Nevada Cure Meeting Agenda for Dec 28

Nevada Cure MONTHLY MEETING AGENDA: Next meeting is in Las Vegas 28th December at 6:30 PM.

Meeting Location:
Conference Room
Law Office of Gallian, Wilcox, Welker, Olson & Beckstrom, LC
540 E. St. Louis Ave.
Las Vegas, NV 89104
702.347.1731
nevadacure.org
nevadacure@gmail.com

Conference Call Number and Code:
712-451-6000
Code: 493815 #

Here is the Agenda for this meeting.

Please become a member of Nevada Cure (only 10 USD for those on this side, 2 USD for those on that side of the wall). Together we can make more difference and positive changes!

Brochure of Nevada-Cure for more information.

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Tonja Brown to Prison Commissioners: why are you trying to silence me and evidence in Public Records?

From Tonja Brown, per email of Dec 9th 2011:
Deputy A.G. GEDDES WAS AT THE BOARD OF PRISON COMMISSIONERS MEETING AND HAD EVERYTHING I SAID AN PRESENTED STRICKEN FORM THE RECORD:

To be placed on the Record of the Board of Prison Commissioners hearing set for December 5, 2011.

Tonja Brown, Advocate for the inmates and Advocate for the INNOCENT.
As an Advocate for several years I have witnessed the abuse of retaliatory behavior, discrimination, illegal acts committed and Slanderous statements made by NDOC as well as other State Agencies.

Recently during the Discovery Process in the litigation in Tonja Brown v Skolnik, et al., Case No. 157:10-cv-00679-ECR-VPC exculpatory evidence has now seen the light and it has had a profound impact on my Constitutional Rights as well as other inmates Constitutional Rights.

Because of this newly discovered evidence that had been withheld from Nolan Klein, inmates, and myself it now raises concerns and an investigation must be conducted by an outside Agency into the NDOC, Attorney General’s Office, and the Inspector General’s Office.

Governor Sandoval, I am requesting that you ask for an outside Investigation into the Attorney General’s Office for Constitutional violations eg. withholding exculpatory evidence aka BRADY VIOLATIONS. It is apparent that the Attorney General cannot conduct any kind of an investigation into her own office because it would be a conflict of Interest.

I am demanding a letter of apology from NDOC, the Inspector General’s Office, and the AG’s Office. attached letters from Fred Huston, and Docs. NDOC 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935,

I am asking that this Board of Prison Commissioners file a complaint with the State Bar of Nevada against certain D.A.G.’s, William Geddes, Janet Traut for what I believe to be violations of the inmates Constitutional Rights and private citizen’s.

For example Documents H & H 1084- 1089 a 2008 LETTER TO JANET E TRAUT, Senior Deputy AG, from NDOC Rev. Dr. Jane Foraker-Thompson regarding inmates Michael Spencer’s and his suit.

Michael Spencer v Glen Whorton, et al USDC Case No 3:07-cv-00635-LHR-VPC. This letter details the NDOC’s discriminatory and retaliatory acts made against certain Earth Based religions, aka Wiccans. Did Mr. Spencer ever receive this letter to be used to benefit his case? Or was it never turned over? He now has it on appeal in the 9th Circuit Court of Appeals.

In Don Helling’s August 5, 2011 deposition in Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC pages 91 – 93, states that in 2007 “We converted over to a new system in ’07, July of 07, which means all of the old data was flipped over into the new information system and whe the information was flipped, and that –that errors occurred.”

It appears that in 2007 inmate(s) had false felony charges placed on their OFFENDER INFORMATION SUMMARY AND THEY ARE NOT AWARE OF IT. There are other pages that refer to this problem too.

Then I refer you to inmate Joe Carpino’s 2011 letter. In June the AG’s office turned over some of the Discovery which clearly shows that 2005 Mr. Nolan Klein’s GANG AFFILICATION is WICCAN This is referred to in the August 5, 2011 Deposition of Don Helling pg 156, NDOC 001642.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC

It is apparent that the Settlement Agreement in Klein v Helling 05-390 case was in non compliance, because, in 2009 he filed suit again in Klein v Corda Case No 3:09-cv-00387-LRH-RAM. One has to question that if this case was really settled then why was he taking it back in 2009, and why is the AR 810 still listed as a TEMPORARY AR? Don Helling’s deposition will become a part of the record.

You have NDOC illegally listening in on legal phone calls between inmates and their attorneys going back from the 1990’s through 2009 at least at 2- 3 Institutions.

2008 Case Don Evans, John Witerow, v NDOC ?? Interrogatories of Don Helling and Howard Skolnik.

July 29, 2011 Reports and Recommendation in the case. This case clearly shows that the Law office of Hager and Hearne were being illegally listened in on in Witherow when he would call the office of Hager and Hearne. This is now in Settlement negotiations. It should be noted that Nolan Klein was one of those whom NDOC illegally was listening in on it was documented and he received a letter of apology in 2004.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC Deposition of Don Helling page 148, and Deposition of Howard Skolnik August 12, 2011 page 71-72 refers to John Witherow, Don Evans case.

The ongoing of illegally opening up of legal mail. Documented and should be be placed on the record for the Board of Prison Commissioners December, 5, 2011 meeting, Letter from Joe Carpino and from attorney Travis Barrick. Mention of Wiccans and opening up legal mail.

Below: These Documents are a PUBLIC RECORD IN THE TONJA BROWN v SKOLNIK CASE. AND YES I CAN PRESENT THESE DOCUMENTS TO THE BOARD. These are NOT CONFIDENTIAL DOCUMENTS AS D.A.G. GEDDES HAS PUT ON THESE DOCUMENTS. There was no court Order to authorize this as a Confidential Document. Mr. Geddes was silencing my voice, my first amendment to clear my name. Everything that exonerated us from these slanderous accusations. They withheld the documentation that cleared us thereby violating Brady material, and unlawful prosecution.

Don Helling’s deposition page 173. WHAT IS EXTREMELY CRUCIAL HERE IS ON PAGE 173 WHAT Mr. GEDDES SAID. Attached.

This is a prime example how the inmates have been treated unfairly over the years, because, not only did they do this to Nolan Klein, an innocent man they did this to a me, a private citizen in order to silence me from reporting the abuse within the system.

This exculpatory evidence was withheld from Mr. Klein, and myself and several other state and federal agencies. NDOC continued to keep the false, aka lies in their files knowing that we had been cleared of any wrong-doings. They continued to spread around these Slanderous investigative reports instead of removing the information that they knew was not true. They have continued to Slander, defamation of character of our names.

The State of Nevada has caused me to become physically ill and emotionally distressed from these false accusations.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC NDOC 00028 – 00036, 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935, AUGUST 5, 2011 Deposition of Don Helling to be placed on the record.

