“Evaluate the effectiveness and efficiency of the Department of Corrections… with consideration as to whether it is feasible… to establish an oversight or advisory board…(c) policies for the operation of the Department of Corrections;”
In: Las Vegas Sun, Dec. 16, 2013
By: Ana Ley
We have another case Mr Tragale filed which contains complaints about a few employees of NDOC who are alleged to be abusive towards prisoners. We will soon post that case here too.
Please write to your Legislator and Director Cox of NDOC to ask them to have an independent commission look into these alleged abuses, and have them stopped.
NV-CURE has not conducted an independent evaluation of Mr. Tragale’s claims. However, such an investigation must be conducted by a person that is fair and impartial. The truth and actual events must be made public and scrutinized by the Legislature. Please e-mail / write NDOC Director COX and members of the NV Legislature with your views and opinions on this matter.
From: MyNews4, reported by Joe Hart, on July 16-18th, 2012
Tonja Brown of Carson City says a computer glitch is the reason her brother Nolan Klein died in prison.
Klein was convicted of rape in 1988 and served 21 years. He died while serving time at the age of 54.
But Brown— who recently won a $50,000 settlement from the state after claiming her brother received inadequate medical care in prison, says Nolan should have been released. She says a computer glitch kept him from getting paroled.
“Because the day before the computer glitch went into effect we had it in writing by the attorney general he was not a threat to society,” Brown told News 4.
In fact a letter, dated june 4 of 2007, from Attorney General Catherine Cortez Masto recommended that quote “Klein be afforded parole at the earliest parole eligibility dates.”
But the very next month in July of 2007, Klein was denied parole. At the time the parole board was not required to give a reason for its actions. But a copy of Klein’s record shows two felony convictions dated June 5 of 2007. The month before Klein came up for parole and the same month the department of corrections switched over to a new computer system. Brown says a computer glitch was to blame since her brother was — in prison — in June of 2007.
“Clearly he did not commit a crime in June of 2007,” Brown said.
But prison officials insist no inmate has been impacted by a computer glitch.
So we asked Rex Reed, head of the offender management division for the prison system to explain how these new charges showed up on Klein’s record in 2007.
“That was one of those instances where the date was changed from the from the actual that the crime occurred and was stamped with the date of the new computer system,” Reed told News 4.
Read the rest here:
From: CarsonNow on 16th July 2012
100,000 Call For DA To Allow DNA Testing In Kirstin Lobato Case
Kirstin “Blaise” Lobato
In an act of pure negligence, the police interpreted Lobato’s statements about the May 2001 rape defense as a “confession” to the July 2001 homicide, which actually occurred several weeks later on July 8. This so called confession led to Lobato’s wrongful conviction in 2006.
Lobato’s case has garnered a great deal of support as she continues to fight for her freedom. Six innocence groups are currently working on her behalf. The Justice Institute, Proving Innocence, Worldwide Women’s Criminal Justice Network, the Innocence Project, the Association in Defense of the Wrongly Convicted, and Injustice Anywhere.
In addition to the support mentioned above, the organization Justice4Kirstin has worked tirelessly on Lobato’s case and thousands of people are taking notice of their efforts. The Change.org petition created by Michelle Ravell from the Justice4Kirstin team has been a huge success. At the time of this writing, the number of signatures continues moving upward at an impressive rate.
The petition urges Clark County’s District Attorney Steven Wolfson not to file any opposition to Lobato’s Appeal to the Nevada Supreme Court, and requests that he allow the Innocence Project to conduct DNA testing and re-testing of crime scene evidence.
Those who have followed the case are not surprised by the support Lobato is receiving. The facts of this case are crystal clear. Kirstin Lobato is innocent. Lobato’s Habeas Corpus petition includes affidavits of numerous expert witnesses including renowned entomologist Dr. Gail Anderson who concluded that the time of death was late in the evening and could not have been as early as contended by the prosecution. This would mean that the crime had to occur at a time when the prosecution conceded that Lobato was in Panaca 170 miles from the crime scene as verified by numerous eyewitnesses.
