Please SHARE this essay and encourage others to SIGN our Petition for Justice reform in West Virginia!

MANIFESTO OF THE POOR
27TH July 2020 (Revised on 17th January 2022)

Previously, I issued notification that policies and procedures are frequently violated by staff at Central Regional Jail in Sutton and other DOC facilities throughout the state of West Virginia. The purpose of this essay is to provide greater detail and clarity concerning those charges of inhumane common practice, civil and Constitutional violations, and identify some of the more egregious infractions resulting the same.
From October 2nd, 2017 until August 2nd, 2021, I was housed by the West Virginia Department of Corrections and Rehabilitation at Central Regional Jail in Sutton, Northern Regional Jail in Moundsville and Potomac Highlands Regional Jail near Martinsburg. During this time, I was housed in what WVDOCR terms “protective custody” and “special management” due to my having previously been employed by the United States Department of Justice and for “medical observation.” In these units, residents were locked in their cells 24 hours per day and permitted showers typically every 3 days; those times outside the cell were 30 minutes or less.
Although recreation of 1 hour per day is mandated, no such opportunities were afforded until a disturbance was raised by residents who objected. At CRJ, I was offered outside recreation twice in a 6-month span, both occasions being between 2:00 AM and 4:00 AM. At Potomac Highlands, residents finally became restless after long periods of lockdown and protested by flooding the sections to obtain 1 hour of recreation; however, this resulted worse environmental conditions.
Food in those same lockdowns was placed on the floor in front of cell doors at every meal, then handed to residents one by one from the floor through food slots. Those same food slots were used to insert toilet bowl brushes and dirty mops, on the rare occasions they were provided at all. What’s more, some staff members used the designation of suicide watch as punishment or in retaliation toward complaining residents; subsequently, taking all their property and clothing, including bedding, leaving them practically naked locked in these same sections. Suicide procedures are only permissible under circumstances of true belief that a person is in danger of self-harm or a threat to the safety of others. One resident suffering mental illness was stripped completely naked and left standing in full open view of the entire section for nearly 30 minutes.
Attitudes and behaviors of several staff members at these locations are alarming; telling residents not to come to jail if they didn’t like the treatment and conditions. Worse still, attempts to report this behavior resulted reprisal and retaliation, verbal abuse and even the offering of bribes to other residents to assault those who complained. All this is compounded by the fact that absolutely no policy and procedure is in place to effectively report such behavior. Furthermore, those staff wiling to assist are not knowledgeable of process or reporting tools.