BRADY V MARYLAND

Tonja Brown
2907 Lukens Lane
Carson City, NV 89706

This is only a portion of the violations that come to my mind in the case of Tonja Brown v Skolnik, Klein v Helling, Michael Spencer v Glen Whorton, et al USDC Case No 3:07-cv-00635-LHR-VPC. Religious issues
Don Evans, John Witherow v NDOC, phone calls.

NRS 199.210
Offering false evidence. A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

[1911 C&P § 92; RL § 6357; NCL § 10041]—(NRS A 1971, 150; 1979, 1421; 1995, 1175)

NRS 199.230
Preventing or dissuading person from testifying or producing evidence. A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:

1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.
[1911 C&P § 94; RL § 6359; NCL § 10043]—(NRS A 1967, 465; 1979, 1421; 1983, 1683; 1995, 1175)

NRS 199.150
Attempt to suborn perjury. Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor.
[1911 C&P § 86; RL § 6351; NCL § 10035]

CONSPIRACY
NRS 199.480 Penalties.
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means, each person is guilty of a gross misdemeanor.
[1911 C&P § 112; RL § 6377; NCL § 10061]—(NRS A 1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343)

Note: because the document is in PDF format and we cannot reproduce it, nor do we have a link to it, we can however copy-paste Page 1, p. 91-93 and 230-232, plus the last one, p. 237 (of 237) here. For a PDF of this document, please contact Tonja Brown. This should also be available in the Minutes of the Board of State Prison Commissioners of December 5th, 2011.

[page 1]
UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 oOo
4
TONJA BROWN,
5 Administratrix of the
Estate of Nolan Klein and
6 TONJA BROWN, as an
individual,
7
Plaintiff,
8
vs. CASE NO. 3:10-CV-00679
9 HDM-VPC
STATE OF NEVADA DEPARTMENT
10 OF CORRECTIONS and HOWARD
SKOLNIK, Director of the
11 Department of Corrections,
12 Defendants.
____________________________/
13
14
15
16 DEPOSITION OF
17 DON HELLING
18 Friday, August 5, 2011
19 Reno, Nevada
20
21
22
23
24
REPORTED BY: MICHELLE BLAZER
25 CCR #469 (NV) – CSR #3361 (CA)
———————-
P. 91-93, about false information in prisoners’ I-files:

1 number 28, specifically towards the top of the page the
2 second title portion where it says “prior felony
3 convictions/holds and detainers”?
4 A Yes.
5 Q Was Nolan Klein convicted of battery with intent
6 to commit a crime in June 2007?
7 A That’s what it appears to say on this report.
8 Q And so in this summary here it would reflect
9 somewhere in the narrative connected to that date how he
10 came to be convicted of that crime while he was in
11 custody at NDOC; right?
12 MR. GEDDES: Foundation, assumes facts not in
13 evidence.
14 BY MR. HAGER:
15 Q This is the Offender Information Summary —
16 A Right.
17 Q — that you brought with you today and that the
18 attorney for the Nevada Department of Corrections has had
19 Bates numbered and produced in this case that relates to
20 Nolan Klein; correct?
21 A Correct.
22 Q Could you direct my attention in that document,
23 sir, to where it says that Mr. Klein was convicted of
24 either battery with intent to commit a crime, or the next
25 entry there, burglary, on June 5th, 2007 while in custody

Brown v. State of Nevada Don Helling Page 92
Bonanza Reporting – Reno (775) 786-7655 1111 Forest Street Reno, NV 89509

p. 92
1 of the Nevada Department of Corrections?
2 MR. GEDDES: Same objections.
3 THE WITNESS: In reviewing the case notes of
4 2007 there is no indication of any type of conviction in
5 that year.
6 BY MR. HAGER:
7 Q So can you explain to me, then, as the then
8 Deputy Director of the Nevada Department of Corrections,
9 how these two entries here reflecting either a felony
10 conviction, hold and detainer for two felonies of Nolan
11 Klein as indicated on this Offender Information Summary?
12 MR. GEDDES: Objection, foundation, may call
13 for — calls for speculation.
14 THE WITNESS: I can only speculate how it
15 occurred.
16 BY MR. HAGER:
17 Q What is your best understanding of why it would
18 be there?
19 MR. GEDDES: Same objections.
20 THE WITNESS: Speculating, we converted over to
21 a new system in ’07, July of ’07, which means all the old
22 data was flipped over into the new information system and
23 when the information was flipped, and that — that errors
24 occurred. And that’s just speculation.
25 BY MR. HAGER:

Brown v. State of Nevada Don Helling Page 93
Bonanza Reporting – Reno (775) 786-7655 1111 Forest Street Reno, NV 89509

1 Q Is this the first time anybody has ever pointed
2 out to you that there are false representations in Mr.
3 Klein’s Offender Information Summary regarding an alleged
4 criminal history while he was in custody at NDOC?
5 MR. GEDDES: Objection, foundation, assumes
6 facts not in evidence.
7 THE WITNESS: The first I recall.
8 BY MR. HAGER:
9 Q So it’s news to you?
10 MR. GEDDES: Same objections.
11 BY MR. HAGER:
12 Q Is that correct?
13 A As I recall.
14 (Whereupon Plaintiff’s Exhibit 8
15 was marked for identification.)
16 BY MR. HAGER:
17 Q You testified earlier about a settlement
18 agreement in a medical case in which, in essence, the
19 NDOC agreed to provide medical treatment to Mr. Klein in
20 addition to some other things; do you recall that?
21 MR. GEDDES: Objection.
22 THE WITNESS: Well, I would defer to what the
23 settlement —

Here are screenshots (click on them to enlarge them). People you can contact Tonja (see her address above) if you want the full document.

Tonja Brown to Prison Commissioners: why are you trying to silence me and evidence in Public Records?

From Tonja Brown, per email of Dec 9th 2011:
Deputy A.G. GEDDES WAS AT THE BOARD OF PRISON COMMISSIONERS MEETING AND HAD EVERYTHING I SAID AN PRESENTED STRICKEN FORM THE RECORD:

To be placed on the Record of the Board of Prison Commissioners hearing set for December 5, 2011.

Tonja Brown, Advocate for the inmates and Advocate for the INNOCENT.
As an Advocate for several years I have witnessed the abuse of retaliatory behavior, discrimination, illegal acts committed and Slanderous statements made by NDOC as well as other State Agencies.

Recently during the Discovery Process in the litigation in Tonja Brown v Skolnik, et al., Case No. 157:10-cv-00679-ECR-VPC exculpatory evidence has now seen the light and it has had a profound impact on my Constitutional Rights as well as other inmates Constitutional Rights.

Because of this newly discovered evidence that had been withheld from Nolan Klein, inmates, and myself it now raises concerns and an investigation must be conducted by an outside Agency into the NDOC, Attorney General’s Office, and the Inspector General’s Office.

Governor Sandoval, I am requesting that you ask for an outside Investigation into the Attorney General’s Office for Constitutional violations eg. withholding exculpatory evidence aka BRADY VIOLATIONS. It is apparent that the Attorney General cannot conduct any kind of an investigation into her own office because it would be a conflict of Interest.

