High-Risk Incentive Program {Template for officials}

(Place and date)

Subject: Grant the right to rehabilitation program for Mississippi Death Row offenders

Mr. (see names below)

In 2007, Mississippi Commissioner of Corrections, Mr. Christopher Epps, created a rehabilitation program to curb the violence in Mississippi prisons, specifically in Unit 32 at Parchman.

Under the direction of then Superintendent Mr.Emmit Sparkman (now Det. Comm.) The two created the high-risk incentive tier program, and it has proven to be a valuable tool for improving the quality of life for the offenders that have participated, as Mr. Epps stated in a interview. They were able to reduce violence, and ultimately the offender population from 1,000 to 300 high-risk offenders, eventually closing Unit 32 in December 2010.

What was failed to mention is that under this program and policy, Death Row offenders are classified to participate, but are being excluded. There are not any differences between DR and state offenders classified as high-risk. They are under the very same guidelines, policies, rules, and regulations. It appears the only difference is that Mr. Epps, and Sparkman are under the impression the men on DR are not worthy of a better quality of life.

You seem to think DR offenders don't deserve the opportunity to broaden their minds and better their health; they are forced to sit inside cages, while their minds and bodies deteriorate. You seem to believe DR offenders are of a higher risk, because you house the high-risk state offenders in the very same building.

On June 13 2012, the majority of DR offenders wrote to officials and requested that they expand their high-risk incentive program. They did this, because the administration already use DR offenders as tier workers for the sole purpose of sanitation. Only three tier workers are allowed at any given time. What is bad, is that even the three tier workers are even discriminated against. These men are not allowed any of the incentives that should come with being a part of the program. The only incentive DR are offered is a piece of "steak" if they are good for six months to a year.

Regardless of what any have done to be on DR, regardless of your position on the death penalty, regardless of your faith; those offenders ARE PEOPLE. It has been proven repeatedly that some of them will not remain on DR and a percentage of them will be re-sentenced to life in prison or exonerated and set free.

With that fact in mind, it is reasonable to ask: Why are they being discriminated against and punished as their social faculties and health deteriorate. There is no productive, positive programs for DR, because someone choose not to include them in anything, but classification with the high-risk offenders.

On June 13 2012, they asked DR offenders are required to follow and abide by all rules and regulations that the high-risk state offenders are suppose to follow. They were told to "act" human, while being treated less than animals would. The animal rights organizations would be appalled at their treatment, if they were animals.

Why not people?

Their adherence to the rules, their non-violent stance, their mutual respect for guards and officials are without a doubt a proven fact officials continue to ignore.

For all these reasons, I respectfully urge you to grant the right to rehabilitation programs for Mississippi Death Row offenders.

Sincerely,

_________________________________________

Name and full address

Please, send the previous letter to:

CHRISTOPHER B. EPPS, COMMISSIONER

723 N. President Street Jackson, Ms. 38738

Phone number: (601) 359-5600

Email: cepps@mdoc.state.ms.us

EMMITT L. SPARKMAN DEPUTY COMMISSIONER (INSTITUTIONS)

723 N. Pesident Street Jackson, Ms. 38738

Phone number: (601) 359-5610

Email: esparkman@mdoc.state.ms.us

Earnest Lee Superintendent (MSP)

