The Real Home Stretch

NOTE: This post was written on 9/18/2020 and received on 9/28/2020

Hey Everyone, I’m on the real home stretch now, with less than 30 days to go. Thank you all so very much for keeping me sane, healthy & engaged this past year! It’s been truly amazing to experience first hand and gives me hope for a future that, let’s face it, often looks pretty bleak, despite whatever opportunities it may afford us.

I’ll be out on October 16th and partying the next day. In the meantime, I’m gonna keep doing what I’ve been doing and finish responding to your letters. This site should be up for a year after my release and I’ll definitely have a post-release update for you. Thanks again so much for everything. See you soon!

P.S. It was great running down the walls with you!


Running Down the Walls — and the Clock

NOTE: This update was written on 8/21/2020 and received on 8/27/2020

Hey everyone, less than 60 days to go now. I just wanna say THANK YOU to everyone who has helped me make it this far by supporting me with letters, books, visits, donations, and trying to get me out of here when it really seemed like we had a shot. It has made and continues to make all the difference—even now, I’m still getting mail from new people! And though it may be disappointing that I wasn’t actually release early, even after being approved, it isn’t unexpected. I, personally, was a little bummed when it didn’t pan out, but not crushed. More than anything, I was awed and humbled by the sheer number of people who cam out of the woodwork to show solidarity, and the amount of work you all put in. So thank you! You’re awesome!

I’ll be running ABC’s 5K political prisoner benefit Running Down the Walls on September 6. Will write again shortly after that. Take care out there!

Winding Down

NOTE: This update was written on 7/19/2020 and received on 7/23/2020

Home stretch — 90 days to go! It felt really good to get down into the double digits on 7/10, and now I’m finally into the final quarter. I’m staying busy and still have more books than anyone can reasonably be expected to read in 3 months but that’s a good problem to have. It seems that stuff is still kinda crazy out there — please stay safe, everybody!


Progress Update

More than 23 done now and less that 4 months to go. Things are OK for the time being, it seems, tho we still can’t social distance and those of us whose sentences stretch into the fall and beyond, like myself, are worried about a second wave. Taking it day by day, not unlike many of you I’m sure. Stay safe out there!


Still Here

NOTE: This update was written on 5/13/2020 and received on 5/20/2020

Hey Everyone, still here. Most sentenced inmates were released the last week of March, but there are still 150 of us on the island, in addition to the 4000 detainees. Our dorm was much less crowded for a little while, but DOC has been moving lots of us into one crowded dorm again in the past couple weeks. There are about 30 of us now so it’s impossible to social distance again. Most of the surfaces people touch in the public areas of the building are never sanitized, and only about half of DOC staff are wearing masks. They gave us all knockoff 400 game-in-1 Gameboys, though, so we should be fine.

I’ve been told I’ve been approved for release to home confinement with an ankle monitor but it’s been over a month and there’s been no news, or even any indication of when there might be news. Supposedly the Mayor’s Office of Criminal Justice and the DOC are working on it. It would be great if they actually were, and I know people on the outside are working to keep the pressure up (thank you !), but for my own peace of mind, I’ve turned my focus back to October. I’m over the hump now — only 5 months to go! Still getting & lovoing your mail, just behind on responding to it because things have been kinda crazy in here. Take care out there!


COVID-19 Update

NOTE: This update was written on 3/23/2020 and received on 3/27/2020

Hey everyone,

Hope you’re staying safe & sane out there! Things have gotten hectic in here. As public health officials, including the current and former top doctors for DOC [Department of Corrections], and even COs, off the record, will tell you — the DOC cannot possible prevent or contain this outbreak without taking immediate steps to drastically reduce the inmate population. They are very slowly releasing people, but not nearly enough, and not nearly fast enough. They almost NEVER provide us with sufficient or appropriate cleaning supplies. They post signs advising us to stay 6 feet apart and then move even more people into an already crowded 48-bed dorm, including people, as we later found out, who had been tested for coronavirus in their previous housing unit. The DOC moved them into our dorm before their test results came back. Less than 24 hours later they were moved out because their results were positive. Captains and Deputy Wardens give us the usual lies, non-answers and obfuscations. Yesterday, my dorm and the dorm across the hall carried out a 24-hour meal and work strike to protest these conditions and to demand the immediate release of all inmates 50 and older, all inmates with chronic health issues, all parole violators, and all inmates with less than a year remaining, as recommended by the Board of Corrections itself. In response, DOC provided us with cleaning supplies, PPE, and promised regular screenings — but these are things they should have been doing for weeks anyway.

This is a huge problem for incarcerated folx, of course, but it’s also a public health issue. If the virus continues to spread in here, it will serve as a resevior for the disease to reinfect the community, outside through COs and other staff, who come and go everyday, and inmates returning home, long after the curve is flattened outside.

Other than that I’m holing up OK. Trying to to say busy & stay healthy.


Post-Birthday Update

Thanks for all the birthday wishes! I’ve been flooded with cards and letters wishing me a happy birthday for the past week, and it’s been really awesome to get so much support.

