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UNITE THE PEOPLE NEWSLETTER

AUGUST 2018

In 2017, ​Unite the People​, formerly known as ​We the People Org​, began the
process of writing a ballot initiative with a goal of releasing the nearly 3,000 Californians
locked up for nonviolent third strikes under our State’s mandatory sentencing law.
Although we lacked the time or financial resources to move our initiative to the ballot in
time for the November 2018 elections, we started a powerful grassroots movement of
dedicated volunteers and family members with loved ones who have been unjustly
incarcerated. Our immediate objectives now are to grow our membership, raise the
financial resources we will need for a ballot fight in 2020 ​(approximately $2 million)​, and
begin preparing to launch signature gathering efforts for ​The People’s Fair Sentencing
& Public Safety Act​ by the Fall of 2019. We are also working on a legislative effort with
the California Assembly and Senate to allow early release and re-sentencing for
nonviolent third strikers.

We are determined to make a difference and bring an end to mass incarceration!

A MESSAGE FROM OUR FOUNDER, MITCH MCDOWELL

I'd like to start by saying THANK YOU to the hundreds of


volunteers that have joined our organization’s efforts to reform
California's 3 strikes sentencing structure. My sincerest thank you
goes out to our core group of members (too many to name) who
have spent tireless hours day and night lending their time and
expertise to advance our cause. Without you all we wouldn't have
gotten anywhere, so to you I give many thanks.
I would next like to briefly explain what happened with our 2018 initiative. The People's
Fair Sentencing and Public Safety Act of 2018 gained much traction and public
awareness and, despite its ultimate failure to qualify, had a really incredible all-volunteer
effort toward gathering the 500k signatures needed to qualify for the ballot. Originally,
our initiative's deadline was July 16th.

Even though attaining the funding needed to qualify strong for the ballot was a struggle,
we still had a couple months left to achieve our goal when the Secretary of State's office
announced they were moving up the cut off date to submit signatures to May 11th.

Their reason was that due to the amount of initiatives filed for this years ballot, they
wouldn’t have the allotted time to count the signatures to qualify for the 2018 ballot if
date was not changed. You could have still continued to gather signatures and turned
them in, but those would be used to qualify for the 2020 ballot. Receiving this surprising
news of the earlier cut off date definitely caught us off guard. As much as it hurt myself
as well as the others in our organization, I had to make a decision.

My decision was to pull the initiative on the 2018 campaign and focus all of our
momentum towards the 2020 ballot. With us filing our initiative again in approximately
12-13 months from now, that allows us the time to build our volunteer base, increase
our funding stream, and really be ready to push harder and stronger for the 2020 ballot.

Just like the majority of us in our organization, I also have a loved one, my younger
brother, doing life in prison for a nonviolent 3 strikes case. If you are affected by this
inhumane law, either by being incarcerated or a loved one of someone incarcerated, we
at UTP want you all to know that ​WE WON'T STOP UNTIL YOU GUYS ON THE
INSIDE ARE HOME!!!

In closing, I want to leave you with this... there is power is in numbers!! We have the
numbers, we have the people, and we have partner organizations all working with us to
create change. Now all we have to do is to come together, work together, and most
importantly -- NOT GIVE UP!!! Asking nicely for change, for the system as a whole to
treat people humanely, doesn't work. It hasn't worked yet, and won't work until we all get
fed up with this unfair treatment of the disadvantaged community. I'd like to extend my
personal invitation to all people, and all other social justice organizations out there, to
join us in this movement to DEMAND FAIR SENTENCING LAWS!!! Let's not talk about
it anymore, we know what the problem is and why it is, we've talked about it long
enough, it's time to DEMAND CHANGE AND BRING OUR LOVED ONES HOME!!!

-Mitch (​mitchell_mcdowell@unitethepeople.org​)
STORIES FROM OUR COMMUNITY

CEASAR’S STORY

Ceasar McDowell has been given three


concurrent life sentences​ ​under California's
"Three Strikes" law, with his third strike resulting
from a ​non-violent​ domestic dispute.

Background: In his community, Ceasar was well


known for being a great father to his children
and a hard working provider for his wife and
children. He was always very involved in his
children's schooling, after school programs, and
taking the kids to-and-from school daily.

One day after returning home, Ceasar was


missed their proms, birthdays, holidays, the
informed that his wife and the mother of his
births of his grandchildren, etc. His children were
children was having an affair with a local
also deprived of their father.
Riverside, California police officer. This was the
cause for Ceasar and his wife to have an With no good time credits allowed for the
argument that lasted on and off for a few days. majority of his sentence​ ​(fortunately, Prop 57
There was screaming and yelling about the changed this and he has accrued 10 months so
affair, which is not unusual for a married couple far)​, ​Ceasar will have served nearly 25 years
in this circumstance, but there was no physical before attaining eligibility for parole, at a cost of
harm or violence. nearly $2 million to California taxpayers.

