It’s The Holiday Season… In Prison

We are smack dab in the middle of the holiday season. You can’t turn on the TV, listen to the radio, or go into any store without being reminded of this fact.

Occasionally, when I’m talking to Daniel Wozniak I will mention something fun I’m doing with my family, like going Christmas tree shopping, and then I immediately feel a little bad. I assume it must be so depressing to be reminded of the holidays when you are incarcerated.

Last year at this time, Daniel was being found guilty by a jury of his peers, and the topic of Christmas wasn’t in the forefront.

But this year is his first Christmas on death row, and he is living pretty far away from his family and friends. It’s also the first holiday season since Daniel’s father passed away.

This situation would get anyone down, and I was worried about my friend. I asked Daniel if it was OK for me to even broach the topic of how he is feeling around this time of the year, and he said he was fine with that. I told him I would come up with some questions so I could “interview” him during our next phone call.

The first thing I asked about was Daniel’s first Christmas incarcerated. I’ll be honest with you guys, I was expecting a tale of woe about the difficulties of that first year locked up at the Orange County Jail.

Nope.

Daniel’s First Christmas At The Orange County Jail

Daniel cheerfully told me about how he, “Raphly, and Doug” preceded to make a “little spread” for the other 28 inmates on their tier during their dayroom time. They made bowls of soup (ramen), with beans and Cheetos and crumbled up Sun Chips for the topping. The guards let them pass the food out to everyone in their cells. Daniel got to have a Christmas show on the television during food prep (the Jim Carey Grinch movie), and Ralphy led the tier in a song and then said a prayer.

I could tell by his voice that Daniel is still moved by the memory of making sure everyone on his tier got a good meal on Christmas.

That first Christmas wasn’t sad. Why, that first Christmas sounded glad.  

Making food for his fellow inmates became a tradition he continued each Christmas at the Orange County Jail. Leave it to Daniel (Mr. Glass Half Full) to manage to have fond memories of Christmas at County.

Daniel’s First Christmas On San Quentin’s Death Row

I asked Daniel about the general atmosphere behind bars during these weeks leading up to Christmas. For the most part, the inmates just ignore the holidays. As opposed to the OC Jail, at least San Quentin has special visiting days on holidays (even when the holiday doesn’t land on a regular visiting day). Other than that, it’s just like any other time of the year.

I can’t imagine trying to block out the holidays when every other television commercial shows a new car with a bow on it, or people baking pies, or children on Christmas morning happily playing with their recently unwrapped toys.

I guess when you’re incarcerated, you do your best to block out that sort of thing. For most of the inmates, the best part of the holidays is getting a good meal (traditional holiday fare) and watching football on Thanksgiving and basketball on Christmas.

At the OC Jail, there was one TV for each tier. Located in the day room, it wasn’t visible from all the cells.

When Daniel talked about “watching” football and basketball, that often meant just listening to the games and relying on the person in the dayroom to keep everyone else updated on the score.

This year he’s most pleased to have his own TV inside his cell. See, aside from football and basketball, Daniel really enjoys Christmas movies and specials, whereas most of the OC Jail prisoners had no interest in watching Rudolph the Red Nosed Reindeer.

I have numerous programs I need to watch every year or else it doesn’t feel like Christmas. They are (in no particular order):

  • A Christmas Story
  • Rudolph the Red Nosed Reindeer
  • It’s a Wonderful Life
  • Elf
  • Miracle of 34th Street
  • Home Alone (only the first one)
  • The Year without a Santa Claus
  • The Grinch (animated – I do not need to watch that Jim Carey movie)
  • Santa Claus is Coming to Town
  • Frosty the Snowman
  • The Santa Clause (only the first one).

 And two that aren’t for the whole family: 

  • An Always Sunny Christmas
  • The Trailer Park Boys Christmas Special.

This year Daniel has already watched Rudolph, The Grinch, Frosty, and his favorite Christmas movie, It’s a Wonderful Life.

What Daniel Misses

Of course, Daniel misses being with his family.

He spoke fondly of how they would pick up his grandma on Christmas eve and go to “vigil” at five o’clock (a vigil is a Catholic mass held on the evening before the event being celebrated. Mass on Christmas Eve would be the Christmas Vigil mass). Then they’d visit various aunt’s and uncle’s houses to eat and socialize, and end the night with midnight mass. When the family got home, he and his two brothers would each get to open one present.

Daniel’s mom visited him on Thanksgiving Day and will visit again over Christmas.

I just got approved to visit, so I’ll be doing that early in the new year.

Despite Daniel’s ability to put on a happy face, I asked him to tell me a tradition he misses about Christmas on the outside.

He told me about setting up little “villages” all around his house every year. The family custom started at his aunt’s and grandma’s houses. That is where Daniel apprenticed in the art of setting up these elaborate displays of moving parts, twinkling lights and snowy landscapes. He told me he got a kick out of people enjoying the moving ice skaters and miniature scenes of children waiting in line to see Santa.

Daniel seems to be doing fine, though. He’s been behind bars for seven Christmases now, and he’s used to it.

Perspective

The Herr and Kibuishi families have had seven Christmases without Sam and Julie. I’m sure they are not used to it, and never will be.