I am demanding a letter of apology from NDOC, the Inspector General’s Office, and the AG’s Office. attached letters from Fred Huston, and Docs. NDOC 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935,

I am asking that this Board of Prison Commissioners file a complaint with the State Bar of Nevada against certain D.A.G.’s, William Geddes, Janet Traut for what I believe to be violations of the inmates Constitutional Rights and private citizen’s.

For example Documents H & H 1084- 1089 a 2008 LETTER TO JANET E TRAUT, Senior Deputy AG, from NDOC Rev. Dr. Jane Foraker-Thompson regarding inmates Michael Spencer’s and his suit.

Michael Spencer v Glen Whorton, et al USDC Case No 3:07-cv-00635-LHR-VPC. This letter details the NDOC’s discriminatory and retaliatory acts made against certain Earth Based religions, aka Wiccans. Did Mr. Spencer ever receive this letter to be used to benefit his case? Or was it never turned over? He now has it on appeal in the 9th Circuit Court of Appeals.

In Don Helling’s August 5, 2011 deposition in Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC pages 91 – 93, states that in 2007 “We converted over to a new system in ’07, July of 07, which means all of the old data was flipped over into the new information system and whe the information was flipped, and that –that errors occurred.”

It appears that in 2007 inmate(s) had false felony charges placed on their OFFENDER INFORMATION SUMMARY AND THEY ARE NOT AWARE OF IT. There are other pages that refer to this problem too.

Then I refer you to inmate Joe Carpino’s 2011 letter. In June the AG’s office turned over some of the Discovery which clearly shows that 2005 Mr. Nolan Klein’s GANG AFFILICATION is WICCAN This is referred to in the August 5, 2011 Deposition of Don Helling pg 156, NDOC 001642.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC

It is apparent that the Settlement Agreement in Klein v Helling 05-390 case was in non compliance, because, in 2009 he filed suit again in Klein v Corda Case No 3:09-cv-00387-LRH-RAM. One has to question that if this case was really settled then why was he taking it back in 2009, and why is the AR 810 still listed as a TEMPORARY AR? Don Helling’s deposition will become a part of the record.

You have NDOC illegally listening in on legal phone calls between inmates and their attorneys going back from the 1990’s through 2009 at least at 2- 3 Institutions.

2008 Case Don Evans, John Witerow, v NDOC ?? Interrogatories of Don Helling and Howard Skolnik.

July 29, 2011 Reports and Recommendation in the case. This case clearly shows that the Law office of Hager and Hearne were being illegally listened in on in Witherow when he would call the office of Hager and Hearne. This is now in Settlement negotiations. It should be noted that Nolan Klein was one of those whom NDOC illegally was listening in on it was documented and he received a letter of apology in 2004.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC Deposition of Don Helling page 148, and Deposition of Howard Skolnik August 12, 2011 page 71-72 refers to John Witherow, Don Evans case.

The ongoing of illegally opening up of legal mail. Documented and should be be placed on the record for the Board of Prison Commissioners December, 5, 2011 meeting, Letter from Joe Carpino and from attorney Travis Barrick. Mention of Wiccans and opening up legal mail.

Below: These Documents are a PUBLIC RECORD IN THE TONJA BROWN v SKOLNIK CASE. AND YES I CAN PRESENT THESE DOCUMENTS TO THE BOARD. These are NOT CONFIDENTIAL DOCUMENTS AS D.A.G. GEDDES HAS PUT ON THESE DOCUMENTS. There was no court Order to authorize this as a Confidential Document. Mr. Geddes was silencing my voice, my first amendment to clear my name. Everything that exonerated us from these slanderous accusations. They withheld the documentation that cleared us thereby violating Brady material, and unlawful prosecution.

Don Helling’s deposition page 173. WHAT IS EXTREMELY CRUCIAL HERE IS ON PAGE 173 WHAT Mr. GEDDES SAID. Attached.

This is a prime example how the inmates have been treated unfairly over the years, because, not only did they do this to Nolan Klein, an innocent man they did this to a me, a private citizen in order to silence me from reporting the abuse within the system.

This exculpatory evidence was withheld from Mr. Klein, and myself and several other state and federal agencies. NDOC continued to keep the false, aka lies in their files knowing that we had been cleared of any wrong-doings. They continued to spread around these Slanderous investigative reports instead of removing the information that they knew was not true. They have continued to Slander, defamation of character of our names.

The State of Nevada has caused me to become physically ill and emotionally distressed from these false accusations.

Tonja Brown v Skolnik, et Case No. 157:10-cv-00679-ECR-VPC NDOC 00028 – 00036, 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935, AUGUST 5, 2011 Deposition of Don Helling to be placed on the record.

BRADY V MARYLAND

Tonja Brown
2907 Lukens Lane
Carson City, NV 89706

This is only a portion of the violations that come to my mind in the case of Tonja Brown v Skolnik, Klein v Helling, Michael Spencer v Glen Whorton, et al USDC Case No 3:07-cv-00635-LHR-VPC. Religious issues
Don Evans, John Witherow v NDOC, phone calls.

NRS 199.210
Offering false evidence. A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

[1911 C&P § 92; RL § 6357; NCL § 10041]—(NRS A 1971, 150; 1979, 1421; 1995, 1175)

NRS 199.230
Preventing or dissuading person from testifying or producing evidence. A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:

1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.
[1911 C&P § 94; RL § 6359; NCL § 10043]—(NRS A 1967, 465; 1979, 1421; 1983, 1683; 1995, 1175)

NRS 199.150
Attempt to suborn perjury. Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor.
[1911 C&P § 86; RL § 6351; NCL § 10035]

CONSPIRACY
NRS 199.480 Penalties.
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means, each person is guilty of a gross misdemeanor.
[1911 C&P § 112; RL § 6377; NCL § 10061]—(NRS A 1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343)

Note: because the document is in PDF format and we cannot reproduce it, nor do we have a link to it, we can however copy-paste Page 1, p. 91-93 and 230-232, plus the last one, p. 237 (of 237) here. For a PDF of this document, please contact Tonja Brown. This should also be available in the Minutes of the Board of State Prison Commissioners of December 5th, 2011.

