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Authors: Howard Marks

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I was taken to a fairly clean and mercifully unoccupied cell, which contained the usual fixtures and fittings: steel bed, frayed and stained mattress, continuously flashing neon light, and a filthy, malfunctioning WC and washbasin. It had been an exhausting day. The time was almost 10 p.m. I read and slept.

‘You’re in the jailhouse now,’ sang a tone-deaf Irish hack as he passed coffee, cereal, and other quasi-edibles through three-inch slits in the cell doors.

I knew it had to be 6 a.m. Breakfast in bed. If it wasn’t for time zones, well over a million American prison inmates would be consuming the same fare at the same time. It was cold.

*

Special Housing Units, euphemism for holes, were always deliberately maintained at discomforting temperatures in case one or more of the prisoners were there to be punished. One of the hole’s inmates was assigned the job of orderly. He came round and took the breakfast waste back through the slits. The orderly’s other official duties included keeping the areas outside the cells clean and supplying prisoners with toilet requisites. Unofficial duties, ‘hustles’ that he could maybe make some money from, included distribution of contraband (non-generic coffee, stamps, and cigarettes) and liaising between buyers and sellers of the same.

‘Got a stamp?’ I asked as he retrieved an empty box of raisin bran.

‘Maybe,’ he said, ‘but I’ll need two back.’

This was the standard prison loansharking rate for almost everything.

‘Give me two, and I’ll give you five back.’

He looked as if he trusted me and nodded assent.

The cells were patrolled every couple of hours. When anyone other than the orderly passed by, I banged the door and demanded to make a phone call, to contact my lawyer, to contact my family, and to contact the British Embassy. Chaplains (authorised to listen to prayers), psychiatrists (authorised to listen to everything else), and medical officers (authorised to distribute Tylenol) are required by law to make daily rounds of the hole. They cannot supply stamps or arrange phone calls, so one is kept insane, stressed, and in need of help from above. I would have to be patient. Now that there was no one to watch my bumbling attempts to rescue my body from ugly deterioration, I could resume my yoga and callisthenics. And I had my books. Someone would come sometime and let me make a call. The orderly would bring some stamps. Relax. There wasn’t long to go until I became free. What was Special Agent Craig Lovato of the Drug Enforcement Administration doing? Was I in the hole again because of him? Was he going
to be able to stop my release? He had ruined so much, so very, very much.

Craig Lovato’s ancestors were rich Spaniards. They emigrated to America from Spain about 250 years ago and were given 97,000 acres of what became New Mexico in a land grant from the Spanish throne. By the time Craig Lovato was born, his family had lost most of their fortune, and he had to work for a living. He missed both the Vietnam War and the Sixties movements which opposed it and joined the Las Vegas Sheriff’s Department as a deputy. He learned about street life as a patrolman and ‘goon squad’ officer chasing undesirables out of town, about dope as a narcotics detective, and about life and death as a homicide detective. In 1979, he yearned for a new way of life and joined the DEA.

The DEA has offices in sixty-seven of the world’s countries. It has more power than the KGB ever had. One of its offices is in the United States Embassy, Madrid. In August 1984, Craig Lovato went to work there. At the same time I was living in Palma peacefully carrying on my international drug-smuggling business. Lovato found out I was not only smuggling dope but actually enjoying it. God knows why, but this made him lose his marbles, and he has been hounding and persecuting me ever since.

The weather in Louisiana comprises rain, light or heavy, and thunder, loud or very loud. Although quite early in the evening, it suddenly got very dark, and a torrential downpour began. Four hours later, the rain was still tamping down. I went to sleep. In a few hours, I was woken by thunderclaps and observed about three inches of water on the floor. Strange creatures were swimming in the water, but I was too sleepy to be scared. I went back to sleep and was vaguely aware of the rain ceasing.

In the distance I heard, ‘You’re in the jailhouse now.’

