Psychotherapist Kenneth KoymApproved MFT Supervisor, State Bar MCLE & TEA School Board CE Trainer

9704 Monarch Lane, Austin TX 78724-5840

http://amiu.edu, http://dialoguemakers.org, Tel: (512).215-4798

Email: koym@dialoguemakers.org

 

March 28, 2007[1]

Hon. Joe Lieberman, Chair

Committee on Homeland Security   T 202.224.2627 F 202.228.3792

U.S. Senate
Washington, DC 20510

 

Re: To Investigate wrongful use of torture, rape or deportations fostered in private prisons/Detention Centers for profit

 

Dear Mr. Lieberman:

 

Having just visited seven private prisons for profit, I urge urgent needs exist to investigate exigent depressive human rights violations, lack of appropriate medical care, effective legal counsel, sanitary living conditions; wrongful use of coercion and repression, or fostering fear of rape and minimal education for minors in languages native to detainees; especially for minors, parents, grandparents detained at International Emergency Shelter (I.E.S.) Los Fresnos TX [100 boys; 60 girls] T. Don Hutto Jail Residential Center, Taylor TX [211 minors; 300 adults] Cameron County and Brooks County Jail & Detention Centers; East Hidalgo Detention Center; Raymondville Willacy County Immigrant Detention Center; San Diego TX Corrections Center; and other centers noted herein.

 

Through insensitivities; deprivations; taunting, torture and other abuses in Haskell’s Rolling Plains Detention Center and other private prisons, unconscionable acts occur. I and my fellow visitors demand instant cross-the-board inquiries of fat cow operations. Emerald Correctional Management Corp runs Rolling Plains Regional Jail & Detention Center for Homeland Security and Immigration and Customs Enforcement (ICE). Governor Perry accepted a $10,000 CCA private prison contribution in 2006; is that why ECMC leased the Jail in his hometown? North Lake Community College honor grads/refugees Suzi Hazahza (see photo) Mirvat (who worked as a north Texas local insurance agent) after fleeing Jordan are jailed there. Suzi is clinically depressed with unattended medical needs; they arose being taunted, harassed, paraded and violated by guards between November 06 and today. Why did ICE staffers do full-body cavity checks on her? Considering Suzi, a Jordanian refugee intended to marry Fiancée Reza (a US citizen), a Dallas Federal Court Writ failed to free Suzi per 8 USC Sec 1209 (an 1809 law of this Body) though she's a refugee from Jordan which won't receive her back. Media and vigil leaders seeking relief for college honors refugees were harassed by road closers to a duly pre-publication of a march on this facility, protesting failures to follow federal law or give medical attention. Said failures include help not given by J T Chambers MD Emerald Company Corp medical director of Scott, Louisiana or a competent Haskell Jail Registered Nurse (RN) & Prison Rape Manual reporting was not done.

 

As the Homeland Security Committee, some who praise jobs brought to towns in rural America you know they detain refugees and young persons (granted immigrant rights in 1808). But as Federal Judge Sparks ruled 3-22-07, afford them at least equal rights, due process, effective counsel etc. granted even to hard core felons as “when arrested or they enter a detention center they have no proven criminal or civil court histories”. But such humans are kept for profit by private prison company personnel known to slap, goad, coerce, holler at, and taunt them in cells, prison garb, and behind razor wire walls. My interviews with Native American children similarly detained from 1942-1945, now over 68-78 years of age show fears and coercion affects instilled at youth do not subside after six or seven decades. Considering the horrors instilled in Taylor and Los Fresnos, Texas and Leesport, Pa, the US government’s role today is a shame. More shameful, decades back I watched my then Congressman Lamar Smith initiate heinous provisions in INS Reform Act – a product of his Sub Committee[2]. He rolled back centuries of precedence, contrary to Franklin D. Roosevelt reminder: "Remember, remember always, that all of us, and you and I especially, are descended from immigrants. . .” Eye sores like these bring despair to hearts and minds of citizens aware of aliens and refugees not solely family, friends and coworkers. Prejudicial gaffs by any who promulgate police state activities afforded by for-profit prison management companies that are allowed to keep humans must reexamine the costs that such insensitivity brings or that or hate group perpetrations; and, legislation is needed to overcome such pig faced audacity.

