All posts by waynetdowdy

About waynetdowdy

I am a Georgia native who grew up in the Atlanta area. I was in the custody of the United States Bureau of Prisons from August 18, 1988, until released to a halfway house thirty years and ten days later. MY CRIMES: armed bank robbery; abduction of a person to facilitate the commission of an offense; conspiracy to commit bank robbery, and use of a weapon during the commission of a crime of violence. I was convinced under a legal term called the "Pinkerton Theory of Liability. " In other words, I was legally responsible for everything that happened during the commission of the crime, whether I did it or not. I hope that doesn't matter to you but I understand if it does. Today I live my life differently than when I was a younger man.

Lawyers & Guilty Pleas by Wayne T. Dowdy

[Nothing contained herein is to be taken as legal advice as it is strictly based on the opinion of the author.]

QUORA.com Revised Response by Wayne T. Dowdy to question, “Why do some lawyers settle for a plea bargain when they know their client is innocent?” (https://www.quora.com/Why-do-some-lawyers-settle-for-a-plea-bargain-when-they-know-their-client-is-innocent)

I cannot say for certain that a lawyer would settle for a guilty plea if he or she knows their client is innocent, because I haven’t experienced it, but I do know that people will take a plea to protect loved ones from prosecution. That happens often! At least, many legal cases exist where people try to withdraw from a guilty plea because of such claims.

I have also known a few men who pled guilty for that reason: Most regretted it after living in prison for a while and then wanted out. Legal Beagles (inmate lawyers) sell pipe dreams to convince them to challenge what most often proves to be a hopeless case.

The law is complex and complicated. A person may read a statute or procedural rule that shows the defendant has available relief or at least an avenue for his or her case to be heard. Things are not as it appears.

The law has many standards and procedural rules that are hidden in thousands of cases and places a novice knows not where to look, and thus misleads another person into believing a claim exists that the courts dismiss.

Legal versus Factual Innocence:  In my unprofessional opinion, as I am not an attorney, legal and factual innocence are not the same. In federal court, one may be legally innocent but still not be able to satisfy the legal standard needed to succeed if they file a Writ of Habeas Corpus; Motion to Vacate, Set Aside or Correct Sentence, or the most difficult, a Second or Successive Motion to Vacate, Set Aside or Correct Sentence. All three have narrow pathways to prison gates.

The difference in legal and actual innocence is that a person may be legally innocent if the government did not have enough evidence to prove every element of an offense.  But if the person pled guilty during the plea stage, he or she admitted to guilt during what is known as the plea colloquy, which is where a judge asks the defendant a barrage of questions to determine if the plea is entered intelligently and voluntarily, before accepting the plea.

The plea may be entered based upon a lack of knowledge, and or, the lack of proper advisement by the lawyer, but that doesn’t always matter.  Thus, comes many claims of ineffective assistance of counsel that fail when brought before the court.  Some do succeed but most will fail because of what transpired during the plea colloquy.  At least, so I have found to be true from thousands of hours spent researching the law.

Actual innocence means the person did not commit the crime, regardless of technicalities, and that no reasonable trier of fact would have found the defendant guilty.

Then after landing in prison that person who pled guilty regrets taking the plea; sometimes after finding themselves living in a concentrated environment of dangerous or psychotic men or women and wanting out.

When wanting to withdraw the plea and get back into court, he or she finds a jailhouse lawyer (legal beagle) who claims freedom is knocking on the door. A door that most often will not open until after the person has served the sentence imposed by the court, unless sentenced to life without parole as thousands of men and are, because withdrawing from a guilty plea is difficult, even when claiming innocence.

Another opinion I’ve heard about charging officials who charge someone with a crime they did not commit, is that the charging official believes the criminal committed other crimes anyways, so it doesn’t matter how they got them off the streets. That happened to me.

INNOCENT BUT CHARGED: I was charged with possession of marijuana found in my mother’s house when I didn’t live there. My older brother (now deceased) did live there and did own the marijuana but was not charged.

Stanley had gone to school with the lead detective who conducted the drug raid of my Mother’s House!

The detective said to Stanley, “I know that doesn’t belong to Wayne but he’s a psychopath and needs to be taken off the streets.” (No factual basis existed to support his belief that I was a psychopath: I just wasn’t known to cooperate with law enforcement and to be a Rebel.)

NO DEAL:  I didn’t plead guilty. The prosecutor offered three plea deals. After the third attempt, I told my lawyer, “Tell him I said to Kiss my Ass. I am not pleading guilty to a crime I didn’t commit.”

The case was dismissed, after I had set in jail for months without compensation. That’s the way things work because defendants are guilty until proven innocent. Otherwise, why are they punished with a jail cell until they go to court?

Even if able to post bail, that’s still punishment, because non-refundable fees come out of the defendant’s pocket, unless allowed to post a property bond that has its own legal complexities and is not always an option. Besides that, posting bail is not always a choice, so the person sits in jail until disposition. I am not bondable because I’ve escaped.

I have known men who claimed to have plead guilty because they got tired of sitting in jail, and because of being told they couldn’t win their case, guilty or not. Many claimed to be innocent of the crime and told their lawyers who still said they’d be convicted and suggested they take the plea.

