This is the article in Gay.com in which my interview was used. Please note the letter I wrote to the reporter that follows.
Arrested justice: When LGBT people land in jail
Part four: The myth of "protective custody"
Patrick Letellier
The most frightening week of the nine months Mark Olmstead served in California prisons came in July 2004, when he was forced to share a cell with a menacing "soldier" in a white supremacist gang.
"It was a psychological inferno," Olmstead says. "Every second you think the cell door will open and someone will come in and knife you. I knew I had to get out of there."
And get out he did. Olmstead, 47, was serving time at the California Institute for Men, a minimum-security state prison in Chino, Calif., for selling crystal meth and forging drivers' licenses, and came out to one of the guards.
"I told her I was gay and HIV-positive, and I needed to get out," he says, "and she had me out of there in 15 minutes."
Olmstead was lucky. He was moved to "protective custody," a segregated section of the prison designed to protect the most vulnerable inmates from the dangers of the general population. There he served his time relatively unscathed with other gay, transgender and HIV-positive inmates, as well as older prisoners and informers who sought protective custody in order to survive.
"We could get by without fearing violence for being gay," Olmstead said. "That was a huge relief."
But many other inmates aren't so fortunate. Protective custody in many state prisons is extremely difficult for inmates to get into, leaving countless gay and transgender prisoners to fend for themselves in a prison population that is often violent and extremely anti-gay.
Roderick Johnson, for instance, a gay man who endured horrific physical and sexual violence at the hands of inmate gangs in a Texas prison, petitioned for protective custody on seven separate occasions. And seven times he was denied. One prison official, Johnson says, told him, "We don't protect punks [gays] on this farm."
Johnson sued the Texas Department of Criminal Justice for violating the Eighth Amendment, which prohibits cruel and usual punishment, claiming that prison officials took "sadistic pleasure" in denying him protective custody. Prison officials flatly denied Johnson's reports of abuse, citing a lack of evidence, and last October, he lost his suit. (Johnson later served a brief detention term for violating parole.)
Proving they are being threatened can be very tricky for inmates. "Snitching" on another prisoner is the ultimate taboo and can provoke a violent retaliation. And, as in the Johnson case, prison officials are often reluctant to believe claims of abuse without proof.
"Unless they show obvious physical injury, their complaints tend to be ignored and their requests for protection denied," says a Human Rights Watch report on male rape in U.S. prisons. One inmate who sought protective custody in an Indiana prison told Human Rights Watch that a corrections official said he "won't do anything till I come out here with my ass torn up." Such graphic remarks by guards and prison officials are not unusual, inmates say, and demonstrate a cold-hearted indifference to their plight.
While state prisons remain exceedingly dangerous for many LGBT prisoners, a handful of county jails have attempted to address the danger by creating separate, segregated housing. In San Francisco, transgender inmates are automatically segregated from other prisoners, says Eileen Hirst, the sheriff's chief of staff.
Being gay, however, is not enough to gain an inmate entry to segregated housing. "We look for vulnerability," Hirst says. "You can be gay, but be 6'5", obviously have spent years in a gym, be extremely criminally sophisticated and in on a murder charge." Young inmates, men with slight builds, and people incarcerated for the first time are considered at risk and may be segregated as well.
But segregated inmates in San Francisco jails cannot participate in programs designed to help prisoners get back on their feet. "If you are trying to protect a population, it's very tough to put them in a classroom with other inmates," Hirst says. So drug treatment, writing classes, anger management and high-school equivalency prep classes are all off-limits to segregated inmates.
The Los Angeles County Jail separates gay and transgender prisoners into three units, known as K-11. But inmates there can participate in the Social Mentoring Academic and Rehabilitative Training (SMART) program, a series of courses designed to reduce recidivism by helping gay and transgender inmates succeed outside prison.
"That part was great," says Olmstead, who spent six weeks on K-11 before being sent to state prison. He took a SMART computer programming class, he said, and enjoyed the security of being in a mostly gay-friendly environment. "Some of the guards were openly hostile to gays," Olmstead says, "but it wasn't real bad."
New York City had segregated housing for gay and transgender inmates until December 2005, when corrections officials closed "gay housing," as it was called, on Rikers Island, the city's largest jail. Gay activists objected that the city was compromising the safety of its most vulnerable inmates.
"There is no easy solution to the housing problems" for gay and transgender inmates, says Chris Daley of the Transgender Law Center. "There are global answers about getting over our addiction to incarceration, but on an everyday level, it comes down to how are going to keep people safe. And it's complicated."
Tomorrow: What if you are arrested?
Patrick
Is it possible to have the spelling of my name corrected from Mark Olmstead to Marc Olmsted in today's article?
If anyone googles me, they're not likely to find the blog.
They're some misimpressions in the story, but fairly inevitable given the volume of confusing information I gave you. (For the record, I spent only 6 weeks in Protective Custody, while I was completing Chino reception. After that, I spent my last 4 months "on the mainline," mixed in with the general population, which was fairly non-violent because it was Minimum Security. The article makes it sounds like a served out the rest of my time in P.C.)
Prison is no picnic, but in my experience it was not as terrifying or violent as it seems to be depicted in your article. I never ever heard of one rape in my 9 1/2 months. I think it's important to inform the public, but I don't think it's helpful to scare the beejeezus out of someone about to do time either. (They might already be suicidal as it is) If you write about this further, please make the all important distinction between minimum, medium and maximum. It's a completely different experience depending on the severity of your crime and what level security yard in which you do your time. (I believe Roderick Johnson was not in Minimum, where most inmates are--I could be wrong. Texas is also rather notorious on every level).
Marc
MCO 2006