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 Supreme
Court to rule on mother/child love
By Chuck Armsbury, Senior Editor
Yraida Guanipa picked up a package for a friend
one day in 1996 and was subsequently indicted for drug conspiracy.
She chose to go to trial, was convicted, received a 12-year sentence.
The Miami Federal judge refused to let her serve her time in
a local lockup, and soon she was transferred to a Federal prison
in Tallahassee far from her two young sons, Yrwil Jesus (now
11) and Jeswil Jose (now 10). Yraida never dreamed that her punishment
for the 'crime' of picking up a package for a friend would mean
separation from her two loving and loved sons for years.
Yraida would also have never imagined the
barriers thrown up to keep her from the boys, and on the day
she made the decision to fight for the love of her sons she said
to herself, "There is no wall that a mother-child love can
not scale." She began a campaign for mothers in prison.
She wrote everyone, anyone, and her first response came from
a very lonely, sad father on Texas' death row who supported her
campaign and understood her pain.
 Since 1996 she has diligently pursued administrative
remedies to no avail. All her formal requests through 'channels'
were ignored or denied. On November 29, 1999 she decided to go
on a 'hunger strike'. Guards placed her in a SHU cell for observation
with no water. On her 10th day without food or water her health
failed, and she was rushed to a hospital for three days, and
then back to SHU for 32 more days. When she was released to Coleman
Camp (FL), she learned with deep satisfaction that the Terrell
Unit in Texas (death row) had been on a solidarity hunger strike
with her.
Not only has this exceptional person completed
many, many rehabilitation programs during her confinement, it
now seems she has surpassed her own remarkable achievements.
November Coalition spoke with Yraida in mid-September and learned:
- The US Supreme Court has granted her petition
for writ of certiorari (Guanipa v. Gregory Parks, Warden,
et al., No. 00-5657). She had a hearing before the highest
court on September 25th, 2000 on the single issue: Is the bond
between a (prisoner) mother and her child a frivolous matter
(as lower courts have already ruled)? Readers may realize that
granting certiorari to any petitioner is rare, prisoner or not
- Yraida did this on her own, pro se, with English her second
language - a rare rarity indeed.
- The US Circuit Court has docketed seven different
actions on appeal from Yraida.
- The US District Court of her case's jurisdiction
has granted her habeas motion under Sec. 2255 challenging her
sentence on 78 different grounds.
- The Warden at FCI Tallahassee has agreed
to transfer her to a camp in Miami where she can more readily
be able to see her two sons. However, as the Razor Wire goes
to press, it seems this move is on hold because the Warden of
the only Miami Federal facility available has not approved the
transfer to her prison.
Yraida corresponds regularly with Senators
and Congresspeople. Former Illinois Senator, Paul Simon, has
talked by telephone with her. The venerable Sen. Strom Thurmond
of South Carolina wrote her a sweet, supportive letter recently,
and so did Sen. Jesse Helms.
November Coalition, as well as FAMM and other
organizations, are named in the Petition for Writ of Certiorari
as interested parties. It was too late for the Coalition to respond
in this matter by September, but no doubt we'll be covering the
outcome when the Justices' decision is rendered and published.
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