Prison Walls v. Love — Review of “Memoirs of a Prison Lawyer/Prison Wife,” by Claudette Spencer-Nurse

Memoirs of a Prison Lawyer/Prison Wife, by Claudette Spencer-Nurse, is a love story.  It is an improbable love story.  It is a love story that has defied the odds.  It is a love story for the ages.  It is a love story that is real, yet it has a mythic quality.  The author herself sees this.  In reflecting on this love, she writes:

In 1987, when CBS began airing Beauty and the Beast, an American fantasy-drama series about a relationship between a mythic man-beast named Vincent and a New York City assistant district attorney named Catherine, I felt like I was watching the story of my life.

Ms. Spencer-Nurse begins the story of her life, like many good story-tellers, in medias res.  It is a snowy day in November 1984.  As an attorney who has been practicing law for a couple of years, she has returned to New York City, the city of her birth, after having graduated from Temple Law School and living in Philadelphia for a couple of years.  She is now working for the Prisoners’ Rights Project (PRP) of the Legal Aid Society of New York.  She is visiting Elmira Correctional Facility, once called a Reformatory when it first opened in 1876, to interview men confined there about Ku Klux Klan activity at the prison.

At the prison it could just as well be 1876, when the first incarnation of the KKK was dying as Reconstruction was coming to an end.  Ms. Spencer-Nurse is there because a man incarcerated at Attica Correctional Facility, one of New York’s most (in)famous prisons, wrote a letter to PRP alleging that when he was at Elmira he had been dragged out his cell by guards clothed in white sheets, assaulted and called racial slurs.  He also alleged that some guards bragged about being members of the KKK.

One of the men Ms. Spencer-Nurse interviews, Ernest Nurse, who would become her husband, has not been at the prison very long.  He doesn’t know much about any KKK activity going on at Elmira.

After the visit, Ms. Spencer-Nurse tells her law school buddy, Beverly, about Ernest.  For ages, poets have written about the power of love, that when it truly happens, you know, that it can conquer all (omnia vincit amor), that it is…inexplicable.  As for “love at first sight,” it’s a myth, until it happens.  Both Claudette and Ernest experience the same thing, the gravitational pull of love that applies even in the prison universe.

Ernest tells Claudette his story.  He killed a man.  He is serving 25 years to life.  He won’t be eligible for parole until November 2002, for nearly another 18 years.

Over the next 18 years, Claudette visits Ernest in various prisons.  They marry in 1989, shortly after an individual in prison, Richard Langone, and his fiancée, successfully challenge a law prohibiting marriage of people serving sentences with a maximum of life.

The life of a prison wife is not easy.  As Claudette later points out in the book, many of these marriages fail.  According to various researchers, the U.S. divorce rate is about 50%.  Surely, the prison divorce rate is probably much higher, especially post-release.  Claudette notes, “Of the approximately fifty women I’d met who married a man in prison or had been married to a man before his incarceration, I know of only four couples besides myself and Ernest who are still together after their release.”

After seven years of marriage, Claudette tells Ernest she wants a divorce.  She works on the petition but doesn’t file it.  She can’t bear the thought of spending the rest of her life without Ernest.  And then there are people, including family and friends, who question the sanity of women who marry men in prison, probably the main reason why many keep this a secret from them.  Certainly, something must be wrong.  Claudette can’t help but wonder if something is wrong with her.  In the very beginning, when she realizes that she is falling in love with a man who might be spending the rest of his life in prison, she begins to see a psychologist.

Claudette doesn’t report if this prison love has a diagnosis.

Although this is a love story, Claudette lives her life, personally and professionally, while her husband is in prison.  Many other women in such relationships put their lives on hold and let it revolve around their incarcerated men.

As an attorney for the Prisoners’ Rights Project, Claudette is involved in many significant cases.  She is most proud of the work she did on the case that first brought her to Elmira, Santiago v. MilesIn that case, the Judge ruled that “the plaintiffs had proved the existence of a pattern of racism at Elmira that went ‘beyond verbal taunts and racial slurs uttered by guards to minority inmates.’”

