NEW HELL HOLE NEWS
OCTOBER 19, 2009
New Hell Hole News #16 October 19th, 2009 Affidavit of H W Hank Skinner #999143 On 09/01 I sent Warden Simmons a certified letter complaining about the improper/illegal conduct of Warden Lester. On 09/19 I sent a similar letter to P. Morrow of the mailroom advising I was filing suit on her and O. Olvany for mishandling my mail which she received on 09/23. On 09/24, W. Cook, W. Lester's lackey who spies in prisoners' mail, wrote me cases 20100026803 & 809, falsely claiming that I had funds placed on prisoners' accounts for trade in commissary. At major disciplinary hearing it was revealed that Cook had no evidence to support the charges, that his “evidence” consisted of only kites received anonymously in the mailroom, which had no identifying information at all, did not mention my name and were not in my handwriting. Although allegedly someone on my visit list sent funds to various prisoners, that proves nothing as often people who write me, write others and help them, the trust fund accepts deposits from anyone and people can put any name on a money order and mail it. Under 5th Circuit Teague v Quarterman, the evidence requires “knowledge if not participation of both parties”. Both the prisoners involved stated they knew nothing about Cook's allegations. The charges were dismissed. The Captain DHO (Disciplinary Hearing Officer) had the option to reduce them to minor cases, but as the evidence would not support the charge it wouldn't matter if they were major or minor. Within two hours of dismissal, Cook came rushing onto the pod and went straight to my cell claiming I was “on drugs” and had to submit a urine analysis. I was in the dayroom talking to Justin Hall. When I ignored Cook and continued speaking to Hall, Cook turned on Hall and demanded he take a urine analysis, which Hall did and came up clean. I have never taken a urine analysis in the 13 years I've been here and I never will because TDCJ's urine analysis policy is a trick bag. I take Zantac which shows up as meth on a field test urine analysis as TDCJ uses, the test has a fallibility rate as high as 80% and if you get a false positive, TDCJ will charge you with internal possession. They confirm any positive result with only another urine analysis and will not give the prisoner an accurate blood tox screen by G.C/M.S., even if he demands it. I offered to take the blood test and was refused by both J. Stringer and W. Cook, and again at hearing by Captain S(hitty) Bryant. See Appeal of #20100036437 for refusing urine analysis. This occurred on 10/06/09 at 00:52pm. The aforementioned cases were dismissed on 10/06/09 at approximately 10:58am. The following day at about 10:00/11:00am of 10/07/09, officer Cook came with Sgt Farris and a group of men unknown to me who had a combo cell phone/dope dog. They again went straight to my cell. I was at rec in “E” dayroom. The dope dog went into my cell, made one turn and walked right back out. The handler enticed the dog back in my cell again. They moved my property around and sicced the dog on it. Again the dog made one turn around the cell and walked right out, hit on nothing. They then went to Justin Hall's cell and likewise found nothing. A this point Lester knew, or should have known, that I possess no drugs and am not on any drugs. On 10/08/09, I filed a Step 2 grievance in #2010000759, wherein I alleged all these events against Lester, Cook, Stringer, Bryant, etc. in that grievance I stated that cases #201000026803 & 809 were spurious because they alleged an offense date of 09/24/09 when the unit was on lockdown and no movement was allowed. While this was true, as well as it had no bearing on why Capt Stringer DHO dismissed the cases, as stated supra. In direct retaliation for my grievance, which constitutes protected activity under the Constitution, W. Cook rewrote the cases but now claims, instead of “for trade in commissary” that the funds were placed in these prisoners' accounts “for a debt of unknown transaction” and alleged an offense date of 10/08/09, the same day I filed my Step 2 for retaliation in #2010000759, naming Cook. These new cases, #20100040297 & 307 are spurious as well due to the fact that they
were based on the same exact set of kites and facts as #20100026803 & 809. There is no proof at all that I “had funds placed” anywhere, on these accounts or otherwise. Moreover, they again alleged an impossible offense date of 10/08/09 – offender Deleon #455466 went home on mandatory supervision on 09/30/09 and thus was not even on the unit on 10/08/09. His TDCJ-ITF account had been closed since 7 days before he left or, since at least 09/23/09. There is no evidence that I had any contact at all with prisoner Morgado #1284079 on 10/08/09 or at any other time and, more importantly, no funds were placed in his account on 10/08/09. Worse, Capt Stringer had the option at hearing to dismiss these cases or reduce them to minors. He dismissed them outright. If the evidence doesn't support the charge, as here, it matters not whether the charge is major or minor. Once the case is dismissed, that's it. Cook has egregiously violated my due process rights with the help of Warden Lester and Major Joe Smith, who graded these rewritten cases a minor in order to make an