Validated over False Evidence
In August of this year (2010), a prisoner and myself got into a confrontation about some stamps (verbal confrontation). We were on SEG (segregation) so we couldn’t get to each other, so instead of waiting till we come down he decided to set me up via mail containing STG(Security Threat Group) material. He used these gulags weakness and ignorance to set me up; them being ignorant of proper rules and regulations which orders them to mark all outgoing mail with the correct prisoner’s cell number. Knowing they don’t follow this rule which is set for obvious reason, he slid the mail out and the next morning the STG Sergeant White was at my door with my “rights” in hand.
Dumbfounded and confused (for I did not know what was going on as of yet) I asked what have I been written up for. He informed me that I had been written up for an A-14 which is the possession of anything related - by their opinion - to a PCO or STG. He told me it was for some mail I sent out which left me even more confused (for I still didn’t know I had been set up as of yet). He asked would I like to write a statement and I did so saying “I haven’t sent any mail out in two weeks, something is not right, this is obviously a set up! Rewind the camera, cameras do not lie!” I requested physical evidence at my hearing by checking the correct box on the statement form, and asked for camera review. Sgt. White informed me that they would review the camera which would show clearly if I had sent any mail out for the camera was somewhat directly in front of my door.
In the days leading up to my hearing my suspicion as to who set me up was confirmed after asking “tell the truth, did you do it?” a couple of times. The prisoner apologized and confessed to me that he set me up and after we solved the difficulties between us he manned up and actually wrote a confession, admitting it was he who sent the mail (in his exact words) “in retaliation.” Along with his confession, I managed to collect five other statements verifying that they heard the confession, making it six statements in all.
On the day of my hearing, I walk into the DHO’s office (Disciplinary Hearing Officer) with all the confidence in the world that I was about to beat this charge. When I sat down he said to me “well we can’t review the camera but this should be all the evidence we need” he said referring to my handwriting on the statement form. His idea was to compare my handwriting which I thought would also help me out.
I questioned him as to why he was not going to review the camera when I requested physical evidence to be at my hearing. He said comparison of the handwriting was all he deeded (which is circumstantial not physical). I did not understand how evidence that could prove my innocence could be denied. I then tried to give him the confession and the other five statements which he also denied! Saying “I don’t need that.”
You don’t need that? What? Evidence proving my innocence, both camera and statements, were denied. I was later told that “this is not a regular court of law.” Seriously! even if it’s not a “Regular court of law” all evidence must be reviewed in order to determine if I’m guilty or innocent. The end result was me being found guilty and now I’m sitting on segregation for an additional six months for something I had evidence that proves I’m innocent and they were aware of the evidence but denied reviewing it at my hearing.
Recently I ran across the Jailhouse Lawyer’s Handbook and I’m in the process of learning how to properly file a lawsuit. Further information is always helpful to aid in my battle against this corrupted facility. Violence is not intended by me… I will walk this out as legally as possible. I would like to hear some input on what you think about this case.
MIM(Prisons) responds: This is yet another example of false validation of prisoners who are being locked in control units. See the link below for more on our campaign against control units.
