Stop Due Process Violations In Alaska
I have been doing time in Alaska off and on since 2004. I’ve seen all the dirty tricks the crooked C.O.’s use to violate our constitutional rights. I’ve seen one generation of crooked cops hand down their dirty tricks to the next. I see them violate our rights to the point prisoners don’t know their rights are being violated. As Hitler said, “if you tell a big enough lie often enough people will believe it…” It’s time we stand up and take our rights back. The two biggest Due Process violations are the failure to have witnesses physically present at the disciplinary hearing and the failure to permit requested evidence in the accused favor.
It is the law in the 9th circuit that witnesses must appear at a prisoners disciplinary hearing, (Bartholomew v. Watson, 665 F.2d 915, 917-18 (9th Cir. 1982)). And that they may not use interviews to substitute for live witnesses (Mitchell v. Dupnik, 75 F.3d 517, 525-26 (9th Cir. 1996). The blanket denial of live witnesses is impermissible, exclusions must be justified individually (Serrano v. Francis, 345 F.3d 1071, 1079-80 (9th Cir. 2003)).
However, in the past 20 years the Alaska Department of Corrections (AKDOC) has denied all live/physically present witnesses other than the crooked cops themselves! In the face of clearly established Constitutional law the crooked cops only permit written interviews of our witnesses. The answer we get most often is, “that’s just not how we do things.” When or if we appeal, our appeal on this point is denied without reason.
Instead of throwing our hands up in hopeless despair, I encourage you to file your administrative appeal with the court after you exhaust your appeals with the AKDOC. There was an attorney who retired about 7 years ago, Jon Buckholtt, who would do administrative appeals for prisoners, about 100 per year. Cases have been reversed and then expunged on this point alone.
I also would encourage you to contact your local ACLU and/or file a §1983 civil rights claim. Take back your rights!
