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These are the user uploaded subtitles that are being translated: 1 00:01:05,590 --> 00:01:08,191 Last year, we followed President Obama 19 00:01:08,225 --> 00:01:10,325 as he made history becoming the first 20 00:01:10,361 --> 00:01:11,227 sitting US President 21 00:01:11,262 --> 00:01:14,296 to actually enter a federal prison. 22 00:01:14,331 --> 00:01:15,463 - How y'all doing? - Alright. 23 00:01:15,500 --> 00:01:17,801 - How you doing, sir? - Alright. 24 00:01:17,835 --> 00:01:20,335 Now, our special report focused on men 25 00:01:20,370 --> 00:01:22,138 caught up in the system's harsh treatment 26 00:01:22,174 --> 00:01:24,272 of non-violent drug offenders, 27 00:01:24,308 --> 00:01:26,474 but lost in the debate is the fact that 28 00:01:26,510 --> 00:01:27,442 women are actually 29 00:01:27,477 --> 00:01:29,411 the fastest-growing population 30 00:01:29,445 --> 00:01:31,212 of inmates in America. 31 00:01:49,231 --> 00:01:51,564 Face the wall, please. Face the wall. 32 00:01:51,600 --> 00:01:52,766 Hands on the wall. 33 00:01:52,801 --> 00:01:54,801 You need to be leaning into the wall! 34 00:01:54,837 --> 00:01:57,170 If you're not leaning, you and me have a problem. 35 00:02:25,098 --> 00:02:26,598 The Bexar County Jail houses 36 00:02:26,634 --> 00:02:29,735 around 600 women at any given time. 37 00:02:29,771 --> 00:02:31,903 They gave us access to their intake process 38 00:02:31,938 --> 00:02:34,639 as a group of women were being booked in. 39 00:03:03,902 --> 00:03:05,068 Since 1980, 40 00:03:05,104 --> 00:03:07,302 the number of women incarcerated in America 41 00:03:07,337 --> 00:03:10,338 has increased by more than 700%. 42 00:03:10,373 --> 00:03:12,441 Congresswoman Karen Bass has watched 43 00:03:12,475 --> 00:03:15,343 as the population of American women behind bars 44 00:03:15,378 --> 00:03:17,847 has grown to be the largest in the world. 45 00:03:17,882 --> 00:03:19,247 Do you think that there's enough momentum 46 00:03:19,283 --> 00:03:21,918 behind criminal justice reform for incarcerated women? 47 00:03:21,953 --> 00:03:24,651 I do not believe there's enough momentum right now. 48 00:03:24,687 --> 00:03:28,122 What I have found is my-- my colleagues 49 00:03:28,158 --> 00:03:31,960 were very enthusiastic around criminal justice reform, 50 00:03:31,995 --> 00:03:33,427 and as they moved forward, 51 00:03:33,462 --> 00:03:36,997 did not recognize that they were not including women. 52 00:03:37,033 --> 00:03:39,800 It was an oversight due to lack of understanding. 53 00:03:39,836 --> 00:03:44,170 Women go to prison for very different reasons than men. 54 00:03:44,206 --> 00:03:46,240 The overwhelming majority of women 55 00:03:46,275 --> 00:03:48,108 are there for non-violent crimes. 56 00:03:48,144 --> 00:03:52,079 The average woman that winds up incarcerated, 57 00:03:52,114 --> 00:03:54,514 her pathway to incarceration 58 00:03:54,550 --> 00:03:57,084 is a long line of abuse 59 00:03:57,118 --> 00:03:59,051 that is never dealt with, 60 00:03:59,086 --> 00:04:01,187 and then she winds up getting trapped 61 00:04:01,223 --> 00:04:02,921 in the criminal justice system. 62 00:04:04,225 --> 00:04:05,457 We wanted to know what it was like 63 00:04:05,492 --> 00:04:08,728 for the unprecedented number of women now trapped inside, 64 00:04:08,763 --> 00:04:11,530 and to see how the system itself was coping. 65 00:04:11,566 --> 00:04:14,400 Do not remove your hands. Do you understand me? - Yep. 66 00:04:14,435 --> 00:04:15,633 Yes, ma'am. 67 00:04:15,669 --> 00:04:18,237 How do you normally treat the intakes? 68 00:04:18,271 --> 00:04:19,338 The people coming in? 69 00:04:19,372 --> 00:04:20,172 Well, with the intakes, 70 00:04:20,206 --> 00:04:21,874 I'm a lot more stern with the intakes. 71 00:04:21,908 --> 00:04:23,841 Cause I need to set an attitude. 72 00:04:23,877 --> 00:04:25,610 If you come in, and I'm all smiley, 73 00:04:25,644 --> 00:04:26,711 you're gonna be glad to be here. 74 00:04:26,747 --> 00:04:28,312 I don't want you to be glad to be here. 75 00:04:28,348 --> 00:04:30,615 Get back out of the doorway! 76 00:04:30,649 --> 00:04:32,250 There's a whole cell back there. Use it! 77 00:04:33,586 --> 00:04:36,987 Male offenders are processed in the same facility as women. 78 00:04:37,023 --> 00:04:39,356 Both populations have increased so dramatically, 79 00:04:39,391 --> 00:04:43,360 that Bexar County has opened multiple new housing units. 80 00:04:43,396 --> 00:04:46,329 I've seen some people get hurt in this place. 81 00:04:46,365 --> 00:04:47,965 Officers and inmates. 82 00:04:48,000 --> 00:04:50,233 Women are just as bad as the men. Yeah? 83 00:04:50,269 --> 00:04:51,600 I've been-- I've been attacked 84 00:04:51,636 --> 00:04:53,168 by women more than once. 85 00:04:54,439 --> 00:04:56,305 Which is kind of scary. 86 00:04:57,942 --> 00:04:59,042 And it's your jail policy 87 00:04:59,076 --> 00:05:01,343 for everyone to be wearing a-a uniform? 