A quarter-century ago, quiet Sunnyvale, California, decided it was time to do what every self-respecting suburb was doing: build an indoor mall. Away went the downtown street grid with its clusters of stores and restaurants. In its place arose the Sunnyvale Town Center, a hulking, boxy, brown structure. The town, located in what would become the heart of Northern California’s Silicon Valley, was just keeping up with the rest of modern America.
The mall still stands at the heart of the city, near Sunnyvale’s train station. These days, however, the mall is far from the pinnacle of commercial development it was meant to be. Few cars cruise into its parking lots. Many of its stores have folded, leaving empty, lifeless retail spaces. The shoppers who do come do not tarry long in the dreary corridors. “This mall was a disaster to begin with,” says one resident. “The place right now is like a ghost town.”
Once seen as the future of the city’s retail sector, the mall has gradually become a symbol of everything that’s wrong with Sunnyvale’s downtown: boring, shoddy, ugly, and a poor substitute for the street grid it destroyed in 1976. Now, after more than two decades of downtown stagnation, the town is finally poised to take action. Following the lead of suburbs from Atlanta, Georgia, to Pasadena, California, Sunnyvale’s leaders are talking these days about urbanizing their suburbia. Out with the bland, uninviting suburban streets devoid of people, say urban planners and city officials, and in with the traditional street grid, dense with pedestrians, shops, apartments, and the general bustle of people buying, selling, talking, yelling, and laughing.
This new vision of community life can be seen in the city’s Urban Design Plan, which was unveiled in March. The plan intends to create “an enhanced, traditional downtown serving the community with a variety of destinations in a pedestrian-friendly environment.” In part, it’s a bid to keep Sunnyvale competitive with neighboring suburbs like Mountain View and Palo Alto, which either have or are creating “traditional” downtowns to attract businesses, shoppers, and residents.
After months of deliberation, the plan was approved by the city council and is now undergoing an environmental impact review. Whether it will deliver on its promises, however, is hotly contested by both residents and experts. Some critics doubt whether urbanization schemes like Sunnyvale’s offer anything more than band-aid solutions to the problem of suburban sprawl. After all, they point out, urbanizing Sunnyvale ? a twenty-five-square-mile concatenation of single-family houses, strip malls, office parks, and the scattered remnants of orchard fields that were once its hallmark ? will be a massive undertaking, requiring much more than just a spiffy new plaza and a few office buildings. For its supporters, however, the city’s plan for downtown is the best remedy to what they see as a declining standard of suburban life. Over the years, traffic snarls have worsened, and land has become too expensive and far-flung for the old practice of building low, sprawling developments. The hope is that the increased density of buildings in the proposed downtown layout will ease housing demand and create a more livable environment. “Sunnyvale has a need for a place that it can call its own,” says Robert Paternoster, Sunnyvale’s director of community development. “There’s no ‘there’ there.”
City on the edge
On Charles street, “the city has got that much closer to our backyard,” says a resident. (Nick Hoff)
Sunnyvale (population 131,000) calls itself the “Heart of Silicon Valley” ? a reference to its geographic location along the Palo Alto-San Jose corridor and to the hundreds of technology companies that make Sunnyvale their home. No longer merely a suburb, Sunnyvale is part of what urban planners call an “edge city” ? a suburb in a dispersed region that has all the jobs and retail its residents require, making a traditional urban core unnecessary.
Critics of sprawl hold that edge cities suffocate cultural and communal life with their low building densities and automobile-centric designs. Another oft-cited problemis “unifunctional zoning” ? regulations that allow only one kind of building, like single family houses, to be built in a given area. “Before unifunctional or negative zoning dictated land use,” writes sociologist Ray Oldenburg in Celebrating the Third Place, “little stores, taverns, offices, and eateries were located within walking distance of most town and city dwellers, and those places constituted ‘the stuff of community.'”
Today, most suburbanites have nothing within walking distance but a 7-Eleven ? if they’re lucky. They have no public spaces that are a pleasure to be in, no places where they can walk and want to walk, no places where they can meet people and feel comfortable talking to them. In today’s anonymous suburban landscape, there are no places with nooks and crannies and walls that create and define spaces, that make you feel like you are somewhere ? not lost in a sea of lawns or undefined streets or whizzing thruways.
Sunnyvale bears the telltale signs of suburban isolation. Its bleak downtown mall, rambling subdivisions, countless strip malls, and lack of a street grid have destroyed whatever pedestrian-friendly prospects the town might have had. Sunnyvale has instead become a broad, monotonous blanket of one- and two-story single-family homes, sliced by major traffic arteries and their attendant Safeways, Wells Fargos, and Blockbusters. In the new Cherry Orchard strip mall (named in honor of the trees it supplanted several years ago), residents sip lattes in the faux authenticity of Starbucks, where the “graffiti” on the milk and sugar stations and the dark (cherry?) wood tables attempt to create precisely the sense of authentic place that Starbucks and Sunnyvale don’t have.
According to locals, the only pleasant part of downtown is a block-long section of Murphy Avenue. Constructed at the turn of the century, the street was built for humans, not automobiles. The street’s width is approximately the same as the height of its buildings ? a rule of thumb for well-proportioned thoroughfares. The buildings come right up to the sidewalk, and there are no garages to break up the flow of shops. From this pedestrian-friendly design arises a sense of enclosed space ? a sense of place ? that makes people feel comfortable being there. It is therefore the hottest spot to go in Sunnyvale for a beer, a cup of coffee, or a plate of pad thai.
The rest of the downtown, approximately thirty square blocks, is made up of small homes, a couple streets with one-story Town and Country shops, and the gargantuan eyesore that is Sunnyvale’s mall. Originally dubbed the Sunnyvale Town Center, the mall nowadays is officially known as the WAVE (Walking and Village Entertainment), though some residents prefer to call it other names ? “the manure pile,” for instance.
The Walking and Village Entertainment mall, built in 1976. A quick walk-through of its brown-tiled interior reveals empty store after empty store chained up, dark, and littered with the unwanted paraphernalia of the last tenants. Macy’s, JC Penney, and Target are flanked by desolate parking lots on each of the mall’s four corners.
Sunnyvale’s new plan calls for removing the mall’s roof and opening it to pedestrian traffic from adjacent Murphy Avenue. But the mall itself will not be razed: city planners and consultants argue that its anchor stores are great assets. “If you wanted these department stores today, we’d have to spend millions of dollars to get them here,” says Paternoster (even though, he concedes, “you wish you could start from scratch.”). Besides improving the general aesthetics, the mall remodeling effort is aimed at attracting higher-end stores like Barnes & Noble and the Gap, as well as a large multiplex.
Renovating the mall is only one part of the much broader downtown redevelopment plan. The plan also calls for increased density in the surrounding thirty-block area by zoning for over 2,000 units of apartment buildings and five blocks of six-story office buildings. A public plaza, now under construction, will greet train riders returning from work (and, planners hope, arriving to work) in the new downtown. The plaza will also open onto the courtyard of a planned eight-story apartment complex, which will also house retail stores on its ground-level floors ? only a stone’s throw from three office buildings already nearing completion. (So far the only elements of the plan under construction are the office buildings, the plaza, and the two-story parking garages on the mall’s corner lots, all of which were already zoned under Sunnyvale’s current general plan. The other elements are proposed zoning changes that will await a developer if the plan is approved.)
For a city that until recently had no building more than three stories in height, the redevelopment plan promises a radical transformation. And not surprisingly, many Sunnyvaleans ? especially residents who live near downtown ? are concerned about the proposed changes. Even though some of them profess their preference for more traditional, denser downtowns like those in nearby Palo Alto or Los Gatos, they fear that any modifications to Sunnyvale’s center might spell the end of their quiet suburban neighborhoods. In particular, they worry about the increased traffic that a vibrant downtown will inevitably bring.