As an attorney, Claudette’s work was not simply confined to prison issues.  Long before #BlackLivesMatter, she was involved in protests over the killings of unarmed Black men, beginning with the killing of West African immigrant Amadou Diallo on February 4, 1999.

Claudette states that she is most proud of her work in Santiago v. Miles, but the work she did on parole reform, founding and spearheading the Coalition for Parole Restoration (CPR), is the work that probably led to her husband being released at his very first parole board hearing, when less than 5% of men similarly situated were granted parole on their first appearance.  It is important to note that long before other organizations and attorneys jumped on the band wagon of parole reform, Claudette was zealously advocating for meaningful parole reform.  Indeed, almost any positive movement towards parole reform can be credited to Claudette’s work with CPR.

In conclusion, this book is a good and easy read, not bogged down in legalese.  It is a book that has something for various audiences, including families impacted by the prison-industrial complex, people in prison – they would want to read the full transcript of Ernest’s parole interview, which is practically a primer on how to present oneself at the parole board – advocates for prison reform, and people who love a good love story.

_________________________

William E. Waters is the author of three books of poetry, including the award-winning Black Shadows and Through the White Looking Glass, and a novel.  He’s an advocate for a just society.  He has worked with Claudette Spencer-Nurse at CPR for parole reform.  Check out and subscribe to his blog at www.ezwaters.wordpress.com.

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On this day in history, June 9, 1963 –Fannie Lou Hamer Arrested and Beaten in Winona, Mississippi

On June 9, 1963, while returning from a voter registration workshop in South Carolina, Fannie Lou Hamer and other civil rights activists were arrested in Winona, Mississippi. Ms. Hamer and the other activists had been traveling in the “white” section of a Greyhound bus despite threats from the driver that he planned to notify local police at the next stop. When the bus arrived at the Winona bus depot, the activists sat at the “white only” lunch counter inside the terminal. Winona Police Chief Thomas Herrod ordered the group to go to the “colored” side of the depot and arrested them when one of the activists tried to write down his patrol car license number.

At the county jail, white jailers forced two African American prisoners to savagely beat Ms. Hamer with loaded blackjacks and she was nearly killed. As she regained consciousness, she overheard one of the white officers propose, “We could put them SOBs in [the] Big Black [River] and nobody would ever find them.”

Ms. Hamer never fully recovered from the attack; she lost vision in one of her eyes and suffered permanent kidney damage, which contributed to her death in 1977 at age 59. Lawyers with the Student Non-violent Coordinating Committee filed suit against the Winona police who brutalized the activists but an all-white jury acquitted them. Despite the trauma she experienced, Ms. Hamer returned to Mississippi to continue organizing voter registration drives and remained active in civil rights causes until her death.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 8, 2016 — No Indictment For Police Officer Who Shot Texas College Student

On June 8, 2016, the grand jury voted not to indict Brian Miller, a white police trainee, for shooting and killing Christian Taylor on August 7, 2015.

Taylor, a 19-year-old black man, was a student and football player at Angelo State University in San Angelo, Texas. On the night he was killed, police officers claimed they arrived at a car dealership in response to reports of a suspected burglary and saw Taylor vandalizing cars via surveillance video. Brian Miller entered the dealership building without his partner, though his partner was more experienced and Miller’s training officer.

Neither officer was wearing a body camera, and no footage exists to explain how an altercation erupted between Miller and Taylor; as the second officer entered and attempted to use a taser to subdue Taylor – who was unarmed – Brian Miller shot him four times in the neck, chest, and abdomen. According to Police Chief Johnson, Taylor never made any physical contact with either officer on scene. Nevertheless, he was killed.

Christian Taylor was a strong supporter of the #BlackLivesMatter movement, and on social media he often expressed fear of the police and criticism of the justice system. In August 2014, he tweeted: “I don’t feel protected by the police,” and in December 2014, he tweeted, “Police taking black lives as easy as flippin a coin, with no consequences.” Shortly before his shooting, in April 2015, he tweeted: “I don’t wanna die too young.”