[page 1]
UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 oOo
4
TONJA BROWN,
5 Administratrix of the
Estate of Nolan Klein and
6 TONJA BROWN, as an
individual,
7
Plaintiff,
8
vs. CASE NO. 3:10-CV-00679
9 HDM-VPC
STATE OF NEVADA DEPARTMENT
10 OF CORRECTIONS and HOWARD
SKOLNIK, Director of the
11 Department of Corrections,
12 Defendants.
____________________________/
13
14
15
16 DEPOSITION OF
17 DON HELLING
18 Friday, August 5, 2011
19 Reno, Nevada
20
21
22
23
24
REPORTED BY: MICHELLE BLAZER
25 CCR #469 (NV) – CSR #3361 (CA)
———————-
P. 91-93, about false information in prisoners’ I-files:

1 number 28, specifically towards the top of the page the
2 second title portion where it says “prior felony
3 convictions/holds and detainers”?
4 A Yes.
5 Q Was Nolan Klein convicted of battery with intent
6 to commit a crime in June 2007?
7 A That’s what it appears to say on this report.
8 Q And so in this summary here it would reflect
9 somewhere in the narrative connected to that date how he
10 came to be convicted of that crime while he was in
11 custody at NDOC; right?
12 MR. GEDDES: Foundation, assumes facts not in
13 evidence.
14 BY MR. HAGER:
15 Q This is the Offender Information Summary —
16 A Right.
17 Q — that you brought with you today and that the
18 attorney for the Nevada Department of Corrections has had
19 Bates numbered and produced in this case that relates to
20 Nolan Klein; correct?
21 A Correct.
22 Q Could you direct my attention in that document,
23 sir, to where it says that Mr. Klein was convicted of
24 either battery with intent to commit a crime, or the next
25 entry there, burglary, on June 5th, 2007 while in custody

Brown v. State of Nevada Don Helling Page 92
Bonanza Reporting – Reno (775) 786-7655 1111 Forest Street Reno, NV 89509

p. 92
1 of the Nevada Department of Corrections?
2 MR. GEDDES: Same objections.
3 THE WITNESS: In reviewing the case notes of
4 2007 there is no indication of any type of conviction in
5 that year.
6 BY MR. HAGER:
7 Q So can you explain to me, then, as the then
8 Deputy Director of the Nevada Department of Corrections,
9 how these two entries here reflecting either a felony
10 conviction, hold and detainer for two felonies of Nolan
11 Klein as indicated on this Offender Information Summary?
12 MR. GEDDES: Objection, foundation, may call
13 for — calls for speculation.
14 THE WITNESS: I can only speculate how it
15 occurred.
16 BY MR. HAGER:
17 Q What is your best understanding of why it would
18 be there?
19 MR. GEDDES: Same objections.
20 THE WITNESS: Speculating, we converted over to
21 a new system in ’07, July of ’07, which means all the old
22 data was flipped over into the new information system and
23 when the information was flipped, and that — that errors
24 occurred. And that’s just speculation.
25 BY MR. HAGER:

Brown v. State of Nevada Don Helling Page 93
Bonanza Reporting – Reno (775) 786-7655 1111 Forest Street Reno, NV 89509

1 Q Is this the first time anybody has ever pointed
2 out to you that there are false representations in Mr.
3 Klein’s Offender Information Summary regarding an alleged
4 criminal history while he was in custody at NDOC?
5 MR. GEDDES: Objection, foundation, assumes
6 facts not in evidence.
7 THE WITNESS: The first I recall.
8 BY MR. HAGER:
9 Q So it’s news to you?
10 MR. GEDDES: Same objections.
11 BY MR. HAGER:
12 Q Is that correct?
13 A As I recall.
14 (Whereupon Plaintiff’s Exhibit 8
15 was marked for identification.)
16 BY MR. HAGER:
17 Q You testified earlier about a settlement
18 agreement in a medical case in which, in essence, the
19 NDOC agreed to provide medical treatment to Mr. Klein in
20 addition to some other things; do you recall that?
21 MR. GEDDES: Objection.
22 THE WITNESS: Well, I would defer to what the
23 settlement —

Here are screenshots (click on them to enlarge them). People you can contact Tonja (see her address above) if you want the full document.

Washoe judge sentences 16-year-old armed robber to prison

Something is clearly going wrong in Nevada, where young men are sentenced to serve time in adult prisons. Society has a duty to guide youngsters to the right path. Where did we fail them? We need jobs, not adult prison sentences. Our youngsters need mentoring and guidance, protecting them from going astray. Washoe Judge: the system has failed!

Reno Gazette Journal
Dec. 6, 2011
A 16-year-old father-to-be who played on his high school basketball team is now among the youngest inmates in the Nevada state prison system following a sentence of up to 10 years related to an armed robbery in Reno.

Jesus Oconitrillo-Calderon, whose nickname is “Chewy,” was sentenced Nov. 30 by Washoe District Judge David Hardy, who said the boy’s young age was not a criminal security blanket. The teen will be eligible for parole after serving just over two years in prison for guilty pleas of robbery and conspiracy to commit possession of a stolen vehicle.

Days after he was sentenced to prison, 13-year-old Jose Cruz, of Reno, was given a life term for his role in the Mother’s Day robbery-related murder of a 27-year-old man. Cruz is now the youngest state prison inmate, while Oconitrillo-Calderon joins a group of 33 Nevada inmates between 16 and 17, prison officials said.

Read the rest here

Washoe judge sentences 16-year-old armed robber to prison

Something is clearly going wrong in Nevada, where young men are sentenced to serve time in adult prisons. Society has a duty to guide youngsters to the right path. Where did we fail them? We need jobs, not adult prison sentences. Our youngsters need mentoring and guidance, protecting them from going astray. Washoe Judge: the system has failed!

Reno Gazette Journal
Dec. 6, 2011
A 16-year-old father-to-be who played on his high school basketball team is now among the youngest inmates in the Nevada state prison system following a sentence of up to 10 years related to an armed robbery in Reno.

Jesus Oconitrillo-Calderon, whose nickname is “Chewy,” was sentenced Nov. 30 by Washoe District Judge David Hardy, who said the boy’s young age was not a criminal security blanket. The teen will be eligible for parole after serving just over two years in prison for guilty pleas of robbery and conspiracy to commit possession of a stolen vehicle.

Days after he was sentenced to prison, 13-year-old Jose Cruz, of Reno, was given a life term for his role in the Mother’s Day robbery-related murder of a 27-year-old man. Cruz is now the youngest state prison inmate, while Oconitrillo-Calderon joins a group of 33 Nevada inmates between 16 and 17, prison officials said.

Read the rest here

Last inmates to leave Nevada State Prison next month

Thank you to Realcostofprisons.org and FFIP for alerting us to this news item:

From: LVRJ

Dec 6, 2011

CARSON CITY — The aging Nevada State Prison will be emptied of its last 140 inmates and 73 staff members on Jan. 9, nearly three months before the closure date authorized by legislators, the state’s top prison official said Monday.

Corrections Director Greg Cox told the state Board of Prison Commissioners that he has followed the intent of the legislators who were concerned about prison workers losing their jobs unnecessarily. He said jobs will be found in other prisons for most staff members who want them.

Cox said some employees who refuse to relocate to a prison 100 miles away in Lovelock will be laid off, but they will be eligible for jobs when there are openings in Carson City.

Gov. Brian Sandoval, chairman of the prisons board, told Cox to prepare a written report on his closure plan and submit it to legislators and the commissioners.

Sandoval and fellow Prison Commissioners Ross Miller, the secretary of state, and Catherine Cortez Masto, the attorney general, asked why they had not been told earlier of Cox’s plan closing the prison before they expected. They did not, however, block the move.

