Journal David Paul Hammer 2004

 

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-January 2004 
-Thursday, July 1
-Tuesday, July 6 
-Tuesday, July 13 
-Thursday , August 24 
-Friday, August 25
-Wednesday, September 1
-Sunday, November 14
-Sunday, December 18

 

 

 

 

 

 

January 2004 

Death is Different                                                                                                                                     

 

 

I am sitting here in an isolation type cell at a United States' Penitentiary in Pennsylvania. My stay here will be a short one. I was transported by the United States Marshals' service several days ago. Our trip from Terre Haute, Indiana to Williamsport, Pennsylvania was uneventful. Being aboard a small, private government jet was an experience most federal prisoners never have. Con-Air, not the movie, but rather the US Marshals' transport system, uses large planes for the most part. It seems that condemned prisoners, however, are exempt from that normal mode of transportation. I'm not complaining mind you, I'm just jotting down these thoughts as they come.

My transfer (temporary in nature) is a result of pending legal matters. The court will conduct a hearing on Friday, January 16th to determine my competency to forego more legal challenges in my case and to have the sentence of death inplemented in the near future. This is more of a formality than anything else. My competency has never been an issue, but, the courts and all involved want to be assured that no mentally incompetent person is executed. If this wasn't such a serious issue I'd bust out in a fit of laughter

Earlier this week, an inmate was to be executed in the state of Arkansas after being forced to take medication to make him competent enough to be executed. This practice has the seal of approval of the United States Supreme Court. I assume the execution in Arkansas went forward as scheduled. I have no access to newspapers, TV, radio, telephone or visitors while on this little court-ordered journey, so I cannot say with certainty that Charles Singleton was killed, but, I suspect the governor in Arkansas didn't intervene in the case.

Numerous US Supreme Court opinions written since 1973 have announced that in regards to the punishment of convicted individuals, the punishment of "Death Is Different." I wonder if the Justices and former Justices honestly felt that way then, or if they feel that way today? The highest court of the United States will decide several cases relating to the death penalty prior to the end of the 2003-2004 term, which ends on June 30th 2004. This is a presidential election year, so any major favorable decisions on the use of Capital Punishment is doubtful. I hope this prediction is wrong!

In my opinion what makes the use of the death penalty different is how it is used, when it is used and on whom. Minorities, poor people and thise who reside in certain sections of this country, those are the people who face and receive this punishment. It's arbitrary amd no amount of tinkering with the death penalty system can fix it. The worst part is that many innocent men and women have been sentenced to death. Only the science of DNA has saved these 100 plus innocent persons from the executioner. What about the majority of death penalty cases where ther is no DNA evidence available? There is little, if any dispute that innocent people have already been executed in this country. These alone are reasons enough to stop the "machinery of death" as the late Honorable Justice Blackmum wrote in his last death penalty case.

The TV news programs which I viewed prior to my departure from Terre Haute were full of the major legal cases to be heard and decided during 2004. Sports figures, a "Home Maker" tycoon and others were previewed. Missing amongst the glimpse into the future news stories were those where normal everyday citizens will be on trial for their lives. Deathg is different because so few people in this country care one way or another about capital punishment.

During the many debates between the Democratic candidates for President the issue of capital punishment has seldom, if ever been mentioned. Why? It's not a hot button political issue because Americans have remained strongly in favor of this punishment.

In a matter of weeks my own life will be taken by the executioner's employed by the US Government. They are killing me in the name of "you, the people." My death will come with no fanfare, no media circus like that surrounding Timothy McVeigh's 2001 execution. Few of "you, the people" will even be aware of what is happening or why. To me, it seems strange that I'm being put to death for my crimes against "you, the people." No, I'm not a terrorist, or a bank robber, I took the life of a fellow inmate behind the walls of a federal prison. I am the first person convicted of such a crime, to be sentenced to death in the history of the federal death penalty. I hope I am the last. So, I bid a fond farewell to "you, the people." I hope you will say a silent prayer, or drink a cold beer or something as I'm strapped onto the gurney with drugs being pumped into my veins. Oh yes, Death IS Different, ain't it? I'm dying because "you, the people", through your elected officials have said I should. With 290 million people in this country I must be killed in your name so that others will be deterred from committing the crime of murder. There's about as much of a chance of that happening as there is of George W. Bush and his administration being honest with the American people about the wars they have declared. Even though I'm being killed in the name of you, the people, I'm still damn proud to be an American, where freedom is only one exceutioners' injection away!

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Thursday, July 1st
Road Trip  

 

Damn, what a roller coaster ride it’s been these past few months! I’m not exactly certain where to start as I attempt to write these words .

