Ny Nourn: the woman convicted of murder and pardoned – who now fights for other battered women

theguardian.com

Anna Moore
June 2, 2021

Ny Nourn.webp

When Ny Nourn entered Central California Women’s Facility, the largest women’s prison in the world, there was every reason to believe she would never walk free on American soil again.

She was just 21, and had been sentenced to “life without parole” for her part in a hauntingly brutal murder – a part she was forced into. Even if, at some distant date, a successful appeal commuted that sentence, her conviction made Nourn deportable – so when she had served her time, she was likely to be transported to another prison and ultimately to Cambodia, the country of her parents’ birth, a country she had never set foot in.

Given all this, seeing her now via Zoom in her San Francisco home, smiling, fast talking, squeezing me into her absolutely packed schedule, is a miracle. Nourn, now 40, is not only free, but a ferocious critic of the US criminal justice system, and a fierce advocate on behalf of female prisoners and immigrants.

Since her 2017 release, she has spoken at universities, on debating panels and talkshows; she has testified at Congress and the California state capitol. She has given a Ted Talk. “When I share my story, people often say that it’s unbelievable; that it seems more like a movie; that it doesn’t sound real,” says Nourn. But in truth, similar versions are being played out across the US on a daily basis, and most people trapped in that trajectory through poverty, violence, prison and deportation will barely be seen and never be known. This is why Nourn keeps talking. “When I came out of prison, I asked: who else would be fighting for the people I left behind if not me?”

Nourn as a young child.
Nourn as a young child. Photograph: Courtesy of Ny Nourn

Nourn’s story begins in crisis. She was born in a Thai refugee camp. Her Cambodian mother was 18, and had separated from her family and fled the country on foot, to escape the Khmer Rouge, the genocidal regime responsible for the deaths of 2 million Cambodians. She met Nourn’s father, another Cambodian, at the camp, though he had left before Nourn turned one.

Her memories of those early years are, she says, only “sad ones”. “The camp was huge and we were in a hut. I was always hungry. My mum would leave each day to work in the rice fields, and I just remember always needing her, and her not being there.”

When Nourn was five, they left for the US – a family sponsored them – and settled in San Diego. Here, Nourn’s mother met and married Nourn’s stepfather, a refugee from Vietnam. Her brother and sister were born there.

Nourn clearly recalls the gradual escalation of abuse at home, as her stepfather first romanced her mother, then shouted at her, then smashed furniture, then became physically violent. Many times, Nourn saw him punch her mother, kick her and chase her with a knife. She witnessed him rape her. (“I remember her telling me to shut the door, and I could hear her beg and plead.”)

All these years on, she doesn’t want to demonise him – this effort to understand and forgive is a recurring theme with Nourn. “Thinking back now, I can see he was under a lot of pressure trying to take care of the family,” she says. “He was young, we lived in one-bedroom housing in impoverished communities in a country that didn’t really accept us or offer resources to help. He worked long hours as a mechanic, then came home and drank and smoked, and didn’t take care of himself.”

At the time, though, Nourn only knew that she wasn’t safe, and had nowhere to turn. “I was so lost, so scared,” she says. “I heard my mum talking about it to her friends, trying to get support, but they’d say: ‘He’s a good man. He’s supporting you.’ There was nowhere to go. The lesson we got from the Cambodian community was that the police weren’t there to help – and in my own experience, years later, that turned out to be true.”

So Nourn managed it as best she could. At school, she had few friends because she kept so much hidden. At home, when violence erupted, she would tell her brother to go to his room and put on his headphones. In her mind, her only aim was to get away as soon as she could. “I had no plans,” she says. “I didn’t want to ‘be a doctor’ or ‘go to college’, I just wanted to leave the house as soon as possible and alleviate the pain and trauma.” As a teenager, she had several boyfriends. “I was looking for love, validation, escape, and that’s how at 17 I ended up meeting Ron.”

Nourn when she was in high school.
Nourn when she was in high school. Photograph: Courtesy of Ny Nourn

She wishes she had seen the red flags. “He reminded me so much of my stepfather,” she says, with the briefest, saddest of smiles. She had met Ron Barker in an online chatroom, and he’d told her he was in his 20s. When she snuck out to see him, she found someone much older: 37, Vietnamese, also struggling, with broken English, no real job and – unknown to Nourn – a wife, a child and a baby on the way.

“At first, he put me on a pedestal. He said he loved me, and that one day I’d be his wife,” she says. “It was everything I wanted to hear. Then, over the weeks, he was saying: ‘I don’t want to share you’. ‘If you’re not at school, you’re with me.’ He told me what to wear, how to do my makeup and said he’d always be watching me, that he was part of the mafia – I didn’t even know what the mafia was.”

By December 1998, just four months into the relationship, Barker began seeing less of her. She now knows it was because his baby had been born and he was otherwise occupied. “I sensed he was cheating. I was young, 18, and I hadn’t known him long.” Nourn had an after-school job as a telemarketer for a dating site called Perfect Match. On 23 December, she went on a date with her supervisor, David Stevens.

Nourn now calls Stevens “my victim”. “I didn’t know him. He was 38, even older than Ron, but he seemed like a gentle soul,” she says. “I think he had a good heart, and I was willing to grab on to anyone willing to rescue me.” She met Stevens once, had sex with him and returned home late to find Barker parked outside her house.

