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It was at the prison. I can't tell but it was a violation of CCR3005 (d) (3)
The hearing was to determine if he was guillty of participating in the riot. No one saw him, none of the correctional officers saw him and the hearing officer relied on numerous reports of Correctional officers that reported they observed groups of inmatesfighting and rioting throughout facility D recreation yard. My son was between d 3 and d4 yard not on the main yard. One report saw a group of 90 blacks near the basketball court. There is not 1 report of a correction officer or any other person who saw whether my son was down per instruction and alarm, or fighting. His defense is that he was working out and saw the riot and heard the alarm and got down immediately. The only evidence that is relevant or supports a finding of guilt is the schematic which was done after the riot and my son was identified as #139. The report of the LVN stated the only finding was redness on the upper torso. That doesn't support a finding that he was in face participating in the riot. Rather, as my son states, it was from laying face down on the asphalt for over 2 hours with his hands cuffed behind his back. The hearing officer mistated the findings of the LVN's report and stated: richardson had reddened to the torso area. It was the upper torso and only redness to that area. The LVN even states that if he was laying on the concrete for 2 hours handcuffed the injuries would be redness to the torso and scratches to the wrist. Other than the schematic after the riot that placed him in an area where the riot was taking place, there is no evidence to prove he was a participant and guilty. I just need to know how to rebut this finding of guilt so when he goes before his review board in mid January he can point out the error in the finding of guilt. He has been working to get his points down, almost copmpleted the vocation for construction, building management. He has really been trying hard and this finding of guilt is devastating to him.
not yet. He is in the hole in Ironwood State prison so he is only allowed to write letters. I will see if I can retain a Lawyer in Blythe. Thank you for your expert responses. Yes I will give you a great review. Happy New Year.
Thank you for the web link. I figured it out . I was an attorney in California for 20 years , however, I suffered a Brain Injury so I don't practice. I got some good information from you and Thanks.
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