Wednesday, August 29, 2018

Imam Hasan's serious misconduct panel documents

Conduct Report, July 27, 2018.  

https://incarceratedworkers.org/resources/imam-hasan-conduct-report-july-27-2018.pdf
Hasan is said to have violated five prison rules:
“Rioting, or encouraging others to riot”;
“Engaging in or encouraging a group demonstration or work stoppage”;
“Conducting business operations with any person or entity, without permission”;
“Use of telephone or mail in furtherance of any criminal activity (encouraging disturbance/riot)”;
“Violation of other policy, specifically rules on receiving money from unapproved sources [and] by his own admission on July 15, 2018 Inmate Sanders is also acting as a leader and spokesperson.”

Disposition of the Rules Infraction Board [see note below], August 14, 2018.

https://incarceratedworkers.org/sites/default/files/resource_file/hasan_-_smp_disposition_8-14-18.pdf

  The “facts that explain the board’s decision” are said to be as follows:
            “The Serious Misconduct Panel believes that inmate Sanders R130559 did attempt to incite others to riot by misusing the DRC phone system referring to the 2016 prison strike/work stoppage and violent events that occurred in our nation’s prisons and jails to promote the 2018 prison strike/work stoppage that is suspected to occur on August 21, 2018 that will end on September 9, 2018.  Inmate Sanders stated on the DRC phone system that two years later, the decision has been that from August 21 to September 9, there is going to be another National Work Stoppage and it entails many more things than what happened in 2016.  We intend to put up stiff resistance.”
            A Supplemental page of the Disposition sets forth additional allegations concerning a supposed event not mentioned in the Conduct Report and as to which no evidence was offered at the hearing:  “the SMP believes that Sanders R130559 did misuse the JPay privilege by answering an anti-Aramark Food Service organizer’s JPay message to him.  The organizer asked inmate Sanders R130559 to recruit other inmates via JPay to stop Aramark from being used at the University of Cincinnati until they stopped feeding inmates incarcerated in Ohio.”
            The Serious Misconduct Panel recommended placement in ERH3 (reduction in level of privileges), and suspension of Hasan’s phone and JPay privileges for up to one year.

Notice of Disciplinary Appeal, August 22, 2018.  

https://incarceratedworkers.org/sites/default/files/resource_file/hasan_-_appeal_8-22-18.pdf

This document is entirely in Hasan’s handwriting and was mailed to the appropriate reviewing entity, the Division of Legal Services of the Ohio Department of Rehabilitation and Correction.
NOTES: 
The Disposition form and the Appeal form refer to the Rules Infraction Board, but the Conduct Report was heard by the Serious Misconduct Panel.
Two of the Supplemental Disposition pages were incomplete.  Hasan requested the missing words.  They were provided to him on a separate page.  He underlined the missing words.  Those words are reproduced within the vacant space below the incomplete sentences.

Wednesday, August 15, 2018

Hasan Railroaded. Greg Released!


Yesterday Imam Hasan went before the Serious Misconduct Panel (SMP) for allegedly leading a riot, workstoppage, and other unauthorized business through the phones.

As he expected, the fix was in at the SMP and he was found guilty of all counts. More details below, but the summary is that none of his witnesses were allowed to testify, he was not allowed to view all of the evidence against him, and new charges and witnesses were brought against him.

Apparently the SMP is no more serious about due process than the Rules Infractions Boards we're more familiar with. Hasan faces a one year phone restriction and transfer to "Extended Restrictive Housing 3". Hasan has been on some version of "ERH" since it was invented, and on "level 5" the previous highest level since that was invented with the construction of Ohio State Penitentiary.

Between 2011 and 2016, he and other "long-timer" prisoners won, through repeated hunger strikes, a set of special privileges to account for the fact that the ODRC has basically vowed to never let them out of solitary confinement. Hasan will likely lose these privileges (contact visits, more time out of the cell, being able to go on rec with another long timer) with this security level change. Now he will only be allowed out of his cell (to a concrete range or rec cage) five hours per week.






Continue to support Hasan! Write him letters and let him know he's not alone. We're sure he'll be fighting and appealing this reclassification, and there'll be opportunities to support and advocate for him. 

Read a detailed report from Hasan about the hearing here.

In better news, Greg Curry has been released from the hole! On Tuesday, August 7th, guards who were upset about Hasan, and upset with Greg for passing information about Hasan's situation to the outside world, cracked down on the whole block. It seems this crackdown backfired and prisoners collectively responded by protesting, including refusing to work.