 

However, I am afraid like many who use prejudice to get elected Federal Legislators and others have sat by as principled State & Federal laws, 19 Texas Education & Administration Codes and Neeley, et al were set aside to get detention facilities up and running. I’ve witnessed immigrants be gaffed too often amidst campaigns. I examined Rep Smith’s Sub-Committee outputs as I wrote Children’s rights & deportations: A call for justice and despaired how he used anger and prejudice to make immigration illegal; and laying ground work for acts of law beating up on aliens wanting jobs to help family members and country men survive, bringing a scourge on our Nation. I take responsibility for being quiet before and ask that the blemished image forced on us, be investigated so what was done, is rolled back considering the unconscionable premises found in ICE laws. Far too long hate groups and fascists have used prejudice to gain political points for being harsh. That must cease! Again I urge fat cow prisons in Texas and all across the USA must be closed and the multi-billion dollar building plan for more be stopped just like prejudice that caused lynching after lynching between 1810 - 1965. And fat cow contributions recipients must return them. Find lists at http://query.nictusa.com/cgi-bin/can_detail/HZTX31044/ and //opensecrets.org/contrib..asp?State-TN&Year=2006.

 

Promises made by the Debate Coach for Cheney in the Cheney-Lieberman Vice-Presidential election and point man for Senator Frist, appointed as a Commissioner to the Prison Rape Elimination Law of 2003 after he - Gustavus A. Puryear IV JD after becoming General Counsel & Secretary of the Corrections Corporation of America (CCA) makes him a probable source of gaining past, present and future contracts. CCA has about 30,000 bodies in its US private prisons for profit and that CCA has private international prisons in six foreign countries. Puryear assured the CCA Board of Directors including Mr. Don Hutto a CCA founder that he "would prevent law suits against CCA and if filed, which he with his many connections would insure no one prevailed.” Best that a political appointee neither make such promises nor flaunt his connections in such a regard as the Prison Rape Elimination Act of 2003 - 42 USC Sec 15601 et seq the National Prison Rape Elimination Commission is obligated to study Federal, State, and local government policies and practices respect to prevention, detection and punishment of prison sexual assaults and not to assure that future CCA contracts are issued to or held forever by the world’s largest private prison operator.

 

While kids are detained unequal treatment exists contrary to Supreme Court ruling in Brown; conditions are not equal. It took vigils and activists in Taylor Texas T Don Hutto Residential Center to increase schooling from one hour to seven hours but this does not speak to fascism used to invent detentions and deprivations. To curb the latter I urge that citizens be met face to face in town hall meetings and in the Legislature. T Don Hutto’s School director Jean Bellinger told me “We're doing our best here,” but what teachers cannot overcome is stench that’s blemished the US’s image plus the distaste that mishandling the law making process brings. The political process must undergo house cleaning right along with implementations thereof; i.e., US Public Law 94-142 demands bilingual and other general and special student “inmates” needs must not be deprived. T. Don Hutto teachers do not understand, speak or use languages nor address special 94-142 demands found in this Residential Center. Correctional Corp of America gets $2,810,000 monthly; but perpetration of a fascist Williamson County image around the world runs the costs far higher. Lutheran adoption services report: Immigrant Families in Detention www.womenscommission.org, New York Times 2-7-07, http://portland.indymedia.org/en/2007/02/354006.shtml “Child Prisoners in Texas”; the BBC and the Texas Civil Rights Review http://texascivilrightsreview.org speak to this. Though CCA released pregnant Mrs. Ibraheim, mother of five and 7 months along via a writ on grounds she could not receive proper Ob-Gyn care, the ACLU and UT Law School Immigration Clinic clinical professor Barbara Hines filed 10 Federal Court petitions March 6, 2007 on behalf of kids detained there, which Fed Judge Sparks ruled on Ibid. Hines says “these students are depressed and considering the conditions they should be.” I do not agree with Congressman John Carter’s characterization that “the facility is providing a humane and safe alternative to the catch-and-release” policy. Considering I was married 42 years ago a few blocks from T Don Hutto Center, I can say “Rep. Carter’s District is depicted as a bed rock of fascism. Addressing such, an Alabama Federal Court class action Bivens plea against ICE and Homeland Security who wrongly rounded up US citizens rather than immigrants shows disdain for ugly irregularities committed. The fling was made by the Southern Poverty Law Center on behalf of US citizens wrongly included in the round up by vicious government officers.

