Fighting False Charges for Staff Negligence
On November 4, Ms Jackson, a unit manager, refused to allow this political prisoner to go to work. The record does not clearly reveal whether her violation was racially motivated or relation for the victim's First Amendment activities. It subjected him to possibly being fired or written up for a Rule 25 violation, so he filed a grievance. A step One response was due but not received on November 24.
On November 8, the guards again abandoned their post at the pod sally port so I was unable to go to work. I waited a quarter hour in the designated location. Frederick Shaw, of the same race as Jackson but not me, showed up for "work" a couple of hours late. Instead of giving me a pass per policy, he wrote me up!
Gwenda McDuffile was assigned to "investigate." She gave me a statement form and stared into space and played with a computer mouse while I tried to defend myself against unknown allegations. I later was formally charged with three "offenses."
I was given two charges because of lies in Shaw's statement: a B3 for interfering with a locking device (the block slider?) and a B2.5 for being in an "unauthorized" area (the cell block instead of my assigned job location). The D.H.O. properly dismissed them but continued a more serious 'A' charge for investigation.
Frustrated by my refusal to plead guilty, McDuffie had written me up for writing a statement. Having some knowledge of constitutional law and State policy, I had briefly stated what I knew about McDuffie's "investigation" (she stared into space and played with a computer mouse) while not expressly contradicting my statement. McDuffie concluded, without citing any statute, rule or precedent, that my allegations could expose McDuffie to criminal liability.
I saw the D.H.O. again. The D.H.O. explained that a defense statement about a non-resident employee even if true and made in good faith is punishable per policy by a $10 fine, 30 days in the hole, 60 days sentence credits, 50 hours "extra duty" (slave labor), loss of three "privileges" for 90 days, and $10 trust fund withdrawal limit for 90 days. I know I also face added custody points and probable "demotion" back to close custody.
Officer Grainger was assigned to investigate McDuffie's write up. McDuffie's prior investigation having been unauthorized and otherwise in violation of state law. Although artfully worded, his report tended to corroborate my reports and proved that McDuffie's allegation was a lie. It further showed that I had been denied due process of law by collaborative efforts of McDuffie and Sgt. Gerald. The D.H.O. continued the case again, indicating that he would be discussing Gerald's illegal interference with an assistant warden before leaving the building. Such ex parte communications are unprofessional if not illegal, but common in North Carolina.