He wound down his window and asked where she had been. Nourn told him: “Walmart.” “This late?” “Yes, it’s 24-hour shopping.” ‘What did you buy?’ Silence. Barker instructed Nourn to get into his car, and here, Nourn admitted that she’d had sex with her boss. “He was hitting the steering wheel and calling me names. I was crying, hysterical, apologising.” Barker drove to a secluded area and told her to get into the back seat. “He said: ‘I’m going to treat you like the slut you are,’” says Nourn. “Essentially, he raped me, right? I was begging, [saying] ‘No’, trying to push him off.”

Afterwards, Barker told Nourn to direct him to Stevens’ apartment. When they arrived – Nourn still crying hysterically – Barker told her to “fix herself up” and go inside. She was to tell Stevens that she had got a flat tyre while driving home and ask him to give her a lift to her car and help fix it. She did this, Stevens agreed and as they set out in his Chrysler, Barker flagged them down, pretending to be Nourn’s brother. He sat at the back and directed Stevens to a deserted business area, then told him to stop the car.

Did Nourn have any sense about was going to happen? “I remember my whole body shaking, [I was] just thinking”: ‘This isn’t real,’” she says, “I thought the worst that would happen was a confrontation – that Ron would beat him up, and that would be it. Life would go on.” Instead, Barker pointed a gun to Stevens’ head and asked: ‘How does it feel sleeping with someone else’s girlfriend?’ “I remember David saying: ‘This is not cool, we don’t need to do this …’ then two shots going off.” Nourn sighs. She pauses. “Then I was screaming and screaming. I smelled the gun, the metal. David was slumped, Ron was yelling in my ear and my ears were ringing. I thought he was going to kill me right then.”

Barker told Nourn that he wouldn’t kill her if she did what he told her. If she didn’t – and if she told anyone what had happened that night – he’d kill her and her family. He set fire to the car with Stevens’ body in it. “I did this for you,” he told Nourn at the end of the night. “You’re clean now. You’re mine.”

“I remember getting home, scrubbing myself in the bathtub, wishing it was all a nightmare,” says Nourn. She dreamed about it for years – that she was back in Stevens’ apartment, being chased and stabbed by Barker, or just seeing recurring images of flames and ash. “I really blamed myself,” she says. “The shame that I should have protected my victim, that I should never have gone out with him, that I should have known better or seen the red flags.”

The murder went unsolved, and Nourn lived in total terror of defying Barker. She had always felt isolated, but now she was utterly alone, trapped, silent, surviving from one day to the next. She remained with Barker, even moving in with him and his family when he wanted her to. (He told his wife, who was also completely under his control, that Nourn was the daughter of a friend and needed somewhere to stay.) Barker was now consistently violent.

Twice she became pregnant and twice he forced her to have an abortion. He once drove Nourn to a ravine, made her kneel and held a gun to her head in a mock execution. He broke into her family home, watched her siblings sleep, and told Nourn he was deciding whether to slit their throats. “He used to say: ‘I should have killed you that night I killed him,’ and a part of me wished he had.”

In 2001, at 20, Nourn found her first friends – two colleagues at her job with a mortgage company. They noticed her bruises, offered help – and she told them about the murder. They urged her to call the police, assuring her that she’d be protected. Nourn made the call, and officers arrived at her work to take a statement. Then they took her back to the police station for a more “in-depth” interview … which quickly turned into an interrogation. It lasted about 10 hours.

Both Barker and Nourn were charged with murder. “The prosecutor didn’t care about the background, the violence, my young age,” says Nourn. “Now I see that we were two Asian defendants accused of killing a white man. Looking back, I had no chance.”

New evidence emerged of Barker’s murderous jealousy – before the trial, from prison, her lawyer had to step down after being informed that Barker was attempting to hire someone to kill him, because Barker felt Nourn and her lawyer were becoming too close. However, the judge ruled this evidence inadmissible, saying it had no relevance. Instead, at the trial, Nourn was depicted as a bloodthirsty femme fatale who had “lured” Stevens into a trap. (She would later become the subject of documentaries such as Killer Couples, which ran with the theme.) Barker and Nourn were found guilty of murder, and sentenced to life without the possibility of parole. The judge said that Nourn was “more culpable” than Barker “because she let this mad dog off the leash”.

Until this point, Nourn’s life had been a series of horrifying episodes – it was only when she began her sentence that she began to see the bigger picture. In the US (and here in the UK), female inmates are overwhelmingly survivors of trauma and abuse, and from poor backgrounds. Black women in the US are three times more likely to be in prison than white women (in the UK, black women are more than twice as likely), and Latina women 69% more likely. Comparable statistics on Asian Pacific prisoners are scant. A 2016 report by the Vera Institute of Justice found that 77% of women in US prisons were survivors of intimate partner violence, and 86% had experienced sexual violence.

“At first, I didn’t want to make any friends. I just wanted to survive,” says Nourn, “but I ended up befriending people, then went to the battered women support group. I started hearing their stories, learning about their backgrounds.

“So many had lengthy sentences for actions that were a result of the violence they endured – actions where they were protecting their children from their abuser or because they were in life-and-death situations. I realised: ‘Wow. I’m not the only one.’ What we didn’t need was incarceration. We needed support.”

