I saw an article in your paper called “California Guards Set Up Fights,” November 1, 2003. I would like to tell you my story.
In 2002, I was incarcerated in Lancaster State Prison. On August 12, 2002, there was an alleged assault on correctional staff, by two black inmates. Lancaster State Prison went on lockdown “immediately.” Now when this alleged assault took place on D-yard, I was locked in my cell. I did not find out what happened until other inmates were escorted back to their cells by correctional staff.
On August 15, 2002, a medical technical assistant said that he/she believed that he/she had seen a spear type weapon in my cell. My cell was searched and they found nothing. On August 18, 2002, I and eight other black inmates were handcuffed and escorted to the sergeant's office. From there each one of us was told that we were being charged with “conspiracy to murder staff.” All nine of us were read our Miranda rights and all nine asked for a lawyer, which we were all denied.
After we were taken to administrative segregation, the sergeant also issued us a vague insufficient confidential information disclosure form, which states: Inmate P. (me) was involved in the conspiracy to murder CSP-LAC staff. The confidential informant was so vague that the 1030 didn't warrant being in my central file. The correctional department put out an “Administrative Bulletin 98/15: Use of confidential information in disciplinary hearing.”
Even though I never received a CDC 115 rule violation, the confidential part of the bulletin still applies to me. (A statement in support of CCR Section 3321 (C) (1) Detailing the past information provided and why the confidential informant is considered reliable for the current incident, Cato v. Rushen.) No Statement in support of! (No decision shall be based upon information from a confidential source unless other documentation corroborates information from the source, or unless the circumstances surrounding the event and the documented reliability of the source and satisfies the decision makers that the information is true.) There is no corroborated documentation. Also, it shouldn't satisfy the decision makers that the information is true. (Whether the current information is first hand or hearsay, Toussaint v. Rowland, N.D. Cal 1986, 597 F. Suff. 1388). It never says!
Lancaster State Prison doesn't go by their own rules by the Title 15 and federal laws. How are we supposed to fight the system? What, through the (602) process that was made to fail. Anyway, I got side tracked. It was important that the confidential part be said.
After we were taken to administrative segregation, an investigation was launched by Lancaster. I went to several classification committees, in which I expressed that I was innocent of the charge and expressed that I was being illegally detained in ASU and asked to be released back to general population which I was denied pending investigation.
On December 19, 2002, the investigation was complete. I was cleared of the “charge of conspiracy to murder staff” but now I receive a CDC 128B information charge that I trafficked drugs in Lancaster State Prison. This is an untrue statement. There is “no evidence” of me ever trafficking drugs. Also I never received a rule violation for any of the sort. “Just because a person says it's so doesn't mean it is so.” But now I have that label on me.
From January 2003 to August 2003, I went to several classification committees, to which I expressed again that I was being illegally detained, and wanted them to release me back to general population. I was denied and was told that I would remain in ASU pending transfer.
On September 22, 2003, I was transferred to High Desert State Prison, so we had a layover at Wasco Stat Prison. So on September 23, 2003, I made it to High Desert State Prison. I went through the R&R process. I was sent to B Yard to start my new program. A Lt. told me that he knew all about Lancaster and I would get a fresh start here.
I got to 2 Block around 12:30 AM to 1:00 AM in the morning and was put in a cell by myself, which wasn't a problem. I cleaned up the whole cell before I went to sleep. When I woke up, breakfast was being served. I couldn't leave the cell until I went to classification. So all day black inmates came to my cell and introduced themselves. They made sure I got cosmetics, etc. that I needed.
After dinner, I was told to roll my property up because I was being moved. One place I didn't want to go was C Yard, the reason was because they were on lockdown for a riot between the black and white inmates. Plus I know that C Yard was going to be on lockdown for at least a year. C Yard is a 180 designated yard and B Yard is a 270 designated yard, which is where I belonged.