That’s how many of the legal versus actual innocence claims get brought into legal arena. Sitting in prison often makes one regret volunteering to be put there without a struggle.

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Wayne T. Dowdy writes from StraightFromthePen.com
Purchase Essays and More Straight From the Pen at your favorite bookstore.
Visit his Smashwords authors page at https://www.smashwords.com/profile/view/WayneMrDowdy

See also his blog at https://www.quora.com/profile/Wayne-T-Dowdy/Life-Inside-and-Out

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Atlanta’s Less Known Site

AUTHORS NOTE:  This post corrects an accidental post of misinformation in “Burning Bridges”:  https://straightfromthepen.wordpress.com/2017/04/13/burning-bridges/  and at  https://waynedowdy.weebly.com/blogs/burning-bridges

I apologize for the inaccuracy reported in Burning Bridges, April 2017.  Wayne T. Dowdy.  The misinformation was that,Sherman spared the mansion because of the hospitality shown to him and his soldiers by Mr. Peters.

Please visit the original post of this blog at https://www.quora.com/profile/Wayne-Dowdy-2?share=1

Response to Quora.com question, “What are some lesser-known sights to see when visiting Atlanta, GA?”

 

One lesser known historical site is the Edward C. Peters House (Peters’ Mansion), located at 179 Ponce DeLeon Avenue, Atlanta, GA.

The house takes up a whole city block, other than a small corner on Myrtle Street and Ponce DeLeon.

A false tale once told claimed General Sherman showed mercy and spared the mansion from his torch because Mr. Peters showed Sherman and his soldiers some Southern hospitality. The problem with the tale is that the house did not get built until 1883, eighteen-years after the American Civil War ended. The mansion did escape the Great Atlanta Fire of 1917. Edward C. Peters House – Wikipedia

A lesser known fact is that that house was once where staff and residents of Chrysalis lived for a brief period. Chrysalis was an adolescent drug treatment program. Between 1972–73, I lived in the Mansion as one of the first five Chrysalis residents, who moved in and helped to restore the magnificent building. That took some work!

Then Dante’ (the owner of Down the Hatch in Underground Atlanta at the time), bought the house for 1.5 million dollars, I believe, and Chrysalis had to move its location.

Before the deadline for Chrysalis residents to move, I had walked out of the six-month program, two months before completion, a behavior that lead me to have a history with the historical site that follows this photo:

179 Ponce DeLeon Ave., Atlanta, GA
Edward C. Peter’s House

Others may want to see the United States Federal Penitentiary on McDonough Boulevard, where many infamous criminals lived and died. Why? Well, why do people watch historical presentations about old prisons? Curiosity, maybe?

U.S.P. Atlanta Federal Penitentiary
United States Federal Bureau of Prisons, Atlanta, Georgia

Many men died behind those walls. I learned to live while there between June 1, 1993 and October 31, 1996. On April 5, 1995, I changed my evil wicked ways and stopped using drugs and alcohol, which gave me a life worth living and made it possible for me to complete my 420-months sentence. And for that I am grateful.

Wayne T. Dowdy (http://www.straightfromthepen.com)

Frequently Asked Questions & An Anonymous Interview

An incarcerated person asked these questions for Wayne T. Dowdy. Because of privacy concerns, the name of the incarcerated person will remain anonymous.  Straightfromthepen.com gives special thanks and will provide a complimentary copy of Essays and More Straight From the Pen.

Q: Since you have started using this blog, has the sales increased on your books?
A: I haven’t noticed much of an increase in sales since I began writing the blogs. But since my release from prison, I have increased the number of views on the blogs, and the circulation of eBooks on Smashwords.com by making certain eBooks free.

Q: Since you began using this blog, have you talked about your books?
A: Yes, during the first two years I did (I paid to get a website and blog created in 2015), but I haven’t written promotional content in several months.

I got involved with the prison reform movement in 2016, and then later began writing blogs relating to prison reform, but also to help fight my way out of prison. I became an outspoken critic of the former BOP Director (Mark S. Inch), who changed halfway house policies (reducing available placement period from up to one-year to “up to four months”).

On prison reform, I wanted to do my part in creating positive change, so I put my personal writing and sales promotions on the side until I could get out of prison and put things in action. Now I am back. Look out!

Q: How many books have you written?
A: I’ve written four books but only have two I’m marketing. I had a special purpose for UNDER PRESSURE-MOTIVATIONAL VERSION by Mr. D (I added sections to the original UNDER PRESSURE to inspire the aspiring writers). To make it a better value for my readers, I combined the original novel with the sequel and produced UNKNOWN INNOCENCE by Wayne T. Dowdy ($12.95 plus S&H), with the help of Midnight Express Books.

The other book is technically a personal magazine because it combines genres. ESSAYS & MORE STRAIGHT FROM THE PEN has 11-essays, 1-short story, and 3-poems, which I’ve discounted the price of at $8.95.

My case manager read it and commented, “Parts of it make you want to laugh, others make you want to cry. There’s a lot of wisdom in it.”

Q: Have you written any fictional books?
A: UNKNOWN INNOCENCE and UNDER PRESSURE are fiction.

