Caging And Confining God's Creatures

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“You know, at one time, I used to break into pet shops to liberate the canaries.

But I decided that was an idea way before its time.

Zoos are full, prisons are overflowing… oh my, how the world still dearly loves a cage.”

Maude <Harold & Maude>

I recently attended a meeting in which a jail administrator made the point that the reason they had to take such extraordinary measures to deal with inmates is that they are extraordinarily prone to devious behaviors. To make his point he passed around an album of photos showing deadly weapons made out of combs, utensils and other materials, of jail cells being utterly trashed by irate inmates and many other depictions of dangerous and destructive behaviors.

Obviously, the speaker had a point. Some who are incarcerated do have a history of deviancy that result in a special set of misdeeds when behind bars.

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But how might the "cruel and unusual" effect of incarceration itself help produce such behaviors? Being involuntarily confined to small quarters for long periods of time is, after all, so unusual and so unnatural that it could contribute to all kinds of pathologies.

In the animal world, some zoos are resorting to the use of psychotropic medications to manage abnormally ritualistic or aggressive behaviors resulting from the stress of confinement. In the nineties, a polar bear named Gus became well known for endlessly swimming in a figure eight patter in his pool habitat, sometime for 12 hours at a time, resulting in his being put on Prozac and dubbed the "bipolar bear". This and many other examples of strange "mental conditions" in confined animals are highlighted in a book by Laurel Braitman called "Animal Madness" and noted in a recent article in Slate magazine.

Next to experiencing the loss of a loved one, the stress of incarceration is without a doubt the most depressing and debilitating things humans experience.

In the not so distant future I believe we will look back and see our present overuse of incarceration as barbaric and unconscionable.

Along with being both cruel and crazy making.

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My Family's Hard Times in Drought Stricken Oklahoma 1939-1943

A story about my brother's (and my) first years

The crops were ruined. There was nothing to do about it, The shocks were beaten to the ground. The grain heads were shattered to a pulp. Everyone stood in the barnyard and looked over the fields. Dad stood with his hat in his hands. Mom stood with her arms folded tightly against her chest. The girls stood with eyes and mouths open wide. Eli and Sanford stood with their hands in their pockets and did not say a word.  

Dad pulled his handkerchief from his pocket and blew his nose. Eli knew what he was thinking--the payment. Some of the money had already been used to buy Pedro and Gray. Eli crouched up and buried his face in Bowser's fur. Torn maple leaves lay thick around his feet. Splintered elm leaves littered the yard.

The storm had shoved over the outdoor toilet and ripped part of the barn roof away. It had torn shingles from the roof of the little house, and several of the windows were broken. The wind had shaken the farm like a wild beast shaking its prey.

Dad rubbed his hands over his eyes. His face and arms were covered with nicks and cuts, but he did not seem to notice. He lifted his head. "It's going to be all right," he said, and he smiled at them all.

This is from the first of three books written by my niece Judy Yoder about her father and my next older brother Eli's childhood, a saga that begins in eastern Oklahoma and later continues in eastern Kansas and then in Augusta County, Virginia. This first of the series has just been published by Christian Light Publications as a book for children, but my wife and I found ourselves unable to put it down once we started reading it, partly because it reveals so much about my family's story.

I was three, the youngest of the eight children, and my brother Eli was six when the fierce hail storm described here devastated our farm and injured everything and everyone in its path. It also dashed my parent's hopes of being able to make their farm mortgage payment that year. Due to recurring drought in Nowata County this was one of several years when they were able to come up with only enough money to pay their annual interest on their mortgage.

Reviewing all this has made me marvel all the more about how my parents kept their faith and hope alive through the Great Depression and later years of severe drought. For the rest of his life I heard my father repeatedly say that the Nowata years were when he felt closest to God and to the struggling Amish community that stood by us and each other through hard times.

Niece Judy Yoder has written numerous books, including Vera's Journey, the life story of a rural Valley Mennonite mother and grandmother who became deaf at age 38 and who lived to be 102. This hard cover book, also published by Christian Light, offers intriguing details of local Valley history and has sold over 6000 copies.

An Open Letter To Governor McAuliffe: Repatriate Jens Soering To His Native Germany

Governor McAuliffe

Dear Governor McAuliffe:

Jens Soering, 45, a former Jefferson scholar at the University of Virginia and the son of a German diplomat, was sentenced to two life terms in prison in 1990. He pled guilty to the first-degree murders of his then girl friend's parents in Bedford County in 1995, he insists, only in a misguided attempt to save her from getting a death sentence for the crime. As it turned out, they were both sentenced, she to serve a 90-year term.