Obviously being alive and able to communicate here is far more than I expected at this time last month. I was in the process of living out my final days and preparing to be executed on June 8th. I will explain later how I received word of my stay of execution which was issued by a three-judge panel of the United States Court of Appeals for the Third Circuit sitting in Philadelphia, Pennsylvania on June 3, 2004.

For now I will skip ahead and provide some facts and details about my current situation. As I write these words, I do so in a solitary isolation cell at the United States Penitentiary in Lewisburg, Pennsylvania. I have only a two-inch pencil with which to write. No desk or heard surface to use, so I improvised. (My desk consists of a rolled up wool blanket with a book on top for a writing place.)

On Friday, June 25, 2004, I was taken by bus from death row to the local airport. The trip is a short one of approximately twenty miles. By 8:00 AM the bus with me and eighteen other inmates aboard arrived safely at the airport. We waited there until 11:05 AM for the U.S. Marshals’ transport plane (con-air). After a lengthy shakedown (pat down search) and boarding process, we departed Terre-Haute, Indiana at 12:00 noon. The plane made additional stops in Michigan, Illinois and Minnesota before reaching our final destination . . . the Federal (Bureau of Prisons’) Transfer Center in Oklahoma City, Oklahoma. I was escorted by a team of Deputy Marshals and BOP guards from the plane. The restraints were removed, a strip search conducted, and a medical examination including x-rays was mandatory. Having been issued clothing and instructed to dress, I promptly followed each and every order. An additional round of security precautions involving a hand held metal detector and a chair called “THE BOSS” (you sit in the hard, high back chair which resembles an electric chair) took place. These finely tuned devices are designed to detect any metal items one may have concealed in his mouth, nose, ears, ass or penis. Oh yeah, “’ole’ Boss Chair,” he’s quite an invention. Once the strip search, x-rays and metal detectors pronounced me clear of any secreted contraband, the restraints were reapplied and at 6:45 PM a quartet of BOP’s finest assisted (and I use that term loosely) me to the 7th floor hold (lock-up) where I was unceremoniously lodged for my stay there. “Welcome home David, to the state of your birth and the city of your youth!” Yeah right . . . when considering that only days ago the plan was for my physical remains to be shipped back to Oklahoma for a funeral and burial, I suppose I can’t complain too much about this trip. At least I’m aware of the glass being half filled as opposed to it being completely empty.

I spent two uneventful days and three nights confined to a segregation cell at the FTC. Phone calls and visits were not allowed there. The food was okay, and I made the best of the situation. The worst part of my brief stay in Oklahoma City was the unrelenting noise created by some mentally disturbed inmate two cells away from me. He screamed, cursed, hollered, banged, kicked the door, sang songs, and fought invisible foes for hours and hours at a time. His behavior caused other inmates on the unit to express their anger and aggravation by yelling and cursing at him. If the guy had any comprehension of the havoc and turmoil he created, there was no sign of it.

Bright and early on Monday morning, June 28, 2004, I was taken back to the R&D (Receiving and Discharge) area, strip-searched, issued clean clothing and shoes, placed in restraints, and told to wait. Thirty minutes later someone from the medical staff arrived and gave me two morning injections of insulin.

I boarded the plane at 8:10 AM, and we departed shortly thereafter. The plane was a 727, and full to capacity (inmates, Deputy U.S. Marshals and pilots). The flight from Oklahoma City to Harrisburg, Pennsylvania took approximately three hours. Other than some turbulence, the flight was non-eventful.

At Harrisburg I was transferred over to two Deputy U.S. Marshals from Williamsport, Pennsylvania. They also had three prisoners who were already in the van when I arrived. From the airport we traveled to the Dauphin County Prison in Harrisburg where the other inmates were surrendered to the authorities there. I remained in the van with one Marshal. This stop was brief; lasting approximately fifteen minutes.

Our next stop was at a Burger King restaurant drive through window. I was treated to a double cheeseburger, french fries, and a coke. The food was mighty tasty and greatly appreciated.

By 5:00 PM I was sitting in a holding cell in the R&D area at USP-Lewisburg. Processing was quick and painless. From R&D I was escorted here to the Special Housing Unit (SHU) and placed in a newly constructed isolation cell where I now reside. (More to come soon.)

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Tuesday, July 6th
Settling In

 

 

I’ve been here at USP-Lewisburg for just over one week now. I miss my friends and associates on the row at Terre Haute. I especially worry about Jeff because of his mental/emotional state. He wasn’t doing very well when I left on June 25th.

