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May 8, 2005 - The Oakland Tribune (CA)

OpEd: Mother's Plea For Son Before It's Too Late

Inside Bay Area, CA

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I was horrified to read newspaper reports of Daniel Provencio, a brain-dead California prisoner who remained on a ventilator and feeding tube for a month and yet was shackled and guarded by correctional officers 24 hours a day. I prayed for his mother, Nancy, who was granted only limited visits under a guards watch. Her son was finally released just days before he passed. Nancy is not the only mother who has endured such cruelty.

My son, Steven Martinez, 36, was left paralyzed from the shoulders down after a violent attack in prison in 2001. A quadriplegic with no bladder or bowel control who can barely move his head, Steven requires 24-hour care and help with every basic human function to survive.

Since the accident, when my husband and I visit Steven we hide our devastation so that we don't cause our son more duress than he already experiences 24/7. We're allowed to see him only once a month, so we drive six hours each way for a two-hour visit under a guard's watch. His children are allowed to see him only once every three months, for a supervised, four-hour visit. We honestly don't know if they are punishing us, him or both.

Stevens condition is expensive and fragile, even under the best of conditions. But in prison he faces one catastrophe after another. The crisis that plagues the health care system of the California Department of Corrections (CDC) was highlighted in April at a hearing organized by Sen. Gloria Romero. At the hearing, CDC representatives admitted that the department lacks accountability and fails to attend to the most basic needs of people in prison.

Permanently medically incapacitated people in prison, such as my son, have constant needs and cannot advocate on their own behalf. They're especially vulnerable to abuse, and suffer immensely from lack of access s to standardized, adequate medical care. Following the hearing, a CDC top official said, "We have a health care system that either through neglect or poor care puts peoples lives in danger."

I know this first-hand. Because prison medical staff didn't turn Stevens body for pressure relief, he developed life-threatening bedsores that required five operations, a skin graft and six months in a rehabilitation center.

Like Daniel Provencio, Steven was shackled to a hospital bed and watched around the clock by guards earning overtime. These avoidable injuries cost California taxpayers $620,000, nearly half of which was paid to the guards.

A year ago, we contacted Justice Now, a human rights organization that advocates on behalf of terminally ill and medically incapacitated people in prison. They told us about other prisoners who are permanently unable to attend to their most basic daily needs without assistance, or who are permanently ventilator-dependent.

Justice Now worked on a bill last year that would have released permanently medically incapacitated people in California's prisons and save taxpayers millions of dollars annually. The bill was unopposed and passed through both houses with bipartisan support. Even the CDC agreed, stating, When the Director of Corrections determines that a medically incapacitated inmate does not pose a public safety threat, CDC believes it is appropriate for the sentencing court to consider the recall of the inmate's sentence.

But Gov. Arnold Schwarzenegger vetoed the bill. It must be due to misinformation. I truly believe in my heart that had the governor known about the horrific medical conditions endured by Steven and others like him, he would have passed the bill and they would be home by now.

I am willing to provide the care that Steven requires. I applied for Social Security and Medicare; he has been approved. The cost of Steven's care at home will be considerably lower than in prison, where health care is two to three times more expensive due to bureaucracy and guards' salaries.

We are not safe when we spend millions guarding people who cannot tend to their most basic daily needs, siphoning resources away from our communities. On this Mother's Day, I plead with Gov. Schwarzenegger to allow my son and others, in their irreversible and untreatable condition, to go home.

Permanently medically incapacitated people like Steven must be released from prison. Not just because their substandard care costs California taxpayers millions, but also because they, like my Steven, are human beings.

Norma Martinez writes for Pacific News Service and lives in San Diego. For more information, visit www.jnow.org.

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