There is no physical or DNA evidence linking Jens to the scene, and he says he was far from the scene at the time the terrible murders occurred. He says he naively assumed that he could plead guilty and would be extradited to Germany for a trial where he would be exonerated on the basis of a false confession or at least get a lesser sentence.

As you are aware, former Governor Timothy Kaine, at the end of his administration in 2010 and at the request of the German government, approved Soering's return to his homeland and asked the Justice Department to transfer him to Germany to complete his sentence there. Incoming Governor Bob McDonnell, however, at the urging of then Attorney General Ken Cuccinelli, blocked the transfer, noting that in Germany he could be eligible for parole in two years.

Jens has no history of any kind of violent behavior in his background, and has maintained an impeccable record while incarcerated. During the nearly three decades he has spent behind bars, Soering has had nine books published, including The Convict Christ: What the Gospel Says About Criminal Justice, the first place winner of the Catholic Press Association's 2007 awards. 

Governor McAulliffe, whether you consider Mr. Soering innocent or guilty of the crime for which he was convicted, I call on you to demonstrate compassion for a fellow human being who has worked hard for for nearly three decades at demonstrating he can be a creative and productive member of society. 

Here's a link to an earlier post on Soering, with a list of some of the books he has authored.

More informative and supportive articles can be found on the following website:

http://jenssoering.com/

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Express your concerns to the governor regarding this case:
https://governor.virginia.gov/constituent-services/communicating-with-the-governors-office

November 2016 Press Release Regarding Jens Soering

German native Jens Soering

FOR IMMEDIATE RELEASE

NOVEMBER 10, 2015

Press stories in the past week have distorted the facts about Jens Soering’s efforts to be repatriated to his home country.

Mr. Soering has not sought a personal meeting with the Governor, or any other extraordinary privilege on grounds that he is the son of a man who, many years ago, had a job with the German diplomatic representation to the United States. Mr. Soering is a German national who has served more than 28 years in prison on a Virginia sentence. He seeks transfer to the German prison system pursuant to the Council of Europe’s Convention on the Transfer of Sentenced Persons (the “Treaty”).

The Treaty—to which the United States and Germany are signatories—commits countries as a matter of comity to assist one another in appropriate circumstances by transferring prisoners to their home countries in the interests of social rehabilitation. Not just any prisoner can seek action under the Treaty – only those who whose home countries signed the Treaty and whose home countries consent to their return. The Treaty had wide bi-partisan support when it was signed by the United States.

The Governor has the sole authority to act on behalf of the Commonwealth with respect to a request for transfer of a Virginia prisoner under the Treaty. Upon the Governor’s consent on behalf of Virginia, Mr. Soering’s application would then be considered for approval by the United States Department of Justice (“DOJ”). Guilt or innocence, or the nature of the crime, do not factor into the repatriation decision.

We believe that Jens Soering’s renewed application for repatriation should be advanced for consideration by the DOJ under the terms of the Treaty because:

 Consent is in the best interests of the citizens of Virginia. The public safety of Virginians as well as their financial interests are well-served by transfer. Upon transfer, Mr. Soering would be removed to Germany immediately and could not return, as he is subject to a deportation order in the United States. In addition, the Commonwealth will be saving the costs of incarceration, future medical care, and any probation costs in the event of his eventual parole.

 Consent is in the best interests of the United States. The DOJ and our diplomatic corps regularly hear from US citizens in their families who are desperate to bring their loved ones home who have been incarcerated abroad. A 2013 report states that, each year, roughly 6,000 Americans are arrested in foreign countries (not limited to those countries involved in a prisoner transfer treaty or agreement). Given the broad geographic areas covered by prisoner transfer treaties with the United States, it seems likely that thousands of Americans have been convicted of crimes and are incarcerated in those jurisdictions. How can we expect them to be returned to the United States if we do not send prisoners like Mr. Soering home?

 Mr. Soering is not requesting special treatment. He is requesting that the Governor of the Commonwealth of Virginia approve his transfer pursuant to the Treaty, in accordance with the same procedures available to any other foreign national imprisoned in the United States whose home country has signed a transfer treaty. The United States is a party to prisoner transfer agreements with fifty-one countries around the world. As of September 2010, the U.S.DOJ had approved 2,203 applications by U.S. prisoners to be transferred to their home country. Between 2008 and 2010, transfers from the U.S. to members of the European Union accounted for 11% of the total approved international prisoner transfer applications.