‘There are so many others like me … who else would be in a better position to help advocate for their freedom?’
‘There are so many others like me … who else would be in a better position to help advocate for their freedom?’ Photograph: Courtesy of Ny Nourn

In prison, Nourn accessed therapy. “My counsellor walked me through the night of the murder,” she says. “I didn’t like it, but it helped me accept that it wasn’t my fault. The only way to heal was to forgive myself and forgive Ron, too.

“For years, I wanted him to suffer, to die, but I had to let it go and try to understand his background. I think he’s a sociopath. He had no friends, he was quick to anger. He came to the US as a refugee, and struggled to assimilate. He didn’t graduate from high school. It helps to think about why he is the way he is. He did have to be held accountable for what he did – but I hope he can get the healing he needs.”

In her own case, Nourn appealed on the grounds of “battered woman syndrome” and her sentence was reduced to 15 years. It was only as she neared the end of it that a fellow inmate told her: ‘You know you’ll be deported, right?’ “I didn’t understand,” says Nourn. “I reached out to the civil rights organisation Asian Americans Advancing Justice (AAAJ), which confirmed that, yes, even though I’d been born in a refugee camp and had permanent residency, my conviction made me deportable.”

The Criminal Alien Programme, which allows for the permanent removal of immigrants convicted of certain crimes, is now responsible for between two-thirds and three-quarters of non-border deportations in the US, according to the American Immigration Council.

Eligibility expanded through the 90s, from immigrants who commit serious or violent crimes to include those who commit minor ones, such as shoplifting, drug possession and turnstile jumping. On the day of Nourn’s “release”, she was collected by Immigration and Customs Enforcement (ICE) officials who shackled her arms, her waist and legs, then transported her to Yuba county jail, in Marysville, California, to await deportation.

This period, says Nourn, was the hardest of all. “At least in prison, my friends were there. I could go to work, go out in the yard,” she says. “In Yuba, you’re lucky if you can go outside every other day. Just seeing other women like me, also survivors … some had been there two years, and there was this hopelessness. Every time you went to a hearing, it was postponed. No one could afford an attorney. Seeing all this suffering … it weighed on me.”

In Nourn’s case, a campaign by a coalition of groups including AAAJ and Survived and Punished, which crowdsourced a $10,000 (£7,000) bond for her, led to her release in November 2017. In June 2020, she was officially pardoned by California’s state governor, Gavin Newsom.

Her first days of freedom – she moved straight to San Francisco – didn’t feel real. “I couldn’t believe it, I was walking on eggshells, I felt so scared,” she says. “Was ICE going to come back and re-arrest me? Was someone from Ron’s family watching me? I was always looking behind me, really paranoid.

“Then I realised, with the community I was building, the friends I was making, I could take life one day at a time and enjoy the simple things. Going out to get a coffee. A walk on the beach. Going to the restroom without fearing a guard is going to walk by and see me. Choosing whether or not to close a door.”

In some ways, unsurprisingly, Nourn was tempted to fade into a “normal life” and disappear from public view. “A part of me did want to do that,” she says. “To remove myself from anything related to trauma, abuse and incarceration. But there are so many others and who else would be in a better position to help advocate for their freedom?” On her release, the AAAJ offered her a job – she now works for them full-time as a community advocate. She also organises for Survived and Punished, a charity that campaigns to free female prisoners who were themselves victims of domestic and sexual violence.

One of her early campaign cases was for Liyah Birru, an Ethiopian facing deportation after being convicted of a felony assault on her husband. Birru had met the former marine Silas D’Aloisio when he was stationed in Addis Ababa. They moved to rural California, where Birru said D’Aloisio quickly became violent and abusive, although he denied the allegations. Birru says that during one such incident, she took D’Aloisio’s gun and fired it at him, believing it wasn’t loaded. D’Aloisio survived, but Birru was convicted, served four years, and was then detained for deportation. The Free Liyah campaign – which gathered more than 35,000 signatures – helped secure her release on bondand there is an ongoing campaign to get her pardoned.

‘How is incarcerating people and deporting them going to make the world a better place? It’s not transformative.’
‘How is incarcerating people and deporting them going to make the world a better place? It’s not transformative.’ Photograph: Talia Herman/The Guardian

Nourn’s main message is that people can’t be neatly categorised. Their stories aren’t simple, so the solutions can’t be, either. Immigrants can’t be separated into “the good ones” (the honest, hard-working model minority) and “the bad ones” (whom it’s OK to kick out). The same applies to the criminal justice system. “We have a system that says: ‘Protect the victims and survivors, and lock away the perpetrators,’” she says.

“But what happens when the victim and survivor is also classed as a perpetrator?

“We have to challenge ourselves and think about how we hold the person who did harm accountable, but at the same time uplift their humanity,” she says. “How is incarcerating people and deporting them going to make the world a better place? It’s not transformative. It doesn’t look at root causes. There must be better ways.”

When it comes to her future, Nourn isn’t yet sure what she will do. “Maybe one day I’ll have my own nonprofit organisation or domestic violence shelter. I may work towards a PhD – who knows,” she says. (Nourn is also in the final stages of an undergraduate sociology degree from San Francisco State University.) Whatever path she chooses, her 10-, 16- or 21-year-old self would surely be staggered.

“That person was so quiet, so alone, so scared, doing what she could to survive and blaming herself,” says Nourn. “She would never have thought she could go to college, have a career, be an advocate.