Every year I unpack ornaments my kids made when they were little; photos of them in Santa hats (and missing front teeth) that are glued into snowman picture frames. I smile when I pull the ornaments out of the box and reminisce about those Christmases years ago. Sometimes I even tear up a little. My kids are safe and sound. I have them.

When you get right down to it, Daniel’s family still has him, even if he is in San Quentin. Daniel can still celebrate the holidays with friends (even if they are also murderers). Sam’s and Julie’s families don’t get that luxury. They only have memories of Christmases past.

Home Sweet Home

Daniel Wozniak has been at San Quentin State Prison for over a month now and I know many of my readers have questions about how he’s settling in on death row.

For the first couple of weeks, Daniel was in the SHU. That’s the Special Handling Unit, where prisoners are sent when they have gotten into some type of behavior trouble in their regular housing unit. Apparently, San Quentin also uses the SHU as a holding unit for incoming prisoners.

When I read about that in Daniel’s first letter from DR (death row), I was concerned for his welfare. San Quentin seemed intimidating enough without being placed in the most dangerous “time-out” area in California.

It turned out this only meant Daniel would be unable to make phone calls or have visits until he’d been processed into one of the regular DR housing units.

I can imagine that taking away a prisoner’s phone and visiting privileges would be a genuine punishment, but I had imagined something scarier. Think Daryl on The Walking Dead being held prisoner by Negan and the Saviors.

The truth is, the living conditions at the Orange County Jail are a lot worse than even the SHU at San Quentin. I think that is the case with most prisons in California. They are all better living environments than county jails because they are designed for long term stays.

Daniel was in the OC Jail for six and a half years. That place was designed for people to stay months, not years. So for him, SQ is a big improvement. He’s been institutionalized for so long that within a week he was making a makeshift clothes drying line for his cell (using melted and re-shaped bar soap to stick homemade thread to a flat cement wall).

Jail MacGyver?

Living Conditions On Death Row

Daniel wrote me that the food in SQ is miles above and beyond the cuisine available at the Orange County Jail. It is higher quality and the portions are plentiful. The expression “three hots and a cot” is fairly accurate. He’s brought a hot breakfast and the fixings for his lunch in the morning. Then there is another hot meal served at dinner. So two “hots,” and a cold.

As far as the “cot” goes, Daniel is a lot happier with his bed now, too. It’s no Posturepedic, but compared to the “yoga mat” thin mattresses at the county jail, it’s an improvement.

For the first time in years, now that he’s in prison Daniel gets to enjoy the “great outdoors.” He got sunburned during the first week because he hadn’t been in the sun for so long. He also told me about still choosing to take his yard time one day, even though it was pouring rain. He thought he’d be the only prisoner willing to stand in the rain for hours (once they go out, they have to stay out the entire duration of yard time), but many inmates still chose getting soaked to being a cell.

I can’t say I blame them.

Daniel was moved to his assigned cell early in November and he was able to use the telephone again. He sounded the same as always. Chatty, funny, and filled with interesting stories. He’s pleased because he has access to both the extensive law library and the well-stocked regular library.

Today we talked about a “Critical Thinking” class he attended.  The topic of discussion was the Dunning-Kruger Effect  , which is basically when people think they are a lot smarter than they actually are.

He told me about working out in the yard while “Highway to the Danger Zone” and other 80s classics were played over a loud speaker. He played Chinese checkers with another inmate and a psychiatrist. Since arriving at San Quentin, he got a physical and visited the dentist. He’s also been to therapy.

Does all this mean that it’s a treat to be sentenced to death row in California? No. Of course not. But Daniel Wozniak was already institutionalized long before he arrived on DR.

There is no way I would trade my life for Daniel’s. Sure, I don’t like traffic on the freeway. I’m not a fan of waiting in line at the grocery store. Paying bills is no treat, and my email box is always filled with junk.

But if facing the day to day minutiae is what makes it possible to be with my family and have control over my own life, I’ll choose that over being kept in a cage any day.

The meditation and focused breathing class he attended this afternoon sounded kind of cool,  though.

Daniel wishes he could go back in time and undo the horrible things he did. However, it isn’t because he feels sorry for himself in any way. So many people’s lives have been destroyed because of his selfishness and stupidity, and he does live with that guilt every day.

Sam Herr and Julie Kibuishi don’t get to eat three meals a day. They don’t get a good night’s sleep. They don’t get to read books or listen to music. They can’t take classes or work out or play Chinese checkers. They’ll never feel the sun or rain again. Sam and Julie can’t send letters to their family and friends. They won’t get any phone calls or visits.

Sam Herr and Julie Kibuishi had their lives stolen from them, and the two of them were stolen from their loved ones.

California 2016 Death Penalty Propositions

On November 9, California voted on two death penalty related propositions:

Proposition 62 was to repeal the death penalty and replace it with life imprisonment without possibility of parole. It lost with 54% of the vote.

Proposition 66 was to change procedures governing state court challenges to death sentences.

It won by 51% of the vote.

Daniel Wozniak’s life won’t be changed much with these election results…at least not for now. It does show that California isn’t quite ready to give up the option of capital punishment.

I don’t agree with the death penalty, but I understand why someone might feel that Daniel’s current living environment isn’t quite enough of a punishment for what he did.