Q: When did you start writing?
A: I wrote for decades in personal journals. At the age of twenty-five, while serving a state sentence, I wrote drafts for a series of pornographic literature. I gave my collection to a married woman I was having an affair with and asked her to keep them for me until I got out.

She was jealous. Everything I wrote did not include her. When I got out and wanted my writings, she said they got lost or her husband threw them away, either way, my perverted writings conveniently disappeared.

Maybe I’ll return to that genre if sales don’t improve on what I’m writing now. 🙂 With the success of Fifty Shades of Grey by E.L. James, there’s  a large market for that type of writing.

Q: Did you go to college to learn to write?
A: Yes, and No. In 1981 I did take Creative Writing in college. In 2006-2008, I took a professional writing course through the Long Ridge Writers Group to learn how to write essays and short stories for magazine publication.

Q: Were you published in any magazines?
A: Yes, but I was published before taking the course. In 2003 I was first published in the A.A. Grapevine under a pseudonym. I’ve been published several times since then; however, none of the publications satisfy my ego, which always wants more.

These are my magazine writing credits:
The Sun (Chapel Hill, NC);
The Iconoclast;
Confrontation magazine, the literary journal of Long Island University;
Savage Kick magazine;
and many others under a pseudonym related to recovery from drugs and alcohol.

Q: How has writing changed your life?
A: Writing, in general, has not changed my life except on an interpersonal level. But writing does help me to formulate ideas and allows me to express myself without interruption. That means a lot to me when I feel the issue is important and needs addressed, whether it’s what people want to hear or not.

One day I hope to answer that question by saying my writing changed the quality of life by making me rich and famous, but in the meantime, I must say it keeps me constructively occupied and that I take pride in knowing my writing impacts the lives of others, as many have said to me throughout the years.

Q: Are you writing another book now?
A: No, but I do have ideas for one coming soon and I am plotting on writing query letters and articles I want to see in print, something my ego loves (seeing my name in print).

 

Purchase writings by Wayne T. Dowdy from your favorite eStore or bookseller.  Get the best value on eBooks at https://www.smashwords.com/profile/view/WayneMrDowdy

The Real Straight From the Pen

Visit the website at http://www.straightfromthepen.com

Get it uncut, uncensored, and in true form: This comes straight from the pen, literally and figuratively; many words that escaped the thick walls, bars and fences lined with rows of sharp and shiny razor wire, designed to slice and dig deep into the flesh of anyone who dares to cross the guard line to venture into the real world, beyond the horizon but difficult to reach.

The words contained inside this wave of the Deep Blue Web, provides readers with a peek into a part of life where millions of men and women found themselves chained and bound to a past, they wished to forget; other words give hope of better days, a better life.

And then there are those inside who drool upon remembrance of dirty deeds done that demanded payment with their lives.  That is not me. I dream of one day living a respectable life as a free citizen, of one day being a productive member of society in penance of the damage I caused living the thug life. Prison experiences vary from prisoner to prisoner.

Welcome to life inside the American federal prison system. I express views from an open, honest, and straightforward perspective, with words flowing straight from the pen on diverse topics and issues that concerns the human experience.

In corrections, I am an inside expert and plan to effect a positive change in the criminal justice system. I began serving a thirty-five-year federal sentence of imprisonment on August 18, 1988, for Conspiracy to Commit Armed Bank Robbery, Armed Bank Robbery, Abduction of a Person to Facilitate Commission of an Offense and Use of a Firearm During the Commission of a Crime of Violence.

I survived prison life to fight another day as a free man in a free society, America, home of the brave, land of the free.

On August 28, 2018, I walked out of the prison doors for the first time in thirty-years and ten days, without having cuffs on my wrists and shackles on my legs.  Another chapter in life began when the doors opened, as I entered the arms of my loved ones who cared enough to come escort me from the prison to the halfway house in Atlanta, Georgia.

Though my body is free, a part of my mind remains chained to the life I left behind, after spending three decades of my life inside the insane world of incarceration.  Love, patience, and tolerance will snap the chains binding me to the past.

Read ESSAYS & MORE STRAIGHT FROM THE PEN to learn more about the life that lead me to prison (https://www.smashwords.com/profile/view/WayneMrDowdy).

These essays were first published by the cited source:

PrisonEducation.com

May 2013:  Education, the Prisoner, and Recidivism
February 2014:  Fighting for Rights to Write
August 2014:  Social Media for Writers
Sept. 2014:  Life from “F”s to “A”s

PrisonLawBlog (now Zoukis Prisoner Resources https://www.prisonerresource.com/)

October 2014: An Inside View of the Criminal Justice System
November 2014:  The Truth About Incarceration, Part I
November 2014:  From Where Do Writers Root

More From Quora.com

Please read the other posts on QUORA.com and click to upvote if you support the writings you read, including those of other writers in the QUORA community. Thanks!

I posted the following on Saturday, December 29, 2018, and received the most upvotes (22 to date) and 1.8k views.

Read the original post at Quora  https://www.quora.com/How-does-serving-time-in-federal-prison-compare-to-state-prison

How did you feel when you found out you were going to prison?