“I’ve learned that if you want to see change happen, you have to be part of it. Being vocal is not wrong. I was silent for the majority of my life – but not any more.”

A Visionary Website: ‘Art Against Imprisonment – From Palestine to the U.S.’

A visionary website is launched

by Diana Block and Nadya Tannous

On Sunday, March 21, 2021, a powerful virtual art exhibit featuring art from incarcerated and formerly incarcerated people in occupied Palestine and the U.S. was launched. “Art Against Imprisonment – From Palestine to the U.S.” grew out of a history of active solidarity between movements against imprisonment in the U.S. and Palestine. It is a testament to the creativity, imagination and brilliance of the many people who resist the invisibility, isolation and repression of prisons and claim a liberated space through their art.

The exhibit was first proposed by Addameer Prisoner and Human Rights Association as a physical touring art show in fall 2019. With the emergence of the COVID pandemic, which shut down in-person activities across the globe, the coalition of groups that had first committed to working on the in-person show shifted it to a virtual art exhibit. 

Milena Ansari, international advocacy officer for Addameer, described Addameer’s goals for the art show: “We wanted the exhibit to inform the public about the international scope of prisoner resistance to oppression and injustice.” 

According to Ansari, the virtual platform actually has many advantages: “It allows prisoners a continuing platform to exhibit their artwork and creativity and enables many more people around the world to appreciate their art. It also facilitates sharing updates on issues concerning prisoners in Palestine and the U.S and builds an ongoing connection among all of our solidarity groups.”

To bring the virtual art exhibit to life, five U.S.-based organizations came together to work collaboratively with Addameer: Arab Resource and Organizing Center (AROC), California Coalition for Women Prisoners (CCWP), Freedom Archives, Palestinian Youth Movement (PYM) and U.S. Palestinian Community Network (USPCN). 

Our organizations have all been involved in the fight to dismantle the carceral systems that uphold white supremacist, colonial power. We’ve seen how the U.S. and the Israeli apartheid state have closely cooperated in the development of their prisons over the course of the last 60 years. 

They have joined forces to devise similar methods of carceral control, such as interrogation, torture, solitary confinement, child imprisonment, family separation, sexual violation and enveloping surveillance techniques. They have also shared their strategies and resources with many other countries, using those incarcerated as proxies for experimentation. 

Art by incarcerated people confronts the U.S. and Israeli apartheid state regimes of oppression and injustice. Art breaks down barriers, walls, gender norms, languages and, in many cases, the social and political infrastructures that are used to separate our struggles.

In an essay marking the 50th anniversary of the Black Panther Party in 2018, Ahmad Sa’adat, Palestinian political prisoner and general secretary of the Popular Front for the Liberation of Palestine (PFLP), wrote: “Prisons exist for a reason, for the needs and interests of those with power … where there is occupation and colonization, there will be prisons and all of the laws and legal frameworks erected to legitimize exploitation, oppression and injustice and criminalize resistance and liberation.”

Art by incarcerated people confronts these regimes of oppression and injustice. Art breaks down barriers, walls, gender norms, languages and, in many cases, the social and political infrastructures that are used to separate our struggles. It has inspired solidarity between our movements against imprisonment and toward collective liberation.

To create the exhibit, our groups solicited submissions from incarcerated and formerly incarcerated people and their families across Palestine and the U.S. We received art in many formats and mediums, representing the tremendous variety of ways that people in prison devise to express themselves and their politics. 

There are distinct sections for paintings, drawings, quilts and embroidery, poetry, pottery, prayer beads and art objects and calligraphy. As visitors to the website, we urge you to explore the work in order to fully appreciate this unique collection of artistry across borders and mediums. 

Other sections of the website provide short biographies of the artists, resources on imprisonment and suggested actions that the visitor can take to fight imprisonment in Palestine and the U.S. All pages of the website are presented in both English and Arabic with a Spanish version coming soon.

Our group collectively envisioned the logo for this art exhibit, created by Heba Hamarshi from Addameer. The logo represents a common commitment to break through the prison walls with the fist of (self)-determination and the spirit of sumud – steadfastness.

Handala-art-by-Palestinian-artist-Naji-Al-Ali.jpg
Artist Naji Al-Ali writes: “The child Handala is my signature … I gave birth to this child … and presented him to the poor … At first, he was a Palestinian child, but his consciousness developed to have a national and then a global and human horizon. He is a simple yet tough child, and this is why people adopted him and felt that he represents their consciousness.” Al-Ali was assassinated in 1987, but Handala, called “an immortal symbol of Palestinian defiance,” lives on. 

Handala, the child standing with their hands clasped behind their back, was first created by Palestinian artist Naji Al-Ali in 1969 to represent the forced displacement of Palestinian people from their homeland. Handala has become a Palestinian national symbol of resistance and has grown to have a global significance. Naji Al-Ali wrote that Handala “was the arrow of the compass, pointing steadily towards Palestine. Not just Palestine in the geographical terms, but Palestine in its humanitarian sense – the symbol of a just cause, whether it is located in Egypt, Vietnam or South Africa.”

The “All Power to the People” fist, designed and popularized by Frank Cieciorka in the mid-1960s, has become a symbol not only of the Black Liberation Movement, but for global resistance and liberation.