I looked at the floor. The water had disappeared, and in its place was a writhing mass of hideous Louisiana insects: multicoloured spiders, grotesque underwater cockroaches,
large worms, and giant beetles. All my carefully cultured Buddhist beliefs on the sanctity of all life quickly evaporated, and I set about systematically murdering the creatures of the night by whacking them with my Chinese fairy slippers before accepting my breakfast. The corpses filled two empty cartons of raisin bran. The air-conditioning was on full. It was very cold. I did more yoga, callisthenics, and reading, but I couldn’t get my mind off the primitive life-forms. Did Tibetans really ensure they killed no insects when building their temples?

‘Put your hands behind your back and through the slit,’ ordered two hacks in unison from the other side of the cell door.

One of them was the Irish crooner. They slipped on the handcuffs. I retrieved my hands. It was now safe for the hacks to open the door.

‘The Immigration want to see you.’

This sounded good.

‘Can I wash, change, shit, shave, and shampoo?’

‘No, they want you now.’

The crooner and his buddy led me out into the blinding sun, across several yards of squelching swamp, and into a building labelled INS. I sat down. The handcuffs were removed.

I heard a voice in the background say, ‘Well, he was extradited, so is he going to be excluded, deported, repatriated, expelled, or permitted to depart voluntarily?’

Since at least 1982, I have been prohibited from entering the United States. I did not have a visa, and in order to gain entry when I was extradited in October 1989 I was paroled (a strange use of the word) by the United States Attorney General to satisfy the public’s interest in prosecuting, convicting, sentencing, and incarcerating me. Paroling is not entering, and I was not to be considered as having entered the United States despite having been conspicuously present here for well over five years. Legally, I was to be treated as
still just outside the border, and no decision regarding my deportability or excludability could be made until the reason for my being paroled into the United States no longer applied, i.e., until my release from incarceration. Given I was a felonious, criminal alien, I could not in any circumstances be allowed to walk the streets of the Land of the Free. Given I had not applied for entry, I could not be excluded. Given I had not entered in the way the law understood the meaning of the word, I could not be deported. Given I was soon to finish my sentence, I could not thereafter be held in prison.

I had read all the relevant law in the law library of United States Penitentiary, Terre Haute. As a consequence of the Sixth Amendment to the US Constitution, freedom of access to the courts had to be available to all prisoners. This was achieved by putting law books and typewriters in every prison and allowing prisoners to litigate to their hearts’ content. For years, articulating other prisoners’ legal presentations to the US courts had been my ‘hustle’. I had achieved a few successes and was quite a respected jailhouse lawyer, but I had no idea what on earth the Immigration authorities could or would do. I didn’t know of anyone else in the same position. I was very scared of law enforcement bureaucrats. Anything could happen. I could become a Cuban illegal.

‘Come in, Marks. Can you get a passport and pay for your own ticket? If so, you can avoid all court proceedings and leave the United States as soon as you finish your sentence on March 25th.’

What a very nice man.

‘Sign this, Marks.’

I had never signed anything so quickly. I read it later. I had waived all court proceedings provided I got my passport and ticket within thirty days. I knew Bob Gordon of the Chicago British Consulate had already sent an emergency passport, and there were plenty of family and friends prepared to pay for my ticket.

‘Get yourself an open, one-way, full-fare ticket from Houston to London on Continental 4.’

‘I’m in the hole and not allowed to make telephone calls,’ I said, ‘and I can’t get any stamps.’

‘Don’t worry. I’ll speak to the lieutenant of the hole. Your phone calls will save the United States Government several thousand dollars. He’ll agree. Ask for him when you get back.’

Since when were these people into saving money?

‘Will you please take some passport photos?’ I asked. Maybe the ones I’d sent Bob Gordon wouldn’t be suitable. Spares would always be handy.

Armed with photographs and a signed waiver form and feeling happier than I had for a good few days, I was handcuffed and marched back to the hole. I was greeted by the lieutenant.