P.O. Box 1057 Parchman, Ms. 38738

Phone number: (662)745-6611

Email: elee@mdoc.state.ms.us

Mississippi Department of Corrections Contact List

General Information (601) 359-5600 CHRISTOPHER B. EPPS, COMMISSIONER (601) 359-5600 cepps@mdoc.state.ms.us EMMITT L. SPARKMAN DEPUTY COMMISSIONER (INSTITUTIONS) (601) 359-5610 esparkman@mdoc.state.ms.us JERRY WILLIAMS, DEPUTY COMMISSIONER (COMMUNITY CORRECTIONS) (601) 359-5618 jjwilliams@mdoc.state.ms.us RICK McCARTY, DEPUTY COMMISSIONER (ADMINISTRATION & FINANCE) (601) 359-5297 rmccarty@mdoc.state.ms.us GLORIA PERRY, MD CHIEF MEDICAL OFFICER (601) 359-5155 gperry@mdoc.state.ms.us RON KING, SUPERINTENDENT (SMCI) (601) 394-5600, EXT. 1200 rking@mdoc.state.ms.us JAMES M. HOLMAN, SUPERINTENDENT (CMCF) (601) 932-2880, EXT. 6201 jholman@mdoc.state.ms.us EARNEST LEE SUPERINTENDENT (MSP) (662)745-6611, EXT.2305 elee@mdoc.state.ms.us DAVID SCOTT, SPECIAL ASSISTANT ATTORNEY GENERAL (CENTRAL OFFICE) (601) 359-5671 dscott@mdoc.statr.ms.us LEONARD VINCENT, GENERAL COUNSEL (662) 745-6611, EXT. 2308 lvincent@mdoc.state.ms.us JIM NORRIS, GENERAL COUNSEL (MSP) (662) 745-6611, EXT. 2308 jnorris@mdoc.state.ms.us KEN NORTH, DIRECTOR, CORRECTIONS INVESTIGATION DIVISION, (601) 359-5715 knorth@mdoc.state.ms.us LEE McTEER, DIRECTOR, COMMUNITY CORRECTIONS REGION I, (662) 332-1975 lmcteer@mdoc.state.ms.us CHRISTY GUTHERZ, DIRECTOR, COMMUNITY CORRECTIONS REGION II, (601) 933-2887 EXT. 6180 cgutherz@mdoc.state.ms.us PHONGAM "LEK" VIRUTH DIRECTOR, COMMUNITY CORRECTIONS REGION III, (601) 736-8033 vphongam@mdoc.state.ms.us CLINTIS McCRAY, DIRECTOR OF TRAINING (601) 359-5708 cmccray@mdoc.state.ms.us RITA TWINER, DIRECTOR, PURCHASING & PROPERTY, (601) 359-5606 rtwiner@mdoc.state.ms.us BEVERLY WALTERS, DIRECTOR OF ELECTRONIC MONITORING (601) 359-5677 bwalters@mdoc.state.ms.us JOHN HOPKINS, DIRECTOR, TREATMENT & PROGRAMS, (601) 359-5304 jhopkins@mdoc.state.ms.us DORIS MCDONALD, DIRECTOR OF CLASSIFICATION (601) 932-2880 (ext 6252) DMcDonald@mdoc.state.ms.us JOE COTTEN, DIRECTOR INMATE ACCOUNTS /COMISSARY (601) 359-2935 jcotten@mdoc.state.ms.us MAX CATHEY, DIRECTOR FLEET / PROPERTY /WAREHOUSE (601) 359-5032 mcathey@mdoc.state.ms.us CHAPLAIN EUGENE WIGELSWORTH DIRECTOR OF RELIGIOUS PROGRAMS (601) 359-5788 cwigelsworth@mdoc.state.ms.us GRACE SIMMONS-FISHER, DIRECTOR OF COMMUNICATIONS (601) 359-5608 gfisher@mdoc.state.ms.us AUDREY McAFEE, DIRECTOR OF MANAGEMENT INFORMATION SYSTEMS (601) 359-5636 amcafee@mdoc.state.ms.us BILL GREENLEAF, DIRECTOR OF POLICY, PLANNING, RESEARCH & EVALUATIO (601) 359-5601 bgreenleaf@mdoc.state.ms.us SHARON PEPPER, DIRECTOR OF HUMAN RESOURCES (601) 359-5666 spepper@mdoc.state.ms.us RUBY WEATHERS, DIRECTOR OF JOB RECRUITMENT (601) 359-5703 rweathers@mdoc.state.ms.us PATRICIA DEAN-WILSON, DIRECTOR OF LOSS CONTROL (601) 359-5799 pdean-wilson@mdoc.state.ms.us DILWORTH RICKS, DIRECTOR OF VICTIMS SERVICES (601) 359-5628 / 1-866-522-4087 dricks@mdoc.state.ms.us MICHAEL WHITE, DIRECTOR OF REGIONAL & PRIVATE PRISONS (601) 359-5573 mwhite@mdoc.state.ms.us SHERRY ROBINSON, DIRECTOR OF RECORDS (601) 933-2889 recordsdirector@mdoc.state.ms.us STANLEY BROOKS DIRECTOR OF AGRICULTURAL ENTERPRISES, (662) 745-6611, EXT. 4255 sbrooks@mdoc.state.ms.us RICHIE SPEARS, DIRECTOR OF INTERSTATE COMPACT (601) 359-5650 rspears@mdoc.state.ms.us

