September 7, 2007 Rally at the Capitol, Sacramento

Remarks made by Theresa Vaughn

Grieving Mother of Timothy Souders

Story appeared on CBS "60 Minutes" Twice in 2007

 

 

Hello, My Name is Theresa Vaughn; my son was Timothy Joe

Souders he died on August 6, 2006 at the age of  21, in the

segregation unit, at Jackson Prison....

 

I'll say what I said in my first speaking engagement ~~~ " I am, what I am, a woman who has lost a child, not a public speaker, it is very hard for me to tell you about Timothy and what I've witnessed on those video tapes. I never want to see another family, go through what my family has been through. ~~~

I did not choose this battle; the Michigan Department of Corrections, did that for me. But I am in this fight for Mental Health care reform and Reform of all Prison's and Jails in our Nation.

 Timothy ended up in Michigan's unJust Justice system at the age of 19. His crime was Mental Illness and shop-lifting for his rent money.

A non-violent offense, that turned into a Death sentence just months before Timothy would have been released from a unjustifiable Prison sentence.
 
He was only 21 years old, when the Michigan Department of corrections killed him by not giving him water during a heat alert in Michigan last August. Timothy did not receive a fair chance at life or a fair sentence for the crime he committed.
 
 
Timothy was in the pre-release program due to be released Febuary 21, 2007. He should never have been in jail much less prison. Timothy had made huge improvements in his education while behind Michigan's walls.
 
Timothy's story aired on " 60 Minutes ", Febuary 11, 2007 and again with a up-date on July 22, 2007. You can watch both shows on " 60 Minutes ", web page, at http://www.cbsnews.com/stories/2007/02/08/60minutes/main2448074.shtml
 
" 60 Minutes " CBS , and 2 other major News networks stations, ABC, NBC contacted me after Jeff Geritt, an Investigative reporter for the "Detriot Free Press"  wrote a front page News story detailing my son's Medical Neglect and inhumane torture over a 5 day period which is all on Video tape. The AP press picked up the story the next day.
 
Mr. Geritt was able to get the details of Timothy's cruel Death though " The the Freedom of information act ".
 
A prisoner notified the federal monitor and Jeff Geritt of " The Detriot Free Press'' two days after Timmy's Death. The Federal monitor is in charge of the 3 Jackson  Prisons in Michigan under a federal decree won in the late 1980's by the prisoners known as the " Haddex case. "
 
The Haddex case is a class action law suit against the State of Michigan, that was brought against the State in 1985- the year Timothy was born (The first New Years baby in Lenawee County) after the prisoners Rioted in the 3 Jackson Prisons in Michigan was because of the unconstitutional, inhuman, conditions within the prisons. The prisoners won the class action lawsuit, which to this day is still being violated by the department of corrections staff, and enforced by Federal Judge Enslen. 
 
The three Jackson Prisons out of the 50 prisons in Michigan, are still under Federal Decree acts. One of these decree's is that all segregation rooms and observation rooms must have cameras installed in them with 24 hours a day monitoring date and time stamp recording, everything that takes place inside the segregation unit. Also, any time anyone enters a segregation or observation room, that person must be videoed with a hand held camera, that has sound to record what is being said.  This is how you were able to witnessed what happen with Timothy on  " 60 Minutes " , and the ACLU's national web site.
 
These camera's are not there because the State wants anyone knowing what is going on inside our Prison system, these cameras were installed in 2003 because of continued deaths in segregation with conflicting investigation reports coming out of the prisons.
 
The fact that Timmy's Death is the first one to become national news, is a miracle. Money saving procedure at Jackson prison to erased these tapes every 7 Days, as a cost saving Policy. Because of that phone call to the Federal Monitor and Jeff Geritt. The Federal monitor made a surprise inspection of the tapes two days after Timothy's Death, not giving the state that seven day to erase the tapes.
 
Just a little information on how Corrections Departments works in every State. At 11pm on Sunday August 6, 2006,  I received a phone call telling me my son had died in his sleep, probably as a result of the medications he was on. The Federal monitor wrote a letter to Judge Enslen asking for an Emergence hearing on Mental Health issue's, in the segregation unit. On August 18, 2006, Jeff Geritt FOIA'ed the letter describing why the federal monitor wanted this emergency Hearing, and wrote a front page article with the fact's from the video's on August 20, the day I was having my Son's memorial serve at church.
 
You can read the letter on my Sister's Memorial site, just as it is in the public records.
 
 
Up Till August 20, 2006, for 14 days, the department of Corrections had never said Timothy was in Restraints when he died , laying naked chaired down in his own urine and feces, to a concrete bed, in 100 degree weather, going for 17 hours, 15 hours and another time for 12 hours, without anyone enter his cell to give him water or let him up to use the restroom. That is 2 full 8 hour shifts, the first night, a shift and a half the next time and another full shift, that my son was neglected and tortured.
 
Timmy's autopsy report that took 6 months to do, when we were originally told the report would that 4-6 weeks. Timmy's autopsy showed that Timmy died of Dehydration, a lack of water, with complicating factors being the restraint procedure not allowing him up drink.
 
We, as citizen's can not leave our pets in these conditions without being charged and going to jail for animal cruelty. The Michigan State police did a 3 day investigation watched the video's and determined no one was responsible and no one would be charged, this ties back to the fact that there is no accountablity in any State for Corrections officers, except to place civil action Law suit's.
 
I know you can not receive the little bit of accountability and Justice we receive in Michigan, because of the Law here in California that caps Money damages for civil Suits. We have no such Law in Michigan.
 