My conditions of confinement here are far less than satisfying, but I’m dealing with this situation as best as I can. Nothing worthwhile ever happens quickly in a prison environment. As I’ve written many times over the years, the motto I associate with a prison existence is “Hurry up and wait.”

I am being housed on the Special Housing Unit (SHU); a recently renovated unit designed to hold inmates on administrative and/or disciplinary segregation status. There are two specially designed cells designated as high/max cells. I currently occupy one of them. The other is empty. I am held here not because of any disciplinary problems I’ve caused, but rather because I am under a sentence of death. The staff have all treated me very professionally, but with a higher degree of security measures than any place I have ever been incarcerated previously. Overkill is the term which comes to mind.

The cell furnishings consist of a concrete slab with a two-inch mattress, a stainless steel shower, toilet/sink combination, and a small mirror attached to the wall. There is no desk, stool, chair or storage space. My clothing (all prison issued community clothing previously worn by countless other, this includes underwear and socks) is folded neatly and stacked on the floor at the end of the concrete slab. Other items of personal property such as two books and my legal materials are stacked at the opposite end of the bed on the floor. In order to write, I roll up my mattress and place it against the back wall, using that as a chair. I then use the edge of the concrete slab as a writing surface. In prison one learns to improvise and make do with what is available.

I have requested that I be allowed to receive visits and make telephone calls. So far these request have not been answered, and at present visits and phone calls are not allowed.

I am not allowed any outdoor exercise at all. I am not allowed access to a law library, and I am held in total isolation with absolutely no contact with other inmates. The video camera mounted in the corner of the cell provides the staff with twenty-four hour surveillance of my every move and action.

So far I have yet to be provided with any explanation for the harsh environment other than “You’re from death row.” Bear in mind that I was not transferred here due to any misconduct or disciplinary problems. I am here solely because I decided to fight in court against the United States government’s attempts to kill me. These strict prisoner-of-war-like conditions are ordinarily used as a form of punishment for having violated prison rules within the federal bureau of prisons. Even the ADX super-max federal prison in Florence, Colorado has prison conditions which are less stringent than those which I am currently under.

The bottom line is this . . . certain people within the United States Department of Justice and its agencies are pissed that they were not allowed to execute me on June 8th as planned. In a press release the DOJ stated that . . . “Hammer is just manipulating the system.” This in response to the stay of execution issued by the Federal Appeal’s Court on June 3, 2004. Yeah right, like I have/had some personal control over three United States Circuit Court Judges.

So now the government, through its agents and employees, will attempt to get their revenge by punishing me for exercising my constitutional rights to fight in court to live. Only in America under an Attorney General like John D. Ashcroft is such a punishment not only authorized, but encouraged or demanded. Thanks John.

I am determined to withstand whatever comes my way because I am a survivor. I get depressed at times, and I feel hopeless and ready to give up . . . but deep within each of us there lies that spark of life which calls out “Don’t surrender to death.” I won’t!

Many of you reading these words have written to me in recent weeks. Please know that I am grateful for each card and letter. In the coming days and weeks I will attempt to respond to each of you. Receiving words of support and encouragement from y’all has been a lifeline for me. Now that I have an opportunity, I will be in touch by mail.

I keep reminding myself that no matter how many obstacles I have to face, at least I am still alive to do so. My new mailing address is listed below. Feel free to write to me at:

David Paul Hammer,#24507-077 USP-Lewisburg                                                                                                                                       PO Box 1000                                                                                                                              Lewisburg, PA 17837-1000                                                                                                                                 So until next time . . . be well and please take some steps, no matter how large or small, to help end the use of capital punishment. Each voice counts, but many voices together can and will be heard much louder.

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Tuesday, July 13th  

 

My stay here in fabulous Lewisburg, Pennsylvania is eerily similar to my time at the Federal Super-max (ADX) prison in Colorado. Unfortunately, this facility’s version of a super-max cell has neither the basics or the amenities offered/provided at the ADX. A multi-million dollar renovation project on this lock up unit (officially named the Special Housing Unit) was dedicated in May, 2004, and opened for business on Thursday, June 24, 2004. “Congratulations David” you lucky dog . . . for being the first occupant in this bastardized version of a super-max cell.

All bullshit aside, let me share with you a couple of features my cement isolation cell possesses. The shower is made of stainless steel with a push button for activating the water. There are no knobs with which to control the water temperature – there is only really hot water. That’s not a bad thing if you don’t mind a slight burn with your shower. The newest correctional center design and technology was used by the contractors. The water supply to the shower is set on a timer. Water is available between 2:00 PM and 6:00 PM in intervals of five minutes for a total shower time of fifteen minutes (which includes shaving as well). Afterwards a computer chip prevents any more water for a twenty-four hour period. Ain’t modern imprisonment grand?