Senate Majority Leader Steven Horsford, D-Las Vegas, insisted in May that the prison remain open until April 1 so that jobs could be found for staff members in other prisons. Sandoval had proposed closing it Oct. 1 of this year but couldn’t get the support to do so. Horsford did not respond for comment Monday.

“The intent of the Legislature as I understand it was to reduce layoffs in the Carson (City) area and reduce the likelihood that staff would have to relocate in other areas of the state,” Cox said after the meeting.

He said the Corrections Department ran up $2.5 million in unbudgeted overtime costs in July through September. That was blamed on other prisons not having a sufficient number of corrections officers while the Nevada State Prison had more than it needed to care for its declining inmate population.

After officers are transferred from Nevada State Prison to other prisons, the overtime costs should drop, he said.

Cox will be required to justify the overtime and seek emergency funds from the Legislature’s Interim Finance Committee, which meets Dec. 15.

The 144-year-old prison held 700 inmates earlier this year when the Legislature approved its closure as a cost savings measure. They estimated the closure would save $15 million. Repeated attempts by former Gov. Jim Gibbons to close the prison had been blocked by legislators.

Most inmates have been or will be moved to new wings in the High Desert State Prison near Indian Springs, about 45 miles northwest of Las Vegas. It costs $14,000 a year to keep an inmate there, compared with $23,000 at Carson City .

Cox said jobs already have been found for most prison workers at the Northern Nevada Correctional Center and conservation camps in the Carson City area.

Sixteen guards agreed to take jobs at the Lovelock State Prison. Thirteen others can take jobs there but have refused, a step allowed by regulations because of the long distance from their current jobs.

Cox could not estimate the total number of layoffs after the Jan. 9 closure.

Read the rest here.

Prison officials to evaluate state’s youngest inmate

This article is from the Reno Gazzette Journal, thanks to FFIP for emailing it to us. We think that someone aged 13-18 is a child and ought not to be housed in adult prison, nor should a child receive a life sentence.
We wonder how much is true of HDSP “educating” these youngsters other than GED.

When Jose Cruz, 13, was sentenced Friday to a life term in prison related to the Mother’s Day killing of a Reno man, he became the state’s youngest inmate — as well as being its youngest convicted murderer in recent history.

Cruz is expected to be taken to prison within the next few days after being sentenced for Steve Gale’s second-degree murder during a four-hour armed robbery spree with three, adult co-defendants.

The title of youngest Nevada Department of Corrections inmate had gone to 16-year-old Jose Salamanca, who was convicted in March in Clark County for voluntary manslaughter with the use of a deadly weapon.

Steve Suwe, corrections spokesman, said when Cruz arrives in the prison system, he will likely go through a classification period — typically three weeks — where officials will determine where he will be placed. On Friday, prison officials were not yet sure where he would go.

“We have to wait to evaluate him and see how he handles himself and the interaction with other inmates,” he said.

Inmates 18 and younger are usually housed at the High Desert State Prison in Indian Springs. In that facility, the focus is on education, life skills and substance abuse.

There are currently 222 males and 10 females in the NDOC who are younger than 19, Suwe said. Thirty-three inmates are either 16 or 17.

Read the rest here.

Thrown to the Wolves

From: Coyote-Calling

By: Coyote

“It is imperative to distinguish carefully between the rhythms of flourishing and the rhythms of decline in every single thing.”

– Myyamoto Musashi

Devastation sets deep in my aching heart as I continuously see all of these young faces coming through these decrepit doors of prison madness; 15- and 16-year-olds, and sometimes younger. With no true guidance and no true leadership, they are locked up and thrown to the wolves, learning quickly to fend for themselves, follow others, or fall off, and got lost in a dark, dreary world of misery, anguish and pain. They look for strength, knowledge and counsel in their older homeboys, but it doesn’t take long for them to realize that all of these years most of their older homeboys have been in these dungeons wasting away, deteriorating, on some straight nonsense, not really trying to do anything useful or productive with their time.
Many of these older cats have neglected to take true strides to better themselves, or to elevate their positions in life, let alone their thinking… And so, therefore they really don’t have nothing good to say, or to give these youngsters, and so a lot of these youngsters are coming through here, and they see this and many of these youngsters – the ones with any sense, that is – quickly begin to lose respect for these so-called O.G.’s and they start to look at them differently, and usually with a disdainful eye.

The ones that don’t have much sense, that’s a different story… They don’t know any better, and don’t have anyone to show them or to teach them, so they get caught up in all of the madness and degeneration, and usually they end up becoming degenerates themselves, and that’s all bad.

Yet, amazingly, I often come across many sharp youngsters in here, who have been eager to learn and to really take their thinking and their lives to a new level, and I’m always impressed at how sharp some of these youngsters are, and yet a bit saddened whenever they confide in me that they wish their older homeboys were more on point, sharper, brighter and more on top of their game when it comes to passing down strong, useful knowledge.

They talk about how they wish their older homeboys would take the time to give them literature or put a book in their hand, discussing real shit with them and trying to teach the, something new, or something with true significance and applicable value. I once asked one of these youngsters – whom I couldn’t help but notice was extremely sharp and really on top of his game for only being 21 years old – what does he look for when he needs someone with an “O.G.” Status? And this is what the little dude told me:

“When I meet someone with an “O.G.” status I look for someone who carries themselves in a manner that one can look up to, I feel he’s supposed to be able to teach you things and show you things you need to know of what’s to come in this lifestyle; he should give you the history of what you represent and why certain things are the way they are, he should encourage you to educate yourself and push you to want to be something better in life, and as a person, he should be a rider “still”, he should want to help you and not just use you, he should teach you about war and what’s worth and not worth going to war over; he should help build you up and make sure you stay the best you can be… I had an “O.G.” homie who once made me read a dictionary because he said I said “cuzz” too much and I needed to expand my vocabulary. An “O.G.” should always want to see you do something with yourself and not just always want to see you in some bullshit in the name of “da set”… “

These are words coming from a young warrior that I quickly became very fond of, and I assure you that his words are definitely a reflection of precisely how many of these youngsters feel, as they can’t help but notice the evident deterioration around here and the lack of true leadership from many of their so-called o.g.’s.

Me and this youngster had a couple of good sessions, I taught him the difference between Honor and Dignity, I passed him some good literature to read and we chopped it up about that, I helped him write an article about the psychological warfare tactics that these pigs use on us in here. His writing skills were already on point, and he wrote the whole article by himself, actually, I just gave him some advice on how to tighten it up a little and he took my advice and redrafted it and it came out hella good.

I told him what he said about what he looks for in someone with an “O.G.” status was definitely on point, but not to forget to look at things from both sides and also realize that there’s a lot of youngsters who come through here who think they know it all and who you just can’t tell ‘em shit. He said he knew what I was talking about and that he used to be like that too. The fact that he’s not like that anymore and that he’s eager to learn, tells me a lot about his character and his potential, and it’s youngsters like him that I’m eager to embrace, because I recognize that determination and that fire and strength and that passion that resides inside of them and burns so fiercely in their young warrior hearts. I only had a couple of weeks to kick it with this particular youngster before they moved me to another unit, but I hope the impact I had on him was as strong as the one he had on me.