On August 18, 1988, after my arrest, I knew I was going to prison and planned to avoid that by escaping, and if that didn’t work and I was killed during the attempt, then suicide by cop would be okay. I felt miserable and hated life. I felt an exaggerated sense of hopelessness, despair, disappointment, all associated with the intense hate and anger that scorched my soul.

Today, I’m glad things didn’t work according to my plans and that I changed my thinking and my life.

At thirty-one years old, I didn’t have hope of ever seeing another day as a free man. Months later, I sat inside a jail cell with a man facing the death penalty (I was disruptive and creating havoc in the jail, so the jailers put me in the cell block with the killers).

Once inside that jail cell, I continued to look for an opportunity to escape. To get away I would have done whatever it took. The thought of spending the rest of my days inside a box made me want to get it over with, to spare myself the agony of a miserable existence.

Suicide seemed the solution: For a Samurai Warrior, wasn’t that the honorable way out, death before dishonor?

That’s how I felt, alone, angry, desperate, disappointed, and in fear on spending the rest of my life in prison, with no hope of getting out, unless I escaped.

I changed my mind about committing suicide because I didn’t want to put my family through having to deal with me dying that way.

Today, as a man who walked out the prison doors, even though it was thirty-years later, I am glad I changed my mind about suicide, escape, and all other aspects of my self-destructive mindset and associated behaviors.

Quora.com Blog Posting

In recent weeks Wayne T. Dowdy focused on building a fan base on QUORA.com.

[Updated: January 15, 2019]  The following post comes in response to the QUORA question, “How does serving time in federal prison compare to state prison?” which has received almost 15,000 views  since its posting on December 26, 2018:

When I first began my sentence, an old-timer said, “The states control you physically he following and the feds do it psychologically.”

I found that true. The feds use incentive-mechanisms to control its prisoners (gives prisoners something to lose, recreation privileges, more freedom of movement, better living conditions; something authorities take or restrict access to for misbehavior).

The typical prisoner mentality in the federal system is milder, less violent than many state prisoners. Again, an old-timer gave me a few words of wisdom:

“The federal system lulls people to sleep because it’s more laid-back, and there’s not as much violence every day, so guys forget where they’re at because they get away with so much. And then when one of them does something stupid to the wrong person, he gets stabbed or killed.”

I behaved better in the federal system than when I served time in the State of Georgia, where violence dominates every day activities.

My published writings show the difference between the young knucklehead I was while serving time in Georgia where I didn’t have much to lose, in comparison to the responsible man I become, due in part to the aging process and having programs available to help me change. Read The Price of Change by Wayne T. Dowdy, Midnight Express Books, for an example of the differences in my behaviors in the State versus the Federal system.

Being paid for working in the Federal Prison Industries (UNICOR) made a significant difference because it allowed me to take care of myself, rather than to burden my family for support, and that made me feel better as a human being.

The difference in my behavior illustrates the effectiveness of incentive programs, as well as the difference in the life of a prisoner serving time in a federal or state system; however, prisoner experiences vary.

ONE MORE FROM THE ROAD

one more from the roadMy favorite version of Freebird by Lynyrd Skynyrd, is on ONE MORE FROM THE ROAD, recorded at the Fox Theater in Atlanta, GA, one block from my birthplace.  This Freebird en route to Atlanta got one more lockdown in for the road.  More will be revealed.

 

The 35-year sentence that I began on August 18, 1988, has finally reached its end.  Well, at least, close to its end.  When I leave August 28th, as it now stands, I have 192-days in the halfway house and 5-years on supervised release, following satisfaction of the 420-month term of imprisonment imposed by the court.

 

This blog contains mixed topics; some written from a positive perspective, others from a not-so-positive perspective.  I’ll tell some of what my last month has been like living in an institution ran by the most absurd federal prison administration I’ve ever lived under for the last thirty-years.

 

DEPARTING:  I’m leaving behind many friends, a lot of good men, and a lot more defeated by an over-abundance of suboxene and bug poison (K-2/Spice) that flooded this compound within 6-months of this warden taking command.  Based upon statements made by inmates at the last institution she ran, the same thing happened there:  she reduced alcohol consumption that resulted in an increase in demand and availability of K-2 and suboxene.

 

Concerning wardens that Washington officials began referring to as Chief Executive Officers (CEO), because of, in my opinion, the federal prison system becoming a business-venture, more so than a place to help its men and women become law-abiding citizens.

 

The Congressional budgeting system allows wardens and executive staff to take home hefty bonuses by cutting operating cost, often at the expense of the safety and health of staff and inmates alike.

 

Throughout the years, I’ve met many good men and women who worked for the BOP, a few of whom helped save the lives of myself and others by offering their time to provide needed services to help prisoners learn life-skills; especially, for those in programs designed to help addicts and alcoholics learn to live life without the use of drugs and alcohol.

