“Inmate” does not mean “no longer human”

I haven’t been keeping up with this situation as much as I should have. It’s a shame that this kind of rant is even necessary or has a reason to be written. You’re going to see me write a lot more of these. It’s not that I plan to permanently abandon the rants against corporate giants like Microsoft, Google, Apple, AT&T, etc. but this hitting so close to home means it kind of has to take priority for now.

Usually I’d split this into two posts. However, I don’t want any break of continuity, so it’s going to be one long one this time.

Two relatively recent articles in the Houston Press, entitled Jail Misery and Jail Hell (both by Randall Patterson) respectively, detail absolutely disgusting, despicable, inhumane, thoughtless, and unreasonable treatment by the Harris County Sheriff’s Department (HCSD) of some of its inmates.

The former article is what really got my blood boiling, and is the one I’m going to primarily focus on. The latter is kind of “more of the same” and can be classified as leisure reading for those whose blood isn’t boiling yet.

Anyway, on with the show. The first article is about Monte Killian, a 45-year-old offshore oil rig cook. According to police, Monte had a rock of crack in his mouth found during a traffic stop in Fourth Ward, and so he was arrested.

The second paragraph of the story is particularly alarming in and of itself, so is quoted here:

The U.S. Department of Justice had recently found that “certain conditions at the [Harris County Jail] violate the constitutional rights of detainees.” Justice officials were especially concerned with the jail’s health care system and “found specific deficiencies in the Jail’s provision of chronic care and follow-up treatment.” “Indeed,” they wrote, “the number of inmates’ deaths related to inadequate medical care…is alarming.”

And not surprisingly, HCSD denies it. Both county attorney Vince Ryan and the county’s media manager, Christina Garza, establish a horrifying and despicable pattern of denying wrongdoing and downplaying the very real and documented problems with the county’s medical care.

And Monte, who has AIDS along with other medical issues, definitely needs his medical care. Monte was without his medication for most of a week (July 31 to August 5) after his initial arrest, then was re-arrested for reporting late to a pre-trial drug testing on September 11. It is this, Monte’s latter stay in jail, where the really troubling part of this story begins.

Monte’s partner, Stephen Calmelet, began talking to the Houston Press when Monte was without medication for a week during the second stay. Finally, Monte gets his medication (it’s not clear from the story exactly when) from a “very apologetic” doctor. I’d like to think the doctor’s apology was genuine; the cynic in me seriously doubts the sincerity, however.

The story continues:

[Ms. Garza, the county’s media manager,] asserted by e-mail that “Mr. Killian has not been ignored, nor have his medical requests been denied.” More than that, Garza said, she couldn’t say about him, because of federal privacy laws. Can Killian waive his privacy rights and grant me his health records? Garza allowed ten days to pass before sending a brief e-mail: “Mr. Killian has stated that, in his best interest, he would like to withhold the release of his medical records and is satisfied with the care that he has received thus far here at the Harris County jail.”

Now, we’ll get back to this later. I apologize for any dizziness induced by that incredible spin job there at the end; were I a PR person, I’d never take such liberties with the truth.

If Monte really was happy with his medical care, that’s certainly not what he told his partner Stephen. We get to the part of Randall’s story where he interviews Monte, and we find out the truth (quoting the story again):

No, [Monte] certainly wasn’t satisfied with his medical care, he said. What happened was, he’d been taken alone into a room with a sergeant and “some officer in charge of media relations.” The media officer, who was male, had said to him, “You don’t really want your personal health information splashed all over the newspapers, do you?” And under those circumstances, “in fear for my safety,” Killian said he really did not, whereas now, he said, “I do think, out of civic responsibility, I should allow my situation to be publicized.”

It turns out the story gets deeper: everyone on a prescription who goes to jail has a break in their pill-taking regimen. What’s alarming, however, is that lapses in HIV treatment tend to be longer than the average. The jail clinic could easily call the inmate’s doctor and confirm the HIV claim. Instead of doing this, what do they do? They test the inmate all over again! Why? This makes no sense at all.

