held a mistrial. In a hung jury there would have been a chance for the trial to have been redone; at which juncture we would have had an opportunity to get in all of the evidence that had been edited out by the court. Now as we’re fighting the appeal we’re gonna have to go forward with the case with the same evidence that was presented. If we win the appeal’s case the probation will be gone and we will have an opportunity for a retrial.
MANOS: So you’re currently on probation for 5 years and you’re a felon, so you can’t vote for the next 7 years.
CECILY: Oh there’s so much more than that. I have 3 teacher certifications, most of my life I work with children. Before this, I was an Upper East Side nanny. Even in jail I was a suicide prevention aid to the adolescents in Rose M. Singer Center. I’ve always worked with children. I had always wanted to possibly become a foster parent. So I can’t work with children at all as a felon, in any public institution. I don’t think I can even work at McDonald’s, actually. We were looking at houses in Atlanta the other day, the other team member Paul and I, and so many of the housing requirements say “no felons, don’t even ask.”
Through my probation, I actually cannot have any contact with the police. If I have any contact with the police I have to report it. So, we now have to consider what actions, what marches I can go to; there are certain events that I can’t go to on the Left anymore, because if there is another felon there, part of our probation is that we cannot interact with other felons. I can’t move without notice and I can’t leave the state unless I give 45 days notice to the judge.
LUCY: It’s a new type of jail time, and also 5 years probation is so long. Usually, when they give that type of probation, what they’re trying to say is that they really want to send her back to jail. Because they didn’t get away with giving her the long sentence they wanted to the first time, and they’re trying to do that in a quieter way and a way in which they can assassinate her character even further.
CECILY: It’s a setup. I mean, everybody in Rose M. Singer Center said “5 years probation? That’s a setup.” I have to go in every month to do a hand scan which monitors if I have been using any drugs—I don’t—that’s good. The probation officer can show up at any point at my home, at my workplace, they can ask me to come by any time. I mean, if they would like to use me for some sort of radical Left GPS system, they can. They can make me quit a job if they don’t see it as a reputable job. If I’m not working, or not in school, I go back to jail. If I don’t have a residency that’s stable, I go back to jail.
MANOS: Are there any statistics on the amount of people that are dying in Rikers Prison?
CECILY: This is the most fucked up part. Judith, the woman who ended up dying as a by-product of medical neglect, the woman I had met while she was in Rikers, she had been throwing up blood violently for hours. The inmates rallied together: “bring her down into the infirmary!” She’s admitted to the hospital, put in critical care— two weeks later she’s dead. Her autopsy shows: death unknown. Every single one of her organs had shut down. Had been totally destroyed. Her womb collapsed. There was no reason that all of that would have enacted given the way that she had presented when she came to the jail.
Now, how do we know that? Her sister got into contact with me. How did her sister get into contact with me? She’s in Florida; her sister is also a Correctional Officer. She found out that her sister had died, when she sent her sister a letter and the letter had been returned: “Inmate no longer here.” So she went online and looked it up, and when she was looking up “Rikers Island”, after she had tried desperately to get a civil rights lawyer to look into it and had been denied several times, she was looking online at Rikers for information, stumbled upon my story, said “Could that be my Judith?”, contacted the New York Times, Michael Schwartz and Michael Winerip gave her my phone number, she called me and I told her what happened.
So if you can imagine all of those really lucky coincidences that lead her knowing what her sister’s life was like in her final days, how many people have that sort of luck? I’m terrified to know how many people actually do die in Rose M. Singer Center, when there’s a lack of inmate organization, when there’s a lack of resources, when there’s a lack of attention, when our country seems to be covering up the fact that women are even in prisons, except in a funny show like Orange Is the New Black. We’re gonna figure what those numbers are as we continue to investigate Rose M. Singer Center.
LUCY: And whatever numbers we find the real numbers will probably be higher.
CECILY: We’re terrified of the consequences.
MANOS: You were visited while in prison by Nadya, Masha and Peter, formerly of Pussy Riot, now having their NGO Zona Prava. How was that for you, and how is your current communication with them in the context of prison reform both in the United States but also around the world?