 

JOURNALING INTO A NEW LIFE:  This time 23-years ago, I was writing in journals about my newfound way of life (living without using drugs and alcohol, and working on becoming a better man who lived by different spiritual principles).  Here’s two excerpts I hope will inspire others:

 

August 23, 1995:  “This new lifestyle is a lot more simple and easier to live by in this environment, because I don’t have to worry about getting a U.A. [urine-analysis], going to the hole for being stupid, or having to try so hard to get by.  I used to have to hustle to support my dope habit, but not anymore.  I never had food in my locker, but kept the lockers of dope men well-stocked.  Now I have food to eat, good shoes to wear, and can afford to send money to my family as gifts or to buy other things I want or need.  I have time for Wayne and I care about Wayne.  Wayne deserves to be cared for, because he’s a worthy human being, and really is not a bad guy, so I’m no longer trying to destroy him.  I’m trying to ‘set him free.’  He deserves that!”

 

September 13, 1995:  “I have began my pursuit of freedom, which could end up being a fruitless search from me on the legal angle, but if God wants to see me free, I will be free.  If not legally, in spirit, which is most important.  I would like to be legally free, because I know I can make it out there now, and know I have a lot of valuable experience, wisdom, and knowledge to offer certain segments of society.  For that reason, I deserve another chance.”

 

LEGALLY SPEAKING:  The legal pursuit of my freedom proved fruitless and a waste of time, energy, and thousands of dollars, but it did keep me occupied and I learned a lot.  If you consider the success I had getting my halfway house date changed and the knowledge gained, it was beneficial.  I also helped free others.

 

During the legal Pursuit of Freedom process, I damn sure learned that what the law says doesn’t matter:  If the courts want to follow the law, they do.  If not, they use their power and ignore the law.  After I build straightfromthepen.net, I will post court documents from my case and others to prove what I just wrote.

 

ALONG SPIRITUAL LINES:  I know everything worked out the way it was supposed to, and that if the courts had followed the laws passed by Congress, and the court decisions I relied upon during my direct appeal process, I would not be alive today.  I had a bad drug problem and ill intent for several years after my conviction.  Today I don’t have either and will live the rest of my days in peace, clean & sober, and, for the most part, healthier than when I arrived in 1988.

 

LIFE NOT ACCORDING TO WAYNE:  Most of these last few days of my life in prison have not went according to my plan.  I planned to attend the last few A.A. and N.A. meetings; to quit my job on August 17th, and then spend some time outside on the recreation yard to exercise and tone up my body, and to work on my suntan in preparation for all the fat-butt-girls waiting to chase me.  😉

 

The warden closed the recreation yard over three weeks ago and spoiled my Suntan Plan.

 

RECENT EVENT:  The warden’s closure of the recreation yard indirectly resulted in a clash between two ethnic groups in the Chow Hall on Sunday, August 12, 2018.  When tension builds amongst an inmate population, and one ethnic group gets punished and suffers because of an action by another group, a tender box is born; complements of the warden, captain, or other prison official, who implemented unnecessary punitive actions in response to an issue, such as is the case at hand.

 

(Read “Politics & Prison” (11/07/16) where I wrote in response to this warden’s use of group-punishment techniques, and show how it creates conflicts in a prison population and is thus not a rational correctional-management tool for all situations:

 

“MORE ON BLANKET PARTIES:  If certain prisoners are given a blanket party or ‘sanctioned’ by their peers for failure to comply with rules or regulations, it may lead to extreme violence; therefore, the ideological control mechanism for military men and women does not work on prisoners, or otherwise has adverse effects; that is, unless the prison administrators really want prisoners to clash.  Many administrators have ulterior motives.”)

 

THE CHOW HALL FIASCO lead to 5-prisoners suffering injuries severe enough to justify a trip to the local hospital for treatment.  I was inside the chow hall during the fiasco.

 

NO OUTSIDE RECREATION:  The reason for closing the recreation yard was because staff found homemade wine buried beside an area known as the “Boom Boom Room.”  Prison staff have known about the problem for years, including the whole period of this warden’s stay (about 2-years).

 

Staff have probably dug as much as 50-75 gallons of wine out of the same spot, and yet, instead of being intelligent enough to use available technology (posting surveillance cameras in the area as most competent prison administrators do in problem areas), the warden/prison administration, chose to close the recreation yard to tear down the Boom Boom Room.

 

The recreation yard is a place where men go to exercise or relax, to relieve anger, stress, and tension associated with prison life or just to stay healthy.

 

TINDER BOX:  The closure of the recreation yard created a Tinder Box because a few members of one ethnic group is responsible for its closure, as is the warden.  That put targets on the backs of everyone of that nationality.

 

THE CATALYST:  A inmate who worked the a.m. Food Service shift, stole fruit and hid it in a Dish/Tray Room, where prisoners use a dishwasher to wash food trays, utensils, etc.  When he returned during the next shift and learned his stolen-stash was stolen, he attacked a member of the other ethnic group, known to bury wine.

 

Several members of the latter group attacked and beat down the aggressor and that lead to retaliation by members of the aggressor’s ethnic group.

 

FIASCO RESPONSE:  The staff who responded got medical attention for the aggressor who received minor injuries, and then escorted him and four of his attackers down the walkway toward the medical department and segregated housing unit.