Sunnyvale resident Mark Matizinger is among those who oppose the plan’s dramatic scope. A forty-two-year-old hardware salesman, Matizinger lives within view ofthe three office buildings already under construction. “I bought my house to get the neighborhood flavor and the convenience of downtown,” he says. “But the city has got that much closer to our backyard.”
Andy Maloney says he is all for a “traditional downtown,” but insists that the plan is a disaster. Maloney is co-director of the Friends of Sunnyvale, a citizens group that says it is in favor of “smart growth” ? that is, development that avoids sprawl. Maloney argues that the plan’s proposals for six- and eight-story buildings will create “stone canyons,” rather than the “traditional” downtown that could be achieved with three-story buildings. Further, the proposed high density will bring such increased traffic that few will enjoy going downtown. The plan will not address the downtown’s central problem ? its lack of a street grid ? because it refuses to uproot the mall, whose stores and parking lots have gobbled up the old grid. As a result, claims Maloney, the plan will do little to boost pedestrian traffic or improve the circulation of cars in the downtown area.
Supporters of the plan counter that something has to be done to improve the downtown situation. Among their numbers are a few long-time Sunnyvale residents, like Monica Davis, of the Charles Street 100 Neighborhood Association, who looks forward to walking to dinner, movies, and concerts in the new plaza. Many of the plan’s supporters, however, are newcomers to Sunnyvale ? young, educated professionals who work in the hi-tech industry that now dominates the region. “I can’t stand sprawl,” says Daniel Simms, a twenty-nine-year-old computer programmer. “I hate driving everywhere. It always feels like more urban areas have a tighter sense of community.”
Driving to your ‘walkable’ community
Sunnyvale’s downtown dwellers will still depend on their SUvs, sedans, and sportscars. (Nick Hoff)
Even if the numerous proposals for Sunnyvale’s downtown were all carried out, however, they would not change one crucial fact: Most Sunnyvale residents will still have to drive to get downtown in the first place. And so some critics say that the city’s vision of a pedestrian wonderland is just a pipe dream ? beyond the power of Sunnyvale, or any other municipality for that matter, to realize, unless more profound changes in the nation’s outlook and habits take place first. “There will not be much new urbanism if we don’t address our dependence on the automobile,” says Peter Bosselmann, professor of architecture and city and regional planning at the University of California at Berkeley.
In the absence of specific policies to decrease America’s reliance on cars, says Bosselmann, suburban city planning initiatives across the country will at most create small urban oases amidst vast seas of sprawl. Residents will still drive everywhere; it’s just that apartments and offices will be closer together, piled on top of huge parking garages. Given the dominance of the automobile, there’s also reason to doubt that these new urban centers will even be able to get off their feet. When everyone has a car, there’s no incentive for businesses to relocate to more central, and more expensive, locations.
Getting around Sunnyvale will certainly not be any easier if the city’s plan is fully executed. Sunnyvale’s public transit amounts to a sparse bus system, used only by those unfortunate enough to not have access to a car. The denser housing called for in the plan will increase traffic but won’t substantially reduce the number of times that residents will need to get in their cars every day. Even those who live within the new “walkable” downtown will need to drive to buy groceries and other necessities, and probably to get to work. What’s more, the proposed new apartment complexes will need to be equipped with either completely underground garages ? which the mayor of Sunnyvale thinks might be too expensive for developers ? or partially underground garages that take up valuable street-level space.
Sunnyvale’s chief planner, Robert Paternoster, recognizes that “a lot of mistakes were made” in this country’s last century of city planning, when the “automobile was given precedence over people.” But, he notes, in this automobile-dominated culture, urban planners must accommodate the car if they hope to attract people to their projects. Since Sunnyvale, in his opinion, doesn’t and never will have the kind of transit system that could make owning a car unnecessary, Sunnyvale’s plan must welcome the car ? otherwise no one will live downtown or visit there.
Even if the plan can’t do much to change people’s reliance on automobiles, Paternoster sees good things coming out of its proposals. The increased building density, he thinks, will give residents the opportunity to live within walking distance of their jobs and favorite restaurants. Most, he concedes, won’t work downtown and won’t eat their meals at those restaurants ? “but they’ll eat some.” It seems, then, that if the plan creates just a touch of walkable vibrancy it will be deemed a success.
Whether residents will be satisfied is another question. Daniel Simms will still have to drive most everywhere — and to create a sense of community, he insists, you must at the very least “get out of your cars and see people.” Of course, he and other local residents, if they come to the new downtown, will certainly have the chance to get out of their cars — as they walk to Murphy Avenue from deep within the mall’s new two-tiered parking lots.
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Celebrating the Third Place: Inspiring Stories About the “Great Good Places” at the Heart of Our Communities Edited by Ray Oldenburg | Marlowe & Co | 2002 Amazon.com “
My mom’s face is held together by a surgeon’s delicate wire. They tell me that her jawbones will heal with time. The same for her broken wrist, resting in a Swiss cheese-shaped wedge, made of Styrofoam. They say it is needed for proper circulation. The cream- and orange-colored walls of the hospital on Madison Avenue sicken me. The smells of fruit cocktail, cold cuts and unchanged bedpans hang in the air.
Death creeps along the hallways of the Intensive Care Unit waiting for something–or rather, someone to snatch from this world and take to another. Staking out an inconspicuous corner, Death simply waits. I suspect on some mornings it tiptoes behind the nurses’ station to hear if Mr. So-and-So, who has liver cancer, or Ms. So-and-So, who suffers from pneumonia, will fully recover. Then their fate, I think, comes down to a simple coin toss.
I have never fancied visits to the hospital no matter if I am watching an episode of ER” or if I am wandering the sterile hallways of one in real life, as I did years ago on a preschool class trip. I don’t know proper hospital etiquette either. You can send get-well cards, balloons and bouquets of flowers. But what do you say to a relative or friend who, after having surgery, is left to ponder his or her own fate during sponge baths and snacks of lime Jell-O and crushed pain medicine? Visiting hospitals always tests my patience and faith in science and medicine. And I usually leave visiting hours thinking about life, death and the gods.
The visits I make to the hospital during the winter of 1992 are not exempt from my feelings about hospitals and emergency rooms. I enter my mom’s room on the ICU floor one afternoon in January and stare at her–at her brown skin–as she sleeps. Her nose is not the same nose that appeared on her “other” face–the one before the plastic surgery. Her old nose is now a memory left in our photo albums, in the years before multiple sclerosis paralyzed the cells of her body, turning them into zombies.
Dried blood stains the gauze sticking out like walrus teeth from her nostrils. Her face is still swollen. They are able to get her teeth back into place, I recall my dad telling me. I do not notice them because I am too busy staring at the tracheotomy the doctors have cut into the center of my mom’s throat so she can breathe on her own. I sit next to her on the hospital bed after a day’s worth of school, staring at the blue button on the side of her forehead. I am told that if she starts to choke, I will have to cut the wire around the button. Somehow I know I will not have to cut it because she is a survivor. Several weeks later, they tell me she is recovering nicely. They say she will soon have to switch hospitals. She will need weeks of occupational and physical therapy.
For most of my life, I have been the resident witness to my mother’s battle with multiple sclerosis, a disease that changed her life as well as my family’s. I am the one who sees her fall over a bag of dog food in the pet supply aisle of a grocery store. “Is she drunk?”, a stranger asks. No one stops to help her. I am there when she cannot control her bladder, and later we pretend we do not notice that she changes clothes. I am there when she hits the floor one Ground Hog’s Day and breaks her shoulder. She can no longer wear high-heel shoes or walk without the aid of a cane, which is later replaced by a walker.