Now let’s talk about my combination stainless steel sink/commode. The toilet is controlled by a computer chip and timer. It will only flush one time per hour. Any attempts to flush more often causes the toilet to not flush at all for an additional period to time. Since I am not allowed to possess a clock or watch, I can’t say exactly how long that is. Having waste in one’s bathroom toilet and being unable to flush it is unsanitary and most unappealing.

Imagine if you can, being unable to flush your toilet, and having your meal delivered to you while you wait on some damn computer chip to decide it’s time to allow you to flush the _ _ _ _ _ _. Anyway, living in such conditions does one thing. It teaches you real quick not to use the facilities anywhere close to meal time

The powers that be who make untold sums of cash for their brilliant ideas decided that the light switches for the cells in this unit would be placed on the outside of the cell doors and controlled by the staff and officers. As a result, my cell lights remain on from 5:00 AM until 12:00 AM. During the five hour period when they are turned off . . . they aren’t really. Each time the officers come by to conduct a count the lights are switched on briefly, and if asleep, I’m instantly awake. This occurs several times each night. Obviously, such conditions are not conducive to sleeping. Covering the light in any way is prohibited, and doing so will result in disciplinary charges being filed and sanctions being imposed. At this point I have very little that they can take from me, but would rather not risk it. Talk about control freaks!

In the fifteen days I’ve been here I’ve gone through more strip searches than in the past year. It matters not that I’ve not had any contraband found on me or in my cell or anywhere around me. My visits with my attorneys have all taken place in a non-contact room. The only people I come into contact with are officers. Nevertheless, I’m strip searched when leaving the unit, again in the visiting room, and a third time upon returning to the unit. Each search consists of disrobing in front of a least four officers and as many as eight. I am required to open my mouth, pull down my bottom lip, stick out my tongue, and turn my head from side to side so my ears can be peered into. Then I hold out my hands in front of my body, palms down, then palms up, spread my fingers on each hand and raise my arms and have my armpits examined. Then I am required to separate my penis from my testicles, lift up my testicles, and then pull the skin back on my penis. I’m then told to turn around and raise one foot at a time so the bottoms can be checked. Then I’m instructed to bend over and take my hands and spread my buttocks to allow for an observation of my anus. Only afterwards am I allowed to dress. All of that three times in a row just to talk with lawyers in a non-contact room.

No folks – it ain’t nice, but it is all a part of being in prison. In the past twenty-seven years I’ve undergone thousands of these searches, and each one continues to be a humiliating experience. I comply and do my best to maintain a sense of dignity. It’s not always easy. Some staff take a perverse pleasure in conducting these strip searches. For most it’s just a part of the job.

I keep reminding myself it’s all mind over matter. If you don’t mind then it doesn’t matter. Dorothy this sure ain’t Kansas!

Having spent an hour writing about some of the trials and tribulations of my current predicament, I am reminded of why I am here and the journey it’s been. When one considers the alternatives of death or a lifetime of such treatment or conditions, it becomes very difficult to ascertain which punishment is worse. I know from personal experiences that life without the possibility of parole ain’t all it’s cracked up to be. It’s no wonder that over one hundred death sentenced prisoners have waived their appeals and acquiesced in their own executions during the past twenty-seven years.

Gary Gilmore was the first man to surrender to the lure of execution in the so called modern era of the death penalty. In the time since capital punishment was held unconstitutional as it existed prior to 1972. ON a cold January day in 1977 Gary (Mark) Gilmore faced a team of expert marksmen who made up his firing squad. In an old prison warehouse he was bound and blindfolded. The state of Utah killed Gilmore with bullets fired into his heart. Having previously been incarcerated for several years Gilmore knew the existence ahead should his sentence of death be commuted. He also knew how long the appeals process would last. He made a decision to die. Who can really blame him? Not me, that’s for sure. What I do know is this . . . all life is sacred so my own life, such as it is, must be sacred as well. It is for that reason and others that I will continue to fight to live.

It was five years ago today that twenty of us under a federally imposed sentence of death were transferred to Terre Haute for the activation of the first ever federal Death Row Unit. Of those twenty individuals three have been executed; one was re-sentenced to death after receiving a new sentencing hearing; one had his death sentence commuted to life without parole by former President Bill Clinton on his last day in office; one had his death sentence reversed and was later sentenced to life without parole; four others have had their death sentences vacated and are awaiting further action by the courts. (They could be re-sentenced to death after new sentencing hearings). The total men currently under a federal sentence of death remains at thirty, with no executions likely to occur in the near future.