illegal end run around the due process requirements of a major disciplinary hearing. The obvious and only conclusion is that these three persons are retaliating against me at will as stated supra. At the hearing in/on Disc #20100036437 ma for refusing urine analysis, I again stated that I was not on any drugs and offered to take a blood test. It was refused, showing that Bryant and Lester's true objective was only to retaliate against me, not to discover whether I am “on drugs” as they allege. The charge stated I was ordered to submit to urine analysis “due to a reasonable suspicion of using a controlled substance”, yet when J. Stringer was directly questioned by me as to the basis of this so-called “reasonable suspicion”, she hesitated for some 45 seconds to 1 minute, prompting the Capt DHO Bryant to ask whether she heard the question. She continued to hesitate and, after being heard to consult with someone there with her (she testified on speakerphone, was not present in the hearing room), she finally vaguely answered “it was uh, based on information received”. When told she would have to articulate the “suspicion” and explain it as being “reasonable”, she was totally unable/unwilling to do so. DHO Bryant attempted to rescue her faltering non-answer by suggesting I was on some list and everyone on the list must be tested, but that had no bearing at all on the charged conduct which Stringer was unable to prove. This was not a random urine analysis, rather it was specifically targeted to me. Despite being totally unable to prove the charge, the DHO still convicted me of it. This hearing was ran on 10/14/09 at 2:29pm. Bryant had previously sat on the DRCC committee which illegally dropped me to level III for this urine analysis refusal. Thus Bryant was absolutely precluded by policy from sitting as DHO on this case because obviously he had a compelling interest in finding me guilty to justify his DRCC decision on 10/13/09 at 10:41am the previous day downgrading me to level III. This action itself was retaliation due to my complaining in #2010000759 grievance Step 2 that I was level II mishoused in a level III totally sealed up management cell. All of these actions were due to Warden Lester's retaliatory intent or scheme because of my complaints against him and his illegal actions which violate written policy and my constitutional rights. On 10/13/09 at approximately 10:30am, Lester had me moved to A-Pod, B-section, 23 cell next to death watch, which is his personal torture chamber for the infamous Richard Tabler, who allegedly threatened Senator John Whitmire. I was left all day in an empty cell with no property. When I was placed in the cell, it was filthy, full of welding park slag, concrete dust and chips, and grinder dust due to recent remodeling work. I had no cleaning supplies. All my property, legal or otherwise, was confiscated. Officer D. Smith took my ink pens, carbon paper, envelopes, pencils, stamps, cups, bowls, calculator, night light bulb, spoons, toothbrushes, shampoo, soap, toothpaste, hair grease, vitamins, envelope of mail, alarm clock, comb, dental flossers and shoelaces; all items I am permitted on any level. Officers unknown took all my legal files and papers out of the envelopes marked as to content for each, mixed them all up and threw them in my cell on the filthy floor. Once I finally got a towel to clean with, it took me over 30 hours over 2 days time to sort things out, clean the cell and return my property to some semblance of usable order. Sill many documents, envelopes and other material are missing or destroyed. Meanwhile at approximately 2:30/3:00am on 10/14/09, Lt K. Langford came to serve me the three
rewritten/false/aggrandized cases #20100040297, 307 and 315, at which point I explained to him that the cases had been dismissed by Capt Stringer for lack of evidence and that it did not matter whether the case was major or minor, if the evidence won't support the charge, it won't support the charge, that the handwriting sample provided by Cook allegedly as mine out of my outgoing mail was found by both Capt Stringer and CS Mosley to not match the handwriting on the kites, that the kites were received anonymously in the mailroom and did not contain my name or identify me in any way, nor did they identify either Deleon or Morgado, that Capt Stringer had the option to reduce the charges to minor at hearing, but he instead dismissed them and that no offense could have even occurred on 10/08/09 because prisoner Deleon left the unit on 09/30/09 on mandatory supervision release and there is no evidence that I had any contact with prisoner Morgado on 10/08/09 and no funds were placed on his account on that date, that officer Cook was retaliating due to my filing grievances on him and that he could not keep rewriting previously dismissed cases, getting the Major to grade them minor so as to skirt Capt Stringer's authority and avoid the due process requirements of a major disciplinary hearing. I further informed him of the due process requirements of the 5th Circuit U.S. CT App.'s decision in the recent Teague v Quarterman opinion that requires actual knowledge if not participation of both parties in order to convict, that the alleged kites did not match the handwriting of nor name or