Before the Civil War, Edgefield, South Carolina was an important center of pottery production. The wheels and kilns were operated largely by slaves, including one named Dave, who signed his pots. Indeed, Dave could read and write; he even inscribed poetry on some of his creations, including mournful lines about his family:
The potter had been bought and sold by a series of owners by then. He’d lost a leg, but his gifted hands won him local renown: His expert work with clay ensured he would be kept in the district known for its stoneware, even as his family was torn from him at auction.
Using a sharpened tool, he etched into the jar’s shoulder: “I wonder where is all my relation/Friendship to all—and every nation.” The potter then added his enslaver’s initials, the date, and, finally, his own name: “Dave.”
In that simple act, the man, long known as Dave the Potter, and later David Drake, was not only wondering about his lost family: He was committing an extraordinary act of defiance in pre-Civil War South Carolina, indelibly asserting his existence in an age that sought to obliterate the humanity of Black people.
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“The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blessed:
It blesseth him that gives and him that takes.”
—William Shakespeare, The Merchant of Venice
It was February 2019, and Mary Price had rarely seen her office so busy. A wiry woman in her sixties with shoulder-length straight hair, Price is general counsel at FAMM, a nonprofit organization in Washington, D.C. FAMM is an acronym for Families Against Mandatory Minimums, and in addition to opposing severe sentencing, the group broadly advocates for the fair treatment of people in prisons across the United States. FAMM had recently sent out an edition of its newsletter, which supporters knew as the “FAMM Gram.” The response from readers began as a trickle, then became overwhelming, and for good reason: The newsletter outlined historic changes to the U.S. government’s compassionate release process.
Since the mid-1980s, federal prisoners have been able to seek compassionate release for what the law deems “extraordinary and compelling reasons”—including old age, terminal illness, and severe disability—by requesting that the Bureau of Prisons file a motion on their behalf in court. The BOP, however, rejects almost every request it receives. In January 2018, the Department of Justice reported that the BOP had approved less than 10 percent of the compassionate release applications it received over the previous four years, allowing just 306 people to go home. (Within the same time frame, 81 prisoners died waiting for the BOP to respond at all.) The DOJ’s Office of the Inspector General called the process “poorly managed,” with “inconsistent and ad hoc implementation [that] has likely resulted in potentially eligible inmates not being considered for release.”
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For a long time, when the BOP denied a request, a prisoner had no recourse; the bureau’s decision was the final word. That changed in December 2018, following years of advocacy by FAMM and other groups, when Congress passed the First Step Act. Among other criminal-justice reforms, the law allowed a prisoner to file a motion for compassionate release directly with a federal judge if the BOP denied their request or didn’t respond to it within 30 days of receipt. FAMM was eager to share the news and connect eligible individuals with lawyers who could help them. Price knew the organization had to move quickly. “We were very concerned that people who were nearing the end of their lives or very sick would be going before judges without any help,” she said. “We couldn’t just leave these people on their own.”
FAMM’s newsletter was delivered to 40,000 incarcerated individuals via CorrLinks, the federal prison system’s email service. Price felt a thrill of anticipation—“a sense of stepping off into something that was unknown,” as she put it. She knew that sometimes a recipient would print a copy of the newsletter and pass it around the cellblock. Over days, then weeks, Price and her colleagues were inundated with hundreds of phone calls and emails from people seeking compassionate release or inquiring about the process for loved ones behind bars.
Amid the deluge, one inquiry stood out: It was written by a prisoner on behalf of someone else. The sender did not disclose his name. “I am writing this from the ‘Cancer’ floor of FMC Butner,” he wrote, referring to the Federal Medical Center in Butner, North Carolina. The five-story facility provides health care to some of America’s sickest male prisoners; it includes a psychiatric unit, a unit devoted to orthopedic surgery, and a cancer ward. “This is directed at the situation of another patient,” the sender wrote. “He is terminal and is unable to contact you directly.”
The sick man, R. Smith, had lung cancer. As Price later wrote in an article for the American Bar Association, he was in persistent pain and dependent on a feeding tube. With a prognosis of less than 12 months to live, and a sentence lasting much longer for distributing drugs, Smith applied to the BOP for compassionate release. But instead of going home, he was bound for FMC Butner’s hospice ward.
The anonymous person who contacted FAMM said that he had heard Smith crying to his family during a call on the ward pay phone. A longtime recipient of FAMM’s newsletter, the man knew that Smith might now have another way to seek compassionate release. With Smith’s permission, he was using Smith’s CorrLinks account. BOP policy forbade prisoners from using one another’s accounts, and the sender knew he risked punishment for doing so, which is why he left the message unsigned. He asked: Would FAMM consider helping Smith?