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Thursday, August 24  

 

It may appear as if I’ve missed writing entries for this journal for awhile now, but that isn’t the case. I’ve actually written several only to have them taken down or not posted because of their content. It appears that I unintentionally offended a couple of my friends by writing about them. Those journal entries are now gone forever. I do offer my most sincere apology to those that I may have hurt or offended. As they say, the road to hell is paved with good intentions. I ordinarily would not pay much attention to negative sniveling, especially when I have written honestly and from my heart. In this instance I have elected to adhere to the requests of others out of love, respect and friendship.

I’ve been contemplating what to write this time around, and have concluded that it is time to talk about the issue of death row inmates and the women who come into their lives. I am not speaking of friendships, but rather of relationships where those involved fall in love. I’ve observed first hand just how powerful the emotions can be. I’ve watched grown men abandon everything they believe in in order to have such a relationship. I’ve seen how one such woman destroyed a man physically and mentally, taking away his dreams with her lies, games and manipulation. I’ve watched as another caused long time friends to turn against one another. Fortunately, these are the exceptions. Love is such a powerful emotion, it can feel heavenly, and it can create physical pain as well. Being in prison and on the row, isolated and lonely can seem intolerable. Then one day at mail call a letter arrives from some woman. The letter seems different than many others he has received – can’t actually explain it – just a feeling. The exchange of cards and letters starts off slowly, but in only a matter of weeks, they are talking on the telephone for fifteen minutes at a time. They laugh, they share. They both look forward to the next call; the next letter. Without knowing it they have become close, they feel love but are afraid to voice these emotions at first. They throw caution to the wind and admit they have fallen in love. They are happy. He tells all of the fellas and takes the good natured ribbing about being weak for love. As with all relationships these have highs and lows. She wants to be faithful . . . he wonders if she is. On a bad day they argue. Silence for a couple of days, they make up and it’s all good as new. The cycle repeats itself until the interest wanes, and the passage of time starts to dampen the feelings. Someone else comes into her life, she’s able to have physically what she cannot share with him. He detects the subtle signs at first. Isolation – doubts creep into his mind. Is he paranoid? He calls and she is not at home. The letters and cards don’t come as often – no mail for a week. He curses her, he hates himself for needing and wanting her so. She’s back, she’s sorry, having fulfilled her physical urges she needs the security and the safety of the emotional commitment with her death row lover. It’s on again, off again. These relationships are doomed to failure after awhile in most cases, but not all. It’s all a gamble, but then isn’t real love always sort of like that? Love doesn’t come with any guarantees. It’s a mystical thing. We all need to have an opportunity to share our lives with someone special. Being locked away and having a sentence of death doesn’t alter our need for love . . . not even when the chances are that it will hurt in the long run. Even after there’s an end to the cards, letters and phone calls, one can still cherish the memories. In the dead of night when the tier is quiet and the lights are off you pull out one or more of her letters and look at her photographs. The faint scent of her perfume rises to your nostrils and the memories flood into your brain. Just for awhile you remember what it’s like to be a man in love . . . your heart feels empty knowing it’s all an illusion, but for the moment that really doesn’t even matter, for you are free – you have escaped into that magical world of love and, it’s real . . . at least for awhile. Life evolves around the snippets of our existence which mean the most to us. As the words to a song so eloquently express, “Love hurts”!

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Friday, August 25  

 

It was two months ago today that I left the row at Terre Haute. Time passes by so quickly. There is much to report not from my current place of captivity, but from the row. I base my reports upon documents, first hand accounts from those still confined there, and published reports. It is obvious that things have changed drastically for my friends and associates in the so-called Special Confinement Unit. What a joke! There is absolutely nothing special about the place – that is unless you count that it possesses the ability to warehouse those sentenced to death.

According to a memorandum dated July 21, 2004, issued by Warden Keith E. Olson, addressed to: All Concerned, Subject Matter: Special Confinement Unit Recreation . . ., Keith says:

“The Federal Bureau of Prisons budgetary situation has made it necessary to vacate correctional officer posts throughout the institution. This includes posts in the special confinement unit. Considering this fact, along with the number of inmates in the special confinement unit continues to rise (what does he expect with John Ashcroft and George Bush in office) it has become necessary to curtail recreation hours.”