Taylor’s death came only two days before the one year anniversary of the police shooting of Michael Brown in Ferguson, Missouri. Brian Miller was fired from the police force on August 11, 2015 for “inappropriate judgment” in handling the situation, but has not faced prosecution for the murder of Christian Taylor.

 “The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.
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On this day in history, June 8, 1966 — Former Klansman Indicted for 30-Year-Old Mississippi Murder

On June 8, 2000, Ernest Henry Avants was indicted by a federal grand jury for the 1966 murder of Ben Chester White in Natchez, Mississippi. Avants, James Jones, and Claude Fuller – all believed to be members of the Ku Klux Klan – murdered White on June 10, 1966, in an attempt to lure Dr. Martin Luther King Jr. to the community, where they planned to assassinate him.

According to the testimony of James Jones, who confessed to police, the three men approached White, a 67-year-old black sharecropper, and asked him to help them find a missing dog. They then drove White to an abandoned area in Homochitto National Forest and, when White refused to get out of the car and began begging for his life, Fuller shot him repeatedly. Afterwards, Avants shot White in the head with a shotgun and the three men dumped his lifeless body near Pretty Creek.

White’s murder went unsolved until local police began investigating a car fire, and suspected the car was the same one that had driven to the bridge where he was killed. Eventually the car owner, James Jones, admitted his part in the murder – but later denied giving the confession. The three men were charged with murder in state court in 1967: Jones’ case ended in a mistrial; Fuller claimed to suffer from severe illness and never stood trial; and Ernest Avants was acquitted.

More than 30 years later, because White was murdered on federal land, the United States initiated federal murder charges against Avants; by then, Jones and Fuller were deceased. In June 2000, a federal grand jury indicted Avants for aiding and abetting White’s murder. In 2003, Avants was found guilty and sentenced to life in prison. He died in prison one year later, at the age of 72.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 7, 1920 — Ku Klux Klan Mounts Publicity Campaign to Attract Members

Confederate veterans founded the Ku Klux Klan in Pulaski, Tennessee, in 1865. From beneath white hoods, they terrorized freedmen and Republican politicians with threats, beatings, and murder. They strived to undermine Reconstruction and restore racial subordination in the South. Faced with federal opposition, the Klan dissolved by the 1870s, but reemerged early in the next century.

In 1915, William Simmons revived the Klan atop Georgia’s Stone Mountain, organizing men around the lynching of Leo Frank, a Jewish man accused of killing a white woman. That same year, the film The Birth of a Nation debuted, presenting Klansmen as saviors of white man’s civilization and white women’s chastity. President Woodrow Wilson screened the film at the White House.

On June 7, 1920, Simmons hired publicists to grow membership for the white supremacist organization. Playing up white anxieties following the first World War, the Klan launched a “100 Percent Americanism” campaign, promoting Klansmen as defending the nation from blacks, Catholics, Jews, foreigners, and “moral offenders.” This “neat package of hatred” caught attention quickly, and within sixteen months, nearly 100,000 new members had joined.

In 1921, public pressure prompted Congress to investigate Klan violence and undue influence in local and state governments, but when Klan officials denied the allegations, Congress ended its inquiry. Immediately thereafter, new Klan membership applications jumped to 5000 per day. By 1924, there were three million active members nationwide, including 35,000 in Detroit, 55,000 in Chicago, 200,000 in Ohio, 240,000 in Indiana, and 260,000 in Pennsylvania.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 7, 2016 — The Fatal Shooting of Philando Castile

On July 6, 2016, 32-year-old Philando Castile was shot and killed by Jeronimo Yanez, a St. Anthony police officer, during a traffic stop for a broken taillight in St. Paul, Minnesota. Mr. Castile was shot multiple times from close range. His fiancee and her four-year-old daughter bore witness to his murder, and his fiancee used her cell phone to broadcast a livestream of the aftermath on social media. The tragic footage of Mr. Castile’s wounded and dying body as the officer shouts orders and the little girl tries to console her mother from the back seat sparked international outrage and protests about police brutality against black communities.