 Mr. Soering’s transfer to Germany will advance his ongoing, remarkable social rehabilitation. Mr. Soering, has served 28 years in incarceration, and, perhaps is unique among Virginia prisoners in having not a single disciplinary demerit in all those years.

He has good Virginia Depart ment of Corrections evaluations and has used his time constructively, becoming recognized as an author, religious scholar, and zealous advocate for prison reform. If he is to see his father before his father dies and is to ever make a re-entry into his native country and culture, now is the time. To the best of our limited information there are only two or three German nationals incarcerated in Virginia in addition to Mr. Soering. We understand that German officials consider his case completely different from the others in that: the crime occurred when he was very young; he has served a very long sentence and without repatriation has many more years to serve; he has a stellar disciplinary record; and his talents and his support system bode well for his reintegration into German culture and his prospects for a productive life in Germany.

Gail Starling Marshall
7393 Shooter’s Hill Road
Rapidan, VA 22733
(540) 672 3506
gailstarlingmarshall@gmail.com

Richard B. Zorn
Mercer Trigiani
112 South Alfred Street
Alexandria, VA 22314
(703) 837-5000
rbzorn@icloud.com

Of counsel:

Hogan Lovells US LLP
Patricia A. Brannan
555 13th Street, N.W.
Washington, DC 20004
(202) 637-8686
patricia.brannan@hoganlovells.com

Express your concerns to the governor regarding this case:
https://governor.virginia.gov/constituent-services/communicating-with-the-governors-office

Attorneys for Jens Soering

Relationships Require Some Serious Assembly

Four-part harmony

One of the metaphors I've come up with for relationships is that of a jigsaw puzzle. There are lots of puzzling parts to put together to create a beautiful finished work. Fortunately, all of the needed parts are there, and with the exercise of diligence and God-given perseverance we can eventually fit them all together. But good marriages don't come already framed and fully assembled.

When it comes to putting a puzzle together it's important to keep checking the picture on the cover of the box. The "Shalom Marriage" shown above is one in which spouses are in a close and equal relationship and in which each is taking full responsibility, with whatever help they need, for their own personal growth and respectful behavior. They don't expect their marriages to be healthier than the wellness each brings to them.

Shalom couples also spend as much time as possible together in their problem-free area--working, playing and being affectionate together. They never minimize whatever gets in the way of that happening, but are able to file those issues for later times of regularly addressing them (in their mutual problem area) and to arrive at win-win solutions.

The Hebrew concept of shalom suggests a harmony in which nothing is marred and nothing is missing. That's the God-given picture we need to keep in front of us.

Dissonance, discord, disconnection

In the "Disordered Marriage" shown here, partners are still having some assembling to do. In times of stress their relationship seems to be in disarray and they may find themselves detached and distanced from one another. At such times ones partner is often perceived as having more stature and power than the other. Also, much of what should be being celebrated in the couple's problem-free area is overshadowed by the many unresolved conflicts in their mutual problem/growth area.

At such times problems, both personal and shared, may come to dominate and define a couple's relationship, and they enjoy less and less tension-free and problem-free time together.

In summary, in shalom marriages each partner gives top priority to fixing what is in their own problem/growth area rather than focusing on trying to fix the other person. Each recognizes that not all problems in their marriage are marriage problems, but are individual problems and bad habits that negatively impact their relationship. And if, God forbid, the marriage were over, each would take those problems with them.

Shalom marriages also accept shared problems as normal, and see working at them as having potential for bringing about positive growth and change that may have never happened had there been no challenges to deal with.

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So, chosen by God for this new life of love, dress in the wardrobe God picked out for you: compassion, kindness, humility, quiet strength, discipline. Be even-tempered, content with second place, quick to forgive an offense. Forgive as quickly and completely as the Master forgave you. And regardless of what else you put on, wear love. It’s your basic, all-purpose garment. Never be without it. Let the peace of Christ keep you in tune with each other, in step with each other. None of this going off and doing your own thing. And cultivate thankfulness.       

- Colossians 3:12-15 (the Message)

Model Prisoner, 47, Denied Parole Seven Times

Mr. Zellers (front left) with some of his friends

Charles Edward Zellers, Sr., was born April 10, 1968, in Mecklenburg County, and was incarcerated at age 25. At the recommendation of his court appointed attorney he entered an Alford Plea, being led to believe he might get the death penalty if he had a jury trial. He was also told by his attorney that he would likely be released on parole after seven years if he maintained a good prison record. 

I do not post details about any inmate's case unless at their request or with their explicit permission, but Charles clearly takes responsibility for his past and is eager to do whatever he can to make a positive contribution to society and to his family. He especially wants to be able to help his widowed mother in her declining years and his two younger sisters, one a single mother with four children who also very much need his help and support.

