NEW HELL HOLE NEWS
JUNE 18, 2009
New Hell Hole News - #11 JUNE 18, 2009 PUNISHING SPEECH Hey y’all. I was going to try to get away from writing this column for awhile but it seems this clown Lester and his cohorts Major J. Smith and Captain S. Bryant just won’t let me. I’m told Warden Tim Lester was informed about my Hell Hole News and went online to read it. Infuriated, he instructed Major Smith and Captain Bryant to have the shakedown team search my cell every other day – then they began trying in earnest to set me up with false disciplinary cases. Rather than re-narrate the situation I’ll just quote the step 1 and 2 grievances below: GR #2009150696: STEP ONE APPEAL OF DISCIPLINARY # 20090222738 MA: “My due process rights were violated because officer Nickerson’s statement (written) was used to convict me, yet I was not allowed to question him. The violation is especially egregious, as the DHO purports to rely otherwise on demonstrably false evidence: Officer Grigsby first stated I had “tried to flush marijuana”. Upon cross examination by me he admitted the cell window was unobstructed, he never saw me near the toilet nor trying to flush anything; that it was merely his subjective belief that I did. Grigsby stated there was a pencil (wood) lighter in the toilet but the photograph evidence of the toilet bowl shows no lighter. I testified that my water was off, my neighbor was madly flushing his toilet; toilet paper and crumbs boiled up into my toilet by regurgitation. My neighbor was caught with marijuana and flushing it. He had just been moved to that Level II cell for soliciting an officer to provide him with marijuana. Grigsby testified the toilet paper and marijuana were “all mixed together” in the toilet bowl. This could only happen by regurgitation into my toilet from next door. The DHO purports to rely on a “lighter/striker found WITH the marijuana” yet that is directly contradicted by the photographic evidence. Grigsby’s admission and the photographic evidence completely undermine his original allegation of my possessing marijuana and instead totally support my testimony that I never possessed it; that it regurgitated into my toilet due to my neighbor’s incessant flushing. By not requiring Nickerson’s presence and allowing only his purportedly written statement to be admitted, then relying upon it prevented me from proving my innocence, as Nickerson too was relying only on his subjective assumptions and would’ve likely been compelled to admit he never saw me attempting to flush anything. The DHO specifically stated he would’ve believed my statement but for the alleged lighter and Nickerson’s statement. I was also denied evidence favorable to me where the DHO failed to reveal that he just previously days before convicted my neighbor of solicitation and that he was then caught flushing and in possession of marijuana. Conviction of this case was improper, violating my due process rights and applicable constitutional rights. Signed: Henry Skinner 999143, H. W. Hank Skinner submitted: May 07, 2009. GRIEVANCE RESPONSE: “Disciplinary case 20090222738 was reviewed and no procedural or due process errors were identified. It appears that there was sufficient evidence to support a guilty verdict. The punishment imposed was with agency guidelines; therefore, there is no valid reason to warrant overturning this case. Signed: Warden T. Lester, June 04, 2009. Hirsch usually sings off on grievances since that is within the purview of the assistant warden for administration. Lester is assistant warden for security. Ha/ha. Well, as it turns out Lester is retaliating against me for what I’ve said about him in my Hell Hole News and this whole thing was a set-up from jump street. I later spoke to officer Nickerson who admitted he’d never made any such statement against me. Read on, the Step 2 following: GR#2009150696 JUNE 18, 2009 STEP 2: “The Step 1 answer is in error and is a result of retaliation by Warden Tim Lester, Major Joe Smith and Captain S. Bryant. This case was a result of Lester et al putting me on shakedown every other day because he doesn’t like my writing critically of him and his minions. I have, with my assigns in the freeworld, statements from five (5) different officers that Lester has ordered me to be shook down twice each card – every other day in open retaliation for what I’ve written about him and other State officials in my Hell Hole News. That they believe he is placing them at risk and that Warden Simmons has previously threatened them all with their jobs if they fail to comply or say anything about it to