My mom’s eyes are the same. I discover, though, that she is no longer perfect. And on January 20, 1992, I am the lone witness when she loses control of our Buick Le Sabre and sends us head on into a telephone pole. I see her broken face and blood on her long, black winter coat and on the front seat of the car. This time someone stops to help. What overwhelms me that day, more than the car accident, is seeing my dad cry. He is sitting on a bench in the hallway of the emergency room. I can see his face from my spot on the metal table as I wait to have my arm x-rayed. I see him wiping his eyes. He is no longer macho. His tough-guy, truck-driver image is gone, and the tears seem to ooze from him uncontrollably. I cannot hear the words my uncle whispers to my dad.
As I wait for the technician to return, I pray for my mom’s recovery. Meanwhile, she is several rooms and hallways away being worked on by doctors and specialists and nurses. She will live, I reassure myself again and again. She does not have a choice because I need her. And now as an adult, I still need her. I want her to tell me how proud she is when I am honored for my work, how to handle life’s let-downs and how important it is to be spiritually grounded. The woman, who fought for her recovery in a hospital room 10 years ago, has to live. The woman, who read bedtime stories to me and taught me how to pray, must live. If not for herself, she must do it for me. “Now I lay me down to sleep I pray the lord my soul to keep If I should die before I wake…”
The woman, who taught me about English and sentences and words, must survive. Eventually, with our prayers, love and assistance from doctors and physical therapists, my mom does just that and more. And she comes home just in time for Mother’s Day, just in time for summer.”
Three years passed before I could compose photographs in Providence, Rhode Island. While attending college in one of New England’s post-industrial ports, I repeatedly searched in vain for a frame that might resonate with my adolescent aesthetic, some strain of ‘nature photography.’ This vision stemmed from my childhood in the sublime alpine panoramas of the Colorado Rockies, which I had grown to celebrate through images. But that naive approach was irrelevant in Providence.
Artistically unbound and awash, I finally attempted to define that aesthetic in negative terms, to capture what might constitute its opposite. My sterile engineering classrooms, a bleak parking lot under an indelibly overcast sky, a fluorescent-lit cement stairwell–what could inspire in these entirely forgettable places?
I see this collection of photos as merely a sketch, a rough meditation on some expressive possibilities in lifeless environs. It is highly personal. But what does it mean to you?
take heart. don’t be fool’d.
don’t seek after the seemin’ly easy
way out.
being onese’f is conscious hard
work. life is still gooddd.
Even tho there are people who
try to make thangs awfully bad.
but after the deluge, the sun
always shines.
and trouble, lahk water,
also moves on.
—ibn Kenyatta
The prison system of the State of New York has a website entitled Inmate Population Information Search.” By entering the name ibn Kenyatta, I can confirm that he resides at Fishkill Correctional Facility in Beacon, New York, that his prison number is “74A3701,” and that he was born on November 1, 1945. I can confirm that he’s black and that he was convicted of attempted murder in 1974.
If I were to add to the state’s database, I would say that ibn Kenyatta is one of the few prisoners in the United States who repeatedly and publicly refuse parole. I would add that he’s also a writer whose essays and poetry have been published in several anthologies and Harper’s Magazine. He has won a PEN prize for prison writing. His charcoal and pencil works have won acclaim at exhibitions in New York State. He renamed himself years before his incarceration, for African revolutionary leader Jomo Kenyatta and the Rev. Charles Kenyatta, the Harlem street orator. He met his fiancée, Safiya Bandele, in 1969. She has visited him throughout his incarceration.
Yet this broad sweep of facts barely addresses the complexity of the man, nor the standoff that has developed between the State of New York and a single prisoner. His continued parole refusals come at a time when state governments across the nation have enacted stringent get-tough policies to keep inmates behind bars longer and reduce or even eliminate parole. Kenyatta’s message has become perplexing to some and incomprehensible to others.
On January 29, 1974, Kenyatta jumped a New York City subway turnstile and soon found himself in a fight with a transit police officer. It was a time of great hostility between African Americans and the city’s police force, and for what easily could have been a matter of assault—both the officer and Kenyatta were slightly injured—Kenyatta was charged, and convicted, of attempted murder. Ever since then, Kenyatta has been protesting his conviction, maintaining that the officer attacked first and he only fought back in self-defense. He has been eligible for parole since January 24, 1988, and has nearly twice served the fifteen-year minimum of his fifteen-to-life sentence. But he has repeatedly refused to attend parole hearings and makes it clear that he is outright refusing to deal with any aspect of the parole system.
Few understand why Kenyatta refuses parole. Some suggest he must be mentally unbalanced. Kenyatta counters that he is compelled to take this stand because he is innocent of the crime for which he was convicted. To accept parole carries an inherent admission of guilt, Kenyatta says; the only way he will leave prison is unconditionally, with no admission of guilt. (Such a response by a prisoner is “rare,” says New York State Parole Spokesman Tom Grant, who adds that parole commissioners do not determine innocence or guilt—they assume that the inmate has already been found guilty.)
Kenyatta’s protest has brought him close to death. The New York State prisoner database doesn’t mention that Kenyatta won more than a million dollars in a suit against the State of New York’s Department of Correctional Services in 2001, for the state’s medical “failure to treat.” In December of 1994, Kenyatta developed a bladder infection, which went untreated and progressed to renal failure. He was hospitalized, and is permanently disabled. He must self-catheterize several times each day. Two-thirds of the settlement monies are established in a trust for his medical care following his release from prison. If he dies in prison, the state saves a considerable amount of money.
In November of 2002, ibn Kenyatta is scheduled to once again appear before the state parole board. Although he will again refuse to appear, the parole board will act as if he stood before them and the commissioners are again expected to render their parole decision: “Parole denied due to the nature of the crime.” The board will likely give the date for his next parole board appearance as November 2004. (Even if he decided to request parole at his hearing this November, the answer might well be the same. Under the Pataki administration, lifers or those convicted of violent crimes are routinely denied parole. But had Kenyatta requested parole in 1988, when he was first eligible—and when Mario Cuomo was governor—he would have had a better chance of obtaining it.)
Like many of Kenyatta’s friends, I sometimes held his parole refusal position at arm’s length. I didn’t fully understand why anyone would choose to remain confined when he merely had to tell parole officials what they wanted to hear. This was precisely the point, Kenyatta would explain. In his view, a social system like parole rewards dishonesty and crushes the individual expression of integrity. He chose parole refusal, not merely to make a point about his own case, but also to raise broader social issues.
Today, the situation remains at a standstill. Now and again attention is paid–there was an article in the Village Voice in the 1990s, and two documentaries have told Kenyatta and Bandele’s story. Money from the court settlement will be used to establish a production company, which will showcase Kenyatta’s art and writing.
Last year Kenyatta and Bandele worked closely to draft a will. They contacted me to request that I serve as literary executor if he were to die in prison.
Over the years that Kenyatta has fought his one-man battle, the New York State prison system has only grown, locking more people up and holding them for ever longer sentences. The total number of prisoners in New York State is 70,000 and climbing. When I first met ibn Kenyatta in Green Haven prison twenty-five years ago, he was one of only 15,000.
Kenyatta’s Kind of Crazy
How’d you hear about the Communications Workshop?” I asked the tall, thin man behind me, sitting apart from the group. He shifted in his seat and stared out the window beyond me for a second before focusing on my question.
It was spring of 1977. I was teaching communication skills in the prison school at Green Haven Correctional Facility in Stormville, New York, an adjunct to my job as a reporter and editor at the Woodstock Times, a community weekly in the Hudson Valley. On most Fridays we worked on projects—this day it was the prison newspaper.
Every week at least a half-dozen new prisoners visited to consider participation. This man was one of this week’s newcomers. He seemed different from the rest. Most other prisoners who participated in the prison workshop wore bright or colorful shirts with their green state pants. This inmate had the regulation prison white shirt and a full Afro haircut packed close to his head. His eyes shifted away from me, toward the door, as if prepared to bolt at any second.
“I’m someone who checks out these prison programs to see if they’re any good,” the prisoner replied.