It’s all about the money. Monte was identified as having AIDS during his first trip to jail. He got his warfarin pills to treat the blood clots in his left leg almost immediately, without testing. Those cost $0.50 per pill. The Atripla for AIDS, on the other hand, costs $50 per pill, and Monte didn’t get those pills until September 19. (For those unfamiliar with HIV/AIDS medications, Atripla is actually three different drugs combined into one pill, part of the reason it’s so expensive.)

On September 22, Monte was found to be running a fever. He goes to the clinic. The first doctor to see him does something bordering on malpractice: he sends Monte back to his cell. Thankfully, the doctor on the next shift has a sense of humanity and medical awareness, calls Monte back to the clinic, and writes in his file: “Fever in a patient with AIDS. Transfer to LBJ [Hospital].”

A few hours later, Monte’s back from the hospital in his cell, a notation on his medical record for “strict ER precautions, return if worsening of symptoms/condition,” a prescription of a higher dose of warfarin (15 milligrams instead of the 10 milligram “subtherapeutic” dosage he was getting), and a new prescription for the antibiotic azithromycin. Thankfully they know what they’re doing at LBJ. Of course, sadly, that does not matter as much as it should…

On September 28, Monte has to tell a clinic doctor that the orders from the hospital are still being ignored. The doctor orders the higher dosage of warfarin in an underlined, circled, all capitals “NOW.” On October 1, he gets his azithromycin, but is still only getting the 10 milligram dosage of warfarin. Apparently, an underlined, circled, all capitals “NOW” was beyond the grasp of whatever idiots were working the pharmacy. The records end with October 7 so it is not clear if the warfarin dosage was ever increased.

On October 18, Monte runs out of his Atripla, the expensive AIDS medication. He’s without it for three days, on top of the week he was without it after being re-arrested, and the week without it after the initial arrest. That’s 17 days out of about three months.

Quoting the story once again, we come to a truly frightening turn of events:

Calmelet noticed that he began looking pale, “that internal-sickness kind of pale.” Killian himself wrote that he was having not just fever with “a great amount of sweat” but also chills, “severe headaches, nausea, blurry vision.” Believing that many of his symptoms were caused by an overdosage of Dapsone, another antibiotic he was taking, Killian tried to change the dosage, and when he couldn’t, stopped taking the Dapsone. Knowing the state of his immune system, he also stopped eating from the trays that were brought him, which he said were dirty, and instead, bought food from the commissary and drank only from sealed containers.

Now, let me explain something, and unfortunately, this is from my own personal experience as a former inmate. Lest anyone try to imply otherwise, I’m not proud of that in the least, but I put that out there in the hope what I say next is a bit more credible as a result.

When one becomes an inmate in an institution, whether it be a county jail, state penitentiary, or what have you, one’s needs become the responsibility of the agency running that institution. This includes food, shelter, and medical care. The mealtime trays are paid for by the agency (HCSD), and served to every inmate. Due to his compromised immune system, caused by the county’s Monte spent his own money just to eat. As an inmate, there is no way to land a paying job, so Monte is at the mercy of generosity of others and/or any money he may have earned in the free world. The food prices are ridiculously inflated, as well. A package of ramen noodles which costs maybe $0.15 at a grocery store sold for $0.50 as of the last time I checked years ago, and is probably higher now. Other items have similar markups; some are actually close to not being a ripoff.

Monte originally planned to take his case to trial, and rejected an offer of two years’ probation. By October 28, Monte pleads guilty. Not necessarily because he was guilty, but because it was the only way he knew to save his life.

And that part is what I believe to be absolutely, positively, unmistakably wrong. Even if the charges are true and the evidence is irrefutable, it is absolutely, positively wrong to deny medical care to a human being with a terminal disease, just to coerce that person into pleading guilty to a crime.