Hafez Omar, an award-winning Palestinian artist, was imprisoned in 2019 for the “crime” of inspiring people through his art.

The launch event for the website featured moving presentations by some of the website’s artists and their family members. Kevin Cooper, who was wrongly convicted and has spent over 30 years on California’s death row, sent an impassioned statement to the event. 

He wrote: “As the oppressed African Americans over here are being shot by the police for any reason and no reason at all, the same is being done to the people of Palestine by the police and military over there … They are forced to live against their will in the world’s largest open-air prison, the Gaza strip, yet they keep their dignity, their will to live and their self-respect intact.” Kevin Cooper has two paintings in the exhibit – one titled “Free Gaza,” spotlighted on the website’s landing page, and a portrait of Bob Marley. 

Linda Evans, who served 16 years in U.S. federal prisons for anti-imperialist actions, described the importance of getting art materials in prison: “Being able to access color in the drab and uniform surroundings of prison really made a difference to my mental state.” 

She described how mothers were able to communicate with their children by making them a drawing or a toy. “I view solidarity with Palestine as a bottom-line principle of anyone who is striving for international global liberation,” she asserted.

Shukri Abu-Baker is serving 65 years in prison in the U.S. for the crime of giving money to Palestinians as part of the Holy Land Five case.

Anmar Rafeedie, a cultural worker and longtime member of El-Fanoun Palestinian Dance Troupe, explained that growing up, her home was filled with art from her parents, which they had made while they were in prison. “Art resurrects life, which is why when they want to install collective punishment in colonial Israel prisons, they take away artistic tools, such as beads and strings, which prisoners would use to make gifts for their loved ones.” 

Naima Shaloub, a U.S.-based Lebanese vocalist, brought the power of music to the event when she performed a song called “Roumieh Prison Blues.” She wrote the song with incarcerated men in Lebanon’s Roumieh prison when she visited.

Nida Abu-Baker spoke emotionally about her father, Shukri Abu-Baker, who is serving 65 years in prison in the U.S. for the crime of giving money to Palestinians as part of the Holy Land Five case. When she was growing up, her father painted murals all over their house. “Now, every time something major in our life happens, he’ll send us something to cheer us up and to cheer himself up. Events like this one today make him so excited and so happy because he knows that his voice is actually going to be heard, even though he’s in a small prison cell.”

Hafez Omar, an award-winning Palestinian artist, was imprisoned in 2019 for the “crime” of inspiring people through his art. Among his many political posters, he had created many in solidarity with prisoners, including his brother. As a prisoner himself, art took on a new dimension. Hafez explained, “To keep drawing inside the prison was my simplest way to say you’re not winning over me. I’m not defeated, I’m still drawing, I’m still doing the thing that you took me to prison for.”

Oscar López-Rivera, a Puerto Rican former political prisoner who served 36 years in U.S. prisons, concluded the event. “As we become creative, we also transcend some of the negative spaces that we have within our minds. We transcend a lot of the insecurities that we have within ourselves as a colonized person.”

Oscar-Lopez-Palestine Belongs to Palestinians.jpg
“Palestine for Palestinians” was created specifically for Art Against Imprisonment by Puerto Rican artist Oscar López-Rivera. Oscar is a former political prisoner who served 36 years in U.S. prisons, accused of seeking independence for Puerto Rico. His art, along with the art of Palestinian and American formerly and currently incarcerated political prisoners, is included in the “Art Against Imprisonment – From Palestine to the U.S.” exhibit up online at https://artagainstprison.org.

Oscar called on everyone to support imprisoned artists and to grow the art exhibit. “I hope that we will be able to come together again just like we have today. And little by little solidarity will grow among all of us. I believe in reciprocal solidarity and we need to maintain a very close connection with Palestine!”

In the coming months, “Art Against Imprisonment” hopes to take up Oscar’s call to expand the art exhibit, reach out to more artists, their loved ones and advocates, and strengthen the reciprocal solidarity between our struggles for freedom and liberation. 

For more information, please visit our website at https://artagainstprison.org, like and share our social media pages @artagainstimprisonment and please email us at artagainstimprisonment@gmail.com.

Diana Block is a member of the California Coalition for Women Prisoners and Nadya Tannous is a member of the Palestinian Youth Movement. Reach them by email at artagainstimprisonment@gmail.com and follow @artagainstimprisonment on social media.

Bill seeking reparations for involuntary, forced sterilizations survivors closer to becoming CA law

abc7.com
Anabel Munoz
May 21, 2021


Over the course of more than a century, thousands of people in California have been forcibly, coercively, or involuntarily sterilized.

A bill seeking reparations for California survivors of forced or involuntary sterilizations took one step further this week than it has in previous iterations, working its way through the Assembly Appropriations Committee.

“I was 24 years old when I had discovered that something was wrong,” said Kelli Dillon, one of hundreds of known survivors of sterilization while in prison.

“I felt like somebody made the choice that I was not worthy to have the ability to give birth to a child or to be worthy of motherhood, and I was hurt by that,” she added.

Dillon is featured in the documentary “Belly of the Beast” alongside the attorney who helped her fight for her medical records, uncover what a surgeon did to her. Together, they found more cases and took their findings to California’s state Capitol.

“The law prohibits sterilizing people in prison for the purpose of birth control, but they were doing it anyway,” said attorney Cynthia Chandler in the film.