Juveniles in Adult Prisons

Mississippi has 50 Death Row Inmates

Mississippi has 50 Death Row Inmates. 2 Women who are housed in Pearl, and 48 men housed at Parchman. On 6-12-12 33 of the men at Parchman requested to be allowed to participate in the, "High-risk Incentive Program". The request was denied. The men have now filed APR'S to settle this matter in court. They need our support to make this happen.

Family, Friends, and Comrades

In 2007, Mississippi Commissioner of Corrections Christopher Epps created a rehabilitation program to curb the violence in Ms. prisons. Specifically in Unit 32 at Parchman. Under the direction of then Supt. Emmit Sparkman (now Det. Comm.) The two created the high-risk incentive tier program, and it has proven to be a valuable tool for improving the quality of life for the offenders that have participated. As Mr. Epps stated in a interview. They were able to reduce violence, and ultimately the offender population from 1,000 to 300 high-risk offenders, eventually closing Unit 32 in December 2010. What Mr. Epps, and Sparkman has failed to mention is that under this program, and policy Death Row offenders are classified to participate, but are being excluded. There are not any differences in DR, and state offenders classified as high-risk. We are under the very same guidelines, policies, rules, and regulations. It appears the only difference is that Mr. Epps, and Sparkman are under the impression the men on DR are not worthy of a better quality of life. They think we don't deserve the opportunity to broaden our minds, and better our health. They force us to sit inside cages, while our minds, and bodies deteriorate. They can't believe DR offenders are of a higher risk, because they house the high-risk state offenders in the very same building. On 6-13-12 The majority of DR offenders wrote to Mr. Epps, and Sparkman, and requested that they expand their high-risk incentive program. We did this, because the administration already use DR offenders as tier workers for the sole purpose of sanitation. Only three tier workers are allowed at any given time. What is bad, is that even the three tier workers are even discriminated against. These men are not allowed any of the incentives that should come with being a part of the program. The only incentive DR are offered is a piece of "steak" if they are good for six months to a year. That is like giving your dog a treat snack for sitting up or rolling over. With the great success of Mr. Epps, and Sparkman high-risk incentive programin Unit 32 (Where DR was housed FYI). Why are we still being treated like animals? We are people. Reguardless of what any have done to be on DR. Reguardless of your position on the death penalty. Reguardless of your faith. WE ARE PEOPLE. It has been proven repeatedly that some of us will not remain on DR. A percentage of us will be re-sentenced to life in prison, or exonerated, and set free. With that fact in mind, it is reasonable to ask. Why are we being discriminated against, and punished as our social faculties, and health deteriorate. There is no productive, positive programs for DR, because Mr. Epps, and Sparkman choose not to include us in anything, but classification with the high-risk offenders. On 6-13-12 we asked. DR offenders are required to follow, and abide by all rules, and regulations that the high-risk state offenders are suppose to follow. We are told to "act" human, while being treated less than animals would. The