“But who are you?” I asked.
“Ah black man,” he replied.
“I know,” I told him, swallowing hard.
“You don’t know,” he answered firmly.
I couldn’t figure out where to take the conversation next, so I also glanced out the window. There wasn’t much in the immediate vicinity that wasn’t institution gray.
“My name’s Kenyatta,” the prisoner finally admitted. “I’m here at Green Haven on the road through life. Most recently by way of Attica.” Any mention of the prison at Attica back then inevitably drew a hush over the room. The notorious rebellion there in 1971 claimed forty-three lives and was in large part responsible for the fact that programs like the communications workshop existed in Green Haven’s prison school. The post-Attica era was an era of hope, grounded in an optimistic vision that crime stemmed from social conditions and “rehabilitation” was not only possible, but it had never been given a decent chance.
But the relaxation of discipline at Green Haven after the Attica rebellion had other, less positive consequences. Approximately 80 percent of the prison’s correctional officers had less than two years of on-the-job experience. Morale was low. The institution was believed to be unstable on both sides of the bars. The state transferred almost as many prisoners into Green Haven back then as it transferred them out to prison facilities around the state. Kenyatta’s transfer to Green Haven was part of this policy.
I spoke to this visiting prisoner about the work of the Communications Workshop, just enough so I didn’t feel as awkward as before. Then, almost in passing, I added, “I live in Woodstock.”
“I suspected you’se were nuts,” he replied.
I raised my eyebrows. “It depends on your perspective, I guess,” I replied. He wasn’t the first person to confuse the town of Woodstock, in Ulster County across the Hudson River from Green Haven, with the 1969 music festival. I wasn’t in a mood for explanations, so I gathered up my papers and attempted to move on to the next activity.
“You know what I mean,” Kenyatta said. “My kinda crazy. You’re crazy, and I’m off the wall to be here at Green Haven after Attica.”
I would discover later that this man always said precisely what was on his mind, without hesitation.
“You’re just learnin about the whys and wherefores of these cagelands. You’ll find out,” he went on.
“Was Attica different?” I asked.
“Are you for real?” Kenyatta responded, as if peering at me from behind a wall. It was as if he used a pair of invisible binoculars and occasionally he squinted to adjust the focus.
“I’m asking you about prisons because I want to know. Be patient. I’m relatively new behind these walls.” It was true. I was young. But it was the innocence and idealism of my youth that helped me get beyond my insecurity about being a white person in a room filled with brown and black faces.
“I’m not tellin you anything when I say all state joints are breedin grounds for rebellion. All them big jails got Orange Crush teams—two-legged mutts wearin orange suits, plastic masks, carryin clubs and guns, with four-legged dogs on leashes, all the time invadin the prisons—tearin up shit. Beatin and terrorizin prisoners.”
I’d seen them and smelled fear in the air on several occasions as the CERT squads rolled through Green Haven’s hallways. Many prisoners called them “goon squads.”
“Is Green Haven an improvement?” I asked.
“This place blew me away. Attica is/was racist, so somethin was always happenin. Green Haven is somethin else entirely. Wide open. Wild. Uptown Saturday night. Riker’s Island moved upstate. I could hardly b’lieve my eyes and ears with all the bedlam and excesses I found my first few weeks here. After Attica, I wasn’t prepared for the madness of ‘The Hav’.”
“Are you saying it’s a pleasant place to be?”
“That’s not what I’m sayin.”
“How long have you been here?”
“Since last September.”
“So tell me more about Attica,” I continued, my reporter nature getting the best of me.
“Uptight. Low-down. I was in D-Block—you know. The infamous D-Block of the Attica massacre. Good thing I got there four years after it was over, or I’d probably be dead now. Didn’t have an easy time at Attica. Just came off ah protest strike right before my transfer to Green Haven. Supportin the ‘good time’ bill in the legislature and airin a list of grievances. The joint was always being locked down for three days to ah week or more for shakedowns so the Orange Crush could come in and search n destroy. We’d wake up at 2:30 a.m. with the sounds of all hell breakin loose.”
“Glad you’re here, huh?”
“This may sound peculiar, but I didn’t wanna leave Attica.”
I’d heard this perspective before. Many prisoners believed the predictability of institutions such as Attica were preferable to the loose-one-day, tight-the-next, unpredictability of Green Haven.
“There’s good programs here at Green Haven, despite the disorganization,” Kenyatta added. He explained that prior to Attica, prisoners were never allowed to design, organize, and teach themselves anything, let alone something with the radical potential of communication.
“You probably can’t see it as clear as I can, since you haven’t been locked up as long as the rest of us,” Kenyatta noted, and then he smiled. As Kenyatta spoke, he had moved his chair closer toward mine. I didn’t notice it at first. Increments of a half-inch bridged the distance until he faced me directly and spoke as if we were the only people in the room. He lowered his voice and its tone became more intense.
“You know and I know the Haven is the hub for most of the political action goin down by prisoners all over the state. So there’s overwhelmin negative activities and tremendously positive elements counteractin in ways that give this place a wild, political, unique flavor.”
“Sounds to me like you’re the nutty one for wanting to stay at Attica.”
“It took me forever, but I finally got my respect there. I established myse’f as not being their average inmate. It ain’t easy startin over—dancin from the bars into one fantasy dream or another.
“Check out the relative freedom at Green Haven compared to Attica,” he noted. “There, all movement is rigidly controlled. Here, there aren’t many gates in the corridors. The heavy gate is where y’all enter the prison to git to the blocks and where we go for the visits—A and B Corridors. When I got here, I’d leave E-Block and carry on all over Green Haven without being stopped or challenged by a guard, and ah lotta times I didn’t even have to show ah pass at the electric gate by the package room. I’d just appear, and the guard would buzz me in one side. I’d go into the package room area, come back out, and be buzzed through the gate to the other side and return to E-Block. I often got ‘lost,’ kinda, during my first week or two here.”
“Freedom is relative, isn’t it? Still feelin’ lost?”
“I’m a runnin man. Runnin from this and that. You’re runnin too. I can tell.”
Of course, he was right.
One Jumped Turnstile, Two Trials, and Many Long Years
When you spend time inside a prison, you quickly discover that it’s not polite to ask directly about a prisoner’s crimes. Kenyatta wasn’t shy in this regard, however, and anyone who demonstrated even a vague interest would hear about not only the crime that landed him behind bars, but also his views about race and social policy in the United States.
In 1974, ibn Kenyatta was twenty-eight, a young man steeped in the Black Power movement. He was determined to share the plight of African Americans with the world, and so he became a writer, working odd jobs in New York to support himself. At the time of his arrest, he had produced thousands of pages of an autobiography in addition to essays on “The Black Condition” and a volume of poetry entitled Requiem for a Black Dog.
There were no telling indicators that this particular young man might end up in state prison. Then, on January 24, 1974, he slipped through a New York City subway turnstile without paying the 35-cent fare. A transit police officer approached Kenyatta, who said he had paid the fare. In the argument that ensued, the officer grabbed Kenyatta’s arm and they fought. Kenyatta was unarmed. He claims the officer beat and shot him, after which Kenyatta took one of the officer’s guns and returned fire.
The scuffle and shootout left the transit officer and Kenyatta with minor injuries. (A scar is still visible today on Kenyatta’s forehead where the officer hit him with a billy club.) Interestingly, the arresting officer who booked Kenyatta wrote down “assault.” But the charge was later ratcheted up to attempted murder: It was the seventies, and the country’s law enforcement establishment, decrying the “war on cops,” was out for blood.
Kenyatta chose not to participate in the criminal proceedings right from the start, convinced the trial would be stacked against him. When the judge insisted he appear in the courtroom, he arrived wearing pajamas. He told the judge, “This is a hypocritical, racist, corrupt, and unjust system that has endured nothing but misabusing and misusing the people of this country.” He refused to give authorities any information about himself except his name, ibn Kenyatta, which could not be confirmed since he had chosen it years earlier.