After being released the next morning, Stephen takes Monte to see his regular doctor. In the span of less than two months, Monte’s blood pressure went from 130 over 74 to 96 over 66, he had lost 20 pounds, and was jaundiced with blood in his nose and his stool.

Monte’s condition was so bad that the doctor immediately sent him to the emergency room less than one day after his release from jail.

At the hospital, tests reveal Monte has two forms of cancer (liver cancer and Hodgkin’s lymphoma), almost certainly not helped by the precarious state of Monte’s immune system during his time in jail.

Not surprisingly, Ms. Garza, the county’s media manager was less than thrilled with the journalism of Randall Patterson, and she lobs back this e-mail: “Mr. Killian’s medical issues were always promptly addressed by the physicians… Overall, our medical care professionals believe there are no indications of adverse outcomes and no indication that Mr. Killian was in a life-threatening situation.”

Liar, liar, pants on fire! I’ve never seen such a blatant lie. Shame on you, Ms. Garza! It’s people like you make the entire profession of public and media relations look bad. I’m horrified that my tax dollars pay your salary. The truth, the documented truth, is the exact opposite of this dollop of bovine excrement that frankly isn’t even worthy of the label “spin-job.” The vital signs alone between the two doctor visits are enough to completely discredit any notion that Monte’s medical issues were anything close to properly and promptly addressed. If HCSD’s medical staff took such great care of Monte, why was he in the emergency room the day after his release?

I’m being realistic here. I’m not expecting the jailhouse to become a taxpayer-funded imitation of the Hotel Zaza, or for that matter, even Motel 6. But to me, it is painfully obvious that HCSD either wilfully or negligently fails to respect the dignity of the human beings it is responsible for as inmates of its jail system.

I don’t care what kind of slick PR job Ms. Garza thinks she’s pulling here; this is the kind of spin that makes weaker men vomit from dizziness. The right thing to do in this situation is apologize. Apologize profusely, and communicate with the people one is apologizing for to be sure future incidents are being prevented. The rules of PR relations do not change when working for a government agency. They don’t!

I find HCSD’s intimidation tactics and loaded questions from its media officers (such as “You don’t really want your personal health information splashed all over the newspapers, do you?”) to be distasteful and obviously self-serving of its own best interests as opposed to the people’s. I find it horrifying we have sociopaths in charge of the care and custody of Harris County’s jail inmates, many of whom have not been found guilty of a crime and are merely awaiting trial.

I’m glad we have good people like Randall Patterson that cut through the crap and report the truth. I’m glad we still have the First Amendment in the USA; I probably could never post a similar piece about local jails as a resident of, say, China.

And Monte… I’m glad you’re alive, and I hope you make a full recovery. Your suffering was and is not in vain. Not on my watch.

Shining light on abuse of copyright for censorship

ReadWriteWeb recently reported on the EFF’s launching of its Takedown Hall of Shame. One of the most notable parts of this site-within-a-site is that there is a specific guide to YouTube video removals. (Aside: yes, I noticed the EFF is yet another organziation that insists upon using the loaded term “intellectual property” and maybe they are unaware of why it is so bad).

It’s sad that we even need something like this. Copyright is not inherently evil; as originally implemented, the Statute of Anne accomplished a quite noble goal when originally passed back in 1710. However, somehow, someway, we as a society (and it’s not just the US anymore, but most of the world) have gone from a reasonable, single 14-year term to what is a nominally limited term that in reality, may as well be perpetuity (70 years from the author’s death, 95 years from publication, 120 years from creation).

In addition, the entire concept of fair use has gone out the window. I wrote a bit about the NFL’s heavy-handed abuse of copyright back on 2009 January 15. (It’s been almost ten months, long enough for the next NFL season to have started, and nobody ever sent me a URL of a video of this play that is still online.) This is a clear example of fair use, about as clear as they get. And yet, YouTube yanks it because the NFL says “that’s copyrighted.”