prisoners or others outside the institution. Two (2) of these officers were on the shakedown team but quit after hearing the major, Smith, Captain Bryant and the property officer, Smith, discussing various ways to falsify cases against me and retaliate. Since my last posting 04-01 to Lamp of Hope I have been subjected to 33 such shake downs wherein officers took only my pens, writing paper, stamps, envelopes, legitimately owned books and food items. It goes without saying that Lester’s retaliatory intent is obvious – writing letters, reading and/or eating food do not implicate ANY legitimate security concern. When Lester was major here in 2001 – 2003, I had sustained two (2) separate grievances against him for retaliation, on this very exact same sort of conduct. In one of those grievances it was because he’d wrote an IOC to medical forbidding them to treat me for Hepatitis C, claiming it was “a security issue” - I later won suit against him and got the treatment anyway. Now Lester is back as warden and right back up to his old tricks. Officer Grigsby gave false testimony at the hearing and was tricked into admitting it. The Captain DHO then called for admission of a statement (written) purportedly by Officer Nickerson - Officer Nickerson personally told me on 05-09-09 that he never wrote any statement at all; that he was called at home and misled into believing he was testifying in my hearing and that I was present. His statement was that he never saw me trying to flush anything, that I was in bed asleep when he came to announce shakedown, that I was butt naked, I turned to the toilet to pee. I went to the bunk and got my clothes, I let him search them and I came right on out and told him the toilet was boiling over and his stated that whatever was in the toilet was there already before he woke me. When his statement didn’t match Grigsby’s and instead exonerated me, Wickerson et al fabricated a written statement (falsely) purporting to be Nickerson’s but which was not and I was not allowed to call or question him, violating my due process rights. Furthermore, these repeated, targeted, retaliatory shakedowns violate my rights and, I am the only person on this building subject to such treatment. Lester must be restrained from retaliating and this case must be reversed. /s/ Henry Skinner 999143, H. W. Hank Skinner submitted: June 18th, 2009. That date, June 18th, is the 10th anniversary of my coming to this hell hole. How appropriate. The constitution permits random chronospacially intermittent cell searches. It does not permit targeted, intentional and repeated harassment/retaliation intended as punishment because a little warden ho-ho doesn’t like what a prisoner writes about prison conditions or administration. Not only are these actions of Timothy Lester’s illegal but punishing speech itself is illegal under the First and Fourteenth Amendments to the U. S. Constitution. People like Lester just never learn. But I wanted to be 100% assured of my position before I said anything. Sometimes you just have to suffer in order to win. I’ve suffered a lot because of Simmons, Hirsch and Lester’s idiocy, as have my loved ones out there. It’s funny, you know they say that the twin definitions of stupidity and insanity encompass doing the same thing over and over and over again, yet expecting a different result each time. As my colleague and friend Leon Dorsey IV (aka Soulja) R.I.P used to say: “Them fools just STUCK on stupid”. As if it were a switch or lever and they can’t turn it off. They say “sociopaths” fail to learn from their mistakes. Hmmmm. Must be a pile of those in Polunsky Unit employ and Huntsville too. ♫♫♫♫ Be. All that you can be. Join the TDCJ idiocy ♫♫♫♫ ha/ha. PUNISHING SPEECH II: THE CAMEL JOCKEY CONNECTION STEP 1 GRIEVANCE: This is a complaint against Ophelia Olvany (Mail Room supervisors) for retaliation consisting of illegal interdiction of U.S. certified mail, falsification of governmental documents and illegal denial and withholding of mail. Ever since I wrote letters out of here critical of Olvany’s running of the mail room and instructed my people to track my mail and delivery dates, Olvany et. al has engaged a systematic method of obscuring my access to the information in an effort to prevent me from proving up my claims