The first trial ended in a hung jury. Kenyatta’s legal counsel was of the opinion that the second trial’s jurors wouldn’t have been able to agree if the judge had not insisted they continue deliberations. The trial transcript suggests some members of the jury believed the charge of attempted murder was too harsh, and that a lesser charge of assault would have been more appropriate. Kenyatta was sentenced to twenty-one years to life for the attempted murder of a law enforcement officer. Years later on appeal, a judge reduced the sentence to fifteen years to life, as the defendant had not been in trouble previously with the law.
History, Herstory
When ibn Kenyatta introduced me to his “woman friend” Safiya Bandele in the visiting room that summer of 1977, it was like most everything I have come to know about the pair—utterly unpredictable. When the tall, beautiful woman rose from her chair and embraced me, I was stunned. I’d never witnessed a black woman embracing a white woman behind Green Haven’s thirty-foot walls. They called me “Sister,” and over the years their letters to me have always been addressed to “Sister Marguerite.”
Here are the facts on Safiya Bandele: She and Kenyatta met in 1969. She coordinated his defense committee for his two trials. Today, she is director of the Women’s Center at Medgar Evers College in Brooklyn. She is well-respected in New York City as a community activist, an advocate for women’s issues, and frequent commentator on the criminal justice system. She and Kenyatta are now planning to marry.
Through visits and letters, I learned even more about this extraordinary couple. Kenyatta was born in rural Alabama in the countryside outside Mobile, one of eleven children born to Emma Lee. He never knew his father, and never heard him referenced. He was named “Class Artist” when he graduated from high school. Shortly after, his mother died, and Kenyatta joined his older sister and her family in Harlem. He began to write and seriously study African American history. He was living with his high school sweetheart when he met Bandele.
Over the years I also told Safiya and Kenyatta about myself. I was active in the civil rights movement of the 1960s, and earned my badge of honor—an arrest record—at demonstrations. An eleventh-generation American from Philadelphia, I have Quaker ancestors on both sides of my family who served as conductors on the Underground Railroad. For a good part of my life, I lived under the assumption that my hands were clean of any stain of slavery.
Then, when I was researching my genealogy in the 1980s, I came across an inventory from the early 1700s, which listed the possessions of one of my ancestors after death. Listed along with farm livestock, tools, and other possessions was “one negro man.” It seems that even among the Quakers—a group that would later play a vital role in the abolitionist movement—there were some who held slaves.
I told ibn Kenyatta about this in a letter. He was surprisingly lighthearted about my discovery, suggesting that he might be the living spirit of this “one negro man,” who in my life would personally represent the issues of the African American experience in these United States.
By then, I was used to unexpected twists and turns in the story of ibn Kenyatta and Safiya Bandele. So I shouldn’t have been surprised when Kenyatta first told me that he had decided to refuse parole.
The Right of Refusal
New York state prisoner ibn Kenyatta has served time under three governors—Hugh Carey, Mario Cuomo, and George Pataki. For nearly three decades, he has been a witness to their legacies as writ in the state prison system. Kenyatta has seen the total number of prisoners in New York state grow from 15,000 to over 70,000. He has watched as new get tough” policies reverberated through the prison system. Fixed sentences, rarely invoked compassionate release laws, and a mandate to grant parole only sparingly mean that, though crime in the state has dropped dramatically, prison population growth has more than made up for the decline in new recruits. That means more prisoners are dying behind bars than ever before.
Also while Kenyatta was behind bars, prisons became big business in New York. In 1988, the state spent twice as much on higher education than on prisons. In 1999, prisons came out $100 million ahead. Some critics of the state’s “prison industrial complex” fear that, as a key component of the state’s economy, prison bloat has come to stay. Others even suggest that the state’s criminal justice policies encourage populous prisons for other reasons—like the thousands of jobs busy facilities bring to economically depressed areas. The inmates of the Mid-Hudson Valley’s “prison belt,” say critics, lie perilously close to the surface of the region’s economy and the awareness of any who care to look closely.
Kenyatta simply doesn’t fit into the current scenario. He has refused parole since he became eligible in 1988, as he will not accept the assumption of guilt that accompanies it. At a time when inmates are far more likely to protest the rarity with which the state parole board releases prisoners, Kenyatta flatly refuses a privilege for which many are fighting. His message of parole refusal is one few people—fellow prisoners and parole officials alike—want to hear. And his protest has been largely drowned out by the persistent drumbeat of political rhetoric that grows louder as the prisons grow larger.
Though Kenyatta, who is fifty-six, keeps a low profile at Fishkill Correctional Facility in Beacon, New York, his writings and art work shake the perspectives of many who encounter him. And both supporters and detractors recognize one basic fact about the man, even if they don’t agree with him. He is standing up for what he believes is right. He has chosen to label himself a “U.S. Constitution Slave,” in reference to the Thirteenth Amendment: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Kenyatta believes imprisonment is slavery redefined for the twenty-first century. In its latest American incarnation, he says, slavery has manifested as the highest incarceration rate on Earth. The United States boasts 5 percent of the planet’s population and one-quarter of its prisoners. Many young people of color are given an unacceptable choice: a lifetime of poverty, or a lifetime of crime (with prison a likely outcome). He refers to correctional facilities as “Prison Plantations.” And these plantations, he says, are “no longer just black and no longer just male.” There are also “whites, Latinos, blacks, women, children, old people, all of them locked up.”
For Kenyatta, parole requires an act of ultimate submission: the admission of guilt. Kenyatta maintains that he is not guilty of attempting to murder a law enforcement officer in 1974. He insists that he acted in self-defense. He accepts the possibility that continuing to deny any guilt may mean dying in prison. Several years ago, it almost did. His brush with substandard prison healthcare in 1994 won him more than $1 million in damages, and permanent disability.
Even death in prison is a divisive subject in New York. Despite the existence of a compassionate release program, the death rate in the state’s prisons is much higher than that of most other states. Between 1992 and 1998, only 215 of more than 2,000 who died in custody were released for medical reasons, suggesting that these laws are not invoked as often as they could be. Critics assert that medical parole remains a political, not humanitarian, issue.
Parole of any sort is first and foremost a moral issue for Kenyatta. “Some people would try and convince me it’s in my best interest to say I’m guilty when I’m not and accept parole,” he writes. “But getting out in the streets is not freedom to me. My burden is that of being black. And when I thought of the fact we are born dying, it hurt me for such a long time. I felt betrayed. But there is no escape. We’re not going to live but for so long and I’ve come to terms with this. I’ve realized my life and death can be used in the service of making a point about life in general and specifically about life here on the Prison Plantation. I love life, but everyone I know dies. I won’t be an exception to the rule, but I have a choice. Yes, my journey is perilous. But I’m on loan to the struggle. It’s my destiny to dance this particular dance.”
Relatively few have heard about this prisoner’s unusual stance. He has been dismissed as unrealistic, a dreamer, a self-appointed martyr marching to the beat of a different drummer. Responds Kenyatta: “Maybe that’s true, but I like the drummer I hear. We’re in tune and have perfect rhythm. If others don’t hear my drummer, at least maybe they can hear their own.”
His Life, and His Life Sentence
It was late afternoon when I laid my head to rest against the seat on the train headed toward New York’s Grand Central Station. I’d just spent six hours with Kenyatta, on my first visit in years. It was mid-February of 2002, twenty-five years after I first met Kenyatta at Green Haven’s prison school, and his fiancée, Safiya Bandele, shortly thereafter. The sun was setting over the Hudson as I reviewed not only the day but also the long years of knowing Kenyatta and Bandele. I had witnessed their struggle from afar, and here I was back again, passing through the Hudson Valley landscape I’d loved but hadn’t enjoyed like this for years, rolling on the rails south to the city.