Yep, that’s right – restrict the already limited hours of “out of cell time” for death row inmates. Why? Because as chief executive officer of USP/Terre Haute, Keith Olson can’t balance a budget without cutting programs and eliminating corrections officers’ jobs. Now, let’s review. In a maximum security prison with a death row unit and other high-max inmates, Keith’s answer is to cut down on his corrections staff. Okay, if he says so.

Oh, did I fail to mention that on Wednesday, July 15, 2004, four of Mr. Olson’s corrections officers were injured as a result of an alleged attack by one inmate upon an officer with a home made shank (sharpened instrument)? According to a report in an Indiana newspaper dated July 16, 2004, “ . . . “The Federal prison in Terre Haute was on lock down Thursday, one day after officials said an inmate assaulted a guard.

An inmate attached a guard with a sharpened instrument at about 8:00 PM Wednesday, prison officials said in a news release.

The inmate and four guards were injured. The inmate received minor first aid and was placed in a high-security unit in the prison. (In actuality the inmate was the lest of their concerns, he was beaten and then transferred to a prison in Illinois where he is held in solitary confinement). The injured guards were taken to a hospital. Three were released following treatment, but one was still hospitalized Thursday officials said.”

Now let me get this straight. Four of the officers injured at USP-Terre Haute, and Keith Olson responds six days later by saying he is eliminating correctional officer posts throughout the prison. Yeah, that makes sense. Maybe it’s because Keith is retiring in a few months and he’s leaving his mess for the new Warden to clean up.

Nope that’s not all. The Federal Bureau of Prisons has decided that the smoking of tobacco products will no longer be allowed. Towards that end the Terre Haute correctional complex will become smoke free by November 15, 2004.

Beginning July 30, 2004, all smoking inside of the cells, or any indoor areas, was stopped. Beginning July 30, 2004, until November 15, 2004, inmates are allowed to smoke on the recreation yard only in a smoking shelter with a cigarette lighting device provided. The sale of matches ended July 30, 2004, and the sale of smoking tobacco products will end on September 15, 2004. Since death row inmates are limited to five hours a week out of cell time (this surely cannot be called recreation by any stretch of the imagination) they can smoke three days a week during these periods. It is estimated that approximately 45% of inmates within the BOP smoke, and another 15% use smokeless tobacco products.

In an environment where tensions run high already, denying some inmates their cigarettes will only increase the amount of disruptive behavior exhibited. Even more important is that tobacco products will become yet another form of contraband. In prisons where smoking has been banned in recent years, the price of one cigarette is between $8.00 and $10.00. Make no mistake about it, contraband tobacco will find its way into the prisons within the Federal Bureau of Prisons.

Following Mr. Olson’s curtailment of death row inmates’ out of cell time, he and Unit Manager Randy White issued additional memorandums further restricting the inmates’ access to certain privileges, such as popcorn and ice cream purchased from the prison commissary or cold drinks on hot summer days. No reasons were provided other than these privileges would be given to certain inmates whom the prison staff has allowed to work on the unit. No doubt such favoritism only serves to divide the group of inmates housed on death row in an attempt to turn one against the other. It won’t work, they are smarter than that.

All things considered, maybe I’m better off being in Pennsylvania where I have nothing, and I expect nothing.

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Wednesday, September 1  

 

The days, weeks and months pass by and nothing in this existence changes much. Routine rules the days and the nights. The sameness is a form of torture as unrelenting as any known to mankind. Four walls, steel bars, shatter proof glass on the outer door and window of my isolation cell, are ostentatious examples of modern prison-rats attempts to bring back the past.

William Penn’s practice of isolating prisoners in an effort to have them pay penance for their crimes was the premise behind the penitentiary concept. It was a failure in the 1700’s, and it is a failure today. I mention the esteemed Mr. Penn as I couldn’t help but notice on my arrival here at USP-Lewisburg as we traveled onto prison property, we did so by William Penn drive! The father of penitentiaries (which is derived from his name) has a street housing a prison named after him. Not very original, but then most folks within the federal government aren’t known for their creativity.

Let’s explore together my current world of routines. Each day at 5:45 AM breakfast is brought to my cell. It always includes a pint of milk and two packets of instant coffee (unfortunately there is no hot water in the cell sink, so hot coffee is out of the question). Between 6:15 AM and 6:30 AM my food trays are retrieved. On Monday, Wednesday and Friday I turn in my laundry bag containing two shirts, underwear, socks, towel and washcloth only (at this same time). My morning insulin injection follows.

On Monday mornings I’m given two small (motel size) bars of soap for the week. By mid-morning my laundry is returned. I fold and store it neatly on the floor at the head of my bed.