Since December 2018 and earlier, residents at the Central Regional Jail have been without hot water. The tap water also bears an odor, causes digestive discomfort when consumed and leaves heavy scale residue extending from showers and water access points. Even the most rudimentary filtration system, (a cotton sock), produces dark brown filtrate and solutes when the sink’s drinking water is filtered. Black mold and gnats inhabit drains and other damp areas as well ant hives throughout each of the state’s facilities.
While at Central Regional Jail, retracing testing from a 2007-2010 audit conducted by the West Virginia Legislative Post Audit Division of West Virginia State Police evidence rooms in which I assisted, I am dismayed to report that many of the audit findings presented in confidentiality in that report concerning collection of evidence and chain of custody for cash, firearms and narcotics appears to be a continued and consistent shortcoming for some local police departments. My assessment and subsequent proposition is not that everyone working in these areas of government is corrupt. It would be obtuse to suggest such a conjecture when, in fact, there are many hard working, genuinely compassionate and honest individuals who comprise these workforces. What’s more, we are all human, prone to error from time to time; God knows, I’ve made my share also. The most important element of having made a mistake is the learning and growth thereafter. Those familiar will attest that I tout education as the cure for all ailments. The most dangerous malignancy facing mankind is our own ignorance.
Beginning autumn 2019 I made requests for legal supplies such that I could communicate with my attorney and the court in regard my case. At that time, Tracie McHenry, former Directory of Inmate Services outright refused me all legal supplies. Although WVDOCR Policy 335 was not yet implemented, I utilized the kiosk and followed grievance procedures to exhaustion; however, CRJ administration refused to properly address the supply of legal materials. What’s worse, Mc. McHenry visited me and threatened administrative segregation if I continued to pursue legal supplies prescribed by law, despite my having never behaved obstreperously.
In March 2020, residents including myself voiced complaints that individuals responsible for handling food were not properly trained or certified, nor did they exercise proper standard of hygiene to include wearing proper protective equipment. Furthermore, rather than wear the PPE prescribed by policy for food handling and distribution, Officer Bartsch instructed that each of the nearly 400 residents approach food carts and handle items without PPE or any assessment of hygiene. Upon my complaint, Officer Bartsch stated that he would quit his job before he wore the gloves and hair guards required in policy. He then further detained me, segregating, and locking me in my cell for requesting that policy be adhered. Worse still, while residents were locked in their cells, Officer Howard placed trays of food on the floor in sewage water. Those individuals responsible for the disturbance resulting corporal punishment and lockdown had already been removed from the section; those remaining who were not involved objected to this inhumane treatment. Captains Morrison and Farley met with me to discuss this issue.
Despite our conversations, staff continued to place food trays on the floor before serving to residents and also inserted dirty mops and toilet bowl brushes through food slots. Officer Taylor was observed picking food items off the floor and placing them back into food trays and serving to residents. When I objected to the receipt of an exact tray upon which he had placed items of from the floor, he denied my receiving a meal altogether.
On July 24th 2020, I was called into an interview room by Superintendent Harvey Hawkins, Major Daniel Bailey and Captain Morrison all at once and confronted on those legitimate and vetted matters grieved by myself and others. The reception I received was equally frustrating and insulting; however, my hope and determination for change remain unyielding.
At the start of this meeting, Superintendent Hawkins expeditiously stated that he had no time to waste hearing of these matters, leaving me to wonder why he had summoned. Next, Major Bailey proposed his solution, suggesting the proper response to address these very serious deficiencies was to transfer me elsewhere and be rid of complaints without addressing those issues grieved. After some discussion, Major Bailey went onto say, “I don’t want to learn the policy because I don’t give a fuck about it. I’m going to hire someone else to handle it.” He then exited our meeting, leaving only Captain Morrison.
Impressively, Captain Morrison took a moment to hear details regarding issues grieved. In addition, we discussed the intricacies of reporting through the red tape of WVDOCR Policy 335. The Captain’s willingness to objectively consider grievances as well as cooperate with residents; that, together, improvements could be made, is the cause of my sustained hope for change. Having expressed genuine empathy concerning conditions in these facilities and the poor training provided to cadets at the academy, Captain Morrison simply stated, “I am one man, and there is only so much I can do.” In response to the Captain, I replied, “You heard these complaints today, and did your part.” Although Captain Morrison retired from his position a few months later, I believe he was committed to providing a just correctional environment, had proper resources been made available to him.
On Tuesday, July 28th, 2020 Superintendent Hawkins summoned once more for conference. We briefly discussed a variety of subjects concerning DOCR operations and policy. While I believe his intentions are genuine and personal philosophy fair, he reiterated those concerns previously expressed by Captain Morrison related to poorly trained cadets and being overwhelmed by the sheer number of incarcerated persons. I would be remiss if I failed to include these opinions and concerns.
Overcrowding of West Virginia’s prisons and jails is without question the most overt red flag indicating that our justice system is well overdue for redress. Despite the state’s declining population, the number of incarcerated persons continues to increase. Some foolishly advocate for construction of bigger jails and prisons. Clinging to failed policies of the past concerning mental health and addiction recovery treatment, we would sooner build a fence around the whole state and create a prison economy as opposed to offer a helping hand to our neighbors.
It is worth noting that the incarceration of a single person costs in excess $30,000 annually; and some now serve 1-to-10-year sentences for having taken less than $10 in food from a convenience store. Let us now recall the lesson of philosopher and writer Voltaire, who cautioned that when economic times get tough, we should beware that one half the poor is not paid to imprison and enslave the other half. This impasse of Capitalism against Liberty has been reasserted time and time again. Forget not the words of Jay Gould who declared that he was wealthy enough to pay one half the poor to fight the other half; thereby, exploiting all. Evolution of our social policies is inevitable in order we solve this state’s socio-economic dilemma.
Having now audited scores of cases, the evidence is inescapable. This system needs and overhaul, period. Rarely do I make vehement endorsements; however; there is no time more appropriate and befitting than the present. First, The Honorable Judge James W. Rowe, retired Circuit Judge from Greenbrier County. While I have not met Judge Rowe, I have borne witness to some of those cases over which His Honor has presided and adjudicated. The footprints of this Judge’s ideology point toward progressive jurisprudence and he should be recognized as exemplary among his colleges. Judge Rowe has made efforts to educate the public about the advantages of rehabilitation programming and has proactively advocated for correctional solutions that better serve the people of West Virginia. Although resources have been limited, Judge Rowe’s record will reflect his advocacy for the betterment of our state. I call upon the WV Governor’s Office to give priority consideration to Judge Rowe and nominate his elevation to the federal bench should a vacancy occur. Moreover, the state would be well served under the advisory of Judge Rowe in both the capacity of a Judiciary Inspector General and judicial solutions involving diversion and recovery programming.
Next, and equally important to reformation of the legal system, Lydia Milnes, Attorney for Mountain State Justice who now advocates for proper availability of healthcare including mental health and addiction treatment. Mountain State Justice has shown their determination to advocate for better standards in healthcare for incarcerated persons and have taken these issues to United States District Court while many of the state’s bar members ignore the crisis in West Virginia.
The cause of this Manifesto, by and in defense of the people of West Virginia and Civil Action based thereupon is not to place squarely the blame for this crisis upon any single or group of individuals for discipline, nor to punish taxpayers: quite the opposite, in fact. This crisis is begotten decades of stigmatic dogma, disregard and negligence, due lack of education, training, written policy, and compensation to include fair wages and benefits to uphold honorable and professional conduct accordingly. Come we now via Principal Plaintiff and Steward for the People of West Virginia to argue honestly and fairly, that the value and potential of our lives is not hastily disposed.
The foundation of America’s Industrial Revolution was due the fruits of our labor and energy from right here in the mountains of West Virginia. We should be proud of our contributions to the country’s prosperity and be reminded that we are both valuable and capable people. Of all developed nations today, the United States is dead last in highspeed mass public transit (super trains), high speed communications (data pipelines) and renewable energy capture; yet, among our citizens reside some of the most affluent businessmen and women in the world. The time to reevaluate social and economic strategy is now. This great county, the United States of America, and West Virginia are my home; and the people, my friends and family whom I love. It is on their behalf alone that I shall ever again draw my sword.

Jayson B. White