 

I sat at a table near where the ethnic group of the four attackers often sat.  After the incident in the Tray Room, I went to the opposite side of the chow hall and saw those escorted out the rear door of the Tray Room.  I returned to the other side and let my peers know of the events racial nature.  Then myself and most other non-participants moved out of the area to get out of the way of what was sure to follow.

 

Upon leaving with the offenders, staff locked the chow hall doors with approximately 150-200 inmates left alone inside with one food service staff member.  After 5-to-8 minutes of the racial situation brewing, the aggressor’s ethnic group attacked anyone who looked like they may have been of the other ethnic group, thus creating a racial riot inside the chow hall.

 

For approximately 3-4 minutes, food trays soared across the chow hall, injuring those hit; weapons of various types were used to batter opponents; fists and feet used where possible.

 

The food service staff member ran and locked himself in an office inside the chow hall.  I suspect he radioed for assistance, but I never saw him come out of his hiding spot into the Battle Zone, evidence of being a true coward.

 

According to what an associate who stayed in the Battle Zone, one staff member came in through the rear door of the Tray Room, ran in and began spraying all aggressors with Pepper Spray.

 

Two staff members made the wrong turn and came to the non-participant side.  One pointed a camera at us and said, “Get on the ground.”  And then later, “Turn and face the wall.”

 

I knelt down on one knee but did not turn to face the wall.  An injured Hispanic participant had came from the Battle Zone with blood running down his head from different angles and dripped blood on the floor in front of me.  The violence was still in progress twenty-five feet away: I knew not to expose myself to flying trays by turning around when the two dummies did not even notice that those of us standing against the wall were docile.

 

The other staff member who made the wrong turn, used profanity directed toward one man and threatened to spray him with pepper spray.  During this time, you could hear inmates attempting to rip pipes from their fixtures to use as weapons in the Battle Zone, while those two knuckleheads wasted time messing with us.

 

Finally, one of the guys standing against the wall shouted out, “We aren’t the one’s fighting.”

 

The camera man turned and then moved to where the action was going.  The dummy with the pepper spray turned and followed him.  Another staff member came in and said, “Y’all just get down on one knee.  I’m trying to look for injuries.”

 

He pointed to the injured Hispanic and said, “You, get over there.”  Then he said, “Is anyone else injured?”

 

Maybe ten minutes later, the crowd dispersed toward a door and began to exit on the opposite end of the chow hall.  I followed.  We returned to the living units and was locked in our cells for about a week.

 

GOD’S WILL VERSUS MINE:  I also planned to mail out some of my property on Thursday at R&D Open House.  We can only mail outgoing packages, after approval by unit staff, and then during Open House on Tuesdays and Thursdays.

 

A sign on the door showed “No Open House Today,” but if you were to ask the Warden or one of her officials, you’d be told that Open House is opened during all schedules periods; a lie I have been told before.

 

Well, that’s where God’s will versus mine comes to play.  I believe that whenever I’m faced with such obstacles that there’s a reason for it and that it’ll work to my good.  In the past it always has and this time is no different.  The delay gave me more time to sort through my ton of property to lighten my load as I set out to travel the Road to Happy Destiny.  🙂

________________________________

More to come from this author at https://straightfromthepen.com  Email:  info@straightfromthepen.com

BOOK REVIEW – The Last Confederate Coin

last confederate coin book coverBOOK REVIEW by Wayne T. Dowdy:  THE LAST CONFEDERATE COIN, S.G. Garwood and Dr. Jonathan M. Jackson

 

Horace Lawson Hunley designed a murderous device during the American Civil War: the H.L. Hunley, one of the first hand-cranked submarines, the very craft that took his life.  The South led the race to create the first hunter-killer submarine.

 

Authors S.G. Garwood and Dr. Jonathan M. Jackson, capture the reader’s attention with graphic details of America’s bloodiest and most gruesome war, the War Between the States, as they take you into the confines of the H.L. Hunley during its missions.

 

Historically, on February 17, 1864, the brave men of the H.L. Hunley sunk the U.S.S. Housatonic off the coast of Charleston, South Carolina.  Something went wrong during the process and Lt. Dixon went to the bottom of the ocean with the Hunley and its crew, to lay at rest for 136-years; the vessel did not resurface until August 8, 2000.

 

The submarine took the lives of thirteen other men before its final voyage in 1864, where it took the lives of its last eight brave men, claiming a total of twenty-one men throughout its brief history; five on its first voyage and eight each on the last two.

 

Reading the novel and seeing the numerous photos, assists the authors at telling a story about the lives of its main characters and the story behind the H.L. Hunley, most all based on historical facts, with a love story woven into its fabric.

 

The Last Confederate Coin falls within the historical-fiction category, but there is a lot of truth in this fiction:  A Confederate coin discovered inside the H.L. Hunley tells a story in itself and helped to identify its owner.  That is a fact!

 

The plot and scenes create a vivid image of what life was like for many of those trapped in the American Civil War, and of those heroic men who lost their lives fighting for a cause, but the authors take the readers deeper than that, below the surface and into the depths of the ocean with those last eight men on the final voyage of the murderous device.