88 00:05:12,689 --> 00:05:15,057 We are about to spend the night in the jail. 89 00:05:15,091 --> 00:05:16,490 Nothing's allowed in. 90 00:05:16,526 --> 00:05:19,795 All jewelery off, hair bands, everything... 91 00:05:19,829 --> 00:05:23,130 that could potentially be used as a weapon. 92 00:05:25,834 --> 00:05:27,000 Hi, ladies. 93 00:05:28,571 --> 00:05:30,071 Hey. 94 00:05:30,105 --> 00:05:31,406 So, this is it, I guess. 95 00:05:31,440 --> 00:05:33,007 Uh... 96 00:05:34,911 --> 00:05:36,944 I've got a blanket inside, 97 00:05:36,980 --> 00:05:38,980 although it's pretty hot in here. 98 00:05:39,014 --> 00:05:42,581 Pretty gross-looking sheet, which I think is the bed sheet, 99 00:05:42,617 --> 00:05:44,985 and this, which is toiletries. 100 00:05:45,019 --> 00:05:46,954 Is this all the toiletries you guys get? 101 00:05:56,365 --> 00:05:58,730 Is it tough, you know, like... 102 00:05:58,766 --> 00:06:01,867 peeing and going to the toilet in front of everyone? No. 103 00:06:03,237 --> 00:06:04,036 Yeah, you're just here! 104 00:06:04,072 --> 00:06:06,305 You've got a perfect viewing platform. 105 00:06:06,341 --> 00:06:08,507 Are some of you guys in here for the same reason? 106 00:06:09,643 --> 00:06:11,143 What kind of reasons? 107 00:06:16,815 --> 00:06:17,983 What are you in here for? 108 00:06:19,418 --> 00:06:20,851 How long were you using for? 109 00:06:24,557 --> 00:06:25,889 - Mm-hmm. - Yeah. 110 00:06:25,925 --> 00:06:27,658 Is this your first time in here? 111 00:06:34,399 --> 00:06:36,932 Someone needs the toilet? Alright, we'll move out. 112 00:06:46,144 --> 00:06:48,076 This is lights out? 113 00:06:50,115 --> 00:06:51,646 It's super bright in here. 114 00:06:51,682 --> 00:06:53,882 It's gonna be really frigging hard to sleep. 115 00:06:59,456 --> 00:07:01,589 After barely three hours, 116 00:07:01,625 --> 00:07:03,158 the lights were on again. 117 00:07:09,132 --> 00:07:11,065 It's 3:30 in the morning. 118 00:07:11,100 --> 00:07:13,834 Officers have just woken everyone up 119 00:07:13,870 --> 00:07:15,903 to serve breakfast. 120 00:07:15,939 --> 00:07:19,206 I think so that they can stagger it throughout the jail. 121 00:07:21,345 --> 00:07:22,776 Meals are served in shifts 122 00:07:22,810 --> 00:07:24,577 in an attempt to deal with the sheer number 123 00:07:24,612 --> 00:07:27,713 of non-violent offenders now crowding the cells. 124 00:07:27,750 --> 00:07:30,483 My charge is felony possession 125 00:07:30,519 --> 00:07:33,019 of a controlled substance under a gram. 126 00:07:33,055 --> 00:07:34,721 It was tampering with government records, 127 00:07:34,757 --> 00:07:36,423 and I had a fake ID. 128 00:07:36,459 --> 00:07:39,558 Making checks, writing checks. 129 00:07:39,593 --> 00:07:40,992 ID stuff. 130 00:07:41,028 --> 00:07:42,461 Prostitution. 131 00:07:42,497 --> 00:07:43,930 - It's all money. - Mmm. 132 00:07:43,965 --> 00:07:46,865 And then money leading to drugs. 133 00:07:46,901 --> 00:07:48,634 How many addicts are there in here? 134 00:07:48,670 --> 00:07:51,571 Most are. - I think everybody's an addict in some way. 135 00:07:52,774 --> 00:07:54,639 Since many laws require mandatory 136 00:07:54,675 --> 00:07:56,841 minimum sentences for drug crimes, 137 00:07:56,877 --> 00:07:58,177 judges like Nancy Gertner 138 00:07:58,211 --> 00:07:59,677 find they fail to take into account 139 00:07:59,713 --> 00:08:02,281 the specific circumstances of women. 140 00:08:02,315 --> 00:08:06,016 The factors in the system distorted the sentencing. 141 00:08:06,052 --> 00:08:08,052 It's not just that women got 142 00:08:08,088 --> 00:08:10,189 higher sentences than they should have. 143 00:08:10,223 --> 00:08:14,425 It is that sometimes they got higher sentences than men. 144 00:08:15,595 --> 00:08:17,394 You rarely found women at the top 145 00:08:17,430 --> 00:08:19,396 of a drug conspiracy. 146 00:08:19,432 --> 00:08:21,432 They were more often at the very, very bottom, 147 00:08:21,468 --> 00:08:24,802 because they were being abused by the head honcho. 148 00:08:24,836 --> 00:08:28,172 So, a woman gets a very large sentence, 149 00:08:28,207 --> 00:08:31,707 because she's associated with the drugs in some way. 150 00:08:31,742 --> 00:08:34,443 She could not cooperate against 151 00:08:34,480 --> 00:08:37,679 the man on the rung above her. 152 00:08:37,716 --> 00:08:39,448 It-- it-- 153 00:08:39,485 --> 00:08:42,018 It is-- It's a criminal justice policy 154 00:08:42,052 --> 00:08:44,953 that was, sort of, profoundly, profoundly irrational, 155 00:08:44,990 --> 00:08:47,722 and it was very difficult to be a judge 156 00:08:47,758 --> 00:08:50,057 meting out these sentences 157 00:08:50,094 --> 00:08:51,927 when you wanted to say something different. 158 00:08:51,961 --> 00:08:55,397 Because of these pervasive mandatory minimum guidelines, 159 00:08:55,432 --> 00:08:58,567 one of which was reinstated in Indiana in 2016 160 00:08:58,602 --> 00:09:00,469 by then-governor Mike Pence, 161 00:09:00,504 --> 00:09:03,438 non-violent offenders end up serving lengthy sentences 162 00:09:03,474 --> 00:09:04,971 in federal or state prisons. 