Bare trees streaked by the train window as I was carried past marinas, warehouses, and people waiting at stations. Back at the prison, time had stood still. Even Kenyatta appeared in a perpetual state of waiting.
When Kenyatta first told me about his decision to refuse parole, I knew better than to argue. It was his life, and his life sentence, after all. I said something like, “I suppose you know what you’re doing.” Soon thereafter, I recall remarking in jest to a friend that Kenyatta had the most unusual freedom committee requirements I’d ever encountered. There were no letters to write in support of his release from prison, no public officials to convince. My participation was simple. I didn’t have to do a thing.
In 1988, when Kenyatta was first eligible for supervised freedom, he made it clear he wasn’t interested in cooperating, stating his intent to the parole board chairman. Kenyatta wished to be unconditionally released to the African American community in New York, from whence he came and to which he intended to return and make a significant contribution. He made it clear that he would leave prison on his terms, not theirs.
Then came the year from hell, 1994. Kenyatta fell ill. At the same time, he was scheduled to appear before the parole board, and had declined to cooperate. A guard cited him for refusing a direct order to leave the cellblock and report to the parole board. Kenyatta argued that parole was a privilege and therefore not mandatory, but that didn’t prevent him from spending two days in solitary confinement—a.k.a “the box,” “the hole,” or “segregation.” Bandele and a group of close friends in New York bombarded the warden’s office with phone calls. Kenyatta was removed from “the box,” but the calling campaign continued until he was finally sent to a hospital ten days later.
Bandele’s wrenching account of Kenyatta’s illness describes a man within days of death. Yet he showed no signs of retreating from his parole refusal position. More than one person in Kenyatta and Bandele’s circle of acquaintances dropped their support of what they considered a crazy position. Some hung on. “I don’t like to speak about Kenyatta refusing parole,” says friend and former inmate Trevis “Spiritwalker” Smith. “Not because he’s wrong, but because my place is to be his brother and support him, no matter what choices he makes. He believes in something. So many people don’t believe in anything.”
In 1999, Kenyatta finally appeared before the state parole commissioners—but only to explain why he continued to refuse parole. He wasn’t permitted to read the formal statement he’d constructed. He left with no resolution. His next parole hearing is in November 2002.
‘Sit Up Straight and Exercise’
Fishkill Correctional Facility in Beacon is housed in the same buildings as the former Matteawan State Hospital, an asylum for the criminally insane. The place conjures images of old brick buildings, straitjackets and shrieks, tranquilizers, shock therapy, and confinement in dark holes from which there is little likelihood of return to the ordinary world. It is a crazy man’s world.
The accoutrements of insanity are long gone, and Fishkill looks like any other prison. Some of the inmates here, however, leave touched with a certain kind of crazy that the prison can’t suppress—Kenyatta’s kind of crazy. Though his influence over the prison system remains frustratingly insubstantial, the effect he’s had on the lives of individuals—directly and through the telling and retelling of his story—are not. “Among people on the inside who are conscious,” says Smith. “Kenyatta is a hero. I am among the people he has taught. He leads through action and life experience.”
Former inmate Vernon “Giz” Giscombe was searching for what he wanted to be—when he met Kenyatta. Giscombe had just taken a class in commercial art at the prison, and his teacher had forced him to enter a piece of his work in a prison art contest. “I did,” he says, “and the piece was stolen by some officers. I was thrilled, almost as if it had been sold.” One day Kenyatta walked by Giscombe’s cell, checked out his work, and told him, “You need to stop playing and apply yourself.” Every night thereafter, Kenyatta gave Giscombe feedback. He in turn watched Kenyatta’s progress on a self-portrait, of his eyes. “One day an officer walked by who hadn’t been on the block before,” says Giscombe. “When he saw the eyes on the wall, he jumped back. That’s how real they looked. I could literally see his hair stand up on end.”
“I thought about who he was and what his art meant and somewhere along the line, I just took off in my art. After I learned more about him, it hit me how he’d lost everything but he’d lost nothing. He taught me how to turn the negative into positive. He never told me what to do, only he’d talk about what was going on, in the present. After I got out, I continued working with art and now I’m a teacher at an after-school center. I use art and sports to identify with kids—forty-two of them. Of that total, thirty-two are fatherless—in prison, dead, or strung out on drugs. I use art work with them, in the same way Kenyatta taught me.
“His example always fascinated me inside the walls. I just couldn’t keep myself from examining who he was and what he was doing,” says Giscombe. “He never lifted weights in the prison yard like a lot of the guys. But I watched him, lift his leg vertical and stretch. And then one of the other guys in the yard told a story about him—some guy who was at Attica with Kenyatta. He told me about how there had been two short poles in the outside prison yard. They had no obvious use and had been there a long time.
“Kenyatta figured out how to do seventy-five exercises with those two poles. He’d go outside and just work on the exercises he made up. Then one day some officers took the poles away. Kenyatta asked why and the guys in the yard speculated it was because he’d found a positive use for them. That story stuck with me, like the story of the eyes. It was another example of making something positive out of what was available. Through his example I’ve learned how to stand and walk upright, just like I’m teaching the kids. Kenyatta once told me, ‘Sit up straight and exercise.’ Now I walk upright because of knowing ibn Kenyatta.”
Meddling with the Course of the World
The situation as it stands today offers some hope that Kenyatta will be released, though perhaps less hope that he will accept the terms. Bandele has been working with African American politicians like New York Congressman Major Owens to negotiate Kenyatta’s release, and several Brooklyn elected officials have taken an interest. Lennox Hinds, the prominent lawyer who handled Kenyatta’s medical suit, is committed to seeing his client released.
All this is true, says Kenyatta. But there are no assurances, because no mechanism exists for his release that does not involve parole. Even an executive clemency application before the governor isn’t acceptable—clemency is merely a shortening of the sentence in which the prisoner is then handed over to the parole board for supervision. And no New York governor has issued a pardon, which erases guilt, since 1945. Nor does parole guarantee freedom. There is nothing on the other side of the prison door to support the slaves, he says, many of whom are broken and damaged, returning to the streets without jobs and running with hearts full of rage. As for himself, Kenyatta says he wouldn’t be completely honest if he didn’t admit to a small reservoir of bitterness held against the injustices of the world—though he resists it.
“I am like the peasant that the Greek writer Kazantzakis describes, who leaps on the stage to meddle with the course of the world,” says Kenyatta. “I don’t need much to be happy. When I speak to other prisoners, it is in this same spirit—of finding happiness and not hurting other people in the process. As far as me going home is concerned—well, the system can do what the system wants to do. The powers that be—they’re able to do what’s needed. It all depends on how much pressure is applied, whatever is expedient. And some people say that the state is not going to budge because I’m a black man and what I’m asking for—to be returned to the African American community through a process of unconditional release—has never been done before.”
“This doesn’t scare me. This doesn’t depress me. It doesn’t make me feel less energetic, less committed. This situation is much bigger than me.”
Author’s Note: Special thanks to Will, the taxi driver who specializes in delivering people to the Hudson Valley’s prisons, and to the men and women of the New York State Department of Correctional Services who made my visit to ibn Kenyatta possible.
Click here to go to Kenyatta’s letter to Marguerite Kearns.
This article was originally published in two parts, on February 7, 2002, and March 7, 2002.
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Statement of February 25, 1999, which ibn Kenyatta attempted to present to commissioners of the New York State Division of Parole:
Parole Commissioners:
A free man in chains. A free man defined by the bars, steel and cages of the New York State prison system. For ten long years i have turned my back on your parole system. Refused to get down on my knees and beg for what is already mine.
There are those among you who say i am crazy. That such a position requires the attention of the state’s most clever psychiatrists. But what would they find, my friends? And what they find, would they then tell that truth to the world? That i am a man, an Afrikan man, who is determined to stand tall on the firm ground of what i know to be right and truth. i stand on my conscience.
