prisoner describes consistent lack of masks, and is denied release despite high health risk and no violent past convictions

On or about July 24, 2020 a rule went into effect, being, any inmate who comes outside their cell or dorm is required to wear a mask, correctly over their mouth and nose. If said inmate does not wear said mask properly, he/she will be demanded by a deputy to return to their dorm or cell, and will not be allowed rec time. “Sounds good” – at this time there is not one deputy who enforces said “sounds good” rule.

The food that is given to inmates, from Santa Rita Jail is handed out by inmate pod workers (trustees) but said trustees do not wear their face masks correctly. Most of the time, their noses are not covered. What is the point of wearing the mask if the nose is not covered? And the deputies do not say anything to correct said actions. I have tried saying something to workers and they do not listen. Plus it is not my place to tell another inmate what to do – I do not want to get in a fight! Not one inmate worker wears their face mask correctly at the dayroom and deputies do not correct said action. When food is serve to me, if it is not in a sealed tray, I will not accept the tray. And if the tray is sealed, I will wipe said tray with hand sanitizing wipes and wash my hands before I eat.

At yard, no mask on while playing basketball by 99 percent of inmates. In between dayroom (pod time), before and after the trustees are issued a spray bottle by a deputy with bleach and water in said bottle, which is used to wipe the day room tables, phones, and areas where the virus might be. But said trustees do not wear a mask while wiping said areas with said bottle and if they happen to have a mask on, 95% of the time their nose and/or mouth will not be covered by said mask. What is the point of bleach spray with no mask?

I am 53 years old, I have been convicted for driving a car without the owner’s consent. I was arrested on May 10, 2020, and charged with PC 245 assault on a police officer with a deadly weapon. So I was not released on OR bail, because of the violence charge.

The only reason I was charged with said PC 245 is so I would not be released on $0 bail. OPD pulled a “bitch move.” At my preliminary hearing, said PC 245 was dropped if I plead no contest to VC 10851. I accepted the 10851 conviction with a release of 03/07/21 (8 months more). Point being, I have no violent conviction and/or no strike convictions in my 30 years of doing jail time.

So having no strike or violent convictions does not help me with an early release for my safety against COVID-19?

On or about July 10, 2020, Governor Newsom stated inmates in state prison over 30 years old doing time for a nonviolent offense with less than a year left to do, he would have released within the next couple of months. I thought said statement made by our governor applied to me. But since I have no strike priors, I was not sentenced to a state prison term. I was sentenced to a local prison term regarding AB109 which happens to make me not eligible for said early release.

So having no strike or violent convictions does not help me with an early release for my safety against COVID-19? I feel it is disrespectful to Deputy Rocha who died of COVID-19 at the age of 57 years old, that he caught the COVID-19 here at Santa Rita on the job, by his partner deputies not enforcing the mask rule 100%.

Oh yeah, I am housed in a pod with 14 cells. In this pod there are two groups. So we are fed in our cells. On or about 09/18/20, a deputy B. Nacy who opened my cell door for dinner was not wearing a mask at all. Whenever I am near any staff or inmates I try my damndest to have a masks on. So I had a mask on during said opening of door, within 10 minutes. I witnessed said deputy N. Nacy escorting a pill call nurse with him and the nurse, both wearing masks correctly. But when said deputy opened my cell door for the trustee to pick up my dirty tray, he had a mask on but it was not covering his mouth or nose.

I witnessed said deputy N. Nacy escorting a pill call nurse with him and the nurse, both wearing masks correctly. But when said deputy opened my cell door for the trustee to pick up my dirty tray, he had a mask on but it was not covering his mouth or nose.

I think B Nacy is a Trump Groupie! I submitted a grievance regarding my age of 53 and being a high risk in danger with examples: Rocha, 57; San Quentin CDCR Sergeant, 54; and Sergeant Vigal Thomas, 52, Richmond PD, who have all died because of COVID-19 on the job. “Release me, I am nonviolent.” The inmate grievance response is “multiple precautions and procedures have been put in place for everyone at Santa Rita Jail due to the virus. If you wish to be considered for an early release, you need to talk to your legal representative. Santa Rita can’t just let you out, you must be released through the courts.”

So I asked my Public Defender regarding said issue, and she said the courts are not going to give me a 5-month-early release but she did state: Santa Rita Jail could give me an early release without a court order.

I also asked Ms. Clark, my PD, if we could ask the court if we could release me to a home arrest to the Jack London Motel. I stated that my brother will pay the $400 a month for five months for land line home arrest device. Or place a GPS device on my ankle with a curfew. But she said no, I have already been sentenced. To let you know, if you don’t know, the Jack London Hotel is where Alameda County houses people on probation who are homeless regarding COVID-19.

The inmate grievance response is “multiple precautions and procedures have been put in place for everyone at Santa Rita Jail due to the virus. If you wish to be considered for an early release, you need to talk to your legal representative. Santa Rita can’t just let you out, you must be released through the courts.” So I asked my Public Defender regarding said issue, and she said the courts are not going to give me a 5-month-early release but she did state: Santa Rita Jail could give me an early release without a court order.

Most deputies do wear face masks, but all deputies do not make any inmates wear face masks correctly, period. Since the mask rule went into effect on July 24, 2020, only one deputy, a Deputy Jones, made sure every inmate wore a mask and if he saw an inmate not wearing a mask correctly (covering the mouth and the nose) Deputy Jones made them get locked in the cell. But he got transferred out of my housing unit, 21. I take every caution I can to avoid COVID-19 except being housed in the hole.

I am housed in max separation in Unit 21, it is not PC but it’s not main line. When I can go into this housing unit, I had to go to day room by myself until every inmate in a group I wanted to go to day room with, signed a form that I signed to before I could be put in said group by classification.

Point being, for me to get a cellie, I have to agree to the cellie. And I refuse to agree to any cellie because I am afraid of COV19 and 99% a cellie won’t follow health guidelines to avoid COV19. But classification can place me in ad-seg, the hole, for not accepting a cellie.

I wish Governor Newsom would pull strings to release nonviolent inmates over 50 from county jail with less than a year. I am high risk.

I want you to know everything I have stated in this note is 100% honest. I put said fact on my word, on East Oakland, and my loved one.

Learn how you can take action to demand more releases from Santa Rita to protect the health and safety of our community

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