Jun
28

"Bad" Books In Connecticut Prisons?

Books for prisoners is an issue I care deeply about. It is not simply that I own a used bookstore, and therefore have an interest in feeding an addiction to words. No, the issue is more fundamental. Reading and a sense of spiritual freedom go hand in hand. Epictetus may have been a slave, but words set him free. I've met prisoners transformed by what they read. Above the door to my bookstore is a simple sign: "Set Yourself Free."

An unusual hearing will take place tomorrow in a Connecticut courtroom about the reading habits of one prisoner, Steven Hayes, a defendant now facing the death penalty for his role in the slaughter of all but one member of the Petit family in Cheshire, Connecticut, during the summer of 2007. The case has become legendary across the nation. Hayes and a co-defendant burst into the home of a prominent physician in the dead of night. They beat the doctor senseless, then terrorized his wife and daughters, eventually raping and murdering them by setting the house afire. The physician escaped.

The jury has been selected in the Hayes case and evidence will begin in September. Both sides are now engaged in what lawyers call motion practice, an effort to determine, before the jury ever sets foot in a courtroom, just what can and cannot be shown to the jury.

Hayes' lawyers have moved to prevent the state from offering evidence of what Hayes was reading while incarcerated in the Department of Corrections on an unrelated crime. The press reports the defense wants to keep jurors from reading "criminally malevolent" books while incarcerated at the Cheshire Correctional Institution.

What, pray tell, is a criminally malevolent book? Is that sort of like a homicidal gun? Books don't commit crimes; people do.

I worry that this motion and the attendant publicity will fan something like increased censorship in the prisons. It is already difficult to get reading material to prisoners. Jailers worried about contraband will not let folks bring books to prison, for fear of what might be secreted in the binding. Try delivering a copy of the Oxford English Dictionary to some half-wit and watch what happens. You can pack a lot of smack in the bindings of that multi volume set. You must have new books sent directly from a publisher. My efforts to send used books to the prison have failed.

But a dictionary changed Malcolm X's life while incarcerated. He read it cover to cover and was empowered with the words he discovered and made his own. Words are liquid fire, setting aflame souls tha will burn for good or ill.

I've know about this motion in the Hayes case for awhile, although I have yet to see a copy of it, so I've had time to consider what book or books the state may seek to offer as evidence. Somehow I doubt there are volumes on how to burn a house to the ground or tie a child to a bed. Prison officials are literate enough to catch those.

My prime title is Truman Capote's In Cold Blood, the story of the slaughter of a Kansas farm family in, as I recall, the 1950s. This is a piece of brilliant writing that transforms horror into mesmerizing prose. Did Hayes read that work and decide his deeds could do better?

The defense believes that permitting the admission of these books into evidence is more prejudicial than probative. In other words, this evidence will anger the jury such that a fair and dispassionate verdict cannot be rendered. I doubt that is the case. The state must prove first that Hayes committed the crime. If it succeeds at that, it then proceeds to a penalty phase where it may seek to prove that Hayes acted in an especially cruel, heinous or depraved manner. If Hayes was reading up on notorious crimes trying to figure out how he could best the masters of sadism in sheer horror, I think a jury is entitled to hear that.

Last week, the defense also filed a motion to close the court during argument on these motions, lest jurors hear of the doings. That motion, too, should be denied. The jury has not been sequestered in this case. They are, rightly or not, presumed to follow the court's instruction to avoid publicity. Closing the court so that no one knows about this hearing conflicts with the public's First Amendment right to know just what is going on in our courts, and, apparently, in our prisons.

There are no such things as bad books. But there are bad men. Treating books like radioactive evil to be sequestered and hidden is bad jurisprudence. Hayes was a reader. So be it. He may well be a vicious killer too. We may well punish him for his acts without depriving him and others imprisoned the right to read widely and well. The world presents choices for us all. Putting blinders on those in need of light will not help them to see any better. It will merely empower a censor.

Related topics: Cheshire Homicide
Comments (5)
Posted on July 1, 2010 at 7:51 pm by Katharine Weber
I, for one, am very curious to know what Hayes was...
I, for one, am very curious to know what Hayes was reading when he was in jail for a previous crime. The Desperate Hours has a number of elements eerily close to the events in Cheshire, though the family in that novel lived and the criminals died.

Posted on June 29, 2010 at 4:46 am by William Doriss
There are no bad books, only bad bookies. Bad book...
There are no bad books, only bad bookies. Bad bookies go to prison, where they SHOULD be denied access to their books. All other prisoners SHALL be required to read good books all day long until they cry for their mommas. Bookmarks permitted, but not sharp ones.

Those needing eyeglasses, report to the infirmary.

It would be interesting to see if the State could 'go by the book', but that will have to be determined by the Attorney General. A decision is pending and will be announced at a forthcoming press conference, with a public library as backdrop.

CLANG!

Posted on June 28, 2010 at 7:09 pm by Lee Stonum
Mirriam--I guess it depends who you are trying to ...
Mirriam--I guess it depends who you are trying to convince with the argument. If I'm the audience, Malcolm X is a pretty great example of someone who transformed himself from petty hustler to legendary leader of an entire people largely in part because of his in-custody readings.

Posted on June 28, 2010 at 4:52 pm by Marcus L. Schantz
How is what he was reading relevant? A bit of a st...
How is what he was reading relevant? A bit of a stretch in my opinion.

Posted on June 28, 2010 at 6:14 am by mirriam
Do you think that using Malcom X as an example is ...
Do you think that using Malcom X as an example is a good argument for letting people read books in prison? I think not. There are books they don't even want free people to read lest we get too worked up over things like rights and liberty.
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About Norm Pattis

Norm Pattis is a Connecticut based trial lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials, many resulting in acquittals for people charged with serious crimes, multi-million dollar civil rights and discrimination verdicts, and scores of cases favorably settled.

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I believe that the state is a necessary fiction and that failing to combat it is the first step toward tyranny.
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