Smith’s case was exactly the kind Price had in mind when she drafted FAMM’s newsletter. FAMM connected Smith with an attorney, who began to prepare a legal motion. Meanwhile, according to Price, Smith got sicker. One of his lungs collapsed, and the man communicating with FAMM from inside Butner reported that Smith had been moved to an outside hospital better equipped to treat him. Smith’s lawyer couldn’t get updated information about his condition, but this wasn’t unusual: The BOP can be especially evasive about medical details near the end of a person’s life. “There’s no more cruel part of the BOP than this,” said a former federal defense attorney who spoke on condition of anonymity.
Smith’s lawyer filed an emergency motion in federal court for his release. The court then ordered the BOP to provide an account of Smith’s medical condition by that afternoon. The BOP didn’t meet the deadline, so the judge contacted Smith’s doctor directly. Upon learning how poorly Smith was doing, the judge ordered his release within ten days, as soon as appropriate transport could be arranged. No one could reach Smith in the hospital to deliver the news, so Price sent a message to the person at Butner working on his behalf. She hoped that he would find a way to tell Smith that he didn’t have to die behind bars.
Smith’s case was a turning point for FAMM’s work on compassionate release because it offered a blueprint for helping qualifying individuals. FAMM worked with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and the National Association of Criminal Defense Lawyers to expand the capacity of the Compassionate Release Clearinghouse, a newly created entity that recruited, trained, and supported lawyers representing sick or elderly prisoners requesting early release. In its first year, the Clearinghouse screened some 500 inquiries and placed more than 125 cases with lawyers.
Smith’s case also marked the start of a unique relationship. “Mr. Smith and his family are very lucky to have you in his corner,” Price wrote to the man who’d helped Smith. “We should all have friends like you.”
By then, Price knew the man’s name: Gary Settle. He was slow to tell her much about himself, but he continued to send CorrLinks messages to FAMM as he recruited more people at Butner for the Clearinghouse. In emails he sometimes used the moniker “P/H,” for “patient/helper,” in part to protect himself from BOP censure, and in part because he didn’t want to draw attention to himself. He felt that his personal story—including why he was serving 177 years in prison, along with his own cancer diagnosis—was beside the point.
Settle was born in 1966 in Hawthorne, California, a small city adjacent to South Central Los Angeles. His childhood had what he considered “storybook” elements: loving parents, a brother to horse around with, Little League games, family camping trips. In the summer his mother, Kay, took time off her waitressing job to drive the boys to the beach. Settle was bright—“so smart I could smack him,” Kay said. At age ten, he asked his mom for copies of Shakespeare’s plays, then named his cat Ophelia. “We weren’t rich in money, but we were happy, we had friends, there were always people over,” Settle wrote in a document he calls his “life story,” which he shared with me.
In time, Settle developed a rebellious streak. If Kay told him to stay within a few blocks of the house on his skateboard, he’d ride to busy areas downtown instead. When Settle was 13, his parents bought a farm in Ohio; his father thought the fresh air and country life would be good for the family. “We all had to learn on the fly all the farming tasks—feeding the cows, milking them and shoveling the other substances they produced by the wheelbarrow load,” Settle wrote. “If Green Acres hadn’t already been made, we would have had a great pilot.” It was a major transition for Settle: the unrelenting responsibility of farm work, the unfamiliarity of the local culture. His puka-shell necklace and faded Levi’s didn’t vibe with the rural Ohio style of bib overalls and John Deere hats.
Even so, he quickly made friends. He got into the habit of enlisting his buddies to help with household tasks. “Once, I told him he couldn’t go to a baseball game because he had to help with the chores,” Kay recalled, “and all of a sudden the whole team was weeding.” The town closest to his family’s farm had a single traffic light, two police officers, a barber shop, and “at least ten bars,” according to Settle. There was little to do, so he and his friends drank. Settle recalled being a happy drunk, outgoing and enthusiastic; he boasted that his charm was infectious.
Settle also liked to showboat—driving recklessly, hood surfing, doing motorcycle stunts. “I was not breaking any laws other than traffic ones,” he wrote. “Those I was shattering.” In fact, a juvenile court found him guilty of an offense when he was 17; the case records are sealed, but Settle said that the conviction stemmed from a fistfight he had with a man in his twenties. Looking back, he wondered whether spending his teenage years in a small town with few opportunities contributed to the course his life took.