You know what else is awesome? Punk shows. Especially when they’re for your post-release fund. I’m so humbled and overwhelmed with joy and gratitude. Events like this are super-important, not only to support people in my position, but to bring our community closer together, strengthen our movement. I hear it was a really great time and included dancing rabbis, among other things. Many thanks to the organizers, everyone who attended, and all the bands that played. I can’t wait to check out your music when I get out!

If I can just ask one thing, it’s that you please not make a hero of me. Please continue to give me the love and support you’ve been so great about giving this far — I can definitely use it — but let it be from a place of mutual aid, from a place that recalls that I’m just a dude who got caught. “Hero” doesn’t sounds like a fun position to be in, and in all seriousness, if you put me in it, you’ll be sorely disappointed. Just seems like a good time to say that.

Hitting the ⅓ mark a few days after my birthday and looking forward to it. Staying busy reading, writing and translating.

Thanks again for everything! See you soon!


Happy New Year

Update: Despite the qualifications in this message, David will be able to respond to all letters. He’s got more time on his hands so please write to him!

Hey Everyone,

Happy belated New Year! I’m still doing OK in here, and rounding the first corner on my time right about now — 1/16/20 is exactly 9 months before my release.

They moved us out of EMTC, the only facility for sentenced inmates on Rikers, on 1/7/20. Despite the fact that we moved literally across the street to RNDC (C-74), the process took over 12 hours, well over half of which was spent in holding cells with no food and no working toilets, or handcuffed together in the back of a bus. So that was fun.

RNDC is better by some measures, and I’m starting to settle into a new routine here, which is great because that’s what makes the time fly. The main drawback is that this facility is used to house adolescent detainees, not solely sentenced inmates like EMTC. Some of these kids are likely to do long stretches upstate, and looking to make a name for themselves within the prison system. They often don’t have the same incentive to behave as folx who are going home soon, and we’re mixed in with them in the visiting waiting area and on the visiting floor. I haven’t had any problems and I don’t plan to, but it’s an extra source of stress for those of us sentenced inmates who get visits. It’s also probably illegal (it’s definitely illegal for them to house us together), but of course the DOC does what it wants.

I was able to stay on top of my mail and actually respond to everyone who included a return address up until about Christmas. I’ve had so much love pouring in it’s impossible for me to respond to it all! I’ll write back as much as I can, but if you don’t get a response, please forgive me. Please keep it coming! Every letter I receive brings a smile to my face — and as a bonus, I can use it to line my paper-thin mattress. And THANK YOU to everyone who’s taken the time to drop me a line. It’s been really humbling and helps keep me sane.

I’m still staying safe and staying busy. My new schedule in RNDC seems to allow me more time to work on writing and translation, so I’m trying to take advantage of that.

Take care out there. See you soon!


Gang Assault Law Statement

As this legal quagmire has dragged on and on and slowly calcified into a felony plea deal with jail time, the people who know me best, those closest to me—family, friends, partners, coworkers, roommates—who know I have no prior convictions, who know I am an engaged member of my community, who know I am not a danger to anyone, have asked me one question, time and time again:

How could it possibly come to this?

More than anything else, the gang assault charge was the deciding factor in my case.

The gang assault charge was passed in 1996 when NYC was undergoing a series of crackdowns and “clean-ups” by Giuliani. Although it is a statewide law, enacted by the legislature, it reflects perfectly the iron-fisted tone of the Giuliani era. It has an extraordinarily low standard of evidence—any time three or more people are engaged in a fight with one or more people, those three people are legally a gang—and a very stiff mandatory minimum (3.5 years). What’s more, the previous applications of the gang assault law have established a legal precedent that heavily favors the state. The prosecution, as established by jurisprudence, has no obligation to prove that the “gang members” are affiliated in any way, know each other, or even share the same intention, only that they were acting “in concert”. This means that basically, any time three or more people are engaged in a fight on the same side, they are legally a gang, legally responsible for each other’s actions, and liable to spend 3.5 years or more in prison.

I was not originally charged with gang assault. When officer Adam Keegan of the 1st precinct, shield #3588, assaulted me and broke my leg on January 20, 2018, he proceeded to allege, to the media and in his own police report, that I had stalked and strangled the alleged victim (or placed him in a chokehold, or punched him once, or punched him repeatedly, depending on the version) and then tried to place him in a chokehold, refusing several orders to leave the poor man alone and put my hands behind my back. I was so resistant, he claimed, this this feat ultimately required the efforts of both himself and his partner. I weight 165lbs, officer Keegan is well over 200 at a glance. He probably fabricated the story in large part to protect himself—he had not identified himself as an officer, but rather charged at me from behind without a word—as he could suffer disciplinary action for attacking me this way and breaking my leg. Keegan repeated his claim to the right-wing media, which seized upon it as proof that antifa terrorists were trying to kill every red-blooded white male who’d had the audacity to vote for Trump.

