That sounds like where my son is in which Corcoran California State Prison SHU (Security Housing Unit) for 13 years now. My son was sent there for speaking out on behalf of 68 hunger strikers in 1999 and they refuse to let him out of this torture program. In Corcoran the majority are Mexican. There are about 3,000. These SHU's are in jails, prisons and Youth detentions throughout California but these "shadow boxes" are throughout the US. Guantanamo is a product of the SHU. Here is a letter that I recently sent to the state.
Note: we will be organizing a conference to shut down the SHU in August 2007 in Los Angeles if you are interested.
Tierra y Libertad! Quetza
--- Barrio Defense Committee P.O. Box 1523 * San Jose, CA 95109 * (408) 885-9785 barriodefens at earthlink.net * www.barriodefensecommittee.org
May 21, 2007
Sent by FAX and U.S. Mail (916) 445-0485 and (213) 620-4658
Senator Gloria Romero State Capitol, Room 5051 Sacramento, CA 95814
Re: Conditions inside SHU Corcoran Prison Re: Jose Luis Aviña #J86625 and Others
Dear Senator Romero:
My name is Quetzaoceloaciua. I am writing to you because I understand that you are the Chair of the Senate Safety Committee that oversees the conditions inside the California State prisons. I have also written to you on several occasions in the past regarding the same issue above stated as well as personally going to your office at the state capital.
This letter pertains to my son, Jose Luis Aviña and others that are in the SHU Corcoran Prison. This letter also pertains to the response made (after six months) from CDC dated 4/30/07 (See attached Exhibit "1") in which they respond to my letter of December 17, 2006 to you (See attached Exhibit "2"). I am quite perplexed as I was hoping that your office would investigate the issues I have raised since it is clear that CDC's investigation on themselves is unreliable and fraught with questions as a result of CDC interning my son to the SHU in 1999. Their investigation is unreliable for the following reasons:
1. How is it that CDC cannot find the two witnesses needed for my son's trial that accused my son of "gang" affiliation in 1999 such as: a) J. Rocha (Assistant Gang Investigator); and b.) S. Phillips (Captain and Division Head of Appeals)? Several letters have been sent to the State Personnel, State Retirement and CDC requesting their whereabouts and no one knows of their existence.
2. How is it that my son's SHU term has been extended until 2012 based on the same issues of 1999 that in fact, he is supposed to have a trial on? (See attached Exhibit "3") What evidence is Special Agent M. Ruff talking about?
3. How is it that after the Castillo Agreement my son is accused of "gang" affiliation without knowing who accused him? Where is the 24-hour advance notice to my son of the source items?
4. How is it that Lt. Cronjger violated prison rules and regulation (Title 15), contradicting Jose Luis' granted 602 appeal (Log #06-5354) saying that Lt. Cronjger provided false information?
5. How is it that Jose Luis has made numerous attempts to CDC regarding unfair treatment through 602's (See Log #06-12-009 and Log #06-12-021) and has notified ICC dated 1/25/07 but to no avail?
6. How is it that Special Agent Michael Ruff of the Gang Intelligence lacks impartiality and reveals prejudice by the way Lt. Cronjger says in the interview without investigating what the Lt. Cronjger did? (See attached Exhibit "3")
7. How is it that Special Agent Michael Ruff states that the IGI Lt. Cronjger found evidence of active gang participation documented in 2006? (See attached Exhibit "3")
8. How is it that Special Agent Michael Ruff also stated the same with the case of the prisoner Gray #C32622 (see top of page 13 of the Gray memo dated 4/21/06) (See attached Exhibit "4") that in fact the Investigating Correctional Officer D.M. Walton states: "all memos do not meet requirements and should not be used to validate Gray"? See Exhibit "B" of Gray memo dated 4/21/06, to identify that M. Ruff was the signer regarding all of the memos accusing Prisoner Gray of "gang affiliation". (See attached Exhibit "4")
9. Why is Special Agent Michael Ruff covering up for Lt. Cronjger for being incompetent and not following up on the Castillo Agreement on each and every procedure?
10. How is it that another SHU prisoner has been accused in the same and similar charges, as my son, to retain the SHU prisoner in the SHU by the same Lt. Cronjger without following the Castillo Agreement? (See attached Exhibit "5")
11. While Warden Adams states in his letter of 4/30/07 (See attached Exhibit "1") of the 4th paragraph: " .that Aviña's law library file indicates only one case going back to at least 2003." Yet my son filed on 3/6/03 an Extension of Time because he was being denied law library access! (See attached Exhibit "6")
12. Is this corruption or not?
13. Why is there a pattern of how CDC utilizes bogus information to retain people in the SHU?
14. The prisoner Gray in his memo of 4/21/06 cites the following cases which have also been used against my son:
a. Larkin v. Oswald. Violates rule 3004(a)(c) in my son is being retaliated upon for political reasons and not gang related reasons. Time and time again I stated that my son was stuffed in the SHU for participating in the December 1999 hunger strike in New Folsom Prison and thus CDC is retaliating against him;
b. Zimmerlee v. Keeney. Violates rule 15 CCR Sections 3321(c). Confidential information must be reliable and must include when the source has previously provided information to be true; 2) when the information is self-incriminating; and 3) when more than one source independently provides the same information.
c. Cato v. Rushen, supra. The source of the information must have first hand knowledge of the charged prisoner's involvement in the alleged misconduct.
I respectfully want answers to each and every question made above. It is imperative that your offices investigate the corruption and the bogus information CDC uses to retain people in the SHU. I am also demanding that my son be released out of the SHU immediately.
Sincerely, Quetzaoceloaciua
cc: Warden Adams, Corcoran State Prison (559) 992-8800, Ext. 5000 CDC Secretary James E. Tilton (916) 322-2877 - FAX Gov. Arnold Schwarzenegger (916) 445-4633 - FAX The Honorable Federal Judge Thelton E. Henderson Supporters