In 1985, Settle got his high school sweetheart pregnant, and soon they married. At age 20, Settle had expenses and responsibilities, and he grew restless. When he heard about a gig with a construction company in Florida, he decided to move there with $400, two buddies, and no plan—he left his family behind for the time being. He and his friends arrived in time for spring break and blew all their money at Daytona. When Settle got a job, he had to sleep on a picnic table behind a church for a week, until he got his first paycheck.
Despite an inauspicious beginning in his new home, Settle worked hard, and he advanced from laborer to finisher and then to foreman. The construction company had contracts all over the Southeast, so Settle traveled, staying in motels. When the workday was over, he and his crew headed to strip clubs or hung out in bars.
Settle found a house big enough for his family; his wife gave birth to their son, Nathan, back in Ohio, then moved down to join him. In time Settle’s parents decided to relocate to Florida, too. Settle started his own construction company in Orange City, just north of Orlando. But for all that was changing, Settle still liked to spend his free time drinking with friends.
One day, after a few beers, he went to the drive-through window at a bank to deposit a check. He recognized the teller—she was a woman he knew from the local bar scene. “What do you want?” she asked with a smile. He replied, as a joke, “Give me all your money.” The woman bent out of sight and then reappeared holding a plastic container full of neatly stacked bills. “You mean this?” she asked, laughing.
A few weeks later, Settle ran into the woman at a bar, and she brought up their exchange at the bank, saying there had been $35,000 in the box. After their conversation, Settle couldn’t get the number out of his head. All that money, and so close he could have grabbed it.
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Sorry, cat people: According to some ecologists, your feline friends are terrible for the planet. And the problem is even worst with unowned cats, like those who cluster on one particular street in San Juan, Puerto Rico. But as Carrie Arnold unpacks in this essay, solutions are tough to come by.
Each year, cats collectively kill billions of birds, rodents, insects, reptiles and amphibians. They routinely make lists of the world’s worst invasive species. Free-ranging cats have been implicated in the extinction of Lyall’s wren in New Zealand and contributed to the extinction of 33 other species , and are considered a major threat to others, especially on an island like New Zealand — where birds, otherwise, have no natural land predators. To conservationists, it’s a major crisis.
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This essay is an interesting analysis of male friendship, set against the backdrop of a near-death canoeing experience. Nathan Munn’s vivid description of paddling rapids with his friend is sure to get your heart racing. A piece that manages to be both gripping, and thoughtful.
It wasn’t long before we both heard a deep rumbling. We stopped paddling and let the canoe drift in the current, wondering if we were hearing a highway nearby. After a moment, we realized it was the sound of the rapids ahead. I prickled with fear but we pressed on. A few minutes later we crossed a line of small red buoys that neither of us recognized as our last warning.
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You may not expect that a chain restaurant known for performative griddlework would inspire intense self-reflection, but that’s part of what makes Jaya Saxena’s piece about training to be a teppanyaki chef such a lovely surprise. Come for the onion volcano, stay for the many other layers Saxena peels back.
I think about the toll of that kind of performance and the burden of framing your culture primarily as “fun.” The menu that has barely strayed from steak and shrimp and fried rice. Spending all night slicing and dicing and flipping to applause, then reemerging into a world that values you only for your ability to conform to its preconceptions. Perhaps you think of yourself mainly in terms of how well you live up to others’ expectations, even if you never agreed to them, and fret about performing that role. Perhaps there’s barely room to think of what else you could — or want to — offer. Anyway, there is no show good enough to earn you acceptance. But still, you hope.
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Jana G. Pruden spent three days observing the Canadian Cheer National Championships in Niagara Falls, Ontario, and discovered that cheerleading no longer takes place on the sidelines. For some, it’s become the ultimate in team sport, requiring dedication, rigorous training, and a fairly high pain tolerance to excel.
The Canadian Cheer National Championships is the largest tournament in Canadian cheer. This year, 8,000 athletes journeyed from around the country to compete at Nationals, with at least double that number of supporters paying to watch. The youngest competitors were five, the oldest in their 40s. Some of the 428 teams, including both the Golden Girls and Great White Sharks, would be heading to the world cheer competition in Orlando the following week.
There are places for all kinds of bodies in cheer – small flyers, lithe tumblers, powerful bases – and with seven different skill levels and no upper age limit, virtually anyone can find a place. Though there are co-ed teams, cheer in Canada is overwhelmingly female, with girls and women making up an estimated 98 per cent of competitors.
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On Monday, Apple announced its first new product in eight years—a mixed-reality headset. Basically goggles with computers in them. Ian Bogost asks if this is even new, and why we would need such a thing.
Maybe goggles can recover some of what the internet has lost. One might use them not to foster or exploit connections (as in the old—and failed—mission of social media) but to slow down and go somewhere rather than tapping and scrolling and posting into oblivion.
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