You may be puzzled why i call you “my friends.” i do so because we are here together facing a crisis. That dramatic shift in our national economy some years ago so that people of color are now most hard-hit …
—by industry bailing out and going overseas, what they call “capital flight”
—by new businesses locating in suburban areas
—by de facto residential segregation
—by increased rates of minority unemployment or employment in service sector jobs where low pay rates are notorious
This isn’t your personal policy decision or your fault any more than it is mine, but it is the responsibility of all of us to face what is happening. And this cold-hearted reality steels my decision and determination to refuse parole all these years.
It was necessary to get your attention. To bring this critical matter to the attention of everyone to take a closer look.
We can solve the problem of “capital flight” with “capital punishment,” and more of the same of what you have been requested to do—keep prisoners in prison for longer and longer periods of time.
i know the Governor of this state has instructed you to teach us a lesson. What is termed the “6/7 = 85% sentence-served” parole release date. Or George Pataki’s proposed elimination of parole for all felons entering the system (and there’s this sick prison joke which says it would then be even more in your self-interest to hit the rest of us to “save” your jobs).
Still, it is understandable how the manufactured fear of crime makes ordinary citizens want to demonstrate a show of force with law-breakers. It reinforces how force is an acceptable way of educating people. But lawmakers and parole commissioners cannot easily squeeze underneath that mantle of ignorance.
And how can you be so happy in learning that the only way to get crime statistics down is through incarceration? The incarceration of Afrikan and Latino Amerikans, the poor and other minorities? Why should such grim statistics draw applause? And if the recidivism rate points to 40% of nonviolent parolees returning to prison after three years, locking them up has always been the easiest part of the social contract. But where is the necessary social infrastructure in place for them in the community, so that they won’t have to resort to criminal activities?
What ever happened to wise and compassionate government? None of us are all bad or all good. “Felon,” “criminal” and “parolee” have become such dirty and fearful words in Amerikan society. But shouldn’t government also be about the healing of society, not just the enforcer of some of its most draconian laws?
Freedom from slavery is still sought in this country. Slavery continues in our land with incarceration rates the highest on Planet Earth. Did someone actually say 1.8 million and counting? And, thus, the 13th Amendment is alive and well.
The descendants of slaves, most Afrikan men like myself, still go to bed at night with the ring of chains and leg irons in our awareness. Generations of black children are matter-of-fact about seeing their parents in bondage. And lynching has been updated to take place in electric chairs and hospital beds.
i stand here today to remind you that force is counterproductive. Sooner or later someone like myself will say “No.” This is not the way. And others like myself will increasingly turn their backs on a system that is horrified when people beaten down by a shattered economic system become dysfunctional, violent or use drugs to create their own version of The Amerikan Dream.
And it’s not universal when we hear all the colorful talk about a great economic upswing in the Amerikan economy, or see the full-page “Help Wanted” ads in the daily papers, because within the Afrikan and Latino communities there has always been a recessed and depressed, down-sized economy.
i am not apologizing for criminal activity. Mine. Yours. Or the criminal activity of the state and federal government.
We all have to hold ourselves accountable.
i am guilty of jumping a turn stile in the New York City subway system. It was foolish and a rash act of youth. i regret having done it.
But i was supposed to have been issued merely a summons (for “theft of service”) back in 1974, not nearly have my life taken. i stand responsible for defending myself against an officer of the law who viciously attacked me with three of the four weapons he carried. i was unarmed. He had two guns, one nightstick, and a billy club (with lead in the tip). i am fortunate to be here alive to tell this story.
For two trials, during which i entered a plea of not guilty, i refused to participate in what i believed was a travesty of justice. i had nothing. No money to defend myself. No friends in government or the corporate world.
i had nothing but my conscience and a strong sense of what was right.
i went to the courtroom in my underwear to protest my innocence, just like i, over TWO DECADES later, make an equally defiant statement by refusing to get down on my knees before a parole board, accepting guilt and supervision by a flawed and complicit state bureaucracy.
i still insist i am not guilty of the charge. To be on parole would fly in the face of my own conscience and humanity.
You might wonder why i’ve come before you today. Because the time has come for you to hear from my own mouth why we must face this human rights crisis together.
i am not here to ask for mercy or parole, but to speak for myself, as well as for those whose voices have been shattered or muffled. Who does it serve for the great-grandchildren and great great grandchildren of slaves to grovel before you? To get down on our knees, wail and moan about an economic system which has given us a bad check of freedom, as Dr. King would say, for which there are insufficient funds to collect?
When you wave your magic wand of parole, you are merely sending people broken by your prison and criminal justice system back to the plantation fields of Brooklyn, Harlem, the Bronx, and inner cities all over the nation.
These same thoughts linger among the wives, girlfriends, children, and extended families who stand in lines outside these state prisons, for 100 years that the state prison system has been in place, as they pass through locked doors and accept handcuffs and cages as part of their ordinary reality.
The longer i stay here, the more people will become clearer about the need for us to face this human tragedy together. i am already free and clear in my own mind. And that freedom/self-freedom of mind means far more to me in this lifetime than the possibility of accepting parole supervision on the street.
It ultimately comes down to this perennial face-off of self-interest vs. best-interest. i am ready to face the challenge. Are you?
The following is a transcript of the Kenyatta’s appearance before the New York State parole board on February 25, 1999: STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF PAROLE ———————————————————————————- In the Matter of IBN KENYATTA INST. # 74-A-3701 NYSID ————- ———————————————————————————- TRANSCRIPT OF PROCEEDINGS at a hearing held in the above-entitled matter by the … Continue reading Before the Commissioners→
The following is a transcript of the Kenyatta’s appearance before the New York State parole board on February 25, 1999:
STATE OF NEW YORK
EXECUTIVE DEPARTMENT
DIVISION OF PAROLE
———————————————————————————-
In the Matter
of
IBN KENYATTA
INST. # 74-A-3701
NYSID ————-
———————————————————————————-
TRANSCRIPT OF PROCEEDINGS at a hearing held in the above-entitled matter by the State of New York Executive Department, Division of Parole, on the 25th day of February, 1999, Fishkill Correctional Facility General, Fishkill, New York.
BEFORE:
COMMISSIONER VANESSA A. CLARKE
COMMISIONER MARIETTA S. GAILOR
PRESENT:
ALEXANDER YANUKLIS, S.P.O.
EDAPPARA MATHEWS, F.P.O. I
ROBERT MROCZEK, F.P.O. I
LINDA W. WHITMORE
COURT STENOGRAPHER
Q: You are Ibn Kenyatta?
A: Yes.
Q: Mr. Kenyatta, I am Commissioner Gailor. With me today is Commissioner Clarke.
COMMISSIONER CLARKE: Good morning to you.
THE INMATE: How are you doing?
COMMISSIONER CLARKE: All right.
Q: You are reappearing before the Parole Board serving a 15-year-to-life term for attempted murder, A-1, and a seven-year definite term for criminal possession of a weapon in the third degree; is that correct?
A: Yes. That’s right.
Q: You were found guilty of these offenses after trial.
A: Yes. I was found guilty.
Q: Did you appeal these decisions?
A: I appealed, and I also am not guilty of these charges.
Q: What is the status of your appeal?
A: Well, I am still working on it.
Q: So, you have a pending appeal, right, open?
A: Well, yes.
Q: The reason that I say that is because we make a record of our interview here with you today, and that record could be subpoenaed by any court. Now, we wouldn’t want you to say anything on the record that could jeopardize your appeal. Do you understand?
A: Yes.
Q: Now, you initially saw the Parole Board–
A: I never saw a Parole Board. This is 10 years. I decided to come because I wanted to. I thought that you should get a chance–
Q: You refused in 1996.
A: From ’88 to ’98.
Q: Okay.
A: I decided to come today because I felt that after a decade I should see who I am–who was administering over me. And I have a message that I would like to put on the record.