that she is vindictively and illegally withholding my mail. She began arbitrarily denying my incoming priority mailers so I switched to certified and Tyvek envelopes. Now she has begun denying those incoming certified envelopes in order to obscure the fact that she is not delivering my mail within 48 hours as the mail rules require. More recently she has falsely denied certified mail from Nancy Bailey which contained visit photos of mine, claiming it is mail from someone on my negative mail list. Nancy Bailey is not and never has been on my negative mail list and Olvany well knows that. Although some of the photos in question are of me and my wife, who is on my negative mail list – but the photos did NOT come from my wife and have no connection to her at all and Olvany well knew that when she falsified the denial form claiming otherwise. I sent the master sheet of these photos to another pen-pal, Dorothea DeGaille, and asked her to get proofs from one of my web domain sites which were of a sufficient quality for copying. She did, and sent them to Nancy Bailey, who got the copies made and sent them to me on May 22nd, 2009; (see attached letter and photo proof sheet from Nancy Bailey). Nancy mailed these from Stafford, TX. My wife lives in Paris,
France. (The letter was sent by certified mail 7005 0390 0001 9099 8047 RRR) (Delivered to this unit 0527-09 and signed for by G. Hadley). So Olvany knew the letter came from Nancy, not my wife, and Nancy plainly states in her letter that it was Dorothea who told her I wanted copies of the photos. My wife is the only person on my negative mail list and she had no involvement in this at all. Other examples: Olvany has denied on 05-13 “photocopy of Tarot cards neither a stationery item or publication = denied; = 05-28 “sheet of photocopy of (Tarot) playing cards = denied”; and 3 sheets of a publication = denied”; and, on 06-08 “Tyvek envelope = denied”; and on 06-15 “Tyvek envelope = denied and publication = denied” all from my DNA expert and friend Lyn Cồté. NONE these denials fall within the ambit of BP – 03.91’s descriptions of deniable material and Olvany well knew that when she falsified these government documents (Denial Forms) then lied to DRC to mislead them into erroneously upholding the denials, all in violation of my rights under the 1st and 14th Amendments. XXX---X ACTION REQUESTED: That Olvany be required to deliver all my mail in 48 hours and quit withholding my priority mail for 7 days and other mail interminably and that she be restrained from such retaliation or attempting to illegally punish speech. For all of you who wonder why on earth your priority mail takes days to reach your pen-pal (outgoing) or prisoner (incoming) it’s because this silly tramp Olvany has some pet peeve with priority mail and always withholds outgoing priority mail for 3 days or more before posting it and incoming 7 days before delivering it to the prisoner. I just sent a priority letter to Mrs. Maggard on the 08th June and it was not delivered to the postmaster by Olvany until the 11th – 3 days. My priority letters from Evelyne Giordani always take 10 – 11 days, but when she sends them by regular air mail they get here in 4 days. This B.S. started when this P.O.S. Olvany took over the mail room after Penny Long left after getting a promotion with MSCP in Huntsville. I have spent the last 3 year documenting Olvany’s mishandling of the mail and now I’m filing suit on it. But it’s not Olvany alone. No, Billy Hirsch has had this fat sweaty trick William Cook up there in the mail room reading mail of particular prisoners he doesn’t like and looking for ways to use knowledge gained from their mail to manipulate them or leverage against them and Warden Simmons too, has participated in this wholly illegal brand of retaliation and censorship – that’s how my wife came to be taken off my visitor’s list and placed on a negative mail list to start with. It’s taken me a while to gather up the evidence to prove up the claims but I have plenty of it now, including statements from officers and administrative personnel who are sickened by the actions of these people. The sadistic, immature, venomously vindictive, venal nature and character of these clowns is amazing to behold. But their day is coming, and soon. My best to you all, Hank h.w.skinner@gmail.com http://www.hankskinner.org 999143 Polunsky Unit H W Hank Skinner 3872 FM 350 South Livingston TX 77351-8580