I have submitted a motion to Regional asking them to grant a stay of proceedings with respect to a disciplinary charge that I kicked Lt. Sieja. Fundamentally, I have been denied the opportunity to see the evidence against me. I’ve asked for copies of this evidence via the federal Freedom of Information Act, (FOI) but haven’t yet received it.

Under the blog post you can find a copy of the motion for stay, as well as a provisional appeal. If the stay is denied, I want my appeal considered. However, the key issue in this case is the due process claim arising out of the refusal to allow me to see the evidence used against me.

All other disciplinary charges against me have been decided, at least at the institution level. Included in this blog post is a synopsis of the results.

For anyone who still thinks that true justice constitutes any substantial part of the reason for the existence of the US Department of Justice (DOJ) or it’s subsidiary the Federal Bureau of Prisons, (BOP) consider these facts.

I’ve been found guilty of kicking Lt. Sieja without ever seeing the evidence against me.  Literally.  The Disciplinary Hearing Officer, Ms. L. Ward, read from one out of four written statements, allegedly made on the day of the incident, 7-29-12.  If these dates reflect the truth, I could have been served with the evidence against me at the same time I was served with the formal Incident Report, know as a “shot,” since I received the shot late in the evening, long after the conclusion of the day shift, during which the incident occurred.  Yet Ms. Ward would not let me see the witness statements, or even know who had made the statements that she relied upon for a finding of guilt.

I have submitted a MOTION FOR STAY, ETC http://dl.dropbox.com/u/61776193/Motion%20for%20Stay.pdf as well as a PROVISIONAL APPEAL, http://dl.dropbox.com/u/61776193/Provisional%20Appeal.pdf upon which I request consideration only if the stay motion is denied.  This prison apparently only started the investigation of Lt. Sieja’s assault upon me some 3 months after the event.  So far, I have no indication that any investigation has been commenced, with respect to the theft of my personal notes.  I certainly don’t have the results or conclusions of any such investigation(s).

Does this matter to the public?  Surely it does if you care about justice.  If not, why the outcry over the Star Chamber of England long ago?

A threat to justice anywhere is a threat to justice everywhere.  The US DOJ is busily constructing, enlarging, and strengthening the apparatus of a police state.  Don’t deceive yourself, that police state is for YOU!

Have you read in the papers about the “secret evidence” used to hold prisoners in Guantanamo for years?  Have you read about how these cases crumbled to dust with a high degree of regularity, when the government actually had to disclose its evidence?   Have you read about the stonewalling and footdragging used by the federal government to victimize even the most obviously innocent persons?  Governments almost always start lawlessness against the most despised and rejected classes of people.  Those classes of people tend to lack public support.  But governmental lawlessness virtually never stays static.  It either spreads like a cancer, or gets pushed back by an angry public.

The deprivation of justice for a simple minded, backward, Afghan farmer, by the US government, DOES matter to ordinary Americans.  As a people and as a nation, we claim to wear the “white hat” of the world.  The trampling of due process by the US government sullies the honor and reputation not only of the government employees who engage in the conduct, but also of the citizens of the several states.  We elect our leaders and pay the bills.   We boast of a government “of the people, by the people, and for the people.”   Thus we have a civic duty to protest, loudly and vigorously, when the principles of due process are abused and rejected.

Nobody can effectively defend against “evidence” of which they have no notice or knowledge.  I was stunned to see Ms. Ward’s report discuss Lt. Sieja’s apparent allegation that he placed me against the wall before taking me to the floor.  I was even more stunned to see Ms. Ward casually discount differences in the written stories as insignificant.

The other “shots” have also been decided.  A synopsis of the results is shown below:

1)  The accusation that I threatened Lt. Sieja:

This shot was “expunged,” which is the formal term for dismissal of a meritless charge.

2)  The accusation of dispensing soap in the bathrooms:

I’ll have to do 20 hours of work on a reduced “300 Series” charge, then that shot will be expunged.

3)  The accusation of “stealing” on the basis of a half dozen oranges and a half a serving of bran flakes:

Reduced to a “300 Series” shot.  After some discussion the parties arrived at a punishment of 14 days lost good time,      with no additional punishment for the incident.

A separate, additional charge of “stealing” government food was informally resolved with some time on a push mower.  There are no additional pending “shots” at this time.