I don’t look at people in regards of rank, status, or class, as long as they’re solid and they have something good to share, then I’m as much as their pupil as I am their teacher. We each grow and learn and get stronger from each other. This youngster taught me something and showed me lots of things that I’ll never forget, so as far as I’m concerned, he’s as much as a leader as those he refers to as “O.G.’s.”

Since then, I’ve come across many other youngsters like him who wanted to learn and who were looking for realness and truth in their lives, and who also had things to show me, and who have taught me things I’ll never forget… I came across one young, twenty-year-old cat who came up with an acronym to describe some of these older cats around here who just lie around like dead weight. He calls them “Dead P.O.S.S.O.M.S.,” which is an acronym for: Pile of Shit Sorry Old Man. When I look at things through these youngsters’ eyes, I’m surprised at how clearly I can see where they’re coming from, and how right they are about so many things.

I can’t help but to acknowledge the fact that there are a lot of piece of shit individuals in here; I’m talking about people who are foul in character and deed, and who loathe change and despise growth and all they know is to be foul. I avoid people like that, because there’s not much you can do for them, and really nothing they can do for you! It’s the youngsters with the potential, the eagerness to learn and the ones who refuse to stay at the same stage in their lives that I’m always trying to reach. I want them to really be able to see and recognize that the state has thrown them in prison and given them this time, not to help them but to destroy them, and that’s exactly why they have to be strong and wise, and use this as an opportunity for growth and prominent change. I want these youngsters to see and sincerely understand that there’s more to life than “the set;” than to be gangsters, a predator, thug, criminal, etc.

They can still be strong, and they can still be warriors, but I want to encourage them to be strong, sharp warriors so that they can fight the right fights, not the wrong ones.

I tell them that when I came to prison I was 19 years old, I came in with a hardcore gangbang mentality, maxed out on all of my sentences, caught more time in here, and now I’m 33 years old, close to the gate. What the fuck do I look like, 33 years old, getting out of here and going back to the same shit I was doing when I was 18 years old?? That would make absolutely no sense at all… and when I tell them this, they feel me, and they begin to look at their own lives and they start to think about it a little more, and once they begin to understand this, and the true, beastly nature of the State, and once they become aware of the truth behind poverty, oppression and racism and see that the true design of these prisons is to crush us as a classless people, then that’s when they begin to take serious strides to build themselves up as a man and a human being in life, so that they can do good things, make a positive impact and help the youngsters that come after them. And with all of this, I’ve noticed that once these youngsters truly begin to understand that being on some bullshit is only going to lead to more bullshit, they begin to reevaluate their priorities and the course of action that they’re going to take in life, and once they see that the bullshit does not really lead them anywhere good in life, then “change” starts to look like the best thing going!

I’ve noticed that a lot of older cats, especially some of the ones who have been doing time for a long time, think that because they’re older and that they’ve done time longer, that that automatically gives them the right to assume some type of position of seniority over you where they think they can just freely meddle in your affairs, telling you what you should and should not do, talking about “how back in the old days…” and always talking about racial separation and shit like that… and yet, some of the advice these cats try to give, instinctively I know that if I were to follow their advice, I’d have been dead a long time ago! If not in the physical sense, well then, I’d be one of these walking-dead zombies that you see so much of around here, because all of the things that are true to me now, and that I know are right and real, the things that make me who I am, all of these things would fade away, and I’d be nothing, man, I’d be dead inside…

I was living next to some older dude who has been doing time – in and out of prison – since 1983. This is a cat who got out and supposedly robbed all kinds of taxi cabs so that he could use the money to score dope and get high. He got caught and they sentenced him to 50 years! He was willing to trade 50 years of his life just to go out and get high for a couple of months, and now he’s living next to me, and his whole life now consists solely of how he’s going to score his next shot of mud, he does not read, he hasn’t even tried to strive for any real change in the whole 14 years that he’s been down, all he does is gamble, drink coffee, work-out, talk shit and watch the “idiot-box” – all day… and so when he tries to give me all of his advice about “prison life” and all that shit, I kindly tell him, “look man, I’m close to the house, my mind ain’t on none of this bullshit that goes on around here.” So then he switches up his tact and tries to give me advice about the streets, so I had to break it to him as gently as I could, and I told him, “Look, with all due respect, I appreciate what you’re trying to say and all that, but look at you man, you’re somebody who exchanged 50 years of your freedom for a few months of getting high, and now I’m supposed to be listening to you? Don’t you see the irony in that?” Now, maybe if I hadn’t immediately peeped out that he only had ulterior motives for associating with me in the first place, then I might’ve taken more time to pay attention to what he had to say… But I doubt it. Thinking about cats like these reminds me of what my young comrade said about “dead possums”… But the thing to consider is all of the many younger and naïve cats who have come through these doors and have fallen prey to the designs and manipulations of these wolves in sheep’s clothing.

In my opinion, there are indeed a few things from the past that are definitely still worth preserving and handing down to the next generation of “convicts”, but I think there’s also a lot of things from the past that need to be put to rest once and for all. The enforcement of these silly racist policies and ideas of racial separatism, the senseless ongoing gang warfare; the disunity that comes with all of these things, in my opinion, are amongst some of the things that need to go…

Also, another thing I want to point out, just because someone is older, or they’ve been doing time longer, doesn’t necessarily mean that they’re worthy of being leaders or teachers. It wouldn’t hurt to actually sit back and listen to some of these youngsters and listen to their ideas, and what they have to say, and to invite change into their lives, let evolution take its course, because those who hold on to the past are only holding on to old, ineffective, outmoded ways, that can’t and shouldn’t be applied in these times, under these circumstances… Not only that, but when it comes to being a leader and being someone who passes down knowledge it is sad to say, but the truth is, I’ve only come across a select few in this foul ass system, who actually have the pedigree to lead and teach, on an effective level. That’s just something to think about…

If you call yourself an “O.G.”, a leader, etc., and yet you don’t have anything good, or real, or meaningful to give to these youngsters, something that they can go through life with – even if it’s just one thing – then maybe you might want to reevaluate your position and “status” in life. Anybody can preach and talk and make their words sound real colorful and pretty and glorified, but talk has always been cheap, and it’s getting even cheaper by the day. I think you really have to ask yourself, as a leader, why would someone want to follow you? What would really make someone want to listen to you? Look at yourself, listen to how you sound when you talk, your character, your conduct, your actions, the way you present yourself, if all of that doesn’t match what you say, then ain’t nobody gonna think twice about anything you’re talking about, and in effect, all you’re doing is making noise. The change you want to see elsewhere has to start within you first.