Officer Yanez pulled over Mr. Castile and his fiancee to check their identifications, using a traffic stop as pretext. Police dispatch audio reveals the officer saying, “The two occupants just look like people that were involved in a robbery. The driver looks more like one of our suspects, just because of the wide-set nose. I couldn’t get a good look at the passenger.”

At the start of the stop, Officer Yanes asked Mr. Castile if he had a weapon. Mr. Castile responded that he did have a gun, as well as a valid permit, and explained that his identification and permit were in his wallet. Mr. Castile moved to retrieve the items but Officer Yanez ordered him to keep his hands on the wheel. As Mr. Castile complied, and moved his hands back up to place them on the steering wheel, Officer Yanez fired at least four shots into Mr. Castile’s chest through the open car window, at very close range and close proximity to Mr. Castile’s fiancee and her daughter.

Police who arrived at the scene following the shooting rendered no medical aid to Mr. Castile as he bled out, instead comforting the crying officer who had killed him. Mr. Castile died at the hospital twenty minutes after the shooting and Officer Yanez was placed on medical leave pending investigation. Taking place less than 24 hours after the videotaped fatal police shooting of Alton Sterling in Baton Rouge, Mr. Castile’s death led to protest marches and outrage throughout the country. Community members soon came forward to laud him as an inspirational employee at a local elementary school, and publicly mourn his death.

Prior to the fatal shooting, Mr. Castile had been stopped by police for minor traffic violations at least 52 times in recent years, once approximately every four months. These stops resulted in 86 issued violations, most of which were dismissed. The extreme rate of traffic stops cost Mr. Castile over $6,500 in fees and fines.

On August 17, 2016, Officer Yanez was allowed to return to duty in a desk position, though the investigation into the shooting was still ongoing. Within days, community protest led police department officials to return him to administrative leave. On September 6, 2016, local protesters gathered at St. Paul City Hall to mark the shooting’s two-month anniversary and reiterate their calls for a fair investigation and justice.

 

 “The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.
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On this day in history, June 6, 1966 — James Meredith Shot During March Against Fear in Mississippi

On June 5, 1966, equipped with only a helmet and walking stick, James Meredith began a 220-mile March Against Fear from Memphis, Tennessee, to Jackson, Mississippi. Mr. Meredith, an activist who had integrated the University of Mississippi four years earlier, organized the one-man march to encourage African Americans in Mississippi to register to vote and to challenge the culture of fear perpetuated by white supremacists in the state.

Mr. Meredith crossed the Mississippi border on the morning of June 6, 1966, accompanied by a handful of friends and supporters. State police and FBI agents monitored the march while reporters and photographers trailed behind. A few miles south of Hernando, Mississippi, Aubrey Norvell, a white salesman, ambushed Mr. Meredith from the woods and shot him in the neck, head, and back. Before he started shooting, Mr. Norvell warned bystanders to disperse and twice shouted out Mr. Meredith’s name from the woods, but law enforcement did nothing to protect Mr. Meredith.

James Meredith survived his injuries but was unable to immediately continue the march. Enraged by the attack, civil rights leaders organized to continue the march to Jackson in his place. On June 26th, Dr. Martin Luther King, Jr., Stokely Carmichael, and Floyd McKissick were among the thousands of marchers who completed the trip to Jackson, Mississippi, having weathered harassment and physical abuse from angry mobs and law enforcement alike. Mr. Meredith rejoined the march shortly before its completion in Jackson and led a rally at the state capitol. In November 1966, Aubrey Norvell pleaded guilty to assault and battery and was sentenced to two years in prison.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 5, 2013 — North Carolina Legislature Votes to Repeal the Racial Justice Act

On June 5, 2013, the North Carolina legislature voted to overturn the Racial Justice Act, an historic law that prohibited the use of race in the imposition of the death penalty.

