New issue: Nevada Jurisprudence and Prison Report Vol 4 nr 1

We received the following from our comrades via email, and decided to repost it here:

Nevada Jurisprudence and Prison Report

Vol. 4, No 1      “Veritas in Caritatis”              
Winter Issue 2014

THEME: “Audi alterum partem”: Listen to the other side!

 “Voice of the Nevada Jurisprudence and Prison Report”

E-mail:  nvjprudence@gmail.com    http://nvjprudence.wordpress.com

Statement of Purpose:

The NJPR Newsletter reports on current prison conditions, good and bad; more importantly it looks at and evaluates the legal processes and the substantive laws which are designed to keep men in prison: Pre-trial issues, probation and parole policy, sentencing structures, post-conviction law, and most important, the philosophy underlying policy in practice.

The purpose of the NJPR Website is to provide a repository of affidavits, declarations and grievances in Web-Dossiers organized by categories of intuitional behavior. Fundamentally, this is a whistleblowing organization trying to associate with other “transparency” projects at an intrastate, national and global level. We seek to identify patterns which can be utilized by the U.S. Department of Justice.

We invite any resident, and especially judicial officers of the Courts and government Administration to write letters to the NJPR.

Index to this Issue:

   Section One: Conditions

1. Ely Inside Exposé: Doctor’s Report, Pt. I
2. Prison Rape Elimination Act at NNCC
3. Prison Cold Cuts Lunch Reduced Again

Section TWO: Law, Equity and Policy
1.     Racial-Economic Bias Study Repressed (Pt. I)
2.     Update on NJPR Investigations

Section Three: Art, Culture, Education and Religion
1.    AR 750: Book Approvals Eliminated
2.    United States Government Manual
3.    VVA/ Veterans Update
4.    Poem: The Waiting Game

Section One: Conditions

1) Ely Inside Exposé
    From: Anonymous
    To: Mr. X

    Ely State Prison
    P. O. Box 1989
    Ely, Nevada 89301
    October 15, 2011

Dear X.,

I just read your letter of October 11,2011. Some of what I am going to tell you may surprise you.
I quickly discovered that *** was murdered. It was obvious from the medical records that we had that something rotten was going on at ESP. **** told me a lot about what was going on. The ACLU knew all about it also. It was their goal to improve the medical care for all the prisoners, not to avenge any wrongdoing or murder. The ACLU settled the case last summer and did not even tell me it was settled. I was going to depositions for the case for them. I called *** the ACLU lead attorney on the ESP case, and told her that I did not think anything would change unless they went to court and got the ring leaders indicted. She said that the ACLU was not interested in sending people to prison. They wanted to make things better for the prisoners.

I know that the medical care at ESP is just as crappy as ever! If you can get enough money to get your surgery, take it and get the surgery. You will never break the Good-old-boy network in Nevada government. You just might get yourself killed trying… there is no justice, only people with power and people without power. If you somehow got every player at ESP to confess on the stand they would never serve a day in prison. They would claim insanity, then claim a disability due to the stress working at the prison. The more you try to fry these jerks, the more likely you will lose everything.

I am an old fool. I still get a lump in my throat when I see the American Flag. I still believe in justice, and right and wrong. These people at ESP are as wrong as anyone can get. The ring leaders are EVIL! I want you to win! I would like for you to get a new trial and be st free. You may win money enough to get your surgery. The more they are afraid the truth about the deaths will come out, the more they will want to shut you up. You want to aggravate them enough to give you some money, but not enough to kill you. It is a fine line you have to walk. I will help you as much as I am able. I also know that I am hated by the ring leaders at ESP. if I continue to threaten them they will want me gone. I, however, am harder to kill than you are. So, for now I am concerned about you.

Keep your goal in focus and push onward at every turn. They are hiding your medical record because it alone proves them guilty. Private citizens have the right to see their medical record. Prisoners lose their individual rights. But… since this case pivots around your medical care, and you are acting as your own attorney, I don’t see how they can keep it from you. They will try to keep sections of your medical file from you, because they know what they have done to you for years by denying treatment for your spinal stenosis opens them up to liability. Not treating you is tantamount to medical torture. They know that!