In addition to Lobato’s rock solid alibi, she also passed a polygraph administered by highly-respected Ron Slay whose work is frequently used by prosecutors. Additional proof verifying Lobato’s statements was provided by eight people who gave witness statements to the police that Lobato discussed her attacker’s failed rape attempt prior to the July 8 homicide, proving that her statements had absolutely nothing to do with Bailey’s murder.
Lobato’s case is the clearest case of a wrongful conviction that can be found. There is absolutely no forensic evidence linking Kirstin Lobato to the murder of Duran Bailey. In fact there is no evidence of any kind. Support for Lobato will continue to grow until this miscarriage of justice is corrected. How many signatures will it take before District Attorney Steven Wolfson takes notice?
We received these sympathetic obituaries from a friend of Randal N. Wiideman, who sadly passed away on October 23rd 2011 in Ely State Prison:
I first and foremost open with Revolutionary Greetings, all my utmost Bigtime Bulletproof Respect in Solidarity and, A true venomously warrior salute! With all due Respect to the Row and the stretched out: keep your head held high above water and never allow anyone to robb you cut off your peace. Trapped in the shadows of the murderous, through the valley of mischievous darkness and, from my grave to yours, welcome to death row.
On October 19th, 2011, a dear friend Randal N. Wiideman exclaimed to me that he was not feeling very well. The following morning on the 20th he pleaded and requested to be seen, along with the evening pill call to no prevail. Both times the nurse told him to fill out and send in a medical request kite, of which he had already done so previously and, again at that time. A repetitious occurrence of events took place on the 21st, with the same reference to submitting a medical kite, of which by this time he had compelled 3, with no response. In the afternoon of the same day Randal pressed the alert button and asked the officer to call medical and demanded to be seen. When the officer came on the tier several hours later, he told Mr Wiideman that medical did not even respond to him. So Randal once again commenced another medical kite and again advised the nurse at pill call of his diminishing condition, who continuously only insisted on putting in a med. Kite. The following day on the 22nd, it wasn’t till a nurse came through handing out nailclippers that the same officer who called the previous day, told the nurse out of concern of Randal’s deteriorating condition. The nurse took one glance at him and 15 minutes later, they were taking him out of here in a wheelchair to the infirmary. On the 23rd during morning pill call I asked the nurse how he was doing and he said: “He’s doing real good and just resting.” At 11:00 AM count time, the officer counting stopped at my grave and said he passed away an hour ago.
If responded to accordingly, I know his inevitable “[m]urder” could have been prevented. Today is 2-9-12 and , 3-4 weeks ago another inmate passed away in the infirmary… don’t know who or how but, I’m certain we all know who’s behind it. I myself obtain serious medical deficiencies and, due to several lawsuits, I can’t get a nurse to flip me off… let alone acquire any adequate medical care, treatment or education. The list is long of all the human beings who have lost their lives in the hands of the injurious, malignant, ideological, hipocricy that we call Ely State Prison.
During, before and after the Riker case settlement, I have continuously written Amy Fettig who was the head counsel from the A.C.L.U. on that case. Though the plaintiffs received no money, Amy Fettig received a #325,000.00 check from that case. Now all the responses from the ACLU refer to the Riker case and avoid answering the letters addressing serious issues no matter how critical they are. Part of the settlement stipulation was that the appointed monitor give a 3 week notice prior to any visit… to give the NDOC 3 weeks to set the stage for that dog and pony show.
So, who’s on death row? If you are a warrior trapped in Ely State Prison and your eyes read upon these words… you better hope not to get sick on the watch of the bloody hands of E.S.P.!
How many more of us have to die? God bless the dead, as I tip the rose and close how I opened.
For any words or encouragement, support or leads to legal assistance, feel free to hit me up… and I’ll catch you on the rebound.