I could go on and on. It’s time we move to restore copyright to some modicum of sanity: fourteen years, plus a fourteen year renewal, and then public domain. We also need more exceptions to allow for the preservation of works that would otherwise just disappear due to decay of the media onto which they are recorded.

Otherwise, we have something intended to encourage innovation, but which in fact discourages and destroy it. We don’t need that, and it’s time to wake up and realize that’s where we are headed. Don’t believe me? Patents are already being abused this way against computer software.

The evil Side(wiki) of Google

It took me a while to get to this one (most of a month), but I finally did. And I’m wishing I had dropped a few things to get to it sooner.

A recent Talkbiz.com blog entry details the dark side of Google’s new Sidewiki application. This real life example is perhaps the most shocking abuse of a technology with Google’s name on it ever recorded (and yes, this quote is a bit long):

A gentleman I know is a really hard working guy, who’s busted his butt for more hours in a day than I ever want to work, for years, to provide a good living for his wife and daughter. I mean, 14 hours a day in the long term, building a business that’s based on providing value to his customers.

This guy has a medical condition that results in one eye pointing off at an angle that’s not even with the other. The picture he uses on some sites makes this obvious.

Some ignorant, malicious, psychopathic, deranged, bored, sadistic bastard of a man-child (sorry, but that’s the most polite description I can use and still convey the merest surface of my contempt) used that as the basis for a “wiki-note” implying that this guy was a pedophile.

On Sidewiki, right next to the guy’s own business web site.

If there’s any lie a person can tell online that warrants having a 6-inch hole put in them that the sun will shine through, that’s the one.

This… mindless, soulless, stupid creature told that lie for nothing more than his own amusement. Because his victim has one eye that didn’t track right in a photograph.

Google got rid of that one pretty quickly, but how much will their response time slow down as the service grows?

Lessons to be learned from this:

  • I would opt all of my domains out of Sidewiki were such a thing possible.

  • That not being possible (yet), I believe my readers are intelligent enough to realize that Sidewiki is a separate site which I do not control.

  • Since this was written, it’s now possible to use a bookmarklet to view Sidewiki entries. So, at least you don’t actually need to install Google’s toolbar and thus agree to the obnoxious EULA. That said, I still may not be aware of some or even most Sidewiki comments. I may soon take advantage of the comment from the site owner which stays on top. (Though, I shudder at the implication that indeed, in order to do even this, one must have a Google account and register the Web site with Google. This really should be opt-out at minimum, and it should not require the creation of a Google account to do so.)

To be fair, the bookmarklet does make it a bit more obvious that the comments are not hosted on the same site. Google needs to make this clearer to the toolbar users of Sidewiki. It’s one thing to allow someone to post comments about other sites; it’s another entirely to not make it obvious the comments are in fact on a third party site. I don’t think Google is the first to implement something like this, but Google’s implementation is clearly the most dangerous of all.

The article goes on to express grave, perhaps deserved, concern that Google Wave will fuel widespread adoption of Sidewiki. The only reason I am remotely excited about Google Wave is that I have been told this will not remain proprietary to Google, that one can set up their own Wave server instead of using Google’s. Of course, this may be like Microsoft telling us that .NET is cross-platform, when the reality is it’s completely portable across any OS Microsoft makes, and if one wants .NET for anything else one must port it themselves. But, that’s another rant for another day.

I’d like to think Google is a little less evil than Microsoft or Apple, if only because the thought of a truly evil Google is terrifying. I’m not sure how much benefit of the doubt is left.

Astroturf a la Redmond: Windows 7 Parties

While cleaning out the draft posts queue, I found this. The original article is a bit old, but the parties haven’t happened yet.

A recent TechFlash article discusses a Microsoft initiative for the upcoming Windows 7 release, describing it as a “Tupperware-style twist.” The idea is to encourage users, partners, and of course Microsoft employees to throw parties to show off Windows 7.