 

In February, my Office asked Texas Education Commissioner Shirley Neeley EdD to adhere to ethical principles and not to violate 19 Texas Administrative Code (TAC) Part II, Federal Public Laws or Brown v. Board of Education, 347 U.S. 483 (1954). This demand includes High School Diploma and GED authority granted to Haskell’s Emerald Corrections Center coned by Immigration and Customs Enforcement (ICE) and Homeland Security administrators. The latter did their coning under a non-reviewable fourth branch of government contract and perhaps with help by esteemed US Senatorial Districts. Not right. [See Flores v. Meese, 681 F Supp 665 (1988)[3]; 42 USC Sec 15601 prison rape; Neeley v. West Orange Cove ISD et & Alvarado ISD v. Neeley et & Edgewood ISD v. Neeley et al, 107 SW3rd 558 (Tex Sup Crt No. 04-1144, 11-02-05); Bivens vs. Six Unknown Named Agents, 403 U.S. 388 (1971). As a psychotherapist and TEA approved school board member trainer, I see this fascist activity as an unconscionable threat to US security not vice versa. Accordingly, I move for a Congressional investigation, i.e., one witnessed by myself and other competent mental health professionals having direct knowledge of torture methods implemented at Guatanamo Bay, Abu Graib and other “secret” prisons, which followed rules written by General Miller per DOD Secretary Rumsfeld directions. A commission appointed by this Honorable Committee must assure no torture methods is used on persons committed to any Texas, Pennsylvania, Louisiana or other private detention centers or Homeland Security endorsed schools with detainees present or being evaluated by the Dept of Health Human Services; and, that commission should be empowered to prevent any inmates from being rushed to another private prison when Wardens surmise they will be reviewed by Congressional accountability investigators.

 

This general call is for hate groups and misguided fascists to stop their unconstitutional practices in accord with Morissette v. U.S., 246, 263 (1952) defining torture; 18 US Code 2340-2340A prohibiting harsh and inhumane acts against children, mothers, fathers or Grand Parents; Yick Wo v. Hopkins, 118 US 356, finding a State law or city ordinance that is fair on its face but “applied with a heavy hand or evil eye” and discriminated against a class making it unconstitutional; English Common law; Codes of Ethics for Judges, Attorneys; Psychologists; Marriage & Family Therapists; Mental Health Counselors; Teachers; Nurses; Medical Doctors; and School Board members; Powell v. Alabama, 287 US 435 (1932); Brown v. Board of Education, 347 U.S. 483 (1954) mandating equality in education; USA v. Abraham Jacob Alkhaba aka: Jake Baker, 1997 FED App. 0036P (6th Cir.) File Name: 97a0036p.06 No. 95-1797, (depriving freedom from detainees under 18 USC Sec. 875(c); minors shall not be seized from their from homes; prevented from wearing their own clothes; enjoined from playing with others at their own will and never be tortured, slapped or smirked at for having wanted to sit by their parents. http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=6th/970036p.html.