163 00:09:05,008 --> 00:09:07,942 We're here in Indianapolis at the Indiana Women's Prison, 164 00:09:07,976 --> 00:09:11,346 which is actually the oldest women's facility in the country. 165 00:09:11,380 --> 00:09:14,048 It's currently running at pretty much full capacity, 166 00:09:14,082 --> 00:09:16,917 so we're gonna head in and meet some of the offenders. 167 00:09:18,988 --> 00:09:20,921 All right. 168 00:09:49,384 --> 00:09:52,184 With so many crimes revolving around drugs, 169 00:09:52,220 --> 00:09:53,851 the effects of mandatory minimums 170 00:09:53,888 --> 00:09:56,086 are felt throughout the facility. 171 00:09:56,121 --> 00:09:58,490 Do you mind me asking what your sentence is for? 172 00:09:58,524 --> 00:10:01,125 Uh, manufacturing meth, dealing meth, 173 00:10:01,160 --> 00:10:02,894 and I get a total of 58 years. 174 00:10:02,928 --> 00:10:05,163 - 58 years? - Yeah. 175 00:10:05,198 --> 00:10:08,066 That's what your original sentence was for or...? - Yeah. 176 00:10:08,100 --> 00:10:11,134 I have more time than some people here for murder. 177 00:10:11,171 --> 00:10:14,538 I have more years than they do in-- in total amount. 178 00:10:16,442 --> 00:10:18,509 Resigned to long periods of time behind bars, 179 00:10:18,543 --> 00:10:20,211 women make do with what they can. 180 00:10:20,245 --> 00:10:23,713 - So these are cards that people have sent you? - These are cards, yeah. 181 00:10:25,518 --> 00:10:28,018 It's girly! 182 00:10:28,052 --> 00:10:30,086 What other kind of stuff do you get? 183 00:10:30,120 --> 00:10:32,688 Well, we make hairspray with Jolly Ranchers. 184 00:10:37,495 --> 00:10:39,928 I just-- Yeah. You made it yourself? 185 00:10:39,963 --> 00:10:42,365 Is it easy to get hold of tampons and stuff? 186 00:10:52,610 --> 00:10:53,774 That works? 187 00:10:56,046 --> 00:11:00,682 Alright, ladies, this is a stand-up or sit-down count! 188 00:11:00,717 --> 00:11:03,750 But feminine hygiene barely scratches the surface 189 00:11:03,785 --> 00:11:05,620 of the inmates' concerns. 190 00:11:19,835 --> 00:11:22,269 Over 70% of incarcerated women 191 00:11:22,303 --> 00:11:23,669 suffer from mental illness, 192 00:11:23,705 --> 00:11:26,873 and with inadequate mental health resources inside prisons, 193 00:11:26,908 --> 00:11:28,408 the solitary confinement unit 194 00:11:28,442 --> 00:11:31,110 is becoming a De facto mental hospital. 195 00:11:47,695 --> 00:11:51,863 So, we're just walking along the restrictive housing unit, 196 00:11:51,899 --> 00:11:54,698 which houses about 25 women here. 197 00:11:54,734 --> 00:11:58,001 You can see two women out here are on suicide watch. 198 00:11:58,037 --> 00:12:01,438 These women are on four-hour shift rotations, 199 00:12:01,474 --> 00:12:04,240 and they're checking in every few minutes 200 00:12:04,277 --> 00:12:07,110 to check that no one has killed themselves. 201 00:12:07,145 --> 00:12:10,280 For officers like Lieutenant Spells, 202 00:12:10,317 --> 00:12:11,748 guarding mentally ill women 203 00:12:11,783 --> 00:12:14,518 has become a major part of their responsibilities. 204 00:12:14,552 --> 00:12:18,888 How many of the women here are suffering from mental health problems? 205 00:12:21,527 --> 00:12:23,058 Pretty much gonna be all of them. 206 00:12:23,094 --> 00:12:24,994 This unit holds 25. 207 00:12:25,029 --> 00:12:28,063 I've been here for a while, 18 years. 208 00:12:28,099 --> 00:12:30,765 At one time, we used to have just, maybe, like a couple of 'em. 209 00:12:30,802 --> 00:12:32,835 But the ones that's coming in here, 210 00:12:32,870 --> 00:12:34,168 you know, throughout the years, 211 00:12:34,205 --> 00:12:35,837 - is more mental issues. - Mm-hmm. 212 00:12:35,873 --> 00:12:38,307 What's the hardest part about your job? 213 00:12:38,342 --> 00:12:40,274 A lot of times they have kids. 214 00:12:40,311 --> 00:12:42,144 Then, you know, when they come in to visit, 215 00:12:42,178 --> 00:12:44,513 the kids are crying, and... 216 00:12:44,548 --> 00:12:47,081 I just really feel sorry for the kids. 217 00:12:48,951 --> 00:12:52,787 Around 60% of women in state prisons are mothers. 218 00:12:52,822 --> 00:12:55,155 Some of whom enter the system while pregnant. 219 00:12:57,059 --> 00:12:59,125 Charissa didn't know she was pregnant 220 00:12:59,162 --> 00:13:01,428 when, she says, she violated her parole 221 00:13:01,465 --> 00:13:03,697 by smoking marijuana. 222 00:13:03,732 --> 00:13:06,332 Now, she's facing the sobering reality 223 00:13:06,369 --> 00:13:08,168 of giving birth behind bars. 224 00:13:08,202 --> 00:13:10,870 Can you talk me through the process of what happens 225 00:13:10,905 --> 00:13:12,373 when you go to give birth? 226 00:13:12,408 --> 00:13:15,075 I know that I can only stay 24 hours with my baby. 227 00:13:15,110 --> 00:13:16,942 Once you're there for 24 hours, 228 00:13:16,979 --> 00:13:19,379 the family-- or whoever you have, the caregiver-- 229 00:13:19,413 --> 00:13:20,879 - will pick up the baby. - Mm-hmm. 230 00:13:20,914 --> 00:13:23,448 What do you think that's gonna be like coming back here 231 00:13:23,485 --> 00:13:26,051 to the prison after 24 hours, after given birth? 