That's right, the thing they are accusing Hasan of trying to organize occurred after they isolated him, because they were harassing people.

Of course, the guards came back, targeting Greg. Again, they made their move on a Friday night, so that nothing could be done through the weekend when the top brass is off work.

These guards tried to connect a knife found on another prisoner to Greg, and to claim he orchestrated the work stoppage. Today Greg had his hearing, and the only evidence they had against him was that he sent outside supporters information about Hasan's situation, which is not against any rule, so the RIB let him go.

Greg needs to be transferred out from OSP. He's been held there longer than anyone except Hasan and the death row long timers. He gained none of the long timer privileges, despite participating in some of the protests. For years the classification board has been slow-walking his step-down, dangling it before him, then yanking it away.

They treat him this way, and have treated him much worse because he caught a Lucasville uprising charge, but didn't get the death penalty. Prosecutors have admitted they lied to the judge and jury about the primary evidence against Greg, who was on the yard when the uprising kicked off, and surrendered at the first opportunity.

Help get Greg out of the supermax by contacting the director of ODRC Gary Mohr at drc.publicinfo@odrc.state.oh.us or 614-387-0588 to ask why he cannot be moved to another level 4 prison with privileges such as contact visits, recreation time, etc.

Learn more at FACEBOOK/ GREGCURRY
Email Greg through JPay:
JPAY.COM/ E MAIL.
 

Write to Greg:
Greg Curry
A213159
878 Coitsville Hubbard Rd
Youngstown, OH 44505

Details of Hasan's Serious Misconduct Panel hearing

The following consists of information conveyed to by Hasan in a telephone call on Wednesday, August 15, 2018.  It does not include expressions of opinion, legal argument, or thoughts about the future. 
 
            A lengthy hearing was held on Tuesday, August 14.  The members of the Serious Misconduct Panel were a deputy warden and a major from Lorain Correctional Institution. 
 
            Each witness that Hasan requested was denied based on relevancy, unavailability and security reasons (despite the fact that we had provided their phone numbers).  These and other conclusions had already been typed onto a disposition form before the hearing.
 
            The Charging Official, Brian Wittrup, Chief of the Bureau of Classification, had checked the box “No” in reply to the question on the Conduct Report, “do you wish to have input into the disciplinary proceedings?”  Nevertheless, he was on the phone throughout the hearing.  At one point he stated that Hasan had not encouraged prisoners to riot but that things could get out of hand (as in 1993).  Hasan was told that someone other than Mr. Wittrup would make the final decision on appeal. 
 
            They let Hasan read partial transcripts, not full documents, from which quotations appeared in the Conduct Report, but they did not give him copies of those partial transcripts.
            One of the violations brought up at the hearing had not been mentioned in the Conduct Report.  
 
            Hasan was found guilty of all of the rule violations cited in the Conduct Report.  The SMP recommended that his security level be ERH3.          
           According to current policy, unless the inmate violates his Individual Adjustment Plan, it usually lasts only 90 days before moving to ERH2.
    However, as of July 1, 2018, all of the privileges are the same for ERH3, ERH2, and ERH1.  Recreation is one hour five days per week (except for the longtermers, of which Hasan was one).  Hasan may lose his longtermer privileges for a year (and they might or might not be restored thereafter).
 
            The language of the disposition was general, not specific.  Hasan was said to have misused his privileges to commit rule violations that could have disrupted orderly operation of DRC facilities.  He was placed under phone and kiosk restriction for one year, ending August 13, 2019.  The managing officer (warden) has the authority to review the penalty every three months and to suspend the restriction based on Hasan’s good behavior and no rule violations. 

Friday, August 10, 2018

Hasan Ends Hunger Strike, Awaits Serious Misconduct Panel Hearing

Update on Hasan's situation and Hunger strike.

On Wednesday August 8, Hasan ended his hunger strike due to abdominal pain and the need to prepare for his defense before the Serious Misconduct Panel hearing.

News from Staughton and Alice Lynd:
  Hasan ended his hunger strike after suffering abdominal pain due to constipation for five days.  He is no longer in the infirmary; he was being returned to his old cell.  
   He is still in "segregation."  He now has writing materials, envelopes and stamps.  He does not know whether he can have visitors, phone calls, email, or recreation.  
   He wants his supporters to know that he appreciates all the love and support they have shown.  "I'm good!"

