Skip to main content

Death Row Solitary: 'Their Walls Have Driven Them Mad'

Typical Texas death-row cell
Typical Texas death-row cell (Source: Minutes Before Six)
Anthony Graves emerged from solitary confinement over 6 years ago to become a national crusader for justice reform, but it took a recent report by researchers at the University of Texas at Austin to add new urgency to his campaign to reform the practice in his own state.

Graves spent more than 18 years in the Texas prison system, including 16 years in the all-solitary Allan B. Polunsky Unit, after being convicted for murders that he didn't commit. He was released in 2010 after DNA evidence helped exonerate him - but the trauma of his nearly 2 decades behind bars is with him still.

Graves started his own foundation - with about $250,000 the state compensated him for the years he was wrongfully imprisoned - to support his efforts. His argument that solitary confinement on death row is inhumane has been reinforced by the study published earlier this spring by the Human Rights Clinic at the University of Texas School of Law-Austin, entitled "Designed to Break You: Human Rights Violations on Texas' Death Row."

The study's title, he believes, couldn't be more accurate.

"Every day you have something going on in solitary confinement," Graves, who spent some 12 years of his solitary confinement on death row, told The Crime Report.

"From men going insane, to men dropping their appeals, to men overdosing on their medication - and some men not even being men because their walls have driven them mad."

Texas death row inmates, according to the report, are subjected to a total ban of visits from attorneys, friends and family; "substandard" physical and psychological health care; and lack of access to what human rights activists would consider "sufficient" religious services.

"Prolonged solitary confinement has overwhelmingly negative effects on inmates' mental health, exacerbating existing mental conditions, and causing more prisoners to develop mental illness for the 1st time," the report said.

As of April 2017, 233 men were on death row in the Texas Department of Criminal Justice's Polunksy Unit in Livingston, which "Texas Tough" author Robert Perkinson called the "most lethal" death row prison "anywhere in the democratic world." Another 6 women are housed in death row at the Mountain View Unit in Gatesville.

According to the UT-Austin study, inmates on death row spend an average of 14 years and 6 months housed there - most of the time in solitary.

According to a 2014 ACLU brief, Texas death-row prisoners had most of the same privileges as those in the general prison population until 1999, when they were effectively confined to permanent solitary confinement until their execution. Under current conditions, according to the report, inmates on solitary are confined to 8 by 12-foot cells for at least 22 hours per day, and are banned from socializing or eating with other inmates. Inmates are only able to see out a small window in their cells by rolling their mattresses and standing on them.

A bill calling for an Office of Independent Oversight Ombudsman for the Texas Department of Criminal Justice (TDCJ), which would increase transparency in the prison system was considered by the Texas legislature this session, but failed to move forward.

The problem is not confined to Texas. According to the UT-Austin Human Rights Clinic researchers, more than 3,000 death row inmates across 35 states are in solitary confinement. Most are isolated due to their original capital conviction - and not for behavior while in prison.

Some states have reformed conditions. 7 - California, Alabama, Georgia, Missouri, Nevada, Ohio and Indiana - now allow visits on death row with family and attorneys, for example.

But the number of exonerations has focused attention on what happens to all prisoners who experience solitary confinement.

Graves said he was fortunate to have a support system when he was released from prison. However, he says he suffered from PTSD, sleep deprivation and loneliness. He was so used to having only himself for company that he had a difficult time adjusting to the company of others.

"It's like landing on Mars," Graves said of his return to civil society. "The whole word has changed, and you have to deal with that. You're starting to feel like maybe you can't make it out here and you start to deal with it psychologically.

"The sad part is there are no facilities or programs trying to deal with these issues."

He believes inmates held in solitary confinement are set up for failure when it comes to rehabilitation, and that runs counter to the purpose of any criminal justice system. Considering that even inmates on death row could be released, as he was, on new evidence that exonerates their charges, authorities should not exclude those inmates from reform measures.

Researchers found "self-injury" is 8 times more likely, and suicide 5 times more likely, in Texas' solitary confinement than in the general population.

"Men are literally going insane and attempting suicide because of the way we're allowing the state to house death row inmates," he says.

A 2015 American Civil Liberties Union (ACLU) of Texas report backs up Graves' claim. Researchers found "self-injury" is 8 times more likely, and suicide 5 times more likely, in Texas' solitary confinement than in the general population.

Nevertheless, the Texas Department of Criminal Justice (TDCJ) counters that its processes and procedures are working effectively.

In a statement emailed to The Crime Report, identical to one published in The New York Times, and other publications, TDCJ Director Jason Clark said: "Offenders on death row are individuals who have been convicted of heinous crimes and given the harshest sentence possible under the law. TDCJ will continue to ensure it fulfills its mission of public safety and house death row offenders appropriately."

Clark declined further comment on solitary confinement or any of the study's findings.

Graves believes that conditions on death row will only improve if Texas and other states stop seeing solitary as a "weapon" used only to punish prisoners.

"Solitary confinement shouldn't be a weapon," he said. "But the way it's designed (currently), there is no way to properly get them ready to send them back out to the general population (in prison) or into the world.

"It's a recipe for disaster."

Nevertheless, Doug Smith, a policy analyst at Texas Criminal Justice Coalition, who was instrumental in pushing the bill forward, said there is evidence of progress.

A law went into effect Sept. 1, 2015 mandating that correctional departments conduct a mental health assessment prior to placing prisoners in solitary confinement. The legislation was a direct result of the ACLU study, which called for TDCJ to exclude people with mental illness from being placed in solitary confinement.

Smith, an ex-inmate who served some of his sentence in solitary, acknowledges that TDCJ now offers improved services to different segments of the prison population, including a program to help some inmates transition from administrative segregation back into the general prison population.