Q: Okay.
COMMISSIONER CLARKE: Okay, Well, you know, you waited 10 years, more than that. This is your opportunity to say what you would like to say.
A: It is a written statement that I would like to read.
COMMISSIONER CLARKE: How long is it?
THE INMATE: Three pages.
COMMISSIONER CLARKE: We don’t want you reading anything into the record. If you want us to review that document and make copies of it, we will review it.
A: Well, it is a statement to the February of 1999 Parole Board.
COMMISSIONER CLARKE: This is the Parole Board, you are here now, so tell us what you wanted to tell us.
THE INMATE: I have it here, I would like to–
COMMISSIONER CLARKE: You can refer to it. Just let us know. Talk. This is a conversation.
THE INMATE: Conversation?
COMMISSIONER CLARKE: We are having a conversation, talking back and forth.
THE INMATE: Basically, it is just dealing with–
COMMISSIONER CLARKE: We are talking to you and you are talking to us.
THE INMATE: It is, basically, dealing with why I have been refusing parole to appear–
COMMISSIONER CLARKE: Okay.
THE INMATE: –all of this time. I think that after 10 years, I should have permission to at least acknowledge why I have not been here.
COMMISSIONER CLARKE: Okay. You are here. Tell us whatever you want to tell us.
THE INMATE: Well, it is a statement. February of 1999 Parole Board. Dear Parole Commissioners, a free man in chains, a free man confined by the bars and the cages of the New York State prison system. For 10 long years I have turned my back on your parole system, refused to get down on my knees and beg for what is already mine, that those among you who say I am crazy, that such a position requires the attention of the State’s most clever psychiatrists.
COMMISSIONER CLARKE: All right, Mr. Kenyatta, that’s it.
THE INMATE: You don’t want me to finish the statement?
COMMISSIONER CLARKE: You are not going to be allowed to read this, your personal journal, into the record. No, you can’t do it. Tell us whatever you would like to tell us. If you think that you shouldn’t be, as you say, on your knees before the Parole Board, I don’t know where you would come up with such a thing, but if that’s your opinion, then that’s your opinion. You don’t have to–
THE INMATE: It is not just my opinion, you don’t understand the terror that the Board has on the men and women that have to come before you. I mean, they, these are guys, women, are very bad in the street. When they come to this, they are out there trembling. For what? I mean, it is unfair the way that the Governor has set it up that there is six, seven, 85%, most of the guys know when they come in, they know that they are not going to go home.
COMMISSIONER CLARKE: Well, that’s also the opinion of maybe yourself, maybe others.
THE INMATE: Well, since I’m not allowed to read my statement to the February of 1999 Parole Board–
COMMISSIONER CLARKE: Just tell us what you want to tell us. I mean–
THE INMATE: I prefer–it took me a good while to construct this.
COMMISSIONER CLARKE: Give us your written statement, let’s have the statement.
THE INMATE: Thank you.
COMMISSIONER CLARKE: Okay. I said that before if you wanted us to read it we will certainly read it.
THE INMATE: As a matter of fact, I don’t think that–if I can’t put it on the record, then I don’t think that I should have anything else to say. I am not looking for parole. I didn’t come here for parole.
COMMISSIONER CLARKE: Now, you realize that you have to be interviewed before a decision could be made to release you.
THE INMATE: I am not interested in that. I am interested in conditional release. I am interested in the charges of that I was convicted of–
COMMISSIONER CLARKE: You realize that you are serving a life sentence, sir?
THE INMATE: I understand that.
COMMISSIONER CLARKE: You said, conditional release.
THE INMATE: Unconditional release.
COMMISSIONER CLARKE: You are saying “unconditional release?”
THE INMATE: Unconditional release.
COMMISSIONER CLARKE: Because there is no conditional release in your case.
THE INMATE: No. No. Got no CR.
COMMISSIONER CLARKE: Do you want this back?
THE INMATE: No. I want you all to keep it.
COMMISSIONER CLARKE: All right.
THE INMATE: So, I think that that’s about it.
Q: That’s all you want to say to us?
A: I wanted to put the statement on the record, but since I’m not allowed to read it, I will just go back to my cell and wait for another two years.
COMMISSIONER CLARKE: The inmate has submitted a document, statement to the February of 1999 Parole Board, basically, a personal–
THE INMATE: I think it is important.
COMMISSIONER GAILOR: It is a summary of his feelings toward–
COMMISSIONER CLARKE: The system.
COMMISSIONER GAILOR: Yes.
COMMISSIONER CLARKE: You are, basically, railing against the system and you feel that being incarcerated constitutes slavery–
THE INMATE: I think it is an important document, personally.
COMMISSIONER CLARKE: You can have a seat, Mr. Kenyatta.
F.P.O. I. MATHEWS: Sit down.
COMMISSIONER CLARKE: Unless you would like to leave.
THE INMATE: I am free to go.
F.P.O. I. MATHEWS: They didn’t give you the order–
THE INMATE: If I can’t read it into the record, then I am going to leave. I appreciate, you know, the time that you all gave me.
COMMISSIONER CLARKE: Thank you.
Q: Thank you.
(Whereupon the inmate was excused from the hearing room at this time.)
(Off-the-record discussion between Commissioners at this time.)
DECISION:
Denied, 24 months, 11/2000.
Parole is denied due to the serious nature and circumstances of the instant offenses, attempted murder, criminal possession of a weapon, third, wherein records indicate that you shot a transit officer four times, resulting in his incurring serious physical injuries. A complete review of your record and your statement to the Board, dated 2/99, has been reviewed and considered. This Panel believes that you are an unacceptable candidate for release to parole supervision.
Parole boards across the nation routinely refuse parole to prisoners, but prisoners rarely refuse parole when it’s offered. There are cases on record, however: In Colorado in 1996 and 1997, more than 2,500 prisoners refused to attend parole hearings to protest what they considered harsh parole guidelines. Often prisoners choose to serve their maximum sentence … Continue reading Parole Refusal→
Parole boards across the nation routinely refuse parole to prisoners, but prisoners rarely refuse parole when it’s offered. There are cases on record, however: In Colorado in 1996 and 1997, more than 2,500 prisoners refused to attend parole hearings to protest what they considered harsh parole guidelines. Often prisoners choose to serve their maximum sentence rather than be subject to parole supervision. (With a five-to-ten-year sentence, for example, they would prefer to serve the full ten years rather than accept parole and be out on the streets after five.) These examples amount primarily to silent protests behind the scenes, and on many occasions involve individuals who maintain their innocence.
I have always been interested in ibn Kenyatta’s artwork and poetry. They help me grasp, in small measure, his perspective and experience of living in a black skin. In his view, race was merely a matter of which of us was sprinkled with the most pigment at birth. Throughout his prison years Kenyatta has used … Continue reading Kenyatta’s Artwork→
By Marguerite Kearns
I have always been interested in ibn Kenyatta’s artwork and poetry. They help me grasp, in small measure, his perspective and experience of living in a black skin. In his view, race was merely a matter of which of us was sprinkled with the most pigment at birth.
Throughout his prison years Kenyatta has used his art, writing, and other creative pursuits as a distinctive form of commentary, one filtered through the prison experience. Both his drawings and poetry address the human condition, oppression, and the power of the individual in social change. Curators of his works use “social justice themes” when describing his art.
For example, “The Judicial Lynchin of Eve” is a 24 x 28 charcoal drawing of a silhouetted young African American girl, Eve Postell. In 1978, at age fourteen, she was sentenced to 114 years in prison for murder. The image includes prison bars, shackles, and an earring forming the letters 114.
A drawing of the late Billie Holiday has the lyrics to her song “God Bless the Child” sketched over her beautiful, ravaged face. A 1979 drawing of Safiya, “Black Graffiti,” includes dozens of “terms of endearments” surrounding her face.
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