Passed in 2009, the Racial Justice Act (RJA) required courts to vacate a death sentence where race was a factor in the imposition of the death penalty. North Carolina was the first state to pass legislation aimed at remedying racially discriminatory practices in death penalty trials, including racial bias in jury selection.

Prosecutors vigorously opposed the law and successfully lobbied the legislature to vote for a repeal of the statute in 2011 but Governor Bev Perdue vetoed the repeal. In April 2012, Cumberland County Senior Resident Superior Court Judge Greg Weeks vacated Marcus Robinson’s death sentence based on evidence that North Carolina prosecutors intentionally discriminated against African Americans in selecting capital juries. The groundbreaking ruling came after the state’s first evidentiary hearing under the RJA.

In June 2012, North Carolina’s Republican-led state legislature amended the RJA to weaken its protections by barring defendants from relying on statistical evidence of racial discrimination; the amendment requires a defendant to demonstrate that prosecutors intentionally used racial discrimination in his or her particular case. This made claims much more difficult to win. Nevertheless, in December 2012, the death sentences of Christina Walters, Quintel Augustine, and Tilmon Golphin, were overturned under the RJA after they proved that prosecutors had blocked African Americans from jury service because of their race.

On June 5, 2013, the legislature voted again to repeal the RJA. Two weeks later, Governor Pat McCrory – a Republican who was inaugurated in January 2013 – signed the repeal bill. Governor McCrory predicted that eliminating the RJA would remove the “procedural roadblocks” that had kept North Carolina from executing anyone since 2006. There are 152 people on North Carolina’s death row and nearly all of them filed motions under the RJA; many of those motions remain pending as courts consider whether they may proceed in light of the repeal.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 4, 2011 — United States Census Bureau: Over 1 in 4 Black and Latino Americans Living in Poverty

The United States Census Bureau calculates national poverty levels by using a threshold income value set according to family size and composition. In 2010, a family of five earning a combined annual income below $26,675 qualified as “impoverished.” On June 4, 2011, the United States Census Bureau released data collected in the 2010 census which showed 46.2 million Americans living in poverty – the largest number recorded since poverty estimates were first collected in 1959. The 2010 poverty rate of 15.1% was the highest recorded in America since 1993.

The census data further revealed that poverty rates differed greatly by ethnic group, with 27.47% of African Americans and 26.6% of Latino Americans living in poverty compared to 9.9% of whites and 12.1% of Asian Americans. Other indicia of economic and social well-being also demonstrated racial differences. For example, census figures showed that 18.1% of Asian Americans, 20.5% of African Americans, and 30.7% of Latino Americans lacked health insurance in 2010 compared to 11.7% of whites and 16.3% of the nation overall.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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On this day in history, June 2, 2011 — Alabama Passes Anti-Immigrant Legislation Authorizing Racial Profiling

On June 2, 2011, Alabama’s Republican-controlled state legislature passed House Bill (HB) 56, a controversial anti-immigration bill much tougher than a similar Arizona law passed the year before. One week later, Alabama Governor Robert Bentley signed the bill into law. Like Arizona’s Senate Bill 1070, Alabama’s immigration law authorizes police officers, relying on racial profiling, to check the immigration status of anyone detained or arrested who they believe may be in the country illegally. HB 56 also bans undocumented immigrants from enrolling in any public college or university, mandates that parents reveal the immigration status of any child attending public school, and requires school districts to report the number of undocumented students to the state board of education.

Civil rights organizations and religious groups mounted legal and political opposition to HB 56. Many complained the law prohibited acts of charity by criminalizing those who rent property or provide transportation to an undocumented immigrant with prior knowledge of that person’s immigration status. Opponents also feared the law would discourage school attendance by undocumented children and create a discriminatory school atmosphere. Indeed, in May 2012, the Department of Justice announced that HB 56 had “diminished access to and quality of education for many of Alabama’s Hispanic children” and found that more than 13% of Hispanic children had dropped out of school since the previous fall. Subsequent legal challenges succeeded in invalidating portions of the law.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.

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