Dillon and others advocated for a 2014 law that reaffirmed the prohibition of sterilization for the purpose of birth control in county jails and state prisons.

There’s also a years-long effort to compensate people like Dylan and many more across generations, dating back to California’s eugenics laws.

“This is my third year doing this bill, and I will continue to do so until we get it done and we get it right,” said Assemblywoman Wendy Carrillo.

Carrillo’s bill, AB 1007 seeks reparations for two groups of survivors, including those who were sterilized from 1909-1979 when California’s eugenics laws were repealed.

For the first time, the bill is on its way to the Assembly floor.

According to research from the University of Michigan, women and Latinos were disproportionately sterilized. The median age was 17, and as young as 12 years old.

“People with disabilities, Black people, Latinx people, poor people, indigenous communities have been primarily targeted for forced sterilizations,” said Lorena Garcia Zermeño of California Latinas for Reproductive Justice, one of the organizations in the coalition supporting the bill.

In the ’60s and ’70s, at least 240 women — largely Mexican immigrants– who gave birth at Los Angeles County + USC Medical Center were sterilized, often not informed that they would be,coerced, or misled into signing forms they could not read.

“They could be my neighbor; they could be related to somebody that I know,” said Carrillo. “We’re talking about a lived experience of immigrant women from East Los Angeles,” she said.

Carrillo’s proposal also seeks reparations for those who were involuntarily sterilized after 1979 in California prisons — some may still not know it.

“Part of the bill is ensuring a notification program that will notify people that this is something that was that was done,” said Garcia Zermeño.

Dillon filed a lawsuit that was not successful.

The L.A. native is now a founder and executive director of a community empowerment nonprofit, and continues advocating for reproductive rights, urging people to watch the documentary and learn more about the history of eugenics in California and the country.

“How it has played a role in our nation since the early 1900s,” said Dillon.

She also highlighted the stories of women who reported medical abuse while in federal custody and immigration detention, including forced hysterectomies.

“It’s the same things that the women in the state of California as well as myself have shared verbatim,” she said about their testimonies.

In 2003, Gov. Gray Davis issued a formal apology for California’s eugenic sterilization program. But no such apology has been issued to those who were illegally sterilized in prisons after 1979.

“We have yet to get an apology. We have yet to be acknowledged. The state has to be made accountable,” Dillon said in the documentary.

North Carolina and Virginia have passed similar bills. If AB 1007 does not pass, Carrillo said there’s still a chance to secure the $7.5 million to fund the program through a budget request she also submitted. The money would be distributed among living survivors.

Copyright © 2021 KABC-TV. All Rights Reserved.

California prisons consider gender-identity housing requests – Los Angeles Times

latimes.com
Leila Miller
April 5, 2021

Jasmine Jones, a legal assistant at the Transgender Gender-Variant & Intersex Justice Project in San Francisco, has been in touch with people held in women’s prisons who have concerns about a new law that allows inmates to be housed based on their gender identity.
Paul Kuroda / For The Times

Kelly Blackwell longs to escape her life as a transgender woman in a California men’s prison, where she struggles every day to avoid being seen in her bra and panties and says she once faced discipline after fighting back when an inmate in her cell asked for oral sex.

After more than 30 years, and two decades since Blackwell began hormone therapy, her chance to leave arrived last fall when groundbreaking legislation gave transgender, intersex and nonbinary inmates the right, regardless of anatomy, to choose whether to be housed in a male or female prison.

The demand has been high, with 261 requests for transfers since SB 132 took effect Jan. 1, according to the California Department of Corrections and Rehabilitation. It’s the start of a hugely sensitive operation playing out in one of the largest prison systems in the country.

“I won’t be around predatory men and I won’t be around staff that frown upon trans women,” Blackwell, 53, said in a phone call from Mule Creek State Prison, east of Sacramento.

But more than two hours away, at the Central California Women’s Facility in Chowchilla, there’s fear. Inmates say guards have warned them that “men are coming” and to expect sexual violence.

“That if we think it’s bad now, be prepared for the worst. That it’s going to be off the hook, it’s going to be jumping,” Tomiekia Johnson, 41, said staffers have told her. “They say we’re going to need a facility that’s going to be like a maternity ward. They say we’re going to have an inmate program where inmates become nannies.”

Just over 1% of California’s prison population — or 1,129 inmates — have identified as nonbinary, intersex or transgender, according to the corrections department, populations that experience excessive violence in prison. A 2007 UC Irvine study that included interviews with 39 transgender inmates found that the rate of sexual assault is 13 times higher for transgender people, with 59% reporting experiencing such encounters.

So far, the prison system has transferred four inmates to the Chowchilla women’s prison, approved 21 gender-based housing requests and denied none. Of the 261 requests, all but six asked to be housed at a women’s facility.

Prisons spokeswoman Terry Thornton said in a statement that COVID-19 precautions have slowed the transfers and that officials could not estimate how long a transfer might take under normal circumstances, citing bed availability as a factor.

The Times spoke to more than a dozen inmates in women’s and men’s prisons to understand how the new law is playing out. Although advocates and inmates say the transfers have been received well, several claim that misinformation spread by prison staffers is stirring up transphobia and that more must be done to educate inmates.

Some prisoners are also concerned that inmates are making false claims about their gender identity in order to transfer to women’s prisons and say staffers have told them that this has slowed the process.