As Ceasar packed his things to leave while they This is just one of the many examples of the
still continued to argue, the neighbors, unfair over sentencing that has lead to mass
over-hearing the argument, decided to call the incarceration. If you would like a short story of
police. This phone call to the police ended with how over sentencing has affected you or your
Ceasar, who was 26 years old at the time, being loved one included in our newsletter or to be

sentenced to three concurrent life sentences shared on our social media pages please mail
them to:
under California's draconian "Three Strikes" law
- for criminal threats, misdemeanor false
imprisonment, and misdemeanor child Unite the People ATTN: Dawn
endangerment (arguing in front of a child)​.
1040 W. Kettleman Lane #262
Now, 18 years later at 44 years old, Ceasar has
Lodi, CA 95240
missed out on his children's entire lives. He's
FIGHTING FROM THE INSIDE OUT

more than join this battle, we must lead it. Unite


the People is here to challenge the status quo
by becoming the organization that is truly ours.

This is the platform and current strategy:

1.We need 10,000 committed inmates to donate


$5 per month for one year. ($600,000)
2.We need 10,000 inmates to secure at least
one family member or supporter to donate $10
per month for one year. ($1,200,000 plus)

A successful campaign requires financing, which


is the central aspect of legislating. If we believe
My name is Cedric Pierce and I’ve been in and move forward as a whole with this
incarcerated for 20 years. strategy, we - the inmates - will produce at least
$1.8 million in 12 months. This does not include
Time and time again, I’ve stayed up awaiting the the amount raised by additional fundraising by
results of an initiative that would have affected UTP.
my circumstances, only to be disappointed. I’ve
also witnessed initiatives pass, but due to I’m personally donating a minimum of $5 per
ambiguous interpretation, only foster minor month and have enlisted 5 family members to
changes. donate $10 per month. If each of us commit, a
small sum will grant us success. There is a cost
It is the objective, at Unite the People, to and sacrifice for our freedom. The questions is,
surpass past results. Unlike other organizations, are you willing to help pay the price?
we are not associated with politicians with a
base to contend with; we are simply freedom
fighters. This organization is about us, the Until next time... Live, Dream, Inspire
inmates affected by abusive sentencing policies.
-Cedric
Inmates will not only be included, but relied upon
to make this initiative a success. Our voices and
concerns will be heard and addressed. This Mail donations to:
gives us the unique advantage of crafting Unite the People ATTN: Dawn
legislation that provides maximum relief for 1040 W. Kettleman Lane #262
abusive sentencing policies. We are the ones Lodi, CA 95240
who suffer the extreme conditions of living in
Donation link:
prison therefore we must become the biggest
https://www.unitethepeople.org/donate
advocates of prison reform.

We can no longer wait for liberation, we must


position ourselves to be liberators. We must do
CONTRACT CHANGES TO HEALTHRIGHT360 -
DETRIMENTAL EFFECTS

Contract changes and budget cuts to HealthRIGHT 360 could have some detrimental effects on
long-term released offenders.​ U ​ nite the People​ has joined with pastor Dennis Martinez to become a
part of the public awareness campaign and grassroots organizing to get funding reinstated for this vital
program. We need to support efforts such as Dennis’ to ensure our loved ones succeed. In the article
below, Dennis has briefly written about the reentry program and effects funding cuts will have.

By Dennis Martinez 30-days at a transitional housing facility and


then be asked to venture out on their own.
With the onset of the It is our position that a transition modality that
new HealthRIGHT does not afford the LTRO population the
360 contract for 2018 above-mentioned resources is a recipe for
– 2019, the language increased recidivism in this population and will
for Lifers/Long Term be extremely detrimental if we do not take a
Released Offenders stand and just turn a blind eye to this matter.
(LTROs), which once
afforded them Having treated over 200 LTRO’s in the past
services and 5-years at my training center alone, I have
resources for witnessed upon release, these individuals will
residential treatment has been removed. These have a plethora of issues to face, such as
services have been the backbone and success general anxiety with reintegrating back into a
of the LTRO Program. society that has left them behind. These
What this means is that if the individual has no individuals rarely have a grasp of a cell phone or
current substance use issues or disorders, they computers.
cannot be placed at a treatment center. The
organization will no longer provide the benefit of We have recorded success stories of
personal guidance, support, resource participants who have completed the 180-day
management or encouragement of an assigned reintegration, which began with 90-days of
treatment specialist. residential treatment, that are extremely
noteworthy and will surely outweigh the
Individuals will be placed in transitional housing expectation of a reduced program modality.
with only the benefit of a house manager Help us put pressure on the right people:
between the hours of 10pm–6am. Case
Management will only be provided by their AOR GOVERNOR'S OFFICE
(Parole Agent of Record), or by the Kristina Lindquist 916-445-0873
community-based program, STOP (Specialized Be sure to ask Governor Brown’s office for a
Treatment for Optimized Programming). follow up call w/responses from the
Governor
Furthermore, the contract allows STOP to
evaluate them out of the program as they feel CDCR COMMISSIONER
the individual’s needs are met. This means • Brian Roberts
someone who has been incarcerated for a long (​916) 956-4031​
duration of time could possibly do a minimum of
CURRENT LEGISLATION OF INTEREST IN CA

AB 665​ — Veterans who were convicted of a felony prior to January 1, 2015 who may have
suffered various PTSD or other emotional issues as the result of their service to petition for a
recall of sentence under specified conditions. This bill passed the legislature but is currently
held in the Senate Appropriations Suspense file, pending budgetary action to provide funds for
implementation.