animal rights organizations would be appalled at our treatment, if we were animals. Why not people? Our adherence to the rules, our non-violent stance, our mutual respect for guards, and officials are without a doubt a proven fact Mr. Epps, and Sparkman, along with Ms. elected officials continue to ignore. We are not seen as people, which our treatment testifies to. We are not given basic respect as humans. Furthermore...... Officials constantly use scare tactics in the media to make the public fear DR, so they can continue to mistreat us. The simple truth is that we are trying to educate ourselves, so that we are better able to rehabilitate ourselves, as we fight our convictions, and sentences. Our cases are ACTIVE from day one in the courts. So we should be able to be ACTIVE in order to properly fight them. Make no mistake about it, we are fighting for our lives. We need our mental and physical health to meet the demand our cases impose on us. More so, than any group of prisoners in any system. I have to ask... why are Mr. Epps, and Sparkman so reluctant to include us in a program that is tried, and true? The de-humanization make me question their motives. All of this should be made clear so that when you contact them, you can question their motives too. Here is some food for thought. James Billiot has been found incompetent to be executed. Unlike everyone else James remains on DR. Mr. Epps, and Sparkman allows James outside of his cell for 20-30 minutes each day (Proven their belief that we need some form of program to heal mentally, and physically.) I am under the firm belief James is allowed out in order to heal enough for the state of Ms. to put him to death. Why is James being allowed out, and no one else? DR is not asking to be let loose in society. We are simply asking to be allowed to participate in humanity like every other prisoner. We need you to contact Comm. Epps, Deputy Comm. Sparkman, Superintendent Earnest Lee and any, and all Ms elected representatives. Ask them: 1) Why are we being discriminated against, and dehumanized? 2) Why are they housing, and classifying DR alongside state offenders as high-risk offenders, but only giving state offenders the opportunity for a better quality of life? 3) Why are they only using this incentive program (without incentives being given) to: A) Heal James Billiot only to execute him? [B)] Use DR for sanitation? Please Help Us! Joesph Brown Ms. Death Row CHRISTOPHER B. EPPS, COMMISSIONER 723 N. President Street Jackson, Ms. 38738 (601) 359-5600 cepps@mdoc.state.ms.us EMMITT L. SPARKMAN DEPUTY COMMISSIONER (INSTITUTIONS) 723 N. Pesident Street Jackson, Ms. 38738 (601) 359-5610 esparkman@mdoc.state.ms.us Earnest Lee Superintendent (MSP) P.O. Box 1057 Parchman, Ms. 38738 (662)745-6611 elee@mdoc.state.ms.us Links that prove Mr. Epps, and Sparkman say one thing, but do another. http://www.aclu.org/blog/prisoners-rights/senators-hear-dangers-long-term-solitary-confinementhttp://hrcoalition.org/node/221

Mississippi Burning. The need to end Mississippi death machine, it's RAC...

Mark Clements and Michelle Schmude speaks on the need why the State of Mississippi needs a chapter of the Campaign to End the Death Penalty. We need you the people of Mississippi to recognize that without a voice! your love one's have no chance nor opportunity to really achieve what they seek...and that's justice rather then injustice. The death penalty all across the U.S. is racist and barbaric to the core.