Thornton told The Times that the prison system had facilitated a town hall discussion with the Inmate Advisory Council at Chowchilla and with trans women at San Quentin State Prison. The meeting and ongoing discussions “have helped to dispel any fears,” she said, adding that allegations of staff misconduct are taken seriously and investigated.

When asked whether inmates in the men’s prisons trying to manipulate the transfer system has been a significant issue, Thornton said that “a person’s gender identity is self-reported and CDCR will evaluate any request submitted by an incarcerated person for gender-based housing.” She said that the prison system has requested several million dollars from the state to help implement the law.

In recent years, Connecticut and Massachusetts have passed similar legislation as the California law, which also gives inmates the right to be searched and addressed based on their gender identity. The laws help put states in line with the federal Prison Rape Elimination Act, or PREA, which prohibits housing decisions based solely on an inmate’s genitalia and requires agencies to consider on a case-by-case basis whether a placement would ensure an inmate’s health and safety. Despite PREA, advocates say that it’s rare for transgender inmates to be relocated.

The new California law follows other changes in the state’s treatment of transgender prisoners. In 2018, a law took effect removing obstacles for prisoners to change their gender and name. And in 2015, California became the first state to create policy for transgender inmates to apply for state-funded gender-affirming surgery. According to the prisons agency, from January 2015 through February 2021, 65 out of 205 requests for surgery were approved and nine were completed.

Under prison policy, transgender and intersex people — the latter being a term used to describe conditions in which a person is born with reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of “female” or “male” — are placed, to the extent possible, in certain prisons to ensure they can receive certain medical and mental health treatment. With the new law, all inmates will be asked upon admission about their gender identity, their pronouns, whether they prefer the female or male search policy, and if they want to be housed in an institution that aligns with their gender identity, according to the corrections department.

Inmates can request transfers to their correctional counselor, which are then considered by a committee that includes the warden, custody, medical and mental health staffers, and a PREA compliance manager. Staffers review the inmate’s criminal record, health needs, custody level, sentence and safety concerns.

Michelle Calvin said inmates welcomed her with care packages when she transferred in February from Mule Creek to the Chowchilla prison. But there was also tension. Inmates in two rooms refused to have her as a roommate.

“There’s a lot of women here that accept me; there’s some that do not,” said Calvin, 50. “There’s going to be adversity everywhere and I understand that.”

Tyeasha Moore, housed a few doors down from Calvin, quickly warmed up to the newcomer. Calvin was “more than willing” to answer her many questions, including why she chose to come to the prison, and if other inmates would follow.

But Moore, 43, said that she has also heard staffers question inmates housed with Calvin, asking whether she has exposed herself, explained her sexual behavior to them or said things that made them uncomfortable. She said the questioning has fomented anxiety and false rumors that Calvin is in a relationship.

The prison system said that it has provided training to staffers statewide on working with transgender, intersex and nonbinary inmates, including information on safe housing, search procedures and pronoun usage. But advocates say it hasn’t been effective enough.

Mychal Concepcion, a transgender man in the Chowchilla women’s prison, said widespread panic about the transfers stems largely from staffers who ask inmates, “What are you going to do when the men get here?”

“The complaints from the cis [gender] women here are that these are men coming here and they’ve been traumatized by men and so they shouldn’t have to live with them,” said Concepcion, 51. “I have repeatedly said that they’re women, but their anger gets directed towards me.”

Johnson, the inmate who said staffers had told her to expect violence with the transfers, said that she has survived domestic violence from a man and that it would be triggering to live with transgender people who haven’t had gender-affirming surgery.

“I do think they should be safe, but it infringes on my right to be safe as well,” she said.

Tiffany Tooks, a transgender woman in the Chowchilla prison, has also been trying to address concerns. She transferred from Mule Creek in 2019 after having gender-affirming surgery.

“For me, it was everything,” she said, explaining how the inmates received her well after she opened up about her experiences from more than 20 years in prison — which included being raped and hearing inmates make sexually degrading comments when seeing her in the shower. “I feel it’s my duty to help the women that are coming here so they are not misunderstood.”

Tooks said that in early March, she participated in a meeting with the warden, prison staffers and other transgender inmates to address inmates in the men’s prison trying to transfer under false pretenses.

“The idea was how do we determine who really are transgender inmates coming into the prison system here and the fear of the women here who were afraid and still they are afraid that male inmates will infiltrate this prison system and cause problems,” she said.

Several transgender inmates at men’s prisons hold that the issue is prevalent.

A transgender woman at a men’s prison, who asked not to be identified for fear of retaliation, said that she knows at least five inmates who have applied to transfer under false pretenses and that staffers have asked her to help identify such inmates.

“They wanted me in a confidential setting to tell them who is transgender and who is not, so they can block some of these guys from going to the women’s prison,” she said. “I told him I don’t have a problem with it…. We feel they’re climbing our backs.”

Jasmine Jones, a legal assistant at the Transgender Gender-Variant & Intersex Justice Project, which provides supportive services to inmates, has been in touch with several dozen inmates in the women’s facilities with concerns about the transfers, explaining to them that she was raped several times in prison and attempted suicide four times.

She said that her story has resonated with many but that she’s still concerned about inmates posturing as nonbinary or transgender. Jones said the law should have first focused on those who have transitioned or are in the process of transitioning before allowing for others to transfer.