232 00:13:26,086 --> 00:13:28,921 It's gonna be-- I'm gonna be a mess. 233 00:13:28,956 --> 00:13:32,357 Not being able to have that bond with my kid, 234 00:13:32,394 --> 00:13:35,461 and having somebody else take care of my baby. 235 00:13:35,496 --> 00:13:37,596 Though Charissa didn't qualify, 236 00:13:37,630 --> 00:13:40,765 Indiana does run one of a few programs in the country 237 00:13:40,801 --> 00:13:42,801 that allows select non-violent offenders 238 00:13:42,836 --> 00:13:45,135 to keep their newborns in prison with them 239 00:13:45,171 --> 00:13:47,304 for a period of up to 18 months. 240 00:13:47,340 --> 00:13:50,173 How old is she? She is nine months. 241 00:13:50,210 --> 00:13:51,842 You were in here when you gave birth? 242 00:13:51,879 --> 00:13:54,144 Yes, I went to the hospital, 243 00:13:54,178 --> 00:13:56,713 and I had to have a emergency C-section with her, 244 00:13:56,749 --> 00:13:58,215 because I went early with her, 245 00:13:58,250 --> 00:14:01,183 so, she's my little early-comer. 246 00:14:01,220 --> 00:14:02,820 And how was that, giving birth there? 247 00:14:02,855 --> 00:14:05,755 We was handcuffed to the bed by just one arm 248 00:14:05,792 --> 00:14:07,625 when the C-section was happening, 249 00:14:07,659 --> 00:14:10,527 and your legs are shackled to the bed. 250 00:14:10,562 --> 00:14:12,495 Whilst the C-section's happening? That's-- 251 00:14:12,530 --> 00:14:14,663 Yeah. - Like that's the point when you're gonna run away. 252 00:14:14,698 --> 00:14:16,799 I know, right! 253 00:14:16,835 --> 00:14:18,301 Yeah! 254 00:14:18,336 --> 00:14:20,101 It's tough. It's tough... 255 00:14:20,138 --> 00:14:21,269 but it's worth it. 256 00:14:21,306 --> 00:14:25,442 I can't imagine... having my baby, 257 00:14:25,476 --> 00:14:27,875 and then the next day, giving her up. 258 00:14:27,912 --> 00:14:29,244 Some people don't have families, 259 00:14:29,278 --> 00:14:31,480 so they have to give it to... 260 00:14:31,514 --> 00:14:32,713 foster care. 261 00:14:32,750 --> 00:14:34,515 You know, you don't know them people. 262 00:14:34,552 --> 00:14:36,250 You don't know who's taking care of your child. 263 00:14:36,286 --> 00:14:40,721 In fact, incarcerated mothers with children in foster care 264 00:14:40,758 --> 00:14:42,389 risk losing them permanently, 265 00:14:42,426 --> 00:14:45,725 because of a law called the Adoption and Safe Families Act. 266 00:14:45,761 --> 00:14:48,763 It stipulates that any parent with a child in foster care 267 00:14:48,798 --> 00:14:50,965 for 15 out of 22 months 268 00:14:51,000 --> 00:14:53,267 loses permanent custody. 269 00:14:55,071 --> 00:14:58,272 But the vast majority of primary caregivers are mothers. 270 00:14:59,542 --> 00:15:01,274 This leaves women, like Nakita, 271 00:15:01,309 --> 00:15:02,542 in a race against time 272 00:15:02,577 --> 00:15:05,445 to retain their parental rights. 273 00:15:05,480 --> 00:15:08,114 Oh, he's so handsome! That's him when he was younger. 274 00:15:08,149 --> 00:15:10,249 This is all him up here? Yeah, yeah. 275 00:15:10,284 --> 00:15:11,485 Uh-huh. You must be happy. 276 00:15:11,519 --> 00:15:13,687 Nakita is serving the remainder of her sentence 277 00:15:13,721 --> 00:15:14,988 in a halfway house, 278 00:15:15,023 --> 00:15:17,557 where she's allowed to leave to go to and from work, 279 00:15:17,592 --> 00:15:20,558 but has limited access to her son, Antonio. 280 00:15:20,595 --> 00:15:22,059 Where's your son now? 281 00:15:22,096 --> 00:15:23,895 He's been in foster care 282 00:15:23,931 --> 00:15:27,065 since I turned myself in in February. 283 00:15:27,100 --> 00:15:28,933 How's that been? 284 00:15:28,970 --> 00:15:31,135 Oh! Hmm. 285 00:15:32,639 --> 00:15:35,572 Me and my son ain't never been separated from each other, 286 00:15:35,609 --> 00:15:37,808 so this is our first time. 287 00:15:37,844 --> 00:15:39,644 He don't understand it. 288 00:15:41,681 --> 00:15:45,216 All he know is mommy's not there, and... 289 00:15:46,485 --> 00:15:48,152 we done had an episode with my son 290 00:15:48,187 --> 00:15:50,621 trying to kill hisself, because... 291 00:15:50,657 --> 00:15:52,023 he felt like... 292 00:15:52,057 --> 00:15:56,493 I left him, and... didn't nobody want him, so... 293 00:15:58,196 --> 00:16:01,364 He was in a mental hospital for about three weeks. 294 00:16:01,399 --> 00:16:04,934 And how old is he? He'll be nine in October. 295 00:16:04,970 --> 00:16:06,937 If I don't get a early release, 296 00:16:06,971 --> 00:16:10,740 I will be here until August 2017. 297 00:16:11,708 --> 00:16:14,644 So, whether or not you get your son back 298 00:16:14,678 --> 00:16:17,346 depends on whether or not you get an early release from here. 299 00:16:17,380 --> 00:16:18,447 Yeah. 300 00:16:19,884 --> 00:16:23,485 Like Nakita, most incarcerated women are mothers, 301 00:16:23,520 --> 00:16:26,254 which leaves hundreds of thousands of children 302 00:16:26,289 --> 00:16:28,155 without their primary caregivers 303 00:16:28,191 --> 00:16:30,291 and vulnerable to the cycle itself. 