I see, as the title implies, what is essentially astroturfing at its worst. If Windows 7 were that great of an operating system, Microsoft would have people volunteering, or even paying Microsoft, to have these launch parties.

As far as my personal PCs go, I haven’t really looked back since the spring of 2002 (I didn’t write down the exact date, unfortunately) when I reformatted two different Windows 98 PCs and installed, at the time, the GNU/Linux distribution maintained by Red Hat on one (today’s equivalent would be the community-supported Fedora Project), and FreeBSD on the other. (Both of those PCs eventually wound up running Debian GNU/Linux years later.)

I do use a Windows XP laptop PC, which still has what I deem to be an unacceptable crash rate. By unacceptable, I mean it crashes at least five to ten times as often as the Debian GNU/Linux PC next to it which is at least most of a decade old. No, that’s not a mistake. Simply put, even with less than half the CPU and a fourth of the RAM, I get much better stability, even with the obvious reduction in performance. Put simply, Centerpoint Energy (our local electric utility) and the forces of nature responsible for thunderstorms force reboots of the Debian PC more often than any technical problems with Debian itself.

(Why haven’t I bought Apple’s products instead? Regular readers should know this, but I’ll provide a starting point for the new readers.)

Microsoft has still done next to zilch with regard to helping ensure the freedom of its customers. In fact, Microsoft has pretty much made itself the sworn enemy of the free software movement, with apparently no shame or regret. While Microsoft has made token efforts to contribute to the open source movement, it is very important to note that the ideals of the open source movement only encourage access to the source code for convenience and open source licenses do not always protect all the essential freedoms of users and programmers of the software released under them. It is also important to note that without the work of Richard Stallman and the FSF on the free software movement, there would be no free software movement for the open source movement to have splintered from.

Those readers unfamiliar with what I discuss above are encouraged to read some of Stallman’s essays, most notably these two: “Why Open Source misses the point of Free Software” and an earlier version “Why ‘Free Software’ is better than ‘Open Source'”.

Several of Microsoft’s licenses appear to have been intentionally worded to provide the illusion of freedom while in reality providing just the opposite. Most notably, these are the Limited Public License (Ms-LPL) and Limited Reciprocal License (Ms-LRL). Both of these licenses require that any modified versions of the original code must run on Microsoft’s Windows operating system. To those who value freedom on their own terms, not those of a large corporation with no particular incentive to be nice, this type of restriction is abhorrent.

In summary, my view is rather simple. Windows 7: same song, seventh verse, even bigger and even worse.

A tale of two perjuries

I really haven’t been in the mood to blog much lately. I have at least a good five things to write about that I need to clear out of the queue, but various personal and health issues have made it really difficult to focus on blogging.

A page on americaswronglyconvicted.com details the rather upsetting tale of Robert McClendon, a victim of perjury. It’s a very long narrative and if you have any sense of fairness and justice it’s likely going to be a very upsetting read.

But it gets even better (worse?). Linked from the narrative, early on, is this report from KHOU-TV dating from 2008.

I’m horrified at the difference between the two cases. Perjure oneself for the prosecution, one gets away with it. Perjure oneself for the defense, get nailed to the wall, in this case for aggravated perjury. (For those who don’t have valid law nerd cards, in Texas, aggravated perjury is a third-degree felony; simple perjury, where the statement is not made during or in connection with a simple proceeding or is not material, is a class A misdemeanor.)

Where’s the fairness here? Isn’t perjury the same crime, no matter who is affected? It makes no sense to call what the system dispenses “justice” if it’s not just. Letting perjurers get away with their crime when the end result is innocent people take up prison, parole, and probation spaces needed to handle real criminals, is patently devoid of any sense of decency or scruples. It’s un-American. No, I’ll go farther than that, because this happens in countries besides the US. I think the word is “inhumane.”