The next step in this ordeal will be the hearing before the Serious Misconduct Panel, which is currently scheduled for Tuesday August 14. We and the Lynds are reaching out to witnesses Hasan has requested to testify before the panel. more details on that:
   Hasan was told that his Serious Misconduct hearing would be held on Tuesday, August 14.  He did not know at what time.     
   According to the administrative rule, the chairman of the Serious Misconduct Panel is responsible to "arrange for the presence of witnesses."  Hasan has asked for five witnesses.
   According to the policy for disciplinary procedures, the chairperson may postpone or continue a hearing for a reasonable period of time for "good cause."  Good cause includes "preparation of the inmate's defense."  The SMP policy also says:  "Inmates must have an opportunity to present documentary evidence at the SMP hearing."
 Pictured above, Hasan and Ben Turk who was named in the conduct report and hopes to testify at the hearing.

Wednesday, August 8, 2018

Work stopped at Ohio State Penitentiary

In the midst of repression against Imam Siddique Abdullah Hasan, guards have been acting petty and another Lucasville survivor had his transfer out of the supermax denied by the same classification officer: Brian Wittrup.

Greg Curry reports:

"Meanwhile, the low wage cops harassing us looking to create problems. So Enough prisoners that recognized this decided to start protest that include refusing to work! of course the cops went to there SPECIAL INMATES to get them to cross the Pickett line but that was frowned upon so the pod is looking like we're HELD AGAINST OUR WILL! IMAGINE THAT."

Greg also wrote that a knife was found not at all having anything to do with him, but since he has "Lucasville" attached to his name, the officers keep him without any privileges and keep a close eye on him.

"Just today I've had to be interviewed by the Unit staff then later by the Warden himself. Stay Tuned."
This needs to stop.

Greg should be moved out of the Ohio supermax. We know there was a very weak response from Wittrup, but we must keep telling it to him. Stop the torture.
This is what Greg asked in his email of today:

Week two of Hasan's hunger strike





Today is the 11th day of Hasan's hunger strike. We have the following updates on his situation:


1. He finally got the minimum envelopes they are legally required to give him and sent out the conduct report. It is online here or download pdf.

2. Hasan thinks the hearing may be on Thursday or Friday of this week.  He is almost sure he will be convicted. He is able to call witnesses who can call in. We're reaching out to find the people he requested, at least one is ready to testify on Hasan's behalf.           

3. He is currently housed in the infirmary and they are requiring him to do medical checks to delay him from accessing his legal counsel. According to Alice Lynd:
When we called yesterday to arrange an attorney visit for today, we were told that he had refused a medical assessment that morning (August 6), and he could not leave the infirmary for an attorney visit unless he consented to a medical assessment this morning.  He did consent, but he regards a legal visit as a right that should not be denied based on whether or not he submits to a medical assessment.

4. He is grateful for everyone making support calls. He got mail from supporters. As we anticipated, he wants calls directed to central office, since that's who originated the conduct report. Get details on contacting Gary Mohr and other ways to support Hasan here

5. The charges he's facing are more serious than in 2016 or other attempts to lock him out of communication, and will be harder to fight. He believes this is a first amendment struggle. ODRC is likely to railroad him and we will need to take the fight to the federal level. Here's a more technical description of the legal stuff.

  On July 30, Hasan was told by the lieutenant who is in charge of the Rules Infraction Board that his case would not be heard by the RIB but was being referred to the Serious Misconduct Panel, the members of which are appointed by the regional director.  See AR 5120-9-08.1, Disciplinary procedures for violations of inmate rules of conduct before the serious misconduct panel, available at http://codes.ohio.gov/oac/5120-9-08.1, and Ohio Department of Rehabilitation and Correction, Policy 56-DSC-03, Disciplinary Procedures for the Serious Misconduct Panel, available at http://www.drc.ohio.gov/Portals/0/Policies/DRC%20Policies/56-DSC-03%20Apr%202017.pdf?ver=2017-11-01-083126-567.

            The inmate may request witnesses who may testify in person, by phone, or electronically.  As witnesses, Hasan has requested Ben Turk, Steven Kirschenbaum, Queen Tahiyrah, and Abe Bonowitz (in connection with the protest outside the U.S. Supreme Court on June 30, 2018).             Hasan emphasized the magnitude of the situation he is in.  If convicted, he can be subjected to a lot of restrictions.  His access to the phone and kiosk could be limited for a significant number of months... Furthermore, in Hasan’s view, this matter cannot be won within the ODRC.  He regards it as a First Amendment issue and he wants outside support and coverage by the media.