But Jen Orthwein, an attorney who represents transgender inmates and worked on the bill, said that not all inmates want or have access to hormone therapy or gender-affirming surgery, and that “any expression of femininity in a men’s prison places people in danger.”

At Mule Creek, Blackwell said that when she was approved to transfer she felt relief but also worry about entering a new environment.

She said it hurts to know that some are anxious about her coming over and asserted that transgender women have no plans to be predatory.

“They don’t want to do things like that because that’s been our life,” she said. “All we’re really hoping for is connection and compassion.”

Reparations for CA forced sterilization survivors: Support AB 1007

dailycal.org

By Aminah Elster
April 2, 2021

Between 1909 and 1979, California forcibly sterilized over 20,000 people of color, people with disabilities and imprisoned people. Based on white supremacist eugenics laws and ableist conceptions of who was “unfit to reproduce,” people with disabilities and women of color suffered forced sterilization. While the state’s eugenics laws were officially repealed in 1979, advocates working in California’s women’s prisons in the early 2000s uncovered continued coercive sterilizations occurring inside the prisons which targeted women and transgender and gender-nonconforming people of color.

For the third year in a row, the California Coalition for Women Prisoners is co-sponsoring legislation, AB 1007, introduced by Assemblywoman Wendy Carrillo, to provide compensation and reparations to survivors of forced sterilizations in the women’s prisons. The two other co-sponsors are California Latinas for Reproductive Justice and Disability Rights Education and Defense Fund. This important legislation has failed to win budgetary approval in the past. This year, we are hopeful that with increased public awareness and pressure, California will finally be held accountable for this horrific form of racist and gendered state violence.

A state audit conducted in 2013 found that over 144 sterilizations were performed without consent and often without knowledge during labor and delivery or other abdominal surgeries. Independent journalistic investigations indicate that the actual number is much higher. Many incarcerated people were never even notified that sterilization was performed, even though the government audit contained that information. In 2014, the legislature passed SB 1135 prohibiting sterilization inside prisons for the purpose of birth control going forward. Yet the state has never been held accountable for the irreparable harm it has caused to the people who endured the sterilizations.

AB 1007 would establish the Forced Sterilization Compensation Program to provide reparations to survivors of forced sterilization under California’s eugenics laws from 1909 to 1979 and to survivors of involuntary sterilizations in women’s state prisons after 1979. Additionally, an outreach and sterilization notification program would be established, and markers or plaques would be placed at designated sites, raising awareness of the sterilization of thousands of people.

Events in the past six months have shed light on the racist and gendered violence of sterilization in carceral settings, exposing the critical need for reparations. A powerful new film, “Belly of the Beast,” has become an important part of the effort to build public awareness about the history of abuse inside women’s prisons. The film, directed by Erika Cohn, follows Kelli Dillon, a survivor of forced sterilization at Valley State Prison for Women and current Director of Back To The Basics, and radical movement lawyer Cynthia Chandler, a co-founder of the advocacy group Justice Now, as they uncover the pattern of forced sterilizations in the women’s prisons. The film premiered in fall 2020 and has been educating audiences around the country, including California legislators, about the racist and sexist realities of sterilization abuse inside prisons. The film and its team are an integral part of the advocacy for reparations for forced sterilization survivors.

In September 2020, Dawn Wooten, a nurse at the Irwin U.S. Immigration and Customs Enforcement Detention Center in Georgia filed a whistleblower complaint, accusing doctors working for the detention center of performing unnecessary mass hysterectomies on immigrant women at the detention center while denying them necessary health care. Her report and the subsequent investigations into medical practices at Irwin, which is run by the LaSalle Corrections, once again exposed reproductive violence against people in carceral settings.

Black activist and scholar Loretta Ross uses the term reprocide to name reproductive violence as a form of genocide against Black and Brown peoples. In many ways, mass incarceration itself is a form of reprocide because it removes tens of thousands of Black and Brown women and other people of color from their communities during their reproductive years. During the pandemic, incarceration has become a death sentence for many of the people inside prisons and detention centers, since people in prison are dying at disproportionately high rates from COVID-19. Monetary compensation cannot adequately address the harms suffered by sterilization survivors, but it is a material acknowledgment of a horrific past that will also deter future eugenic abuses. Reparations are one way to demand accountability and send a message that reproductive violence and reprocide will not be tolerated!

The revelations at Irwin and the premiere of the film came after the California legislature failed to pass reparations and compensation for survivors of sterilization abuse. Since then nearly 14,000 people have signed a petition calling on California legislators and California Gov. Gavin Newsom to enact reparations for forced sterilization survivors. Assemblywoman Carrillo is championing AB 1007 and support letters for the bill are coming in from dozens of organizations around the state. On April 6, there will be a hearing of the Assembly Public Safety Committee regarding AB 1007. We are confident that this will be the year to pass this significant bill!

To support reparations for California forced sterilization survivors you can sign the petition. You can sign up for updates about AB 1007 by emailing info@womenprisoners.org. AB 1007 will be heard in the Assembly Public Safety Committee on Tuesday, April 6 at 1:30 pm PDT. If you’re interested in tuning in for the hearing, or calling in with your support, AB 1007 will be the 4th item on the agenda.

Aminah Elster is the Campaign and Policy Coordinator for California Coalition for Women Prisoners.