Jeffery Clark the other person featured on the same " 60 minutes " that showed Timothy's painful Death, his family was awarded three Million Dollars in May and 11 corrections officers was found guilty of neglect and failure to provide life-saving medical treatment. There was no taped evidence of Jeffery Clark's abuse and neglect the camera's were installed after Mr. Clark's painful death, his family was told he had died in his sleep in 2002, four whole years for the state and the corrections department to have time needed to improve the system and make changes. Jeffery Clark's autopsy also showed he died of dehydration in July during a heat alert 2002.
 
Jeff was never in restraints. The Guards choose to shut his water off for 5 days. This was in written documentation. four guards and the psychologist in charge in Jeffery's case was charged with perjury after the civil suit. At least 6 others have died from dehydration, before my Son passed away last summer, and another person this summer. Dehydration is a very painful death, and is so very preventable, you do not die if you have water it is that simple. If the corrections officers do not have the compassion to give water to people during a heat alert, where does the compassion as a State employee start? 
 
If we have people dying from lack of water what do you believe is really happening to the people behind prison walls? Your loved ones, your friends, sons and Daughters that are medically fragile and have uncontrollable out breaks related to mental Health problems.
 
These problems do not just Happen in Michigan, Or California, people's constitutional 8th amendment rights, the constitutional right to adequate health care, is being violated in very State.
 
I know this for a fact. I work closely with Families all over the United State's, right here in California I've worked and supported Donald's Brandish's fight for justice for almost a year, his mother contacted me thought the Internet last year shortly after Timothy's Death. Donald's family is here today, driving 3 hours to show there support of these bills and the changes needed in California.
 
If, Mr.Schwarzenegger, put in place the same Monitoring not preventive measure's here in California, and took off the civil caps on Law suits, the tax paying public would be concerned and out raged at what really goes on inside prison, the tax payers would start demanding that the Government and Corrections Department do the responsible, and compassionate thing necessary thing to keep California out of the same Budget crisis we face in Michigan. Spend the taxpayers money wisely build hospital's and out source rehabilitation centers, make jobs for people in places they can save lives and do what is the justifiable thing to do..
 
Prisons are to house people whom have committed a crime, and rehabilitation those that need help. Prisons where never intended to torture people, house Mentally Ill persons, Or be hospitals for fragile Ill persons.
 
Though trained in containment, correctional officers are not necessarily skilled in humane treatment. Medical knowledge or the needs of persons with mental health issues. Screaming profanities, mocking inmates who have the misfortune of standing out because of mental illness or acting out as a result of prison environment, this only adds to all our loved one's and Family's burdens, in addition, the inability to obtain knowledge of what is happening to a loved one when they become Ill and need care is very stressful to all persons involved.Trying to receive fairness and Justice, creating more health and mental health problems.  
 
 
Where has our humanity for people whom are poor and sick gone. After hearing Mr.Schwarzenegger''s comments this morning, on these basic life saving bills, I wonder.
 
Where is his compassion for the sick and dying in his State. I flew all the way out here from Michigan because I beleive people deserve a fair chance at reform and the constitional right to pursuit life.
 
Why go through the expense of giving a person, a human being, some one's child, Brother , Father , Mother , Sister , Friend, the benefit of a trial, when the Corrections Medical staff, and Correction officers, are allowed to become the true Judge and Jury and the Executioner, for pretty crimes ?
 
 " If we as a society are going to lock people up, keep them incarcarated for long demeaning periods of time, for simple non- violent crimes, then it is time to move out of the DARK ages and into the 20th century." Please do the humane thing. Call the Governor and remind him he works for you, we need your support in getting these bills passed.
 
There are 17 Million people in the US with either a loved one in jail or prison or they know someone on probation. The Hilton's and the Bush's included in this category. Do not be ashamed of the fact that your loved ones are in this catagory. We the everyday working people, the poor, cannot buy our children's freedom, like the Hilton's.
 
If 17 Million of us banned together to raise out voices for those that do not have a voice in Prison. We would be heard
 
 
How many people have to die in the hands of California Corrections Department before it becomes Humane and Compassionate?
 
After Timothy's video taped Death, the Federal judge fined the State of Michigan 2 Million Dollars, and Banned the use of restraints in the three Jackson Prisons that he has Jurisdiction over. This is the only ban on restraints in the US.
 
 
A doctor appointed to monitor health care in Michigan's prisons testified in Federal court November 2006, that :
 
   " The use of four-point restraints as punishment for prison inmates meets the American Medical Association's definition of torture and should be discontinued, More people will died from medical neglect and mental break down, that happens while people in Prisons are in restraints. "
 
 
Timothy was not the first, Timothy was not the last, and there will always be cruel sensless Deaths without Humane and Compassionate Reform.
This is another reason Mr.Schwarzenegger your Governor, needs to sign these 2 bills into Laws. There are no checks and balance's in the Corrections Departments all across the United State's. I heard on the local TV broad cast this morning, Mr. Schwarzeneggar, did sign in a Bill to Build more Prisons and said give the prison's more time to work.
 
People in Prison do not have more time, nor should we as Humane beings in a So called Civil society be keeping people locked up in living condictions worse than we can keep our pets without being jail ourselfs.
 
We as a civilized Nation, can not possibly justify keeping Medically fragile persons and people with mental illness's housed in prisons.
 
If Timothy's death was not on tape,  it would have never reached " 60 Minutes"  or national head lines.
 
 Please get out and organize the votetors, join the Union and B. Cayenne Bird, let us as American's vote out the deadwood killing our Family menber's and lobby, organize and vote in people with understanding, Education, and most of all ... more compassion for our loved love's than our pets.,

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