You have been an amazing lawyer, and you dug up the facts that the defendants in your case tried so hard to cover up. Have you considered trying to obtain a lawyer on a contingency basis? Be well advised *** that the more people on your side who know what you know about the murders at Ely State Prison and the ensuing cover-up, the safer you will be.

I well know all the crimes committed by the warden and medical staff at ESP. I can imagine the frustration you must feel at being imprisoned by people who did far worse things than the prisoners. Keep in touch, and we will pursue this further.

Sincerely, Anonymous

[Editor’s Note: This is the first of two letters passed along to NJPR. The second will be published in the next issue. This professional account lends credibility to the editorial conclusion that exempting NDOC from political oversight of rule making protections is a BAD idea. The LAW needs to change. NRS 233B.039(1) (b) must be repealed, and the judicial branch must re-take their oath of office to uphold their Article VI duties to protect citizens from executive and legislative police and economic abuse of power.]

2)   Lies and Retaliation by CAL

My friend has utilized his life prison term to advance prisoner’s rights issues by standing up to the administration and pressuring them for reforms, through the grievance process. The inmate advisory committee and when necessary civil action my friend has brought about a safer more humane incarceration for many men and women in the State of Nevada.

My friend has been so successful that the prison administration has asked him on several occasions, through his capacity as an inmate Law Clerk, to represent people with certain prisoner’s rights and/or confinement issues. My friend attempted this past year to report the sexual abuse of another inmate in accordance with the Prison Rape Elimination Act (PREA). As a result of these efforts my friend is being punished; he was fired from his inmate law Clerk job, and was brought-up on a bogus notice of charges. His confidentiality in reporting a P.R.E.A. violation has been compromised and now my friend fears dangers of further official retaliation.

On 12/21/2013 my friend was “caught” passing a note to his wife in the visiting room. The note contains information regarding the sexual abuse and harassment of a mentally ill female inmate in the NNCC segregation unit at the regional medical facility (violating NDOC regulations). The note describes a serious instance and references have been made regarding numerous others being perpetrated by the correctional officers and male inmates. The note closed with a plea for help stating that no reporting echelon is too high to include even governor Sandoval.

My friend’s wife was also detained by correctional officers and prevented from leaving visiting until she gave-up the note. Upon learning the content of the note the correctional officer became a legally mandated “reporter” and should have initiated an institutional investigation in accordance with P.R.E.A. But, no such report has been filed, and the female inmate continues to be subject to abuse.

Now, to compound these issues the official disciplinary officer (who has previously been found guilty of misconduct against my friend) allegedly went around the operations building, in front of inmates and fellow staff, yelling “PREA! PREA! He’s claiming PREA!” this was reported by other inmates and staff present: Affidavits are being complied.

The disciplinary officer also reportedly threatened to “Out” my friend to other inmates and staff branding him as responsible for paper and pens being taken out of visiting and they’d take the kids’ crayons if my friend used the defense that the paper and pens are provided for inmates and their families. In other words, either my friend takes a fake charge or he gets a jacket put on him that he was the “stoolie” that ruined visiting room privileges for everyone.

The PREA report puts my friends life in danger from official retaliation by level reduction. My friend’s federally conferred right to confidentially report prisoner abuses in accordance with PREA has been maliciously disregarded. The federal government must responsibly oversee the state implementation of PREA. NDOC has violated protected anonymity and safety. The federal government must now wrest this abused power from the state and rectify these abuses while punishing those responsible.

[Editor’s Note: Contact D. Striplin, P.R.E.A. Coordinator, through interdepartment mail, or have family phone 775-887-3142, email dstriplin@doc.nv.gov.]

3)   Prison Lunch Reduced Again

The menu at NNCC was changed in the fall of 2013. But within two months there was some kind of backlash and the positive changes went backward.