Amadeo J. Sanchez, #64781
P.O. Box 1989
Ely, NV 89301
Randal N. Wiideman #22306, Rest in Peace, was the Grandson of the late great Charles “Lucky” Luciano, who was inevitably taken from us on October 23, 2011.
He was, is and has been nothing but an uttermost, divinely blessing to me and, upon many others who have had the honor and opportunity to cross paths and rub shoulders with him. He had a really big heart of gold, a beautiful spirit and was very knowledgeable, with the energy and drive that would make you believe that he was truly half machine. I’ve never met or encountered anyone my whole life who was as surgical and lethal as he was with legal work. Making the impossible a handreach away, giving hope to the hopeless, the world to the havenots, while being detrimental to the N.D.O.C. and court system.
He was colorblind to race and would help anyone without judging them. Some of us “convicts” would look down on one, for some of the people he helped. He looked past the dramacydal ignorance and only saw, helping another human being in need of his help. Breaking through barriers and walls of diversity in a cumulative way as he did, is so very rare, especially in this diminishing multicultural environment where hate is harvested all year around.
I’ve seen him get a handful of life sentences reversed and thrown out, cut time off of other people’s sentences as well as commence tons of lawsuits. He loved, ate, drank and breathed law and, though many of us resist in the physical form to strive to bring change to the struggle of darkness we all endure. He was very much on the same page, except… he was doing it with a pen, a torch to bring light to our path and, with the only language this system understands. Randal: you are very much appreciated and will be missed, loved and in our hearts, thoughts and prayers. From the cradle to the grave you will never be forgotten, Rest In Peace and sleep with the Angels.
Public Enemy #1
We received this from Nevada-Cure:
By Gilbert Paliotta
I’ll start from where things went bad for me…. In 1998, Ely State Prison Administration housed me in a cell with a known “Gang Enforcer” (that’s how he was listed in their files) who was recently transferred to this prison from another one due to his numerous assaults and batteries on other inmates. A week before they housed me with this guy, he had been released from the “hole” (punitive segregation) for cracking open the head of his last cellmate with a metal hotpot and ripping his eyeball out of its socket.
Administration moved me in the cell with this guy; and, to save you from the gory details, a fight ensued and he lost his life.
Did I mention that he was over six feet tall and a solid two hundred pounds and that I am only five nine and one seventy? That up until 1998 I was labeled as a “ model inmate” (nothing to brag about but it’s better than being labeled a “Gang Enforcer”)? That ESP administration had prior knowledge revealed by the sheriff’s office that this guy was ordered to “hit” (kill) his last cellmate and yet they continued to cell me up with this guy?
I was found guilty of murdering my cellmate even though it was clearly self-defense. In my prison disciplinary hearing I remained silent because I was facing criminal charges by the State of Nevada, but the disciplinary committee simply found me “guilty” without allowing me to defend against allegations, sentenced me to the maximum penalty in punitive segregation and illegally placed me on “high risk potential” (HRP) status, the most extreme and restrictive status an inmate can possibly be placed on, even worse than death row, not an accusation but a proven fact.
The warden at the time (McDaniel) left me on the HRP status until 2005, long after my punitive segregation sentence had expired, ignoring my repeated attempts to be taken off said status and sent back to the general population. He stated he would not take me off HRP status until he considered me “no longer a threat to staff and inmates”.
In 2005, Warden McDaniels finally removed me from HRP status but did not send me back to the general population. He told me to give him six months. It’s now 2012 and I’m still not back in general population.
They keep me on “administrative segregation” under the guise of “safety security” reasons, which is a contradiction or the warden would not have taken me off HRP in 2005.
During this time I filed a Civil Rights complaint (or rather I tried to) regarding the prison holding me hostage all of these years in segregation, it was dismissed. Had I had some help, that would not have happened. I had them dead to rights on that lawsuit.