The surveillance camera footage showed nothing of the sort. When it became available to the prosecution, and then the defense, about 6 months after my arrest, it showed no stalking, choking, chokeholding, assaulting an officer, or resisting arrest. It showed 6-8 people in black with their faces covered slowly trickling around a corner, past a man in a suit who they pay no attention to. Then 5-6 men in suits come up the street in the opposite direction. Some people start shoving—it’s impossible to tell who shoves first—and then throwing punches. The man in the suit comes back around the corner and charges into the brawl. It spills across the sidewalk, into the street, and then calms down for a minute, with a few men in suits circling around the center. The violence then erupts again into punches and shoves. A man in a suit falls off the curb onto the concrete, and hits his head, hard. It’s impossible to tell if he trips or is pushed. What happens next is more clear: four people in black swarm the man and begin stomping and kicking him. I pass through this mêlée at some point and move backwards up the hill. It’s impossible to tell that it’s me, but what happens next allows anyone to identify me by playing the footage backwards and tracing my movements through it. As I back up the hill, away from the fight, a man in a suit attacks me. I kick him once. A police officer slowly strolls around the corner, unconcerned and clearly unaware of the fight on the other side. The man attacking me tries to punch someone next to me. I take advantage of this and kick him again. The cop does a double take, seeing the brawl, and charges right at the closest black-clad person to him: me. He throws an arm around my shoulders and neck from behind, lifts me clear off the ground, and slams me to the pavement. I do not move. His partner walks onto the scene a moment later. The gentleman who was injured is knocked out cold, face-down on the pavement. Partisans from both sides gaggle around the scene for the next 20 minutes. Despite the “gang” nature of my charges, the cops do not arrest a single person from either side besides myself.

When the DA received the footage, my initial charges of strangulation and obstruction of oxygen (strangely, two different crimes in New York) were dropped, and replaced with gang assault and assault. Keegan’s lies, while criminal and deplorable, did not directly impact the final sentence. The gang assault law is so vague, and has been determined by previous cases to so heavily favor the prosecution, that I could have been convicted of it just by being present during the brawl. But his lies set up an important precedent for the handling of my case: I was a dangerous radical, and had to be physically restrained from assaulting others purely because of political differences. First impressions, unfortunately, matter. The narrative stuck. The judge, when I accepted the plea, even asked me, “and you assaulted this man because of differences in political opinion?” I had not, in fact, assaulted anyone purely because of a difference in political opinion. I found a discreet way to reply truthfully without derailing the plea deal. The New York Post, gleefully reporting on my copping to felony assault and an 18-month sentence, wrote that I had pleaded guilty to choking the man. Having little inside experience with either the New York judges or New York Post reporters, I was a bit surprised to find that laziness in research is a common feature of both. In retrospect, I must have been a bit naive to expect any better. People believe what they want to believe, and the more complicated, the more upsetting the truth is, the more they shrink from it, settling into their fantasies.

Lastly, the power of the prosecution as structured in the US legal system is grossly undemocratic, with little room for any input by those affected, or oversight on their behalf. The prosecutor decides what charges and how many to bring, and how actively to pursue them. They decide whether to charge the defendant with a misdemeanor or a felony, and whether it’s one felony or two, and whether they want to scare you with a felony charge into taking a misdemeanor plea, or whether they want to actually pursue a felony charge, and force you to plea to that. The prosecution could easily have charged me with disorderly conduct—a violation, less than a misdemeanor—and sentenced me to a week of community service, like they did for the Proud Boys arrested in similar circumstances on the Upper East Side ten months later. But, my lawyers explained, I was the only one arrested in my case. I was all the DA had, and they watched the news. They read the papers. They’d heard about Charlottesville and Berkeley and Portland, and they wanted none of that here.

This was the first time there had been a similar arrest in New York, and they needed to get a lid on politicized street violence, now. Make an example of both the far-right and far-left, subpoena Trump’s taxes, smile for the cameras, and call it a day. The Proud Boys shot themselves in the foot—the ones that weren’t given sweetheart plea deals, anyway. Two of them, Jon Kinsman and Maxwell Hare, turned down better offers than I was ever made—they were offered 12 months, serving 8, despite much clearer video evidence of them actually viciously assaulting people on the ground, a discrepancy the Manhattan DA has still not explained because they simply don’t have to. They went to trial, and lost on gang assault charges. They’ll spend four years upstate, and then five on parole. The far-right goons brawling in the street have been made an example of. Now, to make an example of a far-left goon. I look around. There’s no one here but me.

It is sheer damage mitigation for me to do this time. It’s not my time, and it’s not justice. The bastards have got me. But the bastards won’t have the last laugh. As a matter of fact, I’m looking forward to it in many respects. It isn’t often you get to live rent-free and eliminate all distractions, all complications in your life. I love to read, I love to write. Reflection, meditation, exercise—sounds like the kind of stuff people pay good money for. I’m far from an optimist, but it’s funny sometimes how life forces you to see the good in things.

So how could it come to this? Without sounding like I’m trying to pass the blame onto others (after all, I made a choice to go out to that protest, and not to leave the violence once it broke out), it’s a bit of a perfect shitstorm. A vague law with a stiff mandatory minimum, a cop covering for his illegal assault, a bad first impression complete with media coverage, and a hungry prosecutor with too much institutional power in a time of great political instability. It’s complicated, but it’s certainly not justice. Somehow, despite all my efforts and those of my very-competent lawyers, it has, in fact, come to this.