In his own words:

"I agreed to the Alford Plea only because of the coercion of my court-appointed public defender. He was actually my second attorney in this case. The first one came to the jail in the middle of the night and verbally offered me a plea for, I think, 50 years. If I had known then what I know now, I would have accepted it. I would be mandatorying my sentence in two more years."

The following record of his achievements demonstrates his commitment to being model citizen:

*PIEDMONT REGIONAL JAIL (January 25, 1993 to March 22,1994)

Charles served 421 days there and completed numerous Bible classes while there and corresponded with a pastor who visited him, the Rev. Zada Lovelace.

*POWHATAN RECEPTION & CLASSIFICATION CENTER

Here Charles  earned his GED November 29, 1994 and completed numerous other biblical courses,. He was a model citizen there and also attended AA and church services plus completing the A+ program. 

*AUGUSTA CORRECTIONAL CENTER

Upon arrival at ACC Charles was provided a job in yard maintenance and was given an inmate job performance review that stated that he was "an excellent worker and his achievements consistently far exceed the position's objectives." Later while at ACC Charles went to work on a special inmate work crew created by then Assistant Warden Mr. Jack Lee to complete special projects such as building retaining walls, segregation recreation cages, VCE loading dock, kitchen loading dock, concrete drains, and hanging fences with razor wire, painting housing units using the firetruck boom, replacing tiles in the showers, and many other projects. He completed more biblical courses while there and was a model citizen.

Charles did receive two disciplinary actions: 1). 2/7/1995 - 213 - Failure To Follow Count Rules - Reprimand (he said he did not hear the officer announce count because he was asleep). 2). 3/14/1995 - 224 - Possession of Contraband - Reprimand. Since it was his first time in prison, he innocently bought a calculator from another inmate which violated policy. 

*KEEN MOUNTAIN CORRECTIONAL CENTER

Charles completed many more biblical courses while there and received his first job as a temporary concrete worker installing a sidewalk around the recreation yard. He signed up and completed the masonry vocational program on March 30, 1998 and his supervisor Mr. Shrader liked his work ethics so much he hired him as a masonry tutor and was assigned special institutional projects to complete like the sign "Welcome to Keen Mountain Correctional Center" and the circular brick structures in front of the KMCC support building. Mr. Shrader noted in his performance review that he was an excellent worker and his achievements exceeded objectives and that he continued to improve his skills. His major job responsibilities were to assist in the daily operation of the Masonry Class. On February 8, 1999, Charles completed CustodialMaintenance Vocational trade. 

Charles received five DISCIPLINARY ACTIONS while there. 1) 1/2/1997 Commit Fraud By Mail/Phone - 2 Days in Isolation. The mail room staff opened his outgoing mail which had numerous letters sealed in envelopes all in one manilla envelope so his sister could mail the letters for him because lacked money for stamps. 2) 9/20/1997 Failure To Follow Count Rules - 30 Day Commissary Loss. (Charles did not hear officer announce count time). 3) 2/1/1999 Possession of Contraband - 30 Days Commissary Loss, suspended for 120 days of good behavior. Involved wire my cell mate used on Christmas tree lights. He did not want to lose his good time because of the charge so he told Officer it was Charles's even though it was found on his cell mates bed. 4) 3/7/1999 Possession of Contraband - 15 Days Lost Good Time. Officer charged him for rubber bands, paper clips and a highlighter. 5). 3/1/2000 - 201 - Disobeying Direct Order - 30 Day Telephone Loss. An inmate had been requesting an Emergency Grievance and he told the rookie officer but he never took it upstairs to the inmate so Charles got it and gave it to the inmate. The rookie officer was angry and wrote the charge.

*SUSSEX ONE STATE PRISON

Charles was hired April 22, 2002 in his unit for Housekeeping. He cleaned the showers which is a job not every inmate wants. While he was there Charles received the following certificates:

1). 2/6/2001 - Associate of Biblical Studies

2). 3/6/2001 - Graduate of Biblical Studies

3). 3/28/2001 - Bachelor of Biblical Studies

4). 5/1/2001 - Master of Biblical Studies

5). 5/2/2001 - Dr. Robert L. Johnston wrote the following letter.

"Charles has been a student with the PMI Center for Biblical Studies only since September 2000 and has already completed five academic years of study. His work habits are well disciplined, with a positive attitude and a steadfast commitment... I can say unequivocally that Charles E. Zellers, Sr. is one of our top students." 