Since they continue to keep me segregated when they have released other inmates who have been found guilty of murder of another inmate back to general population, I am beginning the steps of filing another separate complaint. This one will be from the date my prior lawsuit was dismissed.
And it gets worse…Physical abuse as retaliation
Administration didn’t like that I filed a lawsuit against them. In 2008, the guards assaulted me while I was handcuffed and had leg restraints on. Two days later, they assaulted me again while I was handcuffed and restrained. Of course, they twisted it up saying it was the other way around but how does a person attack two guards while he’s in full restraints?
In 2009-10 I was engaged to be married and was receiving visits every three months from my fiancée’ who traveled all the way from England.
Again, administration disrupted my life as I knew it. That lawsuit! After one of my visits with my (now) ex-fiancee, they said they found a pair of panties on prison grounds and that she gave them to me. This is major. I was strip searched three times before and after visits by five different guards and at no time was a pair of panties or any contraband for that matter ever found in my possession or on my person. During my disciplinary hearing (they charged me with possession of contraband’ for these alleged panties I allegedly received from my fiancée). I requested numerous witnesses, who all told me that they would testify on my behalf, and the video surveillance from the visiting room on the date of my fiancée’s visit to be introduced as evidence. The sergeant and lieutenant who handled this disciplinary hearing flat out refused to call any of the witnesses (all of whom were ESP staff) and refused to introduce the video surveillance.
They found me guilty of “possession of contraband”, sentenced me to a year punitive segregation and took my visiting privileges for one year.
I now have a civil action pending in federal court that is at the summary judgment phase.
In the process I lost my fiancée because she’s terrified to come back, thinking next time they will do something else worse to her.
My family members are hesitant to visit me for those same reasons.
Allow me to back pedal in time.
Eleven days after my last visit with my ex-fiancée (Michele), a pair of panties was again found on prison grounds!! The sergeant sent guards to my cell, strip-searched me and tore my cell apart, breaking items of my property in the process.
Get this, I was nowhere near where the pair of panties was found nor was I even outside. In fact, I had not even gone outside my cell since they lied about the first pair!
All of this is documented in the lawsuit and can be proven.
Also, during my disciplinary hearing (which is recorded) the lieutenant even stated, “No one is accusing you of being in possession of contraband.” He still found me guilty.
I’m waiting to see what the repercussions are going to be for filing this lawsuit I have now in federal court.
Maybe I just don’t care no more. After losing my fiancée I silently pray someone puts me out of my misery because I am in the process of writing a separate civil action in state court challenging the prison administrations lack of institutional protection of the laws in regards to religious practices: not allowing inmates to freely practice their religion.
I’ve been through the riots; I’ve fought administration both physically and on paper. It is impossible to do this alone. All I have is a rubber band and a paper clip.
I read these so-called prisoner support groups articles about how they fight for us, stand with us , etc. I find that to be carrots on a stick. To be honest, I don’t think they even exist. What “help” or “support” have they given to us? Nobody I know has benefited from their services.
I am not accusing you of anything, I don’t know you.
It’s just that I’m so fed up with of this. Losing someone you genuinely love because of the actions of someone else is crushing.
Have you lost a loved one or had an engagement called off? I sincerely hope that you haven’t nor ever have to experience that, but, if you have, multiply that by a dozen, topped off with the loss of seeing your family members as well.
Michele and I overcame major obstacles, living in different countries, me in prison, us being different nationalities and personalities among other things. Now imagine all of that being destroyed because ESP administration wanted to destroy the last bit of happiness I had in life.
I try to better myself each everyday both mentally and physically by reading everything I possibly can and maintaining a workout routine. I share whatever knowledge I have with anyone that asks but I’m limited. I cannot reach beyond these prison walls without support.
No one thinks they will ever be in such a position as I am in, but if it can happen to me, if can happen to someone you love. Please support prisoners in their fight for justice and fairness.
Gilbert Paliotta #46244
P.O. Box 1989,
Ely, NV 89301