I was given “no reason” why I was being sent to C Yard. The only reason I could think was retaliation for what happened at Lancaster. Now I didn't realize that there was a confidential memorandum addressed to M.Y., Warden of Lancaster State Prison. Subject: Conspiracy to murder staff at CSP-LAC in my C-File. This shouldn't be in my C-File at all. I would love to send you a copy so you can see for yourself. But my mail will be read. In this memorandum it shows a list of 26 suspects that were in the hole for conspiracy to murder staff. I am not one of the suspects on the list even though I was in the hole for the same thing.
Now I was put on C Yard Building 4/Cell 131. Please understand that I spent 13 months unlawfully in Lancaster State Prison ASU. I'm put on C Yard and I'm about to be locked down for at least another year never getting a chance to program. From September 23, 2003 to December 2004 I was on lockdown with the rest of C Yard. I was on lockdown for a total of 27 months. I was moved to 2 Block because High Desert State Prison was starting a step unlock meaning black and white inmates had to go through this unlock program in order to come off lockdown. The program was starting in 4 Block. I didn't make the list to stay in 4 Block and start the program, reason unknown. The next block to come off lockdown would be 3 Block, 2 Block and 1 Block. 2 Block didn't start coming off lockdown until the last week of December 2004. After 27 months I finally get to go to yard.
Most of the time I'm in the law library doing legal research. I filed a USC 1983 civil suit against Lancaster State Prison. The courts are trying to dismiss my claim. I wrote so many lawyers for help and was denied. Why is it that lawyers are not willing to help inmates out? December 2004 to January 14, 2005: program is running somewhat OK minus a few yards that we missed due to snow. Even though the yard was canceled, the law library still ran. January 14, 2005 was the last time I got to go to the yard. There was so much snow on the ground that High Desert State Prison changed up the yard program. A2Bs out of 2 Block were not scheduled to get yard until January 26, 2005. A2Bs are inmates that are not assigned a job.
Now on January 24, 2005, high Desert State Prison went on lockdown once again. A correctional officer got assaulted on either B Yard or D Yard so the whole prison was on lockdown, and each cell on each yard was going to get searched. When the whole prison is on lockdown, ether is “no movement.” Inmates are handcuffed when they are escorted anywhere.
By February 14, 2005, High Desert State Prison is still on lockdown. On that same day, my cellmate and two other blacks and I were escorted to the sergeant's office and charged with “conspiring to assault staff.” I never met the other two inmates before. First time we met was when we were in the cages in the program office. We were all given a vague and insufficient confidential disclosure form, which states: That you along with other inmates on facility C are conspiring to assault staff. This is another false allegation. First off I haven't got to go program yet. I think I got to go to yard around four times in January from January 1st to 14th 2005. Now, why would I conspire to assault staff when I just went through this in Lancaster State Prison. Plus, I would never talk to anybody about doing harm to staff or inmate. On C Yard I lived in A-Section in 2 Block. There are three sections to a building, A, B, and C. [Note: a drawing here illustrates that each section is divided by walls and that the author and his cellmate were in section A, and other two inmates were in section C, and that they were divided by a wall, section B, and another wall.]
How can my cellmate and I conspire to assault staff when we lived in two different sections. Plus we had been on lockdown since the 24th of January. It can't be done. If I yelled in my section loud enough, C section still couldn't hear me. Now I spent 30 days in administrative segregation. I was cleared of the charge once again. But if someone says that I'm conspiring to assault staff, I will be sent to the hole again. All this is a retaliation against me for what happened at Lancaster State Prison. Lancaster's arms can reach anywhere in California.
I would like to know if you can help me out on the legal side by pointing a pro-bono civil lawyer in my direction. It would be nice to have one come up here, so we can sit down and talk about my situation. Also to help on my USC1983 civil suit against Lancaster State Prison. You can print any part of this letter if you want. Can you please put me on your mailing list to receive your (MIM's) paper? I like how MIM talks about California prisons. Thank you for your time and attention.
--A California Prisoner at Susanville, March 2005