 

Moreover, I have comments on two more private Texas prison debacles:

On Feb 26, 2007 I learned from the Warden, apprehensions in South Texas - Raymondville Tent Prison for Detainees had increased so rapidly it exceeded Homeland Security & ICE’s capability to meet rudimentary necessities; but he expected in months with money from the US Congress, this could be overcome. I possess pictures showing with me present on 3-25-07, this Warden and his Staff are obstinate to lawyers, medical doctors, mental health counselors, and business administrators and do not wish to improve their performance. I disagree and submit such for profit private prisons should be shut down in the face of these realities.

 

Lastly, I am personally acquainted with a person victimized in a 2000 family violence in Ft Bend County and tell you about it because harmful administrative acts committed by private prisons operated as per government contracts, led to improper turmoil. A State District Judge sent the perpetrator to a private prison at a San Diego, Texas Unit. The Unit used incompetent methods to rehab the perpetrator who committed other victimizations. It also stopped family members or advocates for the 20-year old from being able to attend mediation sessions sought between the victim and perpetrator. I watched how private prisons under the guise of being a treatment facility and the inadequate perform rendered, all because of secretly invented procedure not found in publicly run institutions. When mediation settlement hearings were requested, sessions were denied; and, today the relatively minor conflict amounts to a protracted family wreckage which the Victim Violence Assistance program of Ft Bend County won't address. As a result of its ill will, the Nixon Texas Corrections Center was shut down but no remedy occurred regarding the case I testify about.

 

There are equal difficulties in the latter private prisons as compared to the gulag atmosphere found in Taylor, Los Fresnos and Haskell. [See ACLU, Texas United for Families (TUFF) and UT Law Clinic filings and results. The 7-month pregnant Palestinian was released from the T Don Hutto Residential Center in mid February by Court Order. A newborn could have been jeopardized. This violation of human rights in the gulag is unbecoming. TEA School & Charter Board Member Trainers can't knowingly violate the Texas Education Administration Code regardless of administratively derived Homeland Security orders. They must follow constitutionally approved methods and tried and true Cardinal Principles of Education first laid down by Thomas Jefferson.

 

Keep me in the loop with regard to these Federal Inquiries on behalf of citizens of Texas and 28 countries represented at the Rolling Plains Regional Jail & Detention Center and T Don Hutto Residential Center where insufficient teachers speak the home tongues of the students forced to endure. On these subjects, kindly invite me to visit and let’s dialogue. I have written Mr. Lloyd Doggett my Congressman but my Texas birthrights force me to demand Town Hall meetings, Congressional investigations and corrective legislation regarding unconstitutional private prison contracts and practices. So, let us meet with consular officers and ambassadors of the countries represented so the rights of so many are respected in accord with international treaties and the model UN Children's Rights Charter.

 

Sincerely,

 

 

Kenneth Koym, Marriage & Family Therapist 2646, NPI 17706645426 & Forensic Investigator

 

Stare Decisi - Precedence

 

Morissette v. U.S., 246, 263 (1952) defining torture; Title 18 US Code 2340-2340A prohibiting harsh and inhumane acts against children, mothers, fathers or Grand Parents; Flores v Meese; Yick Wo v. Hopkins, 118 US 356, finding a State law or city ordinance that is fair on its face but “applied with a heavy hand or evil eye” and discriminated against a class making it unconstitutional; English Common case law; Codes of Ethics for: Attorneys; Psychologists; Marriage & Family Therapists; Mental Health Counselors; Teachers; Nurses; Medical Doctors; and School Board members; Powell v. Alabama, 287 US 435 (1932); Brown v. Board of Education, 347 U.S. 483 (1954) mandating equality in education; Cardinal principles of education first laid out by Thomas Jefferson; USA v. Abraham Jacob Alkhaba aka: Jake Baker, 1997 FED App. 0036P (6th Cir.) File Name: 97a0036p.06 No. 95-1797, (depriving freedom from detainees under Title 18 USC Sec. 875(c); minors shall not be taken from their from home or be prevented from wearing their own clothes; prohibited from being able to join with others at their own will or to play as children nor tortured; See http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=6th/970036p.html

 

Kenneth Koym Resume

 

Texas Licensed Marriage & Family Therapist 2646 - a Psychotherapist Supervisor with forensic investigatory expertise in trauma and violence mediation; Trauma relief therapist, and Leads Perseverance - Family Strengthening Skills kick start groups.