He had no infractions.

*SUSSEX TWO STATE PRISON

Charles worked as pod laundry man and completed many biblical courses, a money management course, a fathers course, the Productive Citizenship Program, a history course, a seventeen-week substance abuse psycho-educational program, and an exercise and relaxation course in 2004. No infractions.

*AUGUSTA CORRRECTIONAL CENTER (2nd time here)

Charles was hired to work in the kitchen. In less than a month he was promoted to lead man in the tray room where he supervised other inmates. On 9/29/2004 he completed the Breaking Barriers Program. He continued going to church and completed more biblical courses. No infractions.

*BUCKINGHAM CORRECTIONAL CENTER

Charles started working a pod Houseman and then in the Virginia Correctional Enterprise Sheet Metal Shop. He started in janitorial then relocated to the Drawer Section where he was promoted to supervisor.

On March 2005 he completed the Captivities Course, on July 29, 2005 he completed the Sex Offender Program Action Committee (SOPAC), on 10/2/2007 he received the Preventing Sexual Abuse and Sexual Assault Training Class Documentation and on August 17, 2011 he completed the Preventing Recidivism by Educating for Parole Success (P.R.E.P.S.).

Charles also completed biblical courses here and continued to be a model inmate with the lowest Class Level Assignment one can get.

From 1995 to 2002 Charles also worked continuously on his family history tree. He has since learned a lot about Microsoft Applications and has proposed a program for inmate education using Microsoft tablets.

*ZELLERS PAROLE TURNDOWNS

04/22/2005 - Decision Not to Grant Parole - Helen F. Fahey

Serious nature and circumstances of crime

05/05/2006 - Decision Not to Grant Parole - Helen F. Fahey

Serious nature and circumstances of crime

07/06/2007 - Decision Not to Grant Parole - Helen F. Fahey

Serious nature and circumstances of crime

06/18/2008 - Decision Not to Grant Parole - Helen F. Fahey

Serious nature and circumstances of crime

Defer case for 3 years

04/26/2011 - Decision Not to Grant Parole - William W. Muse

Serious nature and circumstances of offense

Crimes committed

Release at this time would diminish seriousness of crime

Risk to the community

Defer for 3 years

07/08/2014 - Decision to Not Grant parole - Karen D. Brown

Release at this time would diminish seriousness of crime

The Board considers you to be a risk to the community.

Serious nature and circumstances of your offense(s).

The Board concludes that you should serve more of your sentence prior to release on parole.

05/14/2015 - Decision to Not Grant parole - Karen D. Brown

Release at this time would diminish seriousness of crime

Crimes committed

Serious nature and circumstances of your offense(s).

The Board concludes that you should serve more of your sentence prior to release on parole.

We Are All Sex Offenders

Jesus with the woman caught in adultery

Most of us will likely avoid ever having our names listed on the National Sex Offender Registry, but virtually none of us is without sin in this area. Whether in word, deed or in X-rated imagination, we have compiled our own record of secret (or not so secret) wrongdoing we'd rather not have exposed.

And we are not alone. In the Bible, even the patriarch Abraham shamelessly lies about Sarai being his wife and makes her available to another man in order to save his own life. His nephew Lot offers his virgin daughters in the same inexcusable way.

King David is guilty of both voyeurism and outright adultery with Bathsheba, then arranges to have her husband die undefended in battle in order to cover up his reprehensible behavior. And both he and his heir to the throne, King Solomon, used their power to gain and to dominate multiple wives and mistresses. These are dark and troubling stories.

The other side of the Biblical narrative is about God's mercy and forgiveness. Thank God that whenever there is genuine repentance there is also amazing grace, grace not only to erase sexual and other sins sins from our record but to keep us from repeating them.

Our legal system is seldom so forgiving, and in the case of offenders not turning away from their wrongdoing, it shouldn't be.

But can people committing even sexual wrongdoing get the help they need to experience genuine change? Does the 19 year-old who has sex with an underage 15 year-old girl friend need to be branded a terrible person for the rest of his life? Must everyone who sexually misuses or abuses another be forever considered unable to return to some kind of normal life if they do everything necessary to become transformed into decent human beings?

Or are sexual sins in a category totally different from others, out of the reach of God' grace and others' help?

I vote for grace, but not cheap grace. I support forgiveness, but not forgiveness as in "let's pretend this never happened". True forgiveness is God's kind of response to a demonstration of a 180 degree about face and a commitment to strict and ongoing accountability, one that insures that everyone is safe, including the former perpetrator.

If that is never possible, there is no hope for any of us.