‘Listen up, British. I don’t give a motherfucking fuck what those motherfuckers at Immigration said. I run this mother-fucking place, not them. This is my motherfucking hole. You get one motherfucking call a week, and your first will be next Sunday. On Monday, you can ask the counsellor to give you some stamps. I’m not authorised to. Now fuck off.’

Angry and frustrated, but not really surprised, I returned to my cell. The orderly gave me a couple of stamps. I wrote to the consul.

After another two days of yoga, meditation, and callisthenics, I again heard from the other side of the door, ‘Put your hands behind your back and through the slit.’

‘Where am I going?’

‘Oakdale Two.’

‘Where am I now?’

‘Oakdale One.’

‘What’s the difference?’

‘Oakdale Two is run by Immigration. That’s where you’ll be deported from.’

This news made me feel on top of the world. There were
still two weeks of my sentence to go. Were they trying to get me out of the country as soon as possible?

I was halfway through being handcuffed when the foul-mouthed lieutenant came tearing along, yelling, ‘Put that motherfucker back in his motherfucking cell. The Warden’s Executive Assistant wants him.’

After a few minutes I spotted a human eye at the door’s spyhole.

‘Some journalists from an English newspaper want to interview you. Yes or no?’ barked the Warden’s Executive Assistant.

‘Oh! No!’

How did they know I was here? Did they know I was about to be released? If they knew, who else knew? Would there be an international storm of protest from the DEA, Her Majesty’s Customs and Excise, Scotland Yard, and all the other law enforcement agencies that had struggled so hard to get me locked up for the rest of my life? The Warden’s Executive Assistant pushed a piece of paper under the door.

‘Sign this. It states you refuse to be interviewed.’

I signed. I had to keep a low profile, but I felt bad about it. On the whole, journalists had written sympathetically about my incarceration in America. Their sympathy, however, might galvanise the authorities into preventing my release. I couldn’t risk it. I slid the paper back under the door. Footsteps receded.

Two sets of footsteps returned.

‘Put your hands behind your back and through the slit.’

Handcuffed and chained, I was dumped in a holding cell for six hours, taken to a van, and driven by two hacks sporting automatic rifles to another prison a hundred yards away. There I was dumped in another holding cell for a further four hours, but this time I shared it with eight other dumpees: an Egyptian, a Ghanaian, four Mexicans, and two Hondurans. The Ghanaian and the Hondurans were ecstatic. Never again would they have to endure the brutality
of the United States Justice system. The Egyptian and the Mexicans were subdued, as each had been deported from the United States at least once before and had re-entered illegally. It was a way of life. Cross the border, get an illegal job, get busted, spend a few weeks, months or years getting fit and fed while incarcerated at the American taxpayer’s expense, get deported, and start the cycle all over again. I’d forgotten. Most people don’t want to leave America.

‘What’s it like here?’ I asked my fellow criminal aliens.

‘Just like any other federal joint,’ replied one of the Mexicans.

‘I thought this was run by Immigration,’ I protested.

‘No, it’s run by the Bureau of Prisons. You’re lucky if you see an Immigration Officer. It’s just another joint, man.’

Handcuffs were removed, dozens of forms filled in, photographs and fingerprints taken, medical examination given, body and orifices searched, prison clothes issued, and cell assigned. My roommate was a Pakistani, fighting deportation by seeking political asylum. There were almost a thousand inmates of all nationalities: Nigerians, Jamaicans, Nepalese, Pakistanis, Chinese, Indians, Sri Lankans, Vietnamese, Filipinos, Laotians, Spaniards, Italians, Israelis, Palestinians, Egyptians, Canadians, Central and South Americans. Most were convicted dope offenders and spent all their free time discussing future dope deals. ‘We’re not bringing any more stuff to this country’ was often voiced. ‘Europe and Canada are where it’s at. They don’t give you much time if you’re busted. They’re not all snitches like Americans.’

Many deals were hatched. Many, I’m sure, will come to fruition.

The Mexican was also right about the difficulty in seeing an Immigration Officer. I tried relentlessly. We were able to phone, so I called the British Consul.

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