SB 1242​ — Adds language requiring additional conditions to grant parole be codified, including
demonstration of remorse and insight, reasonable time free of disciplinary, realistic post release
plans, all of which are already part of parole consideration, though not in legal terms. The real
purpose of the bill, would be to exclude from YOPH consideration those prisoners whose victim
was a peace officer or former peace officer. This bill has been referred to the Senate Committee
on Public Safety.

SB 1437​ — Proposed change to the felony murder rule, that would remove malice from
consideration in a crime unless the individual charged personally committed the homicidal act,
acted with premeditated intent to aid and abet that act where in death occurred or the person
was a major participant in the underlying felony and acted in reckless indifference to human life.
It would also be retrospective, providing a method of resentencing those convicted of first or
second-degree murder under the felony murder rule or the natural and probable consequences
doctrine. This bill has passed the Senate and is now in the Assembly Appropriations Committee.

SB 1279​ — An act to amend Section 1170.1 of the Penal Code, relating to sentencing. Double
the base term-Active Bill-This bill is in committee process

AB 2138​ — Licensing boards: denial of application: revocation or suspension of licensure:


criminal conviction-Active Bill-This bill is in committee process

SB 1393​ — An act to amend Sections 667 and 1385 of the Penal Code, relating to sentencing-5
year enhancement-Assembly Appropriations Committee

Contact information to voice support or opposition for these bills can be found at:
https://www.senate.ca.gov/committees
https://www.assembly.ca.gov/committees

FEATURED CRIMINAL DEFENSE PARTNER - TOM LOVERSKY

Tom Loversky has been practicing everything. Third – he lays out a game-plan
exclusively criminal defense law in the to defend your case. Finally, he will quote
Southern California area since 1989. He you a ​fair, affordable​ fee based on the facts
distinguishes himself by his passion for both and the game-plan you agree on.
his client’s well being and for social justice
causes.
Tom will also donate a portion of his retainer
Tom will do four things when you meet – fee back to Unite the People so we can
and they are all designed to help you stand up for under-served communities,
understand you or your loved one’s case. fight against mass incarceration, and defend
First, he digs in and gets as many of the those who would otherwise be unable to
facts about the case as he can. Second, he defend themselves.​ He comes highly
explains everything; the law, the process, recommended for anyone needing defense
the consequences, the possible outcomes. services in the Greater Los Angeles and
He makes sure his client understands Southern California area.

Call 888-245-9393 for a free initial consultation.


FINAL THOUGHT: IS INCARCERATION ACTUALLY SLAVERY?

As the county bus comes to a halt amidst the


backdrop of razor wire, stone-faced buildings,
and officials donning jade green uniforms, the
reality of doing time moves beyond the confines
of restricted freedom and becomes one of
servitude, deplorable conditions, and
substandard health care; far beyond the
consequence of the action(s) resulting in the
sentence.
Medical options that would be available to an
individual freely living in society are many times
While the United States makes up a mere 5
albeit removed from the already limited options
percent of the world's population, the U.S.
those doing time have in deciding health care.
incarcerates a staggering 25 percent of the
world's incarcerated people.
Food on the inside lacks the nutritional value
that’s needed to foster good health and the
As perplexing as it sounds, slavery has changed
alternatives provided via canteen are heavily
face since the initial days of abolition by the 13th
inflated, causing an undue financial burden that
Amendment to the U.S. Constitution. Many
many men, women, and their families cannot
states are using prison labor to bring in money
shoulder.
for private companies as well as the states that
employ this practice. California is one such state
There has been a growing culture of abuse,
that actively uses prison labor to benefit these
racism, and excessive force, reminiscent of the
major companies, many of which are corporate
past we thought we left behind, at the hands of
donors who support and invest in sustaining
prison officials on those incarcerated in the
mass incarceration.
prison system. Oftentimes these occurrences
are overlooked, unreported, or not reported at
What should have been an outright ban on the
all.
practice, the 13th Amendment contained a
clause that allowed slavery and involuntary
The use of prison(s) has become a revolving
servitude as “punishment for crime whereof the
door ensuring the slave labor that drives the
party shall have been duly convicted". So while
mass incarceration boat. Mandatory minimums,
we gave up one evil for a ‘lesser evil', the result
Three Strikes Law, and other egregious
was a modern day slavery that exploits these
legislation keeps that revolving door rotating on
men and women for cheap or free labor while
its axis.
being subjected to dehumanizing treatment
which has become normalcy.
We must continue to create more awareness to
the problem of mass incarceration to shed light
The prison labor industry yields over $1 billion a
on the existence of modern day slavery practice
year, while paying inmates cents per hour, a
in a flawed justice system. The answer lies in
practice that would come under intense scrutiny
exposing these draconian sentencing practices
with employment labor lobbyists, outside of
and the laws that put them in place.
prison walls. The prison system has long been
the subject of intense debate surrounding
inadequate or inaccessible health care.
-In Solidarity, the UTP Team

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