Wednesday, August 15, 2018

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. 

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