 

TO ORDER:  Online for $22.95 plus S&H

https://www.lulu.com/shop/search.ep?keyWords=The+Last+Confederate+Coin&type=

 

ORDER DIRECT:  send email to Alexius Rex Publications:  alexius@sc.rr.com (Corrlinks friendly)

RETURNING CITIZEN by Wayne Dowdy

broken chain

I see the worm hole up ahead.  Entering the worm hole, I’ll be traveling at warp speed as I race toward the future.  Images zooming by so fast that I’ll only see blurs of the present as thoughts and ideas for the future bombard the senses.

The future that glitters on the other side of the worm hole is a place I never expected to see, back when I began this voyage into Never Never Land.  I sat in jail contemplating suicide because of the extreme dissatisfaction I felt in myself.

Love for my family kept me alive.  Despair ravaged my soul and whole sense of being because of what I had done that put me in another jail cell.  Miraculously, I thought of the effect my death would have on my loved ones and cared enough about them to decide not to end the life I had ruined, at least, so I thought (that I had ruined my life).

Never lose hope.  Life changes.  Circumstances change.  Life is good today.

This past weekend I began reading “Man’s Search for Meaning” by Victor E. Frankl, who was a former prisoner in a German Concentration Camp.  A notable quote he used that’s relevant to a prisoner’s experience, as well as in many other facets of our human existence, was one by Nietzsche.

Frankl wrote, “There is much wisdom in the words of Nietzsche:  ‘He who has a why to live for can bear almost any how.'”

In reading of Frankl’s account of his life in a German concentration camp, I can appreciate the difference of life inside an American prison compared to the life of a prisoner of war in a foreign country.

When I began this sentence, I had a “why to live”; one driven by mass amounts of anger and resentment.  But that “why” was killing me.  Several years later, when I experienced freedom from those negative emotions, I was liberated.

Another favorite quote of mine is in regards to resentment that also came from Holocaust survivors.

“A former inmate of a Nazi concentration camp was visiting a friend who had shared the ordeal with him.

“‘Have you forgiven the Nazi’s?’

“‘Yes.’

“‘Well, I haven’t.  I’m still consumed with hatred for them.’

“‘In that case,’ said his friend gently, ‘they still have you in prison.'”

Ernest Kurtz & Katherine Ketchum, THE SPIRITUALITY OF IMPERFECTION.

August 28, 2018, thirty-years and ten days after I walked in the door of a confined and restricted environment, bound and chained with cuffs on my hands and ankles, I’ll leave en route to a Residential Reentry Center (RRC)/halfway house as a returning citizen, without chains dangling from my aging body.

I received a new RRC date and an increase in my RRC placement period (the former 119-days were replaced with 192).  My former date was 12/26/2018:  It really pissed me off to have an RRC date for the day after Christmas.

Now I will be home for Christmas!  😉

RETURNING CITIZENS:  the Reentry Affairs Coordinator, Ms. P., told me and others in the office that the new term for those exiting prison life is “Returning Citizens,” in place of ex-offenders, or ex-cons.

As a returning citizen, I know I will face many new problems as I forge my way into a bright future.  Discouraged, I am not.  I am eager to face challenges and to find solutions and conquer all conflicts and obstacles that stand between me and my success as a returning citizen.

A friend who returned to society years ago, once told me during a phone conversation that he sat complaining as he tried to figure out which girl to take on a date.  Then the thought occurred, “I bet Wayne would love to have my problem.”  🙂

Yep, Wayne would, just as many of those I’ll leave behind would love to have some of the problems I may encounter along the way toward the future.  I’ll try to remember that if my gratitude escapes during times of character-building episodes of Life Happenings.

Perhaps the new experiences I encounter will allow me to learn something to pass on to others who will follow in pursuit of their future.

HOW MY RELEASE DATE CHANGED:  Some of this information is redundant from another blog; most is not, which I will share in the words of the famous radio host, Paul Harvey, as “The Rest of the Story.”

A May 10, 2000, Progress Report, showed May 29, 2020, as my Projected Release date; derived from the amount of eligible Good Conduct Time, subtracted from the maximum 420-months of incarceration, set to expire on August 17, 2023.

On January 2, 1990, staff informed me that the Georgia State Board of Pardons and Paroles filed a Temporary Revocation Warrant.  I wrote a letter on that same day to request the withdrawal of the warrant because I sat in jail until after my parole expired and was not being given credit off my federal sentence due to that time being applied to my state sentence.

On April 19, 1990, the Parole Board withdrew their warrant.  Over a decade later, I used that letter to establish the legal basis of a challenge to the federal jurisdiction relied upon to put me in prison for thirty-five years.

In 2002 the BOP awarded me 188-days of jail credit that it had refused to give for fourteen years.  In court, I used the 188-days spent in jail before federal sentencing to establish that the jail time was applied toward a state sentence.  Then the BOP credited me with a total of 401-days (from the day of my arrest until the U.S. Marshals took me into federal custody on September 22, 1989).

That changed my date to April 24, 2019, but that still was not right:  I just couldn’t figure out how back then, even though I was no longer on drugs.

Only after my case was docketed in the United States Supreme Court, where I was set to prove the Department of Justice unjustly convicted me in a court without jurisdiction by violating Article IV(e) of the Interstate Agreement on Detainers Act, did the BOP decide to give me the jail credit that was due.