Once consciousness has been raised, then things start to move in a different direction. The thing that I’m trying to convey here is that there’s flourishing and decline in everything in life, things can’t always stay the same forever, and they shouldn’t! Especially when you look at the way things are right now; ain’t none of this shit real, ain’t none of this shit right. It’s time to reevaluate, it’s time to raise the stakes. These youngsters are beginning to see what we’ve failed to see long ago. They know that if a little bit of freedom is a good thing, then a lot of freedom is a great thing. If a little bit of pleasure is nice, then a lot of pleasure is glorious. They are not content to settle for whatever left-over scraps of self-determination and joy come their way under the system that subscribes their lives today, and I do not blame them!

I feel that if you don’t have nothing good to give, or to share, then you need to move over, get out of the way, ‘cuz all you’re doing is muddying this shit up. I’ve seen a lot of these so-called shot-callers who have let that shit go to their head, they demand all kinds of respect that they don’t even deserve, they rule through fear and not through love; they’re all about themselves, not about their people, they’ll go to war over some bullshit and are putting their people at risk over some bullshit, but won’t stand up to the real enemy over some real shit. These type of people don’t impress me, and I have no respect for that shit.

That’s why I’m about what I’m about and do what I do, and I’m starting to look at all this shit differently. I see that a lot of people are motivated by their own jealousies and hate, and their own personal feelings, but I’ve come to find that wisdom lies in being able to see things objectively, not subjectively. I have nothing but respect for warriors of all types, and I respect the old warriors of this system (Nevada) who have been putting it down way before I even came to this disgusting place; (15 years ago) when I came to prison, those old warriors were my mentors. I’ve learned many good things from them, and I’ve learned a lot of good things from my own experiences too. I don’t waste my time trying to explain myself – my ideas, my standards, views, etc. – to people who I know aren’t going to understand. Nor do I have time to entertain other people’s old, tired-out, detestable ways and ideas. Indeed, it is good to learn from others, but if all they’re trying to teach me is how to become obedient and complacent, then they can’t really teach me nothing. Obedience is what got us in this situation we’re in now, and complacency is what’s keeping us here. When there’s nothing to respect, there’s nothing to obey, and if you take a good, square look around you, and if you’re honest with yourself, then you can see that there ain’t nothing respectable around here! Not a damn thing. So there’s no lesson for me in obedience, no lesson for me in complacency, so please miss me with all that; thank you very much, but no thanks!

While I’m still here, I’m going to keep trying to help others, no matter their age or race, and I’m going to keep reaching out to these youngsters, teaching them how to become leaders, so that they can do the shit that needs to be done and keep the good shit going, when there ain’t no one else around to teach them or to show them. I’m here to pass the torch and to keep this fire of resistance burning strong until it ignites everybody, and then we will come together and use that fire to burn this shit down!!! These pigs and this administration can keep trying to come down on me, they can try to suppress me all they want, I don’t give a fuck! Because I know what I’m doing is right and I know it’s what needs to be done. They can put me in the infirmary, behind double doors, isolate me, or whatever they want to do – they’re always trying to present some weak shit to strong individuals – but it doesn’t matter, ‘cuz I’m still going to find a way to do what I do!

These youngsters get snatched up and thrown into these cesspools of inhumanity before they can even learn how to think for themselves, and the ones who do the thinking for them, rarely have their best interests at heart. That’s why I use the expression of them being “thrown to the wolves.” The nature and the design of these prisons and these cells is to annihilate our youth, to break and destroy them, just like you see all if these older cats who have been broken and destroyed, with no fight in them, no life, no passion, no determination, and nothing good to hand down to the next generation of the young, free-spirited men that unwillingly get shoved through these unrefined doors of misery and hopelessness. So many times have I seen these youngsters come into this scandalous world of deprivation and perversion, and when they have become subjected to all of this foulness that has been laid out in front of them, they quickly absorb this shit and assume these foul, degenerate ways themselves, and that really ain’t cool.

It’s on us to start taking the time to elevate ourselves and re-educate our youngsters around real concepts of struggle and unity and growth, and we have to organize around the issues we are faced with in life, every day – the things that are right in our faces – rather than what race we are, or what region we come from. That shit hardly matters when we’re all going through the same shit. Oppression, poverty, capitalism, racism, gangsterism, this shit has an ill-effect on us all. We should take it upon ourselves to start igniting the flames of revolution in these youngsters’ hearts and in their minds, giving them something better to strive for and something real. We should find ways to give them real-life lessons that they will learn and gain from, taking these young minds filled with fantasies of gangsterism and helping them transform their thinking into guerilla warfare strategies to hopefully one day be used on any and all establishments of oppression. Because, from what I’ve seen, all of these bullshit racial policies that prisoners are forced to live by – by other prisoners, nonetheless – and all of the madness we see now, doesn’t do anything other than keep us all divided – and therefore conquered.

Those of us in this situation are all an oppressed people and we are all under the same gun. We have to stop emulating the ways of the pig – the oppressor – and start finding ways to uplift ourselves until we have the power we need to control our own lives.

We want change, we want truth, we want freedom, we want everything. We want complete control over every aspect of our lives; we want to taste the sweetest happiness and the most exhilarating liberty this existence has to offer. We don’t want to be slaves no more, we don’t want to be robots; we want to lead lives that are as adventurous, as magnificent as any we could read about in books. We want high stakes: we don’t want to just let our lives pass us by, mediocre and tiresome, stale and stagnant, as so many others have before us.

We see these cats who don’t have no life in them, no spark in their eyes, grouchy and miserable, no fire, no soul, and we don’t want to be like that. We want to live lives that mean something. For this, we are willing to risk anything; for this, we are willing to fight.

Things are changing and moving in a new direction now, more people are waking up, and soon enough we will start to see radical and revolutionary prison groups, chapters, movements and collectives sprouting up in Nevada, and in prisons everywhere. These collectives will be designed to give prisoners strength, solidarity, and will show them how to rise above oppression, not to mimic the ways of the oppressor, not to stay stagnant and stuck in a perpetual state of misery and despair and domination, but to challenge it, fight it, and to defeat it all together! Things are changing, we can look at what’s been going on in prisons in other states these last few years, not only for examples, but also for evidence that the prison struggle continues. A prison was burnt down in Kentucky a few years ago, then we’ve seen the biggest American prison strike in Georgia, followed by a successful hunger strike in Ohio – which was, in fact, kicked off by 3 of the Lucasville 5 – and now we have just seen the largest hunger strike ever, in California.

When we see these things we see the power of Unity in full effect. More prisoners are resisting, more people are coming together to challenge the injustices and to seek solutions. These are definite signs that change is about to come. It’s time for us to start making new history.

Until then, the devastation in my heart remains as I continue to bear witness to these young men being shuffled inside of this perpetual death-trap. But while I’m here, I will do all I can to try to bring forth greatness in every youngster that I come across, and one day, rather than desperately trying to seek knowledge and strength in their older comrades, they will begin to look for these things within themselves.

