Inmate author’s sales violate policy
By Titan Barksdale, Staff Writer
The News & Observer
RALEIGH, N.C. — Victor Martin has been writing since he was a child, but he didn’t realize it could be a career until he became a convict.
A few years ago, Martin became a published author, writing four novels while lying in his bunk in a state prison in Elizabeth City. His books, which feature a high-rolling criminal named Unique, have a following among readers of what is known as “urban fiction,” a popular literary genre characterized by explicit tales of inner-city crime life. Martin’s books are available on Amazon.com.
But Martin says prison officials are shutting him down, saying his novels violate a policy that bars inmates from conducting business behind bars.
Martin, a 32-year-old habitual felon with several theft-related convictions, says the policy violates his right to free speech. Martin’s attorneys are challenging the policy, which they say prison officials have used to confiscate Martin’s manuscripts and discipline him for writing.
“When I’m trying to do something positive, they want me to stop,” Martin said in a telephone interview from the Elizabeth City prison. “The way I see it, they want me to stay stagnant and not do anything.”
Martin’s current publisher, Marcenia Waters of Charlotte, says Martin plays a small role in business affairs related to publishing. Her self-owned publishing company makes the arrangements for printing and distribution and handles the income from Martin’s latest book, “Unique’s Ending.”
Waters said she became a fan of Martin’s writing after hearing about him through word of mouth. She wrote to him in prison, and they developed a relationship through letters. Eventually, she offered to publish one of his books.
Attorneys with the American Civil Liberties Union of North Carolina have sent a letter to officials with the state Department of Correction asking about the whereabouts of a 310-page manuscript that they say was confiscated.
“There is no evidence that his writing is posing a danger,” said Katherine Lewis Parker, legal director with the ACLU’s North Carolina branch.
An issue of safety
Keith Acree, a Department of Correction spokesman, declined to talk specifically about Martin’s claims. But he said department policy prohibits prisoners from publishing their writing for payment while in prison.
“The policy prohibits conducting business from prison -- not writing,” Acree said in an e-mail statement.
The policy says prisoners can’t conduct business because it threatens prison safety. The inmate can be targeted for money, and guards could be adversely affected by monitoring the prisoner’s activity, according to the policy.
Martin is not the first inmate to complain that state policies designed to maintain safety and order were being used to violate his rights to free speech.
In 2006, Joseph Urbaniak said in a federal lawsuit that prison officials at Harnett Correctional Institution violated his right to free speech when they blocked his access to magazines and newspapers about gay life. The lawsuit is pending.
Lawyers at N.C. Prisoner Legal Services have written about the clash between prisoner rights and prison policies, citing a U.S. Supreme Court decision that says inmates do not give up all constitutional rights.
But prisoners often face a tough challenge in trying to prove their case, lawyers say. And prison officials have broad latitude in enforcing policy until it is successfully challenged.
The ACLU’s Parker said in her letter that prison officials have to prove that policies that infringe on prisoner rights are valid. To determine validity, courts look for four factors that include whether exercising the right poses a safety risk and whether it adversely affects prison guards and resources.
Martin published books from behind bars until 2006 with no evidence that it posed a safety or security threat or caused a strain on prison resources, Parker said.
His troubles began during his stay at Central Prison in Raleigh that year, when he was convicted of several infractions related to running a business.
‘Something going on’
Martin got his break in 2004, when Triple Crown Publications, one of the leading publishers of urban fiction, published “Menage’s Way,” a story about a career criminal’s chase of fast money.
Although Amazon’s statistics show that his books are far from best-sellers, he does have loyal fans. Readers who left comments on Amazon praised his stark writing style.
Urban fiction authors such as Teri Woods have sold more than a million books.
"[Urban fiction] is popular because most Americans like books about gangsters and crime and outlaws,” said Calvin Reid, a senior news editor at Publisher’s Weekly. “It has also sparked what’s become a real movement of writing and self-publishing in the black community.”
Waters was impressed with Martin’s writing before she knew his situation.
“After reading the first book, I found out he was in prison, and I was like, ‘Wow, what a waste,’” Waters said. “I read the second the book, and I said he needs to know that he really has something going on.”
She spent $4,000 of her own money to print 3,000 books. Waters said that Martin has not made any money from her company. Martin has said he wants to give any money that he makes to charity, Waters said.
Waters believes Martin has changed his life. And, she said, his writing gives him something to look forward to after his scheduled release in 2021.
Victor Martin has published several novels.
Copyright 2008 The News and Observer