At 10:30 AM lunch is served. At 11:00 AM the lunch trays are picked up. I’m usually asked at some point in the morning (Sunday through Thursday) if I want to partake of recreation. That translates into: Do I want to be strip searched, placed in restraints and moved from my cell to a slightly larger indoor enclosure where I can walk in a square area for an hour. I usually decline.

At approximately 1:00 PM, Monday through Friday excluding federal holidays, if I have any legal mail from my attorneys it is delivered to my cell by a staff member.

Between 4:00 PM and 4:30 PM the evening meal is served. Food trays are retrieved by 5:00 PM. Mail is delivered usually before 6:00 PM. My insulin injection follows.

Sometime before or after the evening meal I am provided with one disposable razor, but the showers aren’t activated until 5:00 PM until 9:00 PM Monday through Friday. This was changed recently from the 2:00 PM to 6:00 PM time slot. Razors are passed out three times per week, and are retrieved at 9:00 PM on those days. The razors are checked to insure the blade hasn’t been removed. On these same days community nail clippers are available or use (I decline because of the sanitary issues involved).

All outgoing mail is picked up before midnight for mailing that morning. There is no incoming or outgoing mail service on weekends or holidays.

The cell lights are turned off at 12:00 AM unless you request that they be left on.

On most days I follow pretty much this same routine. On Tuesday mornings I am issued my weekly roll of toilet paper. God help you if you run out or have a case of diarrhea. On Wednesday afternoons commissary orders are delivered. You are severely limited as to what you can purchase and how many of each item. See the accompanying administrative detention unit commissary list for details.

On Tuesday afternoons or Wednesday mornings the warden and other administrative staff usually do a walk through. On Saturday mornings I’m allowed to have my one and only prison issued jumpsuit washed; on Sunday mornings it’s sheets and pillow case wash day.

Tuesday evenings I’m provided with cleaning supplies to use on my cell. I use a rag, soap and water daily on my cell so usually only use the disinfectant and toilet brush on cleanup days.

The only other interruptions in my routine are legal telephone calls and/or legal visits, and the occasional social visit (two so far during my stay here).

I exist in this hot, stuffy cell within a cell. You would think that the government having spent millions of dollars refurbishing this unit would have installed air conditioning as in most newly constructed prisons, but that wasn’t the case. Go figure.

So those of you who haven’t fallen asleep reading this have an idea of how boring it is here. Those of you who did sleep through it, well y’all caught on early.

I escape the confines of these walls through books, letters and my imagination. My faith is my main source of strength. What I learned many years ago is “it’s all mind over matter.” I refuse to give in or give up. I have recently started to talk out loud to myself, but so far I’m not answering myself. Guess that’s a good sign. I’m a social person. I don’t know how monks and those who take vows of silence do it. In this week’s words of George W. Bush speaking about terrorism and his war against it, “I don’t think we can win it.” Well George, I think your are wrong, because we can do anything we are determined enough to do, that’s how I’m surviving this place now. Determinant!

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Sunday, November 14

 

David's Update from Lewisburg,

Hello from Pennsylvania! It's been awhile since my last posting, so I
wanted to write down a few thoughts and pass them along to those of you
who follow my plight.
All in all, I'm doing well physically and mentally. The months seem to
go by so quickly these days. On October 9, I turned forty-six and
marked the occasion by reading, writing and relaxing. My spirits were
lifted by the numerous cards and letters I received. I must admit to
feeling a tad bit sad as I reminisced about other birthdays from years
ago.
The month of October was filled with unwanted intrusions which had to
be dealt with. Several times each week found me meeting with various
psychiatrists retained by my lawyers to serve as experts in my legal
case. Each of these doctors is prominent in his respective field. The
interviews and examinations were mentally painful. I was required to
relive the past over and over again as they probed and pushed me further
into areas of a lifetime I prefer not to think about. These interviews
were tedious and exhausting.
The evidentiary hearing in my death penalty case is currently scheduled
to begin on Monday, January 10, 2005. It's expected to last from six to
eight weeks. No matter what the results of the hearing, I will be
returned to Terre Haute while the losing party takes further appeals.
It's a long, drawn-out legal process with life and death consequences.
I've been somewhat distraught over the results of the U.S. presidential
election. That George W. Bush could be re-elected is an ominous sign.
It's also a stupendous feat pulled off in a treacherous way by a
so-called right-to-life conservative majority. America continues to be
a country divided. Social justice issues, the economy, the war in Iraq,
civil liberties, abortion and taxes are just a few of the issues which
have prompted Americans to choose sides.
The Federal Death Penalty is alive and well. The Bush administration's
way of dealing with the obvious racial disparities in the federal death
penalty system is to prosecute more white defendants seeking the death
penalty against them. In 2003 and 2004, nine men were sentenced to
death in federal courts across the United States. The racial make-up of
these individuals is: 1 Native American, 2 Blacks, 1 Bi-racial, 5
Whites. With Bush's re-election more and more people will be sentenced
to death. (There are several federal death penalty prosecutions already
underway.) Chadrick Fulks and Dustin Honken have received federal death
sentences but have not yet arrived on death row in Terre Haute.(as of
this writing)
2005 has the potential to be a year that will bring with it a record
number of federal executions. At least four of my death row colleagues
face the very real possibility of being executed in 2005. Their appeals
have been rejected. Only the U.S. Supreme Court or a presidential
reprieve can save them. 2006 will be as deadly for several others. The
future is not a bright and cheery one for many of us with a federally
imposed sentence of death.
A new federal death row unit constructed to house 120 death row
prisoners is slated to open in early 2005. With the current rate of
prosecutions/convictions/death sentences/executions it's unlikely that
unit will ever reach full capacity.
On a more pleasant note, I want to extend to all a Happy Holiday
Greeting! May each of you be filled with love, joy and happiness as you
celebrate the upcoming holiday season. Be Well!