identify either Deleon or Morgado and both prisoners are on record as stating they knew nothing about Officer Cook's allegations at all; that Officer Cook could not go “forum shopping” until he found someone who'd hear his spurious faux drivel and convict me of it and that Lt K. Langford was violating my due process, 1st, 8th and 14th amendment rights even coming down here to try to serve me. Furthermore, at to Couch's case that I “remove the envelopes from (my) door”, I had an absolute right to put out my mail for officers to pick up. Lt Langford stated he agreed with me but that Warden Lester had ordered Capt Bryant to “look at Skinner any way you can” (which is a euphemism for instructing rank to harass and mistreat a prisoner) that Capt Bryant had ordered him to do it and that he thus had no choice. He then told me “well, have a great day!” and left. At hearing I had complained that Bryant had improperly leveled me for refusing a urine analysis, that according to the death row plan, the only reasons to be placed on level III are some kind of assaultive behavior or an escape attempt with high potential for assault, that he could not place on level III for refusing a urine analysis. At that hearing, on 10/14/09, Bryant stated “ok Skinner, ok. We'll look at your level, ok”. Bryant then instructed Lt K. Langford to falsify an I-203 DRCC form and to back date it to 10/13/09, alleging I had placed my arm in the food slot and refused to allow closure of it at 9:30pm on 10/13/09. Capt Bryant then used this falsified I-203 DRCC placement on restriction form to continue me on level III and placed me on food loaf restriction until 10/19/09 in direct retaliation on my complaint earlier that day. The I-203 alleged I committed this act at 18h00 changed to 21h30 on 10/13/09, at which time I was on AB-23 cell. Officers Simer and Bunting worked the pod that night and both attested to rank, in front of me, that I did not jack the slot on that date and time. Confronted with this information, Lt K. Langford made up some story that I had jacked the slot (refused to allow closure of the food slot) on Officer Couch. When Officer Couch was questioned, he falsely claimed the incident occurred on 10/12/09, that I kept the slot for 2 hours and eventually gave it up and went to bed; and no supervisor was ever called. On 10/15/09, I confronted D. Smith about improperly confiscating my property and she stated I couldn't have my pens and supplies. When I showed her the receipts she'd claimed I didn't buy them, she said “it still don't matter, you ain't getting shit, this is a fuckover direct from Warden Lester so get over it and live with it” and left. Later Lt Duff came on the section and I showed him the receipts, he said he would try to get my stuff from Smith. To date, it's not been returned. That night of 10/15/09 at mail call, I received a Prop-08 confiscation form from Smith dated 10/14/09 falsely claiming I'd refused to sign the form – a lie. I never saw it until I got it in the mail. Property Officer Smith has in the past destroyed numerous items of my property in this same fashion. She is like a “hit man” (woman) for the rank, she attacks and destroys the property of whoever they are displeased with for whatever reason. This section, that I have been placed on, has cameras on either end of the run, some in some of the
cells, the crossover doors are all taped shut, which permits entry to the section from only the gate. The gate is solid barred steel attached to a solid barred “dayroom” in a concrete aperture opening to the section, approximately 15 x 25 feet tall x wide. The bars extend on up to the section ceiling some 2 stories tall (14 cells, 7 in a row, 2 rows tall). The entire “dayroom” is actually a day cage of barred steel on 3 sides, the fourth side being a concrete divider wall that's between sections. So when the gate is popped (open) electronically from the picket, the slamming of the barred magnetic servo into the bolt creates a deafening noise which reverberates through the steel in the entire section with such force that you can feel it through your bunk (steel too) and mattress, into your bones. If you are asleep, it will instantly awaken you violently. Because the entire section's cells are all empty except mine and because the cells are all arrayed on the outermost perimeter wall of the pod, the volume and percussion is magnified and that much worse. Officers are instructed to do a “security check” on me every 30 minutes and are threatened everyday over it, telling them the cameras are recording them on DVR discs in the Major's office that he and Capt Bryant are reviewing the video feed every morning; and that if they are not seen doing the checks they will be fired. Thus I am subjected to sleep deprivation 24 hours a day. If I doze off at any time, I am soon awakened. When officers come in the section, but are out of camera range, they beat the bars with bean slot bars called a “crow's foot” which is a 5/8” thick metal bar, round in shape with a forked foot on the end of it, overall about 18”-24” long and weighs likely 10 lbs or better, beating or clacking it along the dayroom bars creates a noise almost as bad as popping the gate. They call to me: “Skinner, Skinner! Skinner! Are you alive up there?” The