CECILY: I love them. It’s been one of the most alienating experiences to get out of jail and go back to a world where most of my friends do not have a lot of experience with the cultures that surround imprisonment. It’s been really hard to navigate what it is supposed to be to be a white woman speaking on these topics. Hanging out with Nadya and Masha and Peter for an entire day, we just went down to Battery Park and Peter made us chase a boat for a really long time. I mean, we’re just 24, 25 and 26 year old girls trying to do something right for this world, trying to make something more out of an experience that I think we all realize is really super commonplace for a lot of people in this world.
It’s been amazing to have them as comrades and in terms of the international piece, we are really looking forward to working on something sort of like “From Rikers to Russia” narrative that will start the international interconnectivity of discussing prisons as a human rights violation, particularly from a woman’s perspective, which we think hasn’t been done and will be more fruitful because women are socialized generally to be more community-building communal beings. Both of our teams are really committed to discourse and collaboration rather than competition and setting up an “us and them.” We’d like to make it a human “we” narrative. And I think that moving forward we are just all around delighted to work together.
LUCY: The other thing about Nadya, Masha and Peter is, they actually became a large part of the leniency campaign which is why Cecily is out of jail now, when they went and visited her at Rikers during the first weekend that she’d been in. They came and had breakfast with the support team in the morning and then I went over to Rikers with them, we talked about politics. Then they went in and visited Cecily and came out and were so amazed, that they then utilized all the resources that they had as a part of the petition campaign to get her out, and also as a part of the campaign we had of writing letters to the judge asking for that leniency. So, really, if they hadn’t been so wonderful in putting forward all their resources and energy on that, Cecily might still be at Rikers.
CECILY: We also have a running dialog with them about this concept that they referred to: “anti-fear”. In the sense that when there is terror, when there is police repression, when there is backlash, that’s not a marker of weakness on your behalf, that’s a marker of strength. When they fear you, if you can respond with anti-fear, you win. Because at the end of the day, all they have is their guns and all they have is their money. But if you present and you went out as a human being who’s willing to stand up against the money and against the guns and maintain your personhood, maintain your dignity, maintain your respect, maintain your personal narrative as somebody who’s just trying to be good for others, you win.
And yeah, the consequences grow greater and greater as you become more successful. But at the end of the day, what is living if this is the world that we’re living in?
MANOS: Talk to me about October’s Month of Resistance to Mass Incarceration.
LUCY: We’re working with an organization called the Stop Mass Incarceration Network, started by Cornel West and Carl Dix, who are both great folks and have been working on this for a few years, and who are now putting together this October Month. It’s becoming clearer and clearer that something big needs to happen around mass incarceration and police violence now, and in New York there are literally probably at least 100 different groups doing work around this. What we’re aiming to do in working with Stop Mass Incarceration Network in October, is to pull together those groups under a news heading of this Month of Resistance, to show how many people are doing work and to start coordinating so that it becomes a real movement.
I think Americans are becoming more and more aware—especially with books like The New Jim Crow—of the reality of the prison system. And then in October we also need to show how many people are doing work around the issue and get even more people involved, because there is the potential for an actual movement around this. We just need to pull together and we need to energize people. What we’re aiming to do is to create coalitions and do outreach and then build into something way bigger in the future.
CECILY: To mobilize people from all the various angles as well. Not only all the groups, but all the various angles. The Anti-Mass Incarceration Movement is a structural movement, because you can’t just target the prisons, you have to target the prosecutorial overreach, you have to target the appointment of judges by elected officials that are elected by money, you have to target the lack of resources that lead people into prisons out of classism and racism and oppression to begin with. You have to go at the back end; the lack of resources, the probation, the sort of statelessness that I was talking about. You have to address the statelessness of an entire class of people in our country in a way that requires, again, cross-class, cross-race, cross-culture and cross-gender coalitions.
Additionally, I think that it requires an inside-outside strategy; it requires radicalism outside of institutional projects but it also requires inside organization and actions in the prisons and outside support. I think it will be the first major step into uniting the 99%, in a way that we haven’t seen actualized yet—just verbalized. And one way we’re trying to get out this beforehand is by calling it what it is: this isn’t just racism, this isn’t just classism, this is political repression. When there is a government that specifically denies participation to an entire group of people and thus renders them stateless, thus renders them unable to participate as citizens to begin with, and then you put them in jail for that; that’s political repression. These are political prisoners.