304 00:16:55,618 --> 00:16:57,283 What are the legislations that you think 305 00:16:57,318 --> 00:16:58,851 need to be passed on a national level 306 00:16:58,888 --> 00:17:01,187 to address women who are entering the justice system? 307 00:17:01,221 --> 00:17:03,556 Well, I think we need to get rid of mandatory minimums. 308 00:17:03,591 --> 00:17:05,758 I think we need to, um... 309 00:17:05,794 --> 00:17:08,728 increase resources in prisons. 310 00:17:08,762 --> 00:17:11,430 I also think, because of all of these years 311 00:17:11,465 --> 00:17:13,432 of mass incarceration, 312 00:17:13,468 --> 00:17:16,068 now our society needs to build 313 00:17:16,104 --> 00:17:18,368 an entire layer of support services 314 00:17:18,404 --> 00:17:19,805 for people when they come out, 315 00:17:19,839 --> 00:17:21,506 so that they don't re-offend. 316 00:17:22,375 --> 00:17:25,375 We are ones to clamor 317 00:17:25,412 --> 00:17:28,145 about human rights in other countries, 318 00:17:28,181 --> 00:17:30,214 and I think we need to examine 319 00:17:30,250 --> 00:17:33,085 the human rights issue right here in the United States, 320 00:17:33,119 --> 00:17:36,052 and I think we should start with our prison system. 321 00:17:39,458 --> 00:17:40,390 Art has become one 322 00:17:40,425 --> 00:17:42,926 of the hottest commodities on the planet. 323 00:17:42,961 --> 00:17:44,461 International art sales 324 00:17:44,497 --> 00:17:47,431 topped $45 billion last year alone. 325 00:17:47,465 --> 00:17:49,465 and high-end works consistently 326 00:17:49,501 --> 00:17:51,335 have seen better long-term results 327 00:17:51,369 --> 00:17:53,702 than investments like gold or silver. 328 00:17:53,739 --> 00:17:58,008 Picasso's "Le Reve" sold for $155 million. 329 00:17:58,042 --> 00:17:59,342 Up over 200%. 330 00:17:59,376 --> 00:18:00,676 But all of that value, 331 00:18:00,711 --> 00:18:02,478 depends on whether the work itself 332 00:18:02,513 --> 00:18:04,346 can be verified as genuine, 333 00:18:04,382 --> 00:18:07,651 and in the case of prolific artists like Andy Warhol, 334 00:18:07,685 --> 00:18:10,417 determining which pieces are real and which are fake, 335 00:18:10,453 --> 00:18:12,319 is a controversial decision 336 00:18:12,355 --> 00:18:13,756 that could be worth millions. 337 00:18:17,728 --> 00:18:18,760 In the 1960s, 338 00:18:18,796 --> 00:18:21,596 Andy Warhol changed the very definition of art 339 00:18:21,632 --> 00:18:23,265 and what it means to be an artist. 340 00:18:23,299 --> 00:18:25,799 Andy, a Canadian government spokesman said, 341 00:18:25,835 --> 00:18:28,068 that your art could not be described 342 00:18:28,104 --> 00:18:29,603 as original sculpture. 343 00:18:29,638 --> 00:18:31,505 - Would you agree with that? - Uh, yes. 344 00:18:31,540 --> 00:18:33,807 Why not create something new? 345 00:18:33,843 --> 00:18:36,343 Uh, because it's easier to do. 346 00:18:36,378 --> 00:18:38,145 Warhol's methods-- 347 00:18:38,181 --> 00:18:39,613 removing the artist's hand 348 00:18:39,648 --> 00:18:41,816 and industrializing the creative process -- 349 00:18:41,851 --> 00:18:43,482 was revolutionary. 350 00:18:43,518 --> 00:18:46,552 I spoke to Warhol's close friend, Joe Simon-Whelan, 351 00:18:46,587 --> 00:18:47,854 about Andy's world. 352 00:18:47,890 --> 00:18:50,623 By the time I met him, everything was moving so fast for him. 353 00:18:50,659 --> 00:18:52,392 I mean, he was turning out a film a week. 354 00:18:52,426 --> 00:18:54,227 He was managing Velvet Underground. 355 00:18:54,261 --> 00:18:56,296 He wasn't so much into painting. 356 00:18:56,330 --> 00:18:59,999 The concept of the-- of the piece, he liked, 357 00:19:00,034 --> 00:19:01,834 but the actual making of it, he didn't like, 358 00:19:01,868 --> 00:19:05,269 and, um, he was very open to having others make the work. 359 00:19:05,306 --> 00:19:07,239 He used to call it "art by telephone." 360 00:19:07,273 --> 00:19:09,575 He would call his off-site ventures, 361 00:19:09,609 --> 00:19:12,243 and say, "Okay, I need, you know, ten of these." 362 00:19:12,278 --> 00:19:14,012 They would make ten, give 'em to Andy, 363 00:19:14,048 --> 00:19:15,714 then he would roll 'em out for the client, 364 00:19:15,750 --> 00:19:17,882 and say, "Whoo! Voila, they're all made." 365 00:19:17,917 --> 00:19:19,416 Meanwhile, downtown... 366 00:19:19,451 --> 00:19:22,886 they're just, you know, just drinking whiskey, 367 00:19:22,923 --> 00:19:25,155 doing whatever they're doing. Making extra prints. 368 00:19:25,192 --> 00:19:27,791 Don't you think he would have liked the idea that there could have been 369 00:19:27,827 --> 00:19:29,292 thousands of these prints made, 370 00:19:29,328 --> 00:19:31,662 and maybe even prints made, you know, after his death. 371 00:19:31,698 --> 00:19:33,564 Actually, he-- he would have liked it, 372 00:19:33,599 --> 00:19:36,532 but his-- certainly his dealers and his salespeople didn't. 373 00:19:36,567 --> 00:19:39,135 When Joe got the chance to buy his own Warhol, 374 00:19:39,171 --> 00:19:40,470 he was positive it was real. 375 00:19:40,505 --> 00:19:43,506 The reason I bought my painting after Andy died 376 00:19:43,541 --> 00:19:44,641 is cause I thought it was 377 00:19:44,675 --> 00:19:46,710 authenticated by the executor of his estate. 