lights are on 24/7 and are never turned off, as with other “normal” pods. Ha/ha. I am not allowed any amenities, no coffee or other commissary staples. I still have no comb or hygiene items. I am not being allowed to recreated in the dayrooms where I could still not have any contact with other prisoners, but at least I could talk to them. If I am allowed to recreate, which is supposed to be three (3) days a week, I am asked only if I want to go outside by myself. Thus I am totally isolated in this section by myself. The so-called “tempered air” evaporative cooling system is kept on high so the section is freezing cold and terribly damp. I have no clothes other than state socks, boxers and 1 t-shirt + my TDCJ jumper. So I can't take my clothes off to wash them because I'd be too cold. I had two sets of thermal underwear, which Smith confiscated last year in October/November. The Warden ordered her to return them, which she did, but she turned right around and confiscated them again in February of this year. I immediately filed a complaint on her via grievance which to this date has never been answered. When I wrote the grievance officer about it, he claims it is still “being reviewed”. They have 40 days to answer a Step 1, 35 to answer a Step 2. No notices of extension have been served to me in either instance. In any event, due to these circumstances I am being psychologically tortured, I believe. At 2:00 or 3:00am every morning, officers come to check the pipechases between cells which have doors made of steel that are about 2 ? x 3 ? ft tall x wide and have a lock that uses a huge brass key like a jail door plus another steel bar that closes over the brass keyhole, secured by a padlock. The doors have been painted over many times and thus stick badly, requiring them to be jerked open and slammed shut which creates deafening noise. It should be noted that due to a recent court case against TDCJ for sleep deprivation, they agreed to leave prisoners be from 10:00pm – 6:00am at night to morning so they could get 8 hours sleep. However, Capt S(hitty) Bryant, on his own instance, negated that requirement for death row prisoners stating that, since they don't work, they don't have to allow them sleep at night. Warden Lester continues to interdict and intercept mail to and from me on grounds of “investigation” because my complaints against him and Cook and his other minions/staff are legitimate and he fears that if I file suit on him again, I will win, just as I did last time. Thus he tells his officers “go shake him down, shake him down real good”, which is a euphemism for “tear his stuff all to hell, destroy as much of it as you can and get something on him I can use against him to shut him up!” Yet all he takes from me every single time is items he has no business or right to take, as described supra. Warden Lester constantly attacks me with these fake “commodity exchange” cases because he is obviously some kind of racist and he despises the fact that I help prisoners who have nothing, who are usually
hispanic or black minorities. People in the world I associate with are all heads of civil activist organizations who help prisoners. Most of them are financially secure and often tell me they'd like to write or help other prisoners. When I give them names and/or numbers of prisoners who are interested, Simmons or Lester accuse me of making “illegal commodity exchanges” with these prisoners, as if eating commissary or sharing their information with interested parties in the world were some criminal enterprise or something. In the law of prison conditions is a term called an “overreaching, exaggerated response to legitimate governmental goals and/or prison security needs”. Simmons and Lester are severely afflicted with this particular malady. They act like a cross between a pair of common street thugs mixed with the dictator of a small island. Instead of addressing legitimate problems brought to them in complaints, they always retaliate or act out with uses of force, shakedowns, downgrades of classification level or some other maliciously punitive action. Simmons' actions in relation to the TDS investigation of Willie Pondexter's clemency petition are a good example of his thuggery and show that he believes himself above and impervious to the law. When legal interns, working for TDS attorney David Dow, attempted to interview officers who'd told Pondexter they'd testify in favor of clemency for him, Simmons called the sheriff of Polk County and had the interns arrested and threatened. The next day, Simmons appeared at 12 building turnout and told every officer there that if any of them talked to TDS investigators, they'd be fired immediately. Simmons runs this place like a petty dictator or mafioso, not like a professional state official heading the office of Warden. I hereby declare under penalty of perjury that the foregoing pages are true and correct to the best of my knowledge and belief per 28 USC § 1746. Given my hand, this 19th day of October 2009. H W Hank Skinner #999143 The original handwritten affidavit from Hank and the Step 1 grievance it was attached to can be found here. #999143 Polunsky Unit H W Hank Skinner 3872 FM 350 South Livingston TX 77351-8580 h.w.skinner@gmail.com http://www.hankskinner.org