But other states have gone much further.
Polunsky Unit, Livingston, Texas
Polunsky Unit, Livingston, Texas

California loosened its stringent solitary confinement policies after a successful lawsuit in 2015 that followed a series of hunger strikes staged by inmates across the state in protest over "inhumane conditions and degrading conditions of confinement."

The strikes, deemed the largest of its kind, garnered worldwide attention and led to a series of legislative hearings including a lawsuit that ultimately ended the use of long-term solitary confinement in the state.

"We argued that prolonged solitary confinement is torture and cannot be imposed on any prisoner," says Rachel Meeropol, senior staff attorney and associate director of legal training at CCR, which joined the lawsuit in 2012.

"We successfully settled the case based on California agreeing to release thousands of prisoners who'd been in solitary confinement for decades into general population prisons. Under the settlement, California no longer puts prisoners in solitary based on gang association alone which is how so many people ended up there for so long."

Meeropol said Texas appears to be out-of-step with the rest of the country which is moving away from solitary confinement.

"We've seen several states over the last decade recognize that solitary confinement is not necessary for prison security," she states. "In fact, it's counter-productive, and based on the (UT-Austin) report, it seems clear that Texas' solitary confinement system violates the Eighth Amendment and is desperately in need of reform."

In March of this year, 3 death row prisoners in Louisiana filed a lawsuit on behalf of all death row inmates at Louisiana State Penitentiary at Angola, asking for a change to the prison's policy that automatically places all of them in solitary confinement without opportunity to challenge their placement.

Betsy Ginsberg, director of the Civil Rights Clinic and clinical associate professor of law at Yeshiva University's Benjamin N. Cardozo School of Law, believes such lawsuits can set a pattern for change elsewhere in the country.

"Prisons have a set of factors to take into account to determine what level of security a prisoner needs," she said. "It doesn't need to rely just on someone's sentence..... It should be how well they behave inside a prison."

Ginsberg said the growing opposition to solitary confinement has been boosted by statements from Supreme Court Justices Stephen Breyer and Anthony Kennedy.

"Window" of a typical Texas death-row cell (Source: Minutes Before Six)
"The view that is gaining consensus is that it is inhumane," she said.

That's encouraging to Graves, who has been crisscrossing the state to provide resources to the wrongfully convicted and ensure they have support to re-enter back into society. Graves was influential in convincing a key witness to testify in Alfred Brown's case, the latest Texas death row exoneree.

He has also in demand as a speaker on criminal justice issues at universities and organizations across the country. Recent appearances include: the American Bar Association Death Penalty Representation Project's 25th anniversary with retired Supreme Court Justice John Paul Stevens and the Anti-Defamation League's Summer Association Program.

Graves also testified at the U.S. Senate Judiciary Hearing on Solitary Confinement led by Sen. Dick Durbin (D-Ill), and frequently presents at ACLU Continuing Legal Education workshops.

Even as he sees reform happening in other states, he worries he will still wait a long time before anything changes in his home state.

"Texas laws are disconnected from the reality on the streets," said Graves, who is now studying for a criminal justice degree through an online program with the University of Maryland.

"[It's] one of the worst states when it comes to inhumane punishment."

Source: thecrimereport.org, Christine Bolaños, June 1, 2017. The author is a freelance writer based in Austin, Texas. She covers government, education, human interest features and business for numerous international, national and local outlets. Her work can be accessed at https://www.linkedin.com/in/christinebolanos/ or https://christinebolanos.contently.com/ She welcomes readers’ comments.

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most viewed (Last 7 days)

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”

Opinion | I Know Christa Pike’s Medical History. What Tennessee Did Is Unforgivable.

Dr. Zivot is an anesthesiologist and intensive care physician. He consulted on Christa Pike’s case before her attempted execution.   On Wednesday night, Christa Pike lay strapped to a gurney at Riverbend Maximum Security Institution in Nashville while the State of Tennessee injected pentobarbital, a sedative that is lethal in high doses, into her veins. When the 1st dose did not kill her, the execution team gave her a 2nd. At one point, she told the room her arm felt as if it were about to burst. She was nearly correct. More than an hour after the procedure began, an ambulance was called. She was severely injured but still alive. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

I’ve Covered Death Row Cases for Nearly a Decade. What Happened to Christa Pike Wasn’t an Anomaly.

Over the course of two hours, witnesses watched and listened as Christa Pike cried, whimpered and snored through Tennessee’s attempt to execute her. By the end of it, executioners had given her two doses of the state’s lethal injection drugs. Her arms were swollen and blistered, and one had turned purple, her attorneys said. And she was still alive, marking what legal experts say is the first time a prisoner in the U.S. has survived one dose—let alone two—of lethal injection drugs.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Indiana plans to proceed with execution after botched Tennessee attempt

Indiana prison officials plan to proceed with Jeffrey Weisheit’s Nov. 5 execution after a botched lethal injection in Tennessee prompted that state’s governor to halt executions and order an independent review. The Indiana Department of Correction said Thursday that it remains confident in its procedures despite using the same protocol as Tennessee. Agency officials offered no additional details about the training of those administering lethal injections, the role of medical personnel, or safeguards for execution drugs.

After Christa Pike survives lethal injection, America's shameful botched executions

The US is one of the few Western nations that still permits the death penalty, carried out regularly in 27 states. And in a country where regional political culture strongly favours retributive justice, it is no wonder capital punishment remains an enduring part of the American legal system. But following Christa Pike's botched lethal injection last week, fresh questions are being raised over whether executing convicted murderers and rapists outweighs the risks of an innocent person being put to death, or of an execution going so badly that a prisoner is left to die in agony, or even survives the attempt.