378 00:19:46,746 --> 00:19:49,378 It's on the cover of the catalogue raisonné of 1970, 379 00:19:49,413 --> 00:19:51,881 which pretty much covered all of Warhol's work, 380 00:19:51,915 --> 00:19:54,583 so I thought, "Great, providence, wonderful work." 381 00:19:54,618 --> 00:19:56,719 Joe's friend and art dealer, 382 00:19:56,755 --> 00:19:59,355 Michael Hue-Williams, arranged the sale. 383 00:19:59,390 --> 00:20:01,257 In the case of the "Red Self Portraits," 384 00:20:01,291 --> 00:20:04,126 I sold that painting to Joe Simon. 385 00:20:04,162 --> 00:20:09,096 It had a hand-written authentification on it by Fred Hughes. 386 00:20:09,133 --> 00:20:13,567 Written at a time when Fred was the only authority. 387 00:20:13,603 --> 00:20:15,636 He was the sole executor of Andy's estate. 388 00:20:15,672 --> 00:20:18,240 I asked Fred about the painting, 389 00:20:18,275 --> 00:20:21,342 and he said, "Yes, but I've already written on the back of the painting. 390 00:20:21,377 --> 00:20:22,410 It is a Warhol." 391 00:20:22,444 --> 00:20:24,878 For me, that's it. That's the end of the story. 392 00:20:24,913 --> 00:20:28,214 After owning his "Red Self Portrait" for 12 years, 393 00:20:28,250 --> 00:20:30,183 Joe decided to sell it, 394 00:20:30,219 --> 00:20:32,286 but first he was required to get it verified 395 00:20:32,320 --> 00:20:35,088 by the Warhol Foundation's Authentication Board. 396 00:20:35,124 --> 00:20:38,826 So, you submitted the painting for authentication? 397 00:20:38,861 --> 00:20:41,194 And what happened to the painting then? 398 00:20:41,230 --> 00:20:44,430 Well, it came back with this nasty stamp on the back, 399 00:20:44,464 --> 00:20:46,132 saying "Denied. 400 00:20:46,167 --> 00:20:47,767 This is not by Andy Warhol." 401 00:20:47,802 --> 00:20:49,802 Sorry, they stamped the word "Denied" 402 00:20:49,837 --> 00:20:51,003 with ink onto the painting? 403 00:20:51,038 --> 00:20:53,807 The back of the painting? Which seeped through the picture. 404 00:20:53,842 --> 00:20:55,107 It was very naughty. 405 00:20:55,143 --> 00:20:56,709 So what do you think decides 406 00:20:56,743 --> 00:20:59,544 which pieces get authenticated and which get denied? 407 00:20:59,578 --> 00:21:01,746 Whatever makes the most money. 408 00:21:01,781 --> 00:21:06,050 At some point, you had to step down from the battle. 409 00:21:06,086 --> 00:21:08,385 You know, they said, publicly, 410 00:21:08,422 --> 00:21:09,922 "We won't stop." 411 00:21:09,957 --> 00:21:12,958 This is like a beast that's just rolling upon itself. 412 00:21:12,992 --> 00:21:14,692 I mean, it's a-- it's a commodity, 413 00:21:14,728 --> 00:21:17,161 and people don't want to see it collapse, 414 00:21:17,196 --> 00:21:19,931 so people will protect that. 415 00:21:19,965 --> 00:21:21,898 This battle was a direct result 416 00:21:21,934 --> 00:21:24,468 of Warhol's own process, limiting the role 417 00:21:24,502 --> 00:21:25,970 of the artist in the making of the art. 418 00:21:26,005 --> 00:21:30,208 As Warhol's work became some of the most expensive in the world, 419 00:21:30,242 --> 00:21:33,375 the stakes of authentication increased drastically. 420 00:21:33,411 --> 00:21:35,846 I met with British artist, Paul Stephenson, 421 00:21:35,881 --> 00:21:37,247 and leading art market analyst, 422 00:21:37,281 --> 00:21:39,481 Marion Maneker, to discuss this. 423 00:21:39,517 --> 00:21:42,684 Many people date the current art market 424 00:21:42,721 --> 00:21:44,054 from 1998, 425 00:21:44,088 --> 00:21:48,090 when the "Orange Marilyn" was sold at auction 426 00:21:48,125 --> 00:21:49,358 for a record price. 427 00:21:49,394 --> 00:21:53,095 That sort of woke up the world to the value of these works. 428 00:21:53,130 --> 00:21:55,029 The first phase of this market run-up 429 00:21:55,066 --> 00:21:57,699 from about 2004 to 2007, 430 00:21:57,734 --> 00:21:59,534 Warhol led the way. 431 00:21:59,569 --> 00:22:01,635 There are buyers in Asia. 432 00:22:01,672 --> 00:22:03,404 There are buyers in South America. 433 00:22:03,440 --> 00:22:06,441 There are buyers in the gulf states. 434 00:22:06,477 --> 00:22:09,542 It has an appeal that very few other artists do. 435 00:22:09,578 --> 00:22:12,145 Warhol was the first artist who was talking about 436 00:22:12,182 --> 00:22:14,214 what makes a Warhol, his own authenticity. 437 00:22:14,250 --> 00:22:16,717 And that's one of the issues with the art market. 438 00:22:16,752 --> 00:22:17,951 Are these actual works? 439 00:22:17,988 --> 00:22:21,821 Or are these copies because he wasn't there to approve them? 440 00:22:21,857 --> 00:22:24,023 With individual Warhol's now selling 441 00:22:24,058 --> 00:22:25,592 in the tens of millions, 442 00:22:25,626 --> 00:22:26,960 we asked Donald Sheridan, 443 00:22:26,996 --> 00:22:29,096 who made many of the artist's prints, 444 00:22:29,131 --> 00:22:31,298 what makes a real Warhol. 