The major problem with a prison diet is a lack of protein. The discontinuation of the hot lunch program about two years ago contributed to a severe calorie and protein deficiency.  In the fall, the warden improved the lunch by increasing total calorie and protein counts by give each man two sandwiches a day, not one. Also, the police were told to stop confiscating food coming out of the chow hall, like fruit and other breakfast item and dinner items, as doing so interfered with mens self-control of severe diabetes by self regulation of food intake. Making men eat all their food at one time, or not at all, has likely killed not a few men in NDOC. File Reports and complaints with:

State Health Officer, Tracy Green
NV. Division of Public and Behavioral Health
4150 Technology Way, Carson City NV 89706-2009

-OR-

Marena Works, Director
Carson City Health and Human Services
900 E. Long St., Carson City NV 89706

Section Two: Law,  Equity and Policy

1)   State Suppression of Social Study Evidence

NJPR has obtained the on-line Docket of the Supreme Court Commission called ASKT 160, which is an establishment of a “Task Force for the Study of Racial and Economic Bias in the Justice System”. From this on-line Docket mailed in, selections were requested from the Supreme Court Law Library via the generosity of a prisoner willing to buy excerpts at 10$ a page. This is a preliminary sketch.

One of the first items purchased was an Emergency Motion for the Supreme Court to adopt Recommendation No. 1 of the Final Report, which was filed contemporaneously, on June 18, 1997. We will discuss selections of the 81 Recommendations later with analytic comment. For now we deal with the Motion filed by the Chairman of the Task Force, Kevin M. Kelly, Bar No. 1600, of Las Vegas; [volunteers are currently trying to locate Kelly].

Kelly asks for the Supreme Court to “adopt” Recommendation No. 1, and that upon adoption, “then names will be submitted to the Court… as members of the implantation committee”. This is what Recommendation No. 1 states:

“It is imperative to establish a standing committee… to implement [the remaining 80 recommendations] related to disparate treatment within the system[1]. Such committee shall report annually to the Supreme Court… without the establishment of the standing committee the requisite implementation and monitoring of the recommendations is impossible”.

The odd thing is, the Docket (register of actions) does not reflect any Order responding to the Motion. No opposition appears to be filed by opponents of such a commission! So, whatever happened? What kind of judicial branch is it that fails to make a response to a motion filed with its clerk? The options are few—the judicial silence of non-responsiveness indicates either a broken or corrupt system. And it would be foolish to propose that the causes of the corruption can be attributed to a common psychological disposition of the Supreme Court justices. Such psychologism is a conceptual bias perpetrated by the state administrators themselves to serve as an effective mythological account that serves to conceal the other more likely account of objective, visible and measurable sociological account of the causes of officious lies.

The sociological cause of the Task Force is explained in its Final Report: the Las Vegas riots that erupted after the acquittal of the police state of Los Angeles after the beating of Rodney King.

Page 12 of the Report attributes the cause of the Study to be Elgin Simpson, an officer of a non-profit corporation, Community Peace. Yet, the report cites a theory of disposition of the “frustration” of citizens as a cause for the call for a Task Force. The sentiment was claimed in the report to be caused by “the perceived biases in all aspects of the criminal and civil justice system”.

The Report further states that the government was quick to infiltrate, dominate and coopt the Task Force with the presence of “numerous elected and public officials, including a Nevada Supreme Court Justice, Charles Springer.  Springer petitioned the Court for ADKT 160.”

The Task Force studied the following Issues:

Jury Issues, making seven (7) recommendations;
General Quality and Access to Justice, making nine (9) suggestions;
Juvenile Justice, making fifteen (15) demands for change;
Pre-Arraignment issues, making fifteen (15) demands;
Law Enforcement, making eleven (11) demands;
Sentencing Decisions, making (9) suggestions;
Assignment of Counsel, making nine (9) suggestions;
Death Penalty issues, with six (6) demands for change.

The Report states that Post-Conviction Issues needed to be studied, but the Task Force ran out of funds and manpower.
(To be continued…)

2)   Update on Prisoner Political Investigations

A fellow prisoner reports success in the fight for access to public documents for the AB 85 Advisory Committee to study the laws regarding sex offenses. The Legislative Counsel Bureau refused to deliver up until served with a Summons to Show Cause. Why the institutional lurking. NJPR investigations have hit a brick wall regarding the Access to Justice Foundation and the federal/ FOIA request to USDOJ regarding Washoe County Jail went into a black hole!

