I try to give him as much information as possible. Four years ago, he asked about Senate Bill 260. The following year, the unthinkable happened for him when Senate Bill 261 passed. Ben is a lifer, he committed a crime when he was 19 years old. That was over 20 years ago. When SB 261 passed, instead of another decade or so, he was headed to the parole board within a year.
Six months prior to his parole board hearing, another unthinkable happened. Ben was caught with a cell phone. From the outside looking in, for Ben getting caught with a cell phone was unbelievable. The guys around him couldn’t believe he would “do something so stupid” especially months away from the most important interview of his life. Ben received a five year denial at the parole board. Cell phones are illegal contraband in prison. Because of the crimes we’ve committed, prison administrations want to monitor and control all of our contact to the outside world. Prison officials understand that cell phones could be used for good or harm and it is their responsibility to protect the public from any further potential threat.
After his five year denial, Ben walked around here depressed, isolated, and I didn’t experience too many funny debates about sports anymore. One thing did remain however, Ben continued to ask me incessantly about legislative changes. I couldn’t understand why. I felt like he had his chance already when SB 261 passed. Every time we’d cross each other’s path, he would stop and ask me “What’s new!? Anything change?!” A lot was happening and I would try to inform him. I updated him about Assembly Bill 1276, Assembly Bill 1308, Prop 57, Senate Bill 1437, all new laws affecting other men inside. Though he was not affected by these new laws, it felt like Ben used those changes as pieces of hope for himself.
Within a year of Ben’s five year denial, he was caught with yet, another cell phone. The men around here felt like “he doesn’t want to go home” or that he was a “dumb ass.” Ben walked around here what seemed to me as shameful, and some guys who were further along in their journey talked behind his back about his “stupidity.”
I think about Ben and others like him here. I know he’s not “stupid.” I see Ben as respectful, funny, and remorseful for his crime. He cooks for friends and offers people the little that he has. Ben is not a “violent” person, is not involved in gangs, doesn’t have “anger issues” nor is he addicted to drugs. Ben’s addiction is cell phones.
Lately I’ve been thinking about this “addiction.” People who use cell phones in prison not only talk to their families, they may text, use social media and surf the internet. They can check Facebook, Instagram, search on Google and watch YouTube videos. The connection they seek can go beyond family to a bigger and wider linkage into the world. For Ben, I wonder if he is truly addicted to the phone itself, like the material object, or is it deeper than that? What are Ben’s needs? Human needs? What “addiction” is he trying to soothe? I believe the cell phone habit is an addiction to connection, or simply, a deep intense need to feel and express love to his family and to perhaps feel connected to the world at large. Unfortunately, he chose to do it illegally and it cost him a chance at freedom.
In prison, there are a few ways for us to communicate with our families and loved ones. We write hand written letters which take about three days for our families to receive. It takes about two or three weeks (sometimes more) for our family’s letter responses to reach us due to administrative security clearances. Another way to have contact with family and loved ones is through the visiting room. Those visits take place on Saturdays and Sundays from about 8:00 am to 2:00 pm. We also get visits on certain holidays such as Thanksgiving, Christmas, New Years and interestingly, 4th of July. Recently lifers were returned the right to a family visit, where we can spend 72 hours with our immediate family in a small “apartment” isolated, but on prison grounds. The other way to talk to family is through a 15 minute collect call a day. I get to call one person where I’m allowed 15 minutes to have a relationship. In my experience, it has been difficult to develop or further sustain a relationship with my sisters and mother in that amount of time. I believe Ben shared similar struggles.
In 2009, when I was in a maximum security prison in Corcoran, I too was caught with a cell phone. I was well aware that cell phones were illegal contraband. It was wrong and I knew it was wrong. However, at that time, my need to be connected with my family mattered to me more than the consequences. I felt depressed and distant, physically and emotionally from my sisters. I was able to call them at a comfortable time and spend hours with them on the phone. I was a consistent presence in their lives. I actually got to know my sisters. I’ve had a distant relationship with my mother my entire life. In 2009, I was the closest to my mom I’ve ever been. We were able to talk in length, openly and most importantly, we had time to mend, build, develop and further sustain our severed mother/son relationship. We shared secrets and talked honestly about our interpretations of prior experiences with each other. We had ample time to converse, process, and heal. It was amazing and for the first time in our lives, my sisters, mother and I were actually happy. After being caught in 2009, I gave up using cell phones. Unfortunately and honestly, though we love each other and are there for each other, the closeness in the relationship with my family has grown distant.
I thoroughly understand what Ben, others and myself did was wrong. We broke prison rules, lied, covered up, and selfishly placed our needs above making amends for the people we’ve harmed. Cell phones are illegal contraband in prison and they come into the prison illegally. The phones get distributed through the prison’s black market. I understand that by participating in usage of cell phones, I am also participating in criminal activity. So I am not advocating for usage of illegal cell phones. But what I am encouraging is maybe, legal use of cell phones. Or, perhaps a more caring, affordable system for incarcerated people to communicate with their families. After all, isn’t establishment of love the essence of rehabilitation?
Photo Credit: 94.3 WSC
Adnan Khan is the Executive Director and co-founder of Re:Store Justice which he co-founded while incarcerated. Adnan was sentenced to 25 years to life under the Felony/Murder rule at the age of 18. While in prison, he inspired, launched and worked on the Felony/Murder rule legislation (Senate Bill 1437) with his organization, Re:Store Justice. The bill passed and after serving 16 years, in January 2019, Adnan was the first person re-sentenced under the bill he helped create. In addition, during his incarceration, he created FIRSTWATCH, a media filmmaking project produced entirely by incarcerated people at San Quentin State Prison that still produces short films today. His sentence was also commuted by Governor Jerry Brown in December 2018 before he left office. He is an Art for Justice Fellow
Today, he continues his advocacy work nationally.