Well,
it's official, at least as far as the DHO (Disciplinary Hearing
Officer) for the U.S. Penitentiary here in Terre Haute is concerned;
having «sexually explicit» thoughts is now a punishable offense for
«sex offenders». And, as George Orwell so famously predicted, once
that happens there is nothing stopping «Big Brother» from punishing
whoever it wants. All they have to do is accuse you of a «thought
crime» and you are automatically guilty. And so I have been found
guilty of «child pornography» in my cell, simply because I am a sex
offender, with crimes against children, and have an otherwise
perfectly legal picture of a shirtless little girl taken from Vogue
magazine's Website (see: "Child Porn" Found In My Cell... Again).
Not
only was the picture perfectly legal (by bother B.O.P. policy and
Federal Law), but it was actually issued to me in a letter that was
opened and inspected by the prison mail room staff. I had no reason
to think I wasn't allowed to have it, and even if I did «get off»
on the picture (which I don't) then so what? Does «getting off» on
a picture of women's shoes for someone with a shoe fetish make such
pictures pornographic? It seems the DHO thinks it does. So he found
me guilty of «Prohibited Act 205», which according to the official
discipline manual is, «Possession of anything not authorized for
retention by the inmate, and not issued to him through regular
channels.»
But!
B.O.P. policy explicitly authorizes inmates to have pictures that
comply with very specific and clearly defined limitations, which this
picture does; AND, it was issued to me after being inspected through
regular channels (i.e. prisoner mail). So, the DHO found me guilty
not by facts and policy, but apparently just on «principle»;
because he imagined that I «got off» on the picture and thus needed
to be punished.
And
«punish» he did, severely. Even though a «305» is a low level
offense (100 level are the most serious, and 400 level are the least
serious) he fined me $75 (I only had $78 in my inmate account, so he
obviously just wanted to take all the money from me he could) and
took several «privileges» (phone, commissary, visiting, etc...) for
120 days (the most he is allowed to take for even the most serious
offenses is 180 days). And this was the first and only time in
Federal prison that I've ever been «written up» for anything! I
generally follow their rules, and don't get in trouble at all --- not
even when they «yank my chain», as they're so obviously doing now.
I
can't appeal his decision until I get the official «DHO notice»
(paperwork) from the hearing. The hearing was on April 15 (two weeks
ago) and the other prisoners on my tier got their «notice»
paperwork last week. But, not me. I think maybe the DHO realized too
late (i.e. after he found me «guilty» at the hearing) that he
couldn't legally find me guilty and then just make up a reason for it
later when he filled out the paperwork --- because for once there is
no reason! (They know that usually they can always «find a reason»
after the fact; but in this case there simply isn't one. The policy
and Federal Laws say that the picture is perfectly legal; and it was
issued to me. So even if the DHO declares that the picture is somehow
a «threat to institution order and security» (a favorite «fall
back» that they use for everything from prohibiting dental floss to
restricting «R»-rated movies from being shown on the prison movie
channel) he can't (at least according to policy) «punish» me for
having it, because only the Warden is allowed to make those
determinations, and when he does he must let the prisoner know in
writing. And since the Warden, nor anyone else, has ever told me I
wasn't allowed to have pictures of children, the DHO can't accuse me
--- or, find me guilty --- of having something unauthorized ...
according to their own policies).
In
the meantime, I can't call my mom, or even my attorney (who has
agreed to help me appeal this nonsense), who are the only people I
ever call regularly. And I can't buy salt or sweetener (to make the
food here a little more palatable) or anything else on commissary,
not even stamps and paper for letters (because DHO took all of my
money). But, worst of all, the DHO has once more created a record of
me having «child pornography» in my cell --- something I have NEVER
been guilty of, and yet this is the third time (in all my years of
living in confinement) that I have been accused of it merely because
I am a «sex offender» with «crimes against children» and have a
picture of a child with no shirt (in every case a picture that I had
never paid special attention to, but even if I had ... so?). And this
record «can and will be used against me in a court of law» if I
ever end up back in court (and the chances are very good that I will,
eventually; especially if my attorneys have their way).
So,
if only to expunge the record, I must «fight» this B.S.. And, like
I just told my girlfriend in a letter, I resent being forced to play
their silly game again! But, if I must play, then I will play hard.
I've already filed a complaint to both the Warden and the Regional
Director for the «unconstitutional conduct» of the DHO. (2) I don't
expect either of them to do anything about it, but by not doing
anything they make themselves a part of a «conspiracy to deprive me
of my constitutional rights» (1), which is exactly what all this is.
(Anyone who reads the Fifth Nail closely might recall that I don't
«believe» in legal rights, «constitutional» or otherwise, because
I've seen every so-called «right» taken away as soon as it becomes
inconvenient for «Big Brother» --- and the present circumstance is
a pretty good example of that. So, I'm just playing their silly
little game just to get them to leave me alone in my cell while I
wait for them to make up their minds about killing me. It's times
like this that I often wish they'd just stop playing their games and
kill me already --- a sentiment that I've heard shared by many other
prisoners here on Federal death row!)
Since
there is no fixed limit for how long they can take to give me the
official «notice» from the hearing, they can essentially punish
anyone they want, for any reason they want, without giving the person
a chance to appeal for relief from the punishment until the
punishment is over. And by that time it doesn't matter anymore. And
the courts won't let a prisoner sue for «emotional distress» or
anything else unless there is some kind of physical injury involved.
You better believe that the DHO (and all «disciplinary officers» in
any prison) know this fact well, which is why (most likely) I haven't
received my «notice» yet, and probably won't for a while (assuming
the DHO realizes that his decision must be reversed, because if it's
not then it becomes a conspiracy, and elevates the seriousness of the
«unconstitutional conduct» to a whole new level).
But,
maybe the DHO doesn't realize that I can still sue for a «punitive»
settlement (i.e. intend to discourage them from ignoring the law and
doing whatever they want), or maybe he does realize it and is just
hoping I don't realize it before the 20 day time limit for
«complaining» runs out. As usual, I'm just guessing the rules as
they change them, and just hoping I can convince them to find someone
else to «play with» next time.
I'll
write another update soon.
[J.D.
April 27, 2015]
Notes:
- The «constitutional» right that I'm referring to here is commonly called the «right to due process» (from the Fifth Amendment), and in particularly, the «right to a fair and impartial hearing», which the courts have recognized for prisoners facing disciplinary proceedings since 1974 (Wolff v. McDonnell, 418 U.S. 539).