Section Three: Art, Culture, Education and Religion

1)   AR 750 Book Approvals Eliminated Hard Cover, Learning CD’s Next

The NDOC policy at its prison facilities has been maladapted for many year and been open to malicious misinterpretation by the few rotten apples in the barrel suffering a neurotic mental disorder manifesting as sadist “Needs” to inflict pain and suffering. Prisoner’s must be given credit of courage of self-defense and fighting for what is right, in the face of might and power.

The prison officials have made concessions—to their credit of good (albeit delayed) sense. The inmate no longer needs pre-approval; any suspicious books will be red-flagged by the property room sergeant and sent to the warden or book committee for final review, whose final Order will be grievable, presumably.

The hardcover issue is in a grey area. Currently only “Religious” hard cover books follow the Ashker v. CDOC standard (224 F. Supp. 2d 1253); but Sgt. Wagner always used common sense, and allowed the option of sending secular hard covers to be replaced by the book bindery for $7.50. but simple cut-off removal is anticipated because it is logically abused to allow inexpensive cover cut-offs for religious books, but not “secular”. The legal standard applies to both.

This same bureaucratic absurdity applies to Compact Discs. What is the “penological” interest in allowing in to prisoners music CD’s that sound like Satan Under Torture, yet refuse to allow Books on CD, language Learning CD’s and classical music? There seems to be a conspiracy to keep men crazy to keep the cycles of violence raging and the “prison industry” revenue flowing.
Sie sind Alles Trottels!

2)   United States Government Manual

This Government Manual is a listing of the Legislative, Judicial and Executive branch officials of the federal government. It is hugely recommended by NJPR. The law library at NNCC does NOT keep this on hand, nor does it keep an analog of a State of Nevada directory. The manual is usually offered at a steep discount after it is a year old, through Edward R. Hamilton Bookseller, P. O. Box 15, Falls Village, CT 06031-0015.

3)   VVA Veterans Update by CAL

The NNCC warden Isidro Baca has stopped all fundraising activities since his arrival in late 2012. Prison VVA Chapter 719 has donated over $100,000.00 over the last ten years to local schools. The squashing of such prisoner activity has only one penological purpose: to increase the pain of the prisoner, which has the corollary purpose of satisfy the blood lust of the sadistic element of society which apparently has gained control of public policy makers. The prisoner, to a man, tries to maintain hope, and to psychologically sublimate his status of social outcast to one of human normalcy. The government policy to enslave men is spelled out in the ordinance of its enabling act of statehood: “That there shall be neither slavery nor involuntary servitude otherwise than in the punishment of crime”. Taking away “normal” human acts of charity serves to intensify the social degradation of slavery. Allowing fundraisers world also serve the behavior modification intention of the ridiculous level system imposed by Baca, by increasing positive reinforcements to higher levels and negative reinforcement to lower-lockdown units by dint of deprivation. Go team!

4)   Poem: “The Waiting Game”

I missed my class of poetry
Because of legal bus’ness;
The legal fight to be set free
Is poetry no less.
But still I missed the guys—we talk
Of something other than
The daily grind of senseless squawk
Of this marginal clan,
Or other subject causing scandal
That scraps morality;
It’s par for course to be a vandal
In this convict city.
It really is the same for you
In chains invisible,
As is for us in convict blue—
We’re all a-risible.
So to my colleagues at the class
I miss you but I won’t
Give in to evil-hiding brass—
They try to scare, but don’t.
But waiting is the topic here
Let’s not forget my point—
I’m waiting for someone not my peer,
And beat it from this joint.

[1] The text calls for a monopoly of membership to such a committee by representatives of the “criminal justice community”, that is, the police power agents. The mention of “academics and concerned citizens” is an inept afterthought. This is to practice logical fallacy.
———-

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Ely State Prison: A Solitary Confinement Torture Dungeon in Nevada

This should be repeated and repeated until it is heard and changed by the legislature! Torture has no place in Nevada.

Reblogged from: Nevada Cure
Ely State Prison is a prison with most of its units on a permanent lockdown. Most prisoners are being kept in solitary confinement for years, which has been defined as possible torture, by the UN Special Rapporteur on Torture.


We received this Memorandum and Affidavit outlining the situation of the permanent lock down (solitary confinement) situation and the lack of distinction between a prisoner in General Population and a prisoner in Administrative or Disciplinary Segregation at Ely State Prison. The original is down below or here.