445 00:22:31,333 --> 00:22:32,798 These are the Retrospective Series. 446 00:22:32,834 --> 00:22:36,336 So they're Warhol revisiting his most iconic images. 447 00:22:36,372 --> 00:22:39,672 Who decided that the acetates would be in those positions? 448 00:22:39,708 --> 00:22:41,440 You know, anybody who was working there, 449 00:22:41,474 --> 00:22:44,742 we were basically allowed to play. 450 00:22:44,778 --> 00:22:46,545 He didn't take the picture. 451 00:22:46,579 --> 00:22:47,813 He didn't choose this color scheme. 452 00:22:47,847 --> 00:22:49,382 You decided the composition, 453 00:22:49,416 --> 00:22:51,017 and then you guys printed it... 454 00:22:51,051 --> 00:22:52,218 - on your own? - Yeah. 455 00:22:52,252 --> 00:22:55,020 - That could still be a Warhol? - Oh, yeah. 456 00:22:55,056 --> 00:22:57,423 He knew it was gonna be a Warhol, 457 00:22:57,458 --> 00:22:58,890 Andy did, you know. 458 00:22:58,925 --> 00:23:01,425 He knew that we could give him good Warhols. 459 00:23:01,461 --> 00:23:03,127 "Just make it pretty." 460 00:23:03,163 --> 00:23:04,194 And you gave good Warhol? 461 00:23:04,230 --> 00:23:06,230 Yes. 462 00:23:08,468 --> 00:23:09,866 Because Warhol wasn't there 463 00:23:09,903 --> 00:23:11,435 when many of his works were made, 464 00:23:11,471 --> 00:23:13,203 we wanted to see if we could make a Warhol 465 00:23:13,240 --> 00:23:15,439 30 years after the artist's death, 466 00:23:15,473 --> 00:23:16,539 using the original acetates 467 00:23:16,575 --> 00:23:19,343 that were used in some of his most iconic works. 468 00:23:19,377 --> 00:23:21,811 Warhol's "Jackie" was a photograph 469 00:23:21,846 --> 00:23:24,614 taken by Jacques Lowe in Hyannis Port, 470 00:23:24,650 --> 00:23:26,416 then appropriated by Warhol, 471 00:23:26,451 --> 00:23:29,118 and then he had it enlarged into this size acetate. 472 00:23:29,154 --> 00:23:31,488 At that point, he worked on this acetate by hand, 473 00:23:31,522 --> 00:23:33,556 adapted it, made it 474 00:23:33,590 --> 00:23:35,290 the way he wanted to make it. 475 00:23:35,326 --> 00:23:36,925 You can still see actually, just... 476 00:23:36,961 --> 00:23:40,229 here on the sides, her hair flicks up quite a way out. 477 00:23:40,265 --> 00:23:42,131 Warhol's cut it right down in. 478 00:23:42,166 --> 00:23:43,165 In producing these acetates, 479 00:23:43,201 --> 00:23:45,300 and then, blacking out bits of them, that's-- 480 00:23:45,336 --> 00:23:46,902 that's the only stage where he's actually 481 00:23:46,938 --> 00:23:48,938 physically involved in-- in the process. 482 00:23:48,972 --> 00:23:52,039 - Wow. - In terms of this image, yeah. 483 00:23:52,076 --> 00:23:53,607 How much do these sell for now? 484 00:23:53,643 --> 00:23:57,378 If a 40-by-40-inch "Jackie" came up for sale today... 485 00:23:57,413 --> 00:24:00,382 $40 million plus. 486 00:24:00,416 --> 00:24:01,915 This is probably in excess 487 00:24:01,951 --> 00:24:04,786 of 200 or $300 million worth 488 00:24:04,820 --> 00:24:06,886 of paintings that you could make with these. 489 00:24:06,922 --> 00:24:09,655 So, he'd put the small acetate on here, 490 00:24:09,692 --> 00:24:11,959 this light shines through the acetate, 491 00:24:11,994 --> 00:24:13,160 through this lens 492 00:24:13,195 --> 00:24:14,595 and into the other room 493 00:24:14,630 --> 00:24:16,463 where he'd make it the correct size. 494 00:24:16,499 --> 00:24:18,265 The lab is one of the last in the world 495 00:24:18,300 --> 00:24:20,701 still able to carry out the exact same process 496 00:24:20,736 --> 00:24:22,803 Warhol's printers employed. 497 00:24:27,541 --> 00:24:28,740 In East London, 498 00:24:28,776 --> 00:24:31,243 Paul has also managed to track down the exact same paint 499 00:24:31,278 --> 00:24:33,179 that Warhol used for his background. 500 00:24:33,214 --> 00:24:36,749 It was so old it was about to get thrown out. 501 00:24:36,784 --> 00:24:39,486 It was on sale at half price. 502 00:24:39,520 --> 00:24:43,721 Naphthol Red is, uh, the lips on a "Marilyn." 503 00:24:43,757 --> 00:24:45,089 This is Chairman Mao's face. 504 00:24:45,125 --> 00:24:47,659 Yellow-Yellow Orange Azo. 505 00:24:47,693 --> 00:24:50,961 Um, and this is late '70s Acro-Violet, 506 00:24:50,998 --> 00:24:54,098 which is the face color for Jackie O. 507 00:24:54,134 --> 00:24:56,035 Marilyn, all the self-portraits. 508 00:24:56,069 --> 00:24:58,368 This has got "Copyright 1980" on it, so... 509 00:24:58,404 --> 00:25:01,338 this was a kind of a cool thing to find, cause they don't make that anymore. 510 00:25:01,374 --> 00:25:04,075 There's only a limited amount of this-- this stuff left that was made. 511 00:25:04,109 --> 00:25:05,910 This might be the last pot of-- 512 00:25:05,944 --> 00:25:07,478 of Acro-Violet left in the world. 513 00:25:07,513 --> 00:25:09,547 The next thing we need 514 00:25:09,582 --> 00:25:11,648 is one of Warhol's original printers. 515 00:25:11,683 --> 00:25:15,684 Alexander Heinrici now works in Bushwick, Brooklyn. 