And so I think that there lies within that narrative a possibility at mass political activation. We’re in it to win; to win massive structural changes that we want to see in our national government. We have a sense of revolution—our revolution is not violent, our revolution is to live the rest of our lives affecting movement after movement after movement until we unite more and more people that are not represented by this government, which is most of the people, to affect the government that will not only be more respectful towards the citizens here, but respectful of the world order that so many other countries are working avidly to create and that we continually undermine.
MANOS: What would be your ideal view of a correctional system? How would it function and feel? And if you could paint the picture with words, what would that be?
CECILY: No correctional system!
LUCY: Yeah, at least what I would like to see is eventually no jails, no prisons. It’s not effective at creating a better society. I think it would be a slow process to get there and I think that to build that society we have to address especially the huge class issues. And what I would like to see is more of a process of resort of justice, where if someone does something like steal something then it’s viewed as a community harm, and what you’d have to do is work to pay the person back. We need to address this in a way that actually builds a better, more productive society that is built on growth rather than punishment.
CECILY: To be honest the entire time that I was in the sentencee dorm—so that’s the women who have been sentenced at Rikers—I had by far the highest, most violent offense. The classes of women that I met there were generally one of four—I would say there’s only a handful of women who were there for something else: one being selling their bodies in order to feed themselves or their families, two was theft in some form or another in order to take care of themselves or their families, the third is addiction and the fourth is primarily mental health. And those four, to me it seems like those are not crimes, those are byproducts of our society that reflect a really violent form of poverty and a really violent form of alienation, which actually left these women no choice to do otherwise.
LUCY: Those aren’t crimes, those are modes of survival.
CECILY: Ultimately what I would like to see the prison justice systems replaced with, are rehabilitation systems. I think when somebody in our society commits a crime, it is because for whatever reason the society, as it is, is not functioning for them. It’s not working for them or they cannot see their place within it— they had not been given the avenues or the resources in order to participate in society—I mean, that was certainly true of my case; there was no avenue for us to address the government, so we started a social movement. We need to say why is this person not participating to the standards that we’ve set? Do we need to change the standards? Do we need to allow for more access to resources? Do they need therapy? Do they need food? Do they need more adequate housing? Like, there’s no sense of talking to people about why it is that they committed the crime that they committed. It’s just all of a sudden, you were a person and now you’re a number and numbers don’t have opinions or value.
LUCY: So basically, to sum it up, we want no jails, no prison. We want everyone to be fed, clothed, housed and taken care of, to the extent that we deserve to be as human beings.
CECILY: And that our country can afford! We spend more money on housing a prisoner—I think it’s something like five times as much in housing a prisoner per year—than we do on the average child at public schools. We are paying to put people in an inefficient system that just sends them back into crime. This system doesn’t benefit anybody. Except for maybe the private prison systems that are making a profit off of the people being there. It’s crazy. This is the 21st century!
MANOS: So equal access to resources seems to be part of the solution, but at the same time we have the private prison system that is part of the larger corporatocracy—and we should find a way around that as well.
CECILY: We’ll start with improving the conditions in jail right now, building those cross-class, cross-cultural, cross-race, cross-gender connections, building ever towards a common dialogue on human rights—for every person, regardless of where they are, deserves to be treated like a person—and what we perceive will erupt with the Prison Justice movement, as it begins to interconnect with the Student Debt movement, as it begins to interconnect with the Immigrant Rights movement. I think ultimately what we’re going to see is a social movement of some kind.
LUCY: Something pretty big.
CECILY: It’s coming, it’s bubbling. That’s clear. Ferguson has been valuable, in that it is seen as a marker of mobilized dissent coming and people are no longer content to be treated like Others and are responding in a way that says “No more!”, that says “We will not stand by anymore, we will not stand by, avert our eyes, keep our heads down and not look up and not stand up for our brothers and our sisters.” It’s coming. The duty that we have as American citizens, as our country terrorizes, rapes, harms, threatens and exploits so many other countries worldwide, ultimately we have to start a strong social movement here based on human rights, based on a cross-class dialogue.
We’re hoping that what has historically followed will continue to do so and we’d love to see obviously a series of mass uprisings throughout the world, to establish a new world order that is focused on organizing the people, for the people and by the people.
Transcribed by Manos Cizek, Maria Gioni, Ilios Poros, Anghelos Palioudakis and Lindsey Aliksanyan.
Source URL — https://roarmag.org/essays/cecily-mcmillan-occupy-prison-justice/