Please all take note and contact your representatives to change the situation for the better for everyone in Ely State Prison! Thank you.

 

To whom it may concern:

Please find accompanying this memo, a sworn, notarized Affidavit, briefly describing the horrible conditions of confinement, suffered by Nevada’s Maximum Security Prisoners, at Ely State Prison.

Please note:
The Affidavit is not an exhausted detail of the illegal conditions of confinement, at Ely State Prison, but only a brief description.

Finally note:
We, Prisoners at E.S.P., are requesting that you, your good offices, please afford us any support available to you, on our behalf. 

That we, who dare to speak out and expose the truth of Nevada’s secret solitary confinement, torture dungeons, are… in advance, profoundly grateful, and thank you, your good offices, for your leadership, strength and courage.
“The poor, voiceless prisoner class of E.S.P.”
———————————————————————-
Affidavit of Manuel Winn.
State of Nevada, County of White Pine }SS

I, Manuel Winn, being first duly sworn upon oath, deposes and swears to the following:

That I am the Affiant herein.

That I am of sound mind, good physical health, and above the age of 21 yrs old, therefore qualified to testify to all matters herein.
That I make this Affidavit in support of any motion, pleading, or document, filed by or on behalf of Manuel Winn, and or  prisoners housed at Ely State Prison.

That I make this Affidavit in opposition to any motion, pleading, or document, filed by or on behalf of the State of Nevada, Nevada Department of Corrections.
That I am an Inmate within the Nevada department of Corrections.

That I am housed at Ely State Prison, by the State of Nevada, Nevada department of Corrections.

That I have been housed at Ely State Prison since March of 2011.

That I have been classified as a General Population inmate at Ely State Prison since my arrival here on March, 2011.
That all inmates housed at Ely State Prison, who are classified as General Population Inmates are confined to our cells for a minimum of 23 hours a day, every day.
That all inmates housed at Ely State Prison, who are classified as General Population are forced to be double celled (two inmates housed in each cell).
That all inmates housed at Ely State Prison who are classified as General Population inmates, who refuse to be double celled (two inmates housed in each cell), are threatened with being housed in a segregation unit, served with a notice of disciplinary charges, sanctioned to loss of commissary, privileges, arbitrary cell searches, confiscation of personal property, loss of incoming and outgoing mail, and reduction in the amount of food received from culinary officers.
That all inmates housed at Ely State Prison, who are classified as General Population inmates, are not allowed personal access to the gym, nor the main yard, nor the legal library, nor the education building, ever.

That all inmates housed at Ely State Prison, who are classified as General Population inmates, are not allowed outside of our own cells, except for 45 minutes a day, approximately 5 days a week, for physical exercise, in a very small enclosed pin-area, by ourselves or with our cellmate only.

That there is at all times approximately one thousand (1,000) inmates housed at Ely State Prison.

That there is at all times approximately 400 (four hundred) inmates housed at Ely State Prison, classified as General Population inmates.

That there is at all times approximately 400, four hundred inmates housed at E.S.P. classified as segregation inmates, disciplinary segregation, administrative segregation, and protective custody segregation.

That inmates housed at E.S.P., who are classified as Segregation inmates are housed and exercise identically to inmates housed at E.S.P., classified as General Population inmates, except that:

a)      All Segregation inmates are housed alone in single occupancy cells,
b)      Disciplinary Segregation inmates are not allowed to order edible items from the commissary and are only allowed an orange jumpsuit for clothing.
That there is at all times, approximately 70 inmates who are classified as Workers and allowed to work at E.S.P.
That inmates housed at E.S.P., who are classified as Workers, are the ONLY inmates allowed the following privileges:
a)      Personal access to Legal Library Thursday morning 9:00 am to 10:30 am, and Thursday afternoon(s) 12:00 am to 2:15 pm only.
b)      Personal access to gym, twice a week, for approximately 2 hours in the morning and two hours in the afternoon.
c)      Personal access to the main yard on Friday, Saturday and Sunday, for 2 hours in the mornings and 2 ½ hours in the afternoons.


Further Affiant says not.
Dated this 29th day of January, 2014.
Signed.