·       All age, including youth and geriatric psychotherapist for US and other country citizens in Mexico, Central America and Taiwan and US 94-Present. Duties arose with individuals, groups and families.

·       Director: Dialogue-Producing Consortium–Non Governmental Organization – NGO [1977-present] & Approved Continuing Education trainer [1997-06] Approved by Texas Marriage & Family Therapists & Texas Education Agency. Formulates proposals, manages projects,

·       Develops study-abroad exchanges, travel-study options; conducts investigations; develops resources; develops & maintains Inter-American Educational Consortium formerly SAP-EAP Inc

·       NGO Director, Dialogue-Producing Consortium – http://dialoguemakers.org; agency formerly named Citizens Dispute Resolution Center 1982-2001 & Missing & Exploited Children of Texas 1982-93 San Antonio

·   Founder: American International University - Universidad Internacional de las Américas http://amiu.edu with School of Continuing Education approved in Texas, Mexico & US indigenous.

·     Mediator & Approved Texas-Mexico Professional Training Sponsor Approved Trainer 0154- Mexico Federal Secretary of Work & Labor Relations

·       Approved Trainer 2646 to 7/06 - Texas State Board for Marriage & Family Therapists

·       Texas Education Agency–School Board Member Trainer 05-060-B to 2/08

·       Approved Trainer # 1240 State Bar of Texas & ABA # 562 as MCLE provider

·       Registered Agent & Board Secretary for Inter-American Educational Consortium

·       Publisher Advocacy Services Press- ISBN 0925291 & Mediation News 1974-- Present

.   Retired Military Research Scientist

 

PUBLICATIONS: [Listing available] Latest books in Process:

·       Taiwan: Growing Entrepreneurs, Trade & Tourism - 2003, 2005

·       Surviving trauma in Guatemala: Peace Accord Challenges & Entrepreneurial Promises

·       2003

·       Children's rights & deportations: A Call for Justice! [Released September 2001, amidstupdate]

·       Addicts to easy money, violence & terrorism [Release December 2001, amidst update]

·       Programas de asistencia para estudiantes y empleados en contra dependencias a lasdrogas, alcohol, juegos y codicia [Amidst update]

Public Speaking:

·       Dallas TX Flagpole Park Public address "Condemning use of torture and war crimes",

·       10-24-04

·       Tainan County, Taiwan, “Let’s support East Asian and Western Hemisphere trade relations”5-15-03

·       Pointers for new ambassadors from Mexico, Mexico City Office - Migratory Affairs1-25-01

·       Deciding to Publish Electronically vs. in Print, Austin Hancock Center, 10-11-2000

·       Discussion – “Curso sobre las traumas,” Centro Medico-Guadalajara, September 2000

·       Discussion – “Siete cursos para la capacitaciónSecty of Labor-Guadalajara, 1/98-12/99

·       Divisional Needs-“Necesidades en Toastmasters”, Xalapa, Vera Cruz, Mexico 11-21-98

·       33 Prepared Discourses in Spanish -- Toastmasters, Guadalajara, Varied Topics 1995to 2000

·       Mexican Psychologists Association, Guadalajara, “Aiding Clients Unable to Pay” -1995

·       Spanish-American Psychologists Ass’n: San Jose, Costa Rica, “Results on Children”1992

·       Military Testing Association, Indianapolis, “Physical Demands in Jobs Research”



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[1] This letter found at http://dialoguemakers.org/SenateInquiry.htm

[2]    Following Smith's INS Reform Act, society got caught up in prejudices; 850 hate groups arose & ICE officers were caught wrongly rounding up US citizens.   

[3]     Flores pays Barrister and other fees for unaccompanied immigrant youth held in prison or correction facilities.