 

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December 2004

David Hammer’s Latest Update from USP Lewisburg

 

 

What’s the old adage, “Time flies when you’re having fun?”  Well, for me the past month has been a blur, and it had nothing to do with having fun!  I shouldn’t complain because at least there’s been an interruption in the mundane routine of my existence here.  There are instances, however, where one should beware of what he wishes for.

There’s no easy way to explain what I’m going through right now than to say that I’m dealing with some major health problems.  I’ve presently spent time in hospitals undergoing numerous tests.  Being away from this prison cell, even under such circumstances, was a positive and enlightening change of pace.  The doctors have diagnosed my illness.  Treatment will require surgery and several months of follow-up treatment.  If all goes well, I’ll recover fully and the government will still be able to kill me later on (assuming that my appeals are denied).  I ask for your prayers and positive thoughts to help me through the obstacles that lie ahead.

It appears that my evidentiary hearing which was scheduled to begin on January 10 will now be continued until April 2005.  I’d much rather the hearing go forward in January, but as with most situations this is beyond my control.  Under the circumstances, perhaps this delay is a blessing in disguise.  Time will tell.

I am sad to report that there has been another death verdict by a federal jury.  On November 3, 2004, twenty-three year old Brandon Leon Basham received a verdict of death in Columbia , South Carolina .  Brandon is white and his death sentence brings the number of white inmates under a federally imposed sentence of death to twelve.  He will be transferred to death row in Terre Haute after he’s formally sentenced by a federal judge. 

During 2004 there were twelve federal trials where the defendants faced a possible sentence of death.  Those proceedings resulted in sentences of death for all four of the white defendants, one black defendant and one biracial defendant.  The other six defendants, two blacks and four Hispanics received sentences other than death.  While the number of death sentences imposed is down nationally, federal death penalty prosecutions are continuing to rise as are the number of death sentences imposed upon federal defendants.  With the Bush administration in power, there is little likelihood this trend will end anytime soon.

One positive note—there were no federal executions in 2004.

A switch in subjects is in order.  During my trips to and from the hospitals recently, I had an opportunity to observe the magical sight of Christmas lights and displays.  This time of the year has always brought back special memories for me.  Never more so than while observing the twinkling lights, trees, bells, Nativity scenes, Santa Clauses, reindeer, snowmen and other decorations during these hospital outings.  I find it all enchanting!  Perhaps that’s the child that remains within me.  It’s been many, many years since I’ve had this experience.  It was fantastic!  

I received a Christmas present of sorts.  Having been in prison for the past twenty-seven years, I’ve never seen or used a computer.  Well, that is until this past week.  While at a hospital in Philadelphia , I was allowed to use a laptop computer.  I saw this website online for the first time.  It’s quite different from seeing it only in printouts.

 All in all, I’m enjoying the holidays so far.  I want to take this opportunity to extend a heartfelt Season’s Greetings to each of you.  May your holidays, whichever ones you celebrate, be filled with love, happiness, peace, joy and special moments.  I encourage you all to share something with someone less fortunate than yourselves, even if it’s just a kind word, a hot cup of coffee or a meal.  We are all in this world together, and each of us can make a difference.  So, until next time---Be Well!

 

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