Sunday, August 2, 2020

[U: Hearing Friday] These Are Very Young Children. This IS TORTURE, Under Our Eighth Amendment. These Are ONGOING Crimes Against Humanity.


UPDATED 08.04.20 @ 9 AM EDT -- the able judge has set a hearing on the below, for Friday morning, Pacific time, thus: ". . .(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to the Court Order dated June 26, 2020 [833], a video status conference is set on August 7, 2020 at 11:00 a.m. Counsel of record shall contact the courtroom deputy clerk at dmg_chambers@cacd.uscourts.gov to receive the VTC link and telephone line. Associates of counsel and the public may attend the hearing at the courthouse by submitting an online form at https://www.cacd.uscourts.gov/hearing-access-request-form. IT IS SO ORDERED. . . ." I will listen in, this time. End update.

The latest two reports from the Flores litigation are, as ever, disturbing (first one: 33 pages, here). [This litigation has been ongoing, without interruption, since Ronald Reagan was President, 35 years ago.] But the second, six page report, delivered late last week -- shocks my conscience. In the time of COVID-19, I represent and warrant that I have multiple pro bono clients (as I am sure many other lawyers around our nation might, tonight), all men in their 50s -- presently serving natural life without parole, most for deplorably violent crimes -- in several facilities state, federal and privately-run. . . AND NONE OF THEM are being treated to torturous conditions of solitary confinement as harsh as these. . . CHILDREN, now separated from their parents and guardians.

This is not the American way. This is. . . disgusting. These children will grow into emotionally crippled adults, all from this psychological torture, without any reasonable doubt. They must ALL be released. . . immediately. Here is the full second report, and the part that has left me. . . weeping inconsolably, tonight:

. . . .During the first week of their quarantine, the children were required to remain in separate bedrooms with the door closed. The bedrooms in which the children were quarantined consist of four white concrete walls, a heavy door with a small window opening near the top, and a small screened-in window to which there is no access. The bedrooms are not decorated, nor is there a clock or calendar to keep track of the time or day.

Each room is outfitted with four small beds and a bathroom, with minimal floor space. The children were only allowed to leave the room to make their twice-weekly phone call to a family member. Children at Casa Sunzal are allowed two phone calls per week for 10 minutes. Therefore, during the first week of quarantine they were only allowed to leave their rooms twice for 10 minutes.

The children did not leave their room during the majority of the days they were quarantined. They were not allowed outside or to any other area inside the shelter. As a replacement for recreation time and physical education, a staff member stood outside the door and instructed the children to do exercises. All snacks and meals were eaten in their rooms off a tray, since there is no table or similar surface in the bedrooms.

As a replacement for school, each morning the children were provided worksheets to complete educational assignments, to be completed in their rooms without any instruction from teachers. The children were provided face masks when allowed out of their rooms to make their phone calls. In the two weeks the children were quarantined, the children reported to us that their only human interaction was with one of their counselors who was fully dressed “like an astronaut” in personal protective equipment. . . .

. . .[T]he children at Casa Sunzal were significantly impacted by the extreme isolation during their quarantine. One child reported that she began talking to herself and hearing voices, and another reported losing track of the days. One child spoke with KIND’s Social Services Coordinator and reported that she had recurring traumatic thoughts about her past during the period of isolation. Although it is possible that these symptoms are unrelated to quarantine, I believe that they were exacerbated by the severe level of seclusion. . . .


WHAT IS WRONG WITH THESE PEOPLE? Who would allow even a child murderer to be treated this way?! These children simply crossed a border, on foot -- at most, a misdemeanor, as to their tender ages. . . and now they are being. . . tortured without end, for it. Judge Gee, you are a capable jurist. You must end these US Government crimes, this week. By Friday. The time for "meet and confers". . . has long-passed.

These children are being. . . tortured -- with every night you fail to grant them summary release, without condition. There are at least 100 of them, for certain -- perhaps double that number, when the able lawyers complete visits to all facilities. This must end, now.

नमस्ते

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