516 00:25:15,720 --> 00:25:18,721 He was Warhol's primary silk-screen printer 517 00:25:18,757 --> 00:25:21,023 from 1974 to '76. 518 00:25:21,059 --> 00:25:24,126 I saw him almost every day when I worked with him. 519 00:25:24,163 --> 00:25:27,564 And what do you think of, like, the Warhol idea of-- of-- 520 00:25:27,598 --> 00:25:31,034 almost removing the hand of the artist from-- from the process. 521 00:25:31,068 --> 00:25:33,234 Oh, he totally changed everything. 522 00:25:33,270 --> 00:25:36,538 I mean, that-- that's his, uh, forte. 523 00:25:36,574 --> 00:25:37,638 I mean, that's what he did. 524 00:25:37,674 --> 00:25:40,576 I was just lucky to be his silk-screen printer, you know? 525 00:25:40,611 --> 00:25:42,411 At the time. Yeah, yeah. 526 00:25:42,447 --> 00:25:43,945 Can you explain that? 527 00:25:43,980 --> 00:25:45,681 Like, exactly what's happening now? 528 00:25:45,715 --> 00:25:48,482 Well, the screen is coated with emulsion, 529 00:25:48,518 --> 00:25:50,017 which is photo sensitive. 530 00:25:50,052 --> 00:25:51,751 We put the positive on, 531 00:25:51,788 --> 00:25:55,623 and then we expose it with ultra-violet light 532 00:25:55,657 --> 00:25:58,792 that will harden the emulsion where the light hits it, 533 00:25:58,827 --> 00:26:01,796 and leave it soft where it doesn't. 534 00:26:01,830 --> 00:26:04,199 The emulsion breaks out where it's soft, 535 00:26:04,233 --> 00:26:06,333 and stays where it's hard. 536 00:26:06,367 --> 00:26:09,202 Is this exactly the same as the process that you did back then? 537 00:26:09,238 --> 00:26:10,269 Yeah. 538 00:26:17,278 --> 00:26:19,645 Okay, let's go. 539 00:26:28,055 --> 00:26:30,055 You got it? Over here. 540 00:26:38,766 --> 00:26:40,832 This looks like Warhol now. 541 00:26:40,866 --> 00:26:43,000 - Yeah. - Yeah. 542 00:26:44,003 --> 00:26:45,436 Well, we're learning, right? 543 00:26:45,471 --> 00:26:48,507 Not many more years, and we'll be pros. 544 00:26:49,909 --> 00:26:52,644 ♪ Andy Warhol looks a scream ♪ 545 00:26:52,679 --> 00:26:55,646 ♪ Hang him on my wall ♪ 546 00:26:55,682 --> 00:26:58,214 ♪ Andy Warhol, Silver Screen ♪ 547 00:26:58,250 --> 00:27:02,519 ♪ Can't tell them apart at all ♪ 548 00:27:02,555 --> 00:27:04,555 We showed it to Rainer Crone, 549 00:27:04,589 --> 00:27:06,123 who was the world's leading Warhol scholar, 550 00:27:06,159 --> 00:27:08,459 and author of Andy's first catalogue raisonné. 551 00:27:11,063 --> 00:27:12,796 Whoa! That's incredible. 552 00:27:12,830 --> 00:27:14,763 That's how you wanted to surprise me. 553 00:27:14,798 --> 00:27:16,633 Wow. 554 00:27:18,769 --> 00:27:20,068 Beautiful, no? 555 00:27:21,373 --> 00:27:22,404 Fantastic. 556 00:27:22,440 --> 00:27:24,006 Same acetate, 557 00:27:24,041 --> 00:27:25,974 same printer, Alex Heinrici, 558 00:27:26,009 --> 00:27:27,108 same everything. 559 00:27:27,144 --> 00:27:28,978 In your mind, are these-- 560 00:27:29,012 --> 00:27:30,878 you know, how close are these to Warhol's? 561 00:27:30,913 --> 00:27:32,814 They are fan-- this is fantastic. 562 00:27:32,848 --> 00:27:34,583 Yeah. What do you think Andy would have made 563 00:27:34,617 --> 00:27:37,286 of the idea of recreating these 564 00:27:37,320 --> 00:27:39,354 decades after his death? It's good! Good! 565 00:27:39,390 --> 00:27:42,423 It's in his concept, 566 00:27:42,459 --> 00:27:43,525 in his traditions. 567 00:27:43,560 --> 00:27:44,925 So, he has the idea, 568 00:27:44,961 --> 00:27:46,561 - and then anybody can make them? - Yeah. 569 00:27:46,596 --> 00:27:47,961 - As many prints as they want? - Yes. 570 00:27:47,997 --> 00:27:49,529 That's what he wanted. 571 00:27:49,566 --> 00:27:51,332 Since the Warhol controversy, 572 00:27:51,366 --> 00:27:54,867 numerous other artists have their own issues with authentication. 573 00:27:54,903 --> 00:27:55,736 Two of the biggest galleries 574 00:27:55,770 --> 00:27:57,871 have been fooled with older works. 575 00:27:57,906 --> 00:28:01,174 Sotheby's admitted that two paintings worth over $10 million 576 00:28:01,211 --> 00:28:03,911 they'd authenticated and sold were fake. 577 00:28:03,945 --> 00:28:07,446 The Guggenheim had to do the same with a painting in its collection. 578 00:28:07,481 --> 00:28:09,015 After its legal battle, 579 00:28:09,049 --> 00:28:11,851 the Warhol Foundation disbanded its Authentication Board 580 00:28:11,885 --> 00:28:15,020 leaving hundreds of millions of dollars worth of Warhol's in doubt. 581 00:28:16,391 --> 00:28:19,726 Markets like gold and art are about confidence. 582 00:28:19,760 --> 00:28:21,727 You buy something with the hope that 583 00:28:21,761 --> 00:28:23,461 you'll be able to resell it. 584 00:28:23,497 --> 00:28:26,432 And the real question of its value is your confidence 585 00:28:26,467 --> 00:28:28,066 that there are other buyers behind you. 586 00:28:28,102 --> 00:28:31,303 One of the things that the art world needs 587 00:28:31,338 --> 00:28:34,105 is a better system for people to be able to say, 588 00:28:34,141 --> 00:28:35,307 "Yes, this is real."45323

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