LEGAL RESEARCH:  While researching the halfway house issues I’ve written about in “Life Inside,” “Half A Problem,” and several other blogs after the BOP modified its halfway house policy (began changing/reducing RRC dates), I learned that Section 3624(b) of Title 18 of the United States Code prohibited the BOP from deducting more than 54-days per year for disciplinary infractions.

As written in “Reentry Plans & A Friend Moves On,” I lost 82-days in 1990.  However, when I reviewed my Sentence Computation Sheet, it did show I was not awarded any GCT for 1990, but did not show that the 28-days above 54 (82 minus 28 = 54) came off in 1991.

The Sentence Computation Sheet showed the maximum allowable GCT as 1,576-days.  That did not compute, even after I applied the formula used by the BOP as illustrated before the Supreme Court in Barber v. Thomas (2011).  I then submitted a request to my case manager for correction.  He referred me to the Records Office.

I sent an electronic request to staff to the ISM and relied on the Code of Federal Regulations to challenge the GCT calculation.  The issue was resolved during a Release Audit on March 29, 2018.  I was given 54-days per year on having served 30-years of the 35-year sentence.  Thus comes the confusion in inmates attempting to figure out their Projected Release dates.

On a ten-year sentence (120-months), a prisoner would think he or she would earn 540-days (10 x 54).  Not so!  The prisoner only earns 470-days because the formula doesn’t allow prisoners to earn time off any portion of a sentence not physically served; therefore, in that example, the GCT earned during the second through eighth years, is deducted from the ten-year total.  That eliminates GCT credits for the tenth-year and a portion of ninth.

The remaining portion of the ninth year (less than one-year) is prorated at fifteen percent.  In my case, 205-days remained, prorated at 15%, allowed me to earn thirty-one more days, which, by statute, won’t be awarded until the last six-weeks of my sentence.

The corrections are what changed my release date from April 24, 2019, to March 10, 2019.  But because March 10th falls on Sunday, I was given the date of March 8, 2019 (that will change to February 5th or 7th during the last six weeks).

Afterwards, my case manager contacted the Residential Reentry Manager and requested a re-adjusted date because the change in my Projected Release date reduced my RRC placement period from 119-days down to 72-days, which would then become 43-days when awarded the prorated portion (31-days).

Now you know the Rest of the Story.  🙂

OFF THE RECORD:  I sat in my cell listening to Alice Cooper on Uncle Joe Benson’s, Off the Record, on Sunday morning (08/05/18).  As I sat listening, I wondered what my life will be like in September when I am sitting in the halfway house in Atlanta, or at my residence upon my release.  Will I take time to listen to such programs?  Will I be interested or have other things to do?

One thing I feel certain about, is that I won’t be living the thug life.  As I wrote in “Guns, Drugs & Thugs:  Drug Store Spree,” I am a retired thug.  I hung up my guns and now use words sharper than razors, more powerful than bullets and bombs; softer than butter, sweeter than honey; rough and tough, or kind and gentle, clean and straightforward.  Whatever the situation warrants, I’ll use select-words in the construction of sentences and phrases needed to fight battles or to mend wounds caused by my past, straight from the pen, a different pen.  🙂

_____________________________

In September, StraightFromthePen.com will activate a new email address for special deals on books, essays, short stories, and updates on the status of StraightFromthePen.net and .org:  info@straightfromthepen.com.  Posting will be determined based upon legal aspects and rules governing life in the semi-free society.  Expect an update to my author’s page at https://www.smashwords.com/profile/view/WayneMrDowdy and at other social media sites.

EXTRA SPECIAL BREAKING NEWS

celebrationOn August 28, 1978, I was arrested in Lebanon, KY and ultimately went to prison in Georgia for 7-years. I was released on August 1, 1985, and then arrested on this current case on August 18, 1988. The Kentucky State Patrol followed me across the Tennessee state line, where I was arrested by Campbell County Police in Tennessee; ten days short of ten-years from the date of my previous KY arrest. Now I will be leaving here for the Halfway House in Atlanta, GA on August 28, 2018. 🙂 That is thirty-years and ten days after my arrest on this case, and forty-years after my first Kentucky arrest.

I succeeded at getting more halfway house time because of the time I won off the end of my sentence due to a miscalculation of my Good Conduct Time that I wrote about in my most recent blog. Miracles happen! Ironically, I went to the commissary today and while putting my food items in my lockers, I felt my case manager would be coming to tell me my date was change. The unit secretary gave me the good news before she left this evening after I came in from an NA meeting. 🙂

The news had my heart pounding like a shot of dope, or maybe it was due to all the coffee I drank at the meeting before coming in, or maybe because I only slept three hours last night and have been up since 2:30 AM. I unsuccessfully tried going back to sleep by trying every technique I knew to relax myself so I could sleep. Nothing worked. A lot of times before something spectacular happened in my life, whether good or bad, I experienced the same thing (couldn’t sleep well, usually for a three or four days before the events occurred). At any rate, I am thrilled to share my Extra Special Breaking News with each of you. 🙂

Have a wonderful day! Wayne