Resistance, Solidarity and Strength

Comrade Coyote
Anarchist Black Cross – Nevada Prison Chapter
Black August 2011
Ely State Prison, Nevada

Note: At the time of this writing, these pigs have snatched me up and moved me to the infirmary to try to isolate me and keep me separated from comrades and peers; they said that I was trying to organize. And [ass. warden] Brooks (no longer here! Hooray!) had to come in to 4-A, along with Lt. peck to feed us our dinner; ‘cuz the pigs were too scared to come onto the tier to feed us! Later that night, they came and got me and took me to the infirmary. I stayed there for a month, then they moved me to 3-B, where I’m at now.

This is an ad.-seg. [administrative segregation] unit, but I’m on D.S. [disciplinary segregation]. I got kicked out of the hole! (the first person in ESP history to ever get kicked out of the hole!). I’m doing my D.S. time on this unit now, because there’s no youngsters on this tier, no comrades. They’ve got me here not only to isolate me, but also to pacify me. The atmosphere on this unit is way different and more mellow, the mentality of the prisoners here is nothing like what I’m used to seeing in the hole, everything’s quiet and still and the pigs don’t go out of their way to fuck with none of us over here.

The conditions on the unit are a little better than the deplorable conditions you see in the hole… I guess they don’t like it when someone goes from tier to tier bringing all of the youngsters and all of the convicts together to stand up and resist the disdainful conditions of the hole. They see that unity and they fear it, so they try to do everything they can to keep us stymied and separated, everything that is, but what they’re supposed to do!

For a more immense and more intense version of this article, send a stamp to:

S. Chicago ABC Zine Distro
P.O. Box 721,
Homewood, IL 60430
And ask them to send you a copy of “Thrown to the wolves”- by Coyote

Press Release to the Board of Pardons concerning People who Maintain Innocence in Nevada

Press Release by Tonja Brown concerning the PARDONS BOARD
Today the Board of Pardons will convene and have Public Comments too. Here is the Agenda for today’s meeting. More information and documents available about Nolan Klein’s case at: justicefornolanklein.com

This will be placed on the record at the Pardons Board hearing under Public Comment.

Over the years I have attended several of the Pardons Board hearings and meetings. I believe the last Pardons Board I had attended, placed on the Agenda was the Board to consider accepting those who maintain innocence. It was not excepted. Again, today, I ask that you adopt a policy to allow those who maintain innocence a chance at their freedom and not have to die in prison because of an Over-Zealous Prosecutor wanting to get and keep a conviction at all cost.

Perhaps with this new development and the loss of an innocent man, Nolan Klein, the Pardons Board will now except those who maintain innocence to be allowed to appear before them.

New information has come to light with regard to those who have maintained innocence, including, Nolan Klein, as well as others. For instance, recently, I have hired a private investigator and he has located the prime suspect the police believed had committed the crime that Nolan Klein was wrongfully convicted of. This exculpatory evidence on the prime suspect was withheld from the defense, the victims and the jury.

This prime suspect has admitted that he had knowledge about this crime (The Payless Shoe Store) as well as the other crimes the police believed were committed by the same person. We know that Mr. Klein was not charged or convicted of those crimes because, those victims had cleared Mr. Klein, however, none of these victims knew about this suspect. We’ve always wondered what this suspect looked like. After 23 years later he still resembles the composite sketches and Nolan Klein never did. Prime suspect report attached.

As I listened to what the Investigator and the suspect had to say I found it interesting that when the prime suspect went to inquired into this crime that Mr. Klein was convicted he was told by the police that they picked up a person and they put him away for a long time. That person was Nolan Klein.

As you may recall Nolan Klein appeared before you on October 29, 2008, Although Nolan Klein’s attorney’s did submit to the board the evidence of Washoe County District Attorney, Dick Gammick admitting that they opened up the DNA and tested it and we demanded to know where the results were that were hidden from the us. You denied Nolan a pardon. Shortly thereafter, Nolan Klein’s attorney’s filed in Washoe County a Motion to compel Gammick to turn over the test results. In May 2009 Judge Adams ordered Gammick to turn over the test results and the entire file in Nolan’s case. On June 10, 2009 the entire file was turned over and the rest is history. I want you to know this before you decide to dismiss the Petition for Exoneration. During the June 24, 2009 Pardons Board hearing I provided you the evidence that was found hiding in the DA’s file. See Writ of Mandamus attached.

I have provided this Pardons Board with a list of Defendants names to one degree or another who have had their constitutional rights violated by the Washoe County District Attorney Office, for example, ADA Steven Barker for Discovery violations on withholding exculpatory evidence. In one particular case DNA that exonerated the person.

http://www.leg.state.nv.us/Interim/75th2009/Exhibits/AdminJustice/E062310E.pdf
Gammick, Justice Hardesty, AG Masto sat on the Advisory Commission when I presented the cases of ADA Barker. They did absolutely nothing with regard to Mr. Barker.

I anticipate that the NV Supreme Court will dismiss this Petition for Exoneration again, because, that is what they do.

Writ of Mandamus that I filed in Washoe County and then appealed. Geoff did the story last year.
http://washoecourts.com/index.cfm?page=casedesc&case_id=cv10-01057&Submit=Submit

2011 The NV Supreme Court dismissed the Writ for practicing law without a license; however, they are the ones who gave me permission to proceed.
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25404

filed by licensed attorney Petition for Exoneration http://washoecourts.com/index.cfm?page=casedesc&case_id=cr88-1692&Submit=Submit

Nolan Klein’s case is still pending before the NV Supreme Court

Regarding ADA Washoe County District Attorney Office. It should be noted that DA Dick Gammick responded to me when I asked him in August 2010 why we continued to employ Mr. Barker. Apparently it is perfectly acceptable for the Washoe County District Attorney’s Office to violate one’s Constitutional Rights even if it costs an innocent person his or her life, just as long as they get and keep that conviction! ( I have Gammick on video at the Republican Jewish Coalitition, Aug. 2010)

Steven Barker continues to violate Discovery by refusing to turn over inculpatory and exculpatory evidence in cases.

Case 1 – CR09-0158 – State v Felipe Henriqez
Filed September 3, 2009
Discovery violations and or prosecutorial misconduct

Case 2 – CR06-1733 – State v Joshua Leo Davey
Filed Order – January 23, 2007 by Judge Jan Berry
The court has conferred with the State Bar on Steven Barker on Discovery Violations
Filed June 20, 2007 Judge Berry ‘s Order.

Case 3 RCR09- 049502 State Kirk Masten
November 19, 2009
Been caught on multiple occasions hiding evidence violating Discovery laws and rules The Supreme Court Justices Hardesty, Pickering, Saitta issued an Order stating that “deprived a defendant of a fair trial. Further misconduct by Barker could lead to a referral to the State Bar of Nevada.”

CC: Judge Connie Steinheimer, AG Masto , DA Dick Gammick, Washoe County Public Defender.

Tonja Brown
2907 Lukens Lane
Carson City, NV 89706
671-5037