Dissenting Opinions in the Joesph P. Brown Mississippi Death Row case

There was a 5-4 decision DICKINSON, PRESIDING JUSTICE, DISSENTING: Under Mississippi Rule of Appellate Procedure 22(c)(4)(ii), Brown unquestionably was entitled to the files and discovery he requested. But because a procedural statute conflicts with the rule, the majority says the statute must control. I do not believe the Legislature has the authority to pass procedural rules in the first place; and I certainly do not agree that procedural statutes should control over conflicting Court rules. The majority is in a different view, so I respectfully dissent. CHANDLER, J., JOINS THIS OPINION. KITCHENS, JUSTICE, DISSENTING: I am unable to agree with the majority's finding that the trial court did not abuse its discretion in denying Brown's discovery request. Brown argues that he is entitled to all records pertaining to his conviction and sentence, as well as the investigation and prosecution of his case, pursuant to Mississippi Rule of Appellate Procedure 22(c)(4)(ii). The majority finds that Rule 22(c)(4)(ii) is inapplicable because it pertains to matters "Preliminary to Proceedings in the Supreme Court," and because the rule is intended to allow a petitioner to gather information to support an application to this Court for leave to file a motion for post-conviction relief in the trial court. Maj. Op. At 7. Thus, the majority finds that, once Brown was granted leave by this Court to file his application for post-conviction relief pursuant to Mississippi Code Sections 99-39-13 through 99-39-23, he was required to show good cause in order to obtain discovery to Mississippi Code Section 99-39-15. Maj. Op. At 8. I agree with the majority's analysis of Rule 22(c)(4)(ii) and its applicability to matters before this court; however, I am persuaded that Brown has shown good cause under Section 99-39-15 for the discovery of all files pertaining to his conviction and sentence, as well as files from the investigation and prosecution of his case. Without these files, Brown is without the means to develop an evidentiary basis to prove his claim of ineffective assistance of counsel. Accordingly, the majority is remiss in concluding that Brown failed to show that he received ineffective assistance of counsel, given that he did not have available to him all of the information that pertained to this case for possible development of that claim. Brown was granted leave of this court, in part, to appeal on the issue of whether his lawyers' failure to seek an independent mental evaluation constituted ineffective assistance of counsel. Brown v. State, 749 So. 2d 82, 93 (Miss. 1999). This court directed Brown to file all discovery requests with trial court. Id. In the interim, Rule 22(c)(4)(ii) was revised in 2000 to include its present-day language, which provides: Upon appointment of counsel, or determination that the petitioner is represented by private counsel, the petitioner's prior trial and appellate counsel shall make available to the petitioner's post-conviction counsel their complete files relating to the conviction and sentence. The state, to the extent allowed by law, shall make available to post-conviction counsel the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed and the prosecution of the petitioner. (Emphasis added.) Pursuant to this rule, Brown filed a motion with the trial court seeking discovery of all the filesof his trial counsel, as well as the complete files of law enforcement and prosecutorial agencies involved in the investigation and prosecution of the capital murder charge against him. Brown's motion was denied by the trial court. Because Brown did not have benefit of the current version Rule 22(c)(4)(ii) at the time he applied for leave of this Court to file an application for post-conviction relief with the trial court, even if Rule 22(c)(4)(ii) does not apply at this stage of the proceedings, I believe Brown has shown good cause for discovery pursuant to Section 99-39-15, as he has never received the complete files related to his conviction and sentence. The majority reasons that, since the case was remanded on the issue of whether counsel was ineffective in failing to obtain an independent mental heath expert, then Brown was entitled to his mental health records only. However, without benefit of one hundred percent of the files pertaining to the investigation, prosecution, conviction, and sentencing of the charged crime of capital murder, Brown did not have access to essential material with which to attempt to develop and assert his claim of ineffective assistance of counsel. Because discovery was withheld from Brown, I cannot agree that his ineffective assistance of counsel claim can be decided on its merits. The appropriate disposition for the instant case is a remand to allow for discovery, followed by a new evidentiary hearing on the issue of ineffective assistance of counsel, as it relates to a lack of mitigating evidence via an independent mental health expert of Brown's choosing. KING, J., JOINS THIS OPINION. DICKINSON, P.J., JOINS THIS OPINION IN PART.

191853

The State of Mississippi residents have been victimize for well over eighty decades as the result of willie lynch style justice. The Mississippi communities must take a stand against the DEATH PENALTY and injustice toward the poor residents. Fredrick Bell remains on death row in the State of Mississippi despite evidence which clearly shows that he is innocent. On Saturday, July 14, 2012, at 11:00AM join the Conference call as we mobilize with the residents to start a chapter of the Campaign to End the Death Penalty. Call Saturday at 11:00PM 218-339-4300 and the access #152872.