Hi all,
question for those who can answer it. My husband has been hit pretty hard with a 115 that he had no part in. He was due to come home this Friday, however he received a write up at the beginning of July.

My husband's celly along with another person got drunk in my husband's cell (while he was at work), caused a lot of problems and ended up getting taken to the hole. My husband came home after work, entered the cell and was proceeding to change his clothes when three officers came to search it (they had just taken the 2 guys to the hole who were causing "drunk attention"). My husband informed them he had been at work and the officers filled him in on what had happened. He vacated the cell at this time for them to search it, and they found the alcohol the 2 guys were drinking. They slapped my husband with a "possession of manufactured alcohol" 115 which carries 120-130 days if found guilty, even though it had nothing to do with him. They said it was found in his cell so he was "guilty by association". He just came back from the hearing and they found him guilty. He's devastated...and so are we. We have been waiting eight and a half years for this. Needless to say, his celly as well as this other guy were present at the hearing and stated my husband had nothing to do with it. All three showed the Sergeant their 115's so he could see the series of events, and my husband also showed him his time card so that the hearing officer could see he was at work. Still he was found guilty with 130 days. I really can't understand the reasoning, but besides all of that, I'm wondering if there's a way that I can take it to another level. I know he can appeal it, but it's a timely process. It's really unjust and I can't bring myself to wait around for 130 days without doing anything. Honestly he has been found guilty of EVERY SINGLE 115 over the eight years which suggests some serious problems with this so-called "hearing", but I'm just going to fight one...this one. Any suggestions?

Your husband will definetely have to file a 602 form...and then follow the level of appeals. The first 602 will be the first level and once you get a decision of that appeal...and if its not in your favor...then you file another appeal which will be the 2nd leve appeal...and so forth. You can also call the Ombudsman and ask which route would be the best to take for this situation...here is the number for you and the email address for Ken Hurdle. Ken.Hurdle@cdcr.ca.gov (Ken.Hurdle@cdcr.ca.gov)
(916) 445-1748
They should be able to guide you on what would be the best way to handle this. Good luck sweetie. :thumbsup:





Hi all,
question for those who can answer it. My husband has been hit pretty hard with a 115 that he had no part in. He was due to come home this Friday, however he received a write up at the beginning of July.

My husband's celly along with another person got drunk in my husband's cell (while he was at work), caused a lot of problems and ended up getting taken to the hole. My husband came home after work, entered the cell and was proceeding to change his clothes when three officers came to search it (they had just taken the 2 guys to the hole who were causing "drunk attention"). My husband informed them he had been at work and the officers filled him in on what had happened. He vacated the cell at this time for them to search it, and they found the alcohol the 2 guys were drinking. They slapped my husband with a "possession of manufactured alcohol" 115 which carries 120-130 days if found guilty, even though it had nothing to do with him. They said it was found in his cell so he was "guilty by association". He just came back from the hearing and they found him guilty. He's devastated...and so are we. We have been waiting eight and a half years for this. Needless to say, his celly as well as this other guy were present at the hearing and stated my husband had nothing to do with it. All three showed the Sergeant their 115's so he could see the series of events, and my husband also showed him his time card so that the hearing officer could see he was at work. Still he was found guilty with 130 days. I really can't understand the reasoning, but besides all of that, I'm wondering if there's a way that I can take it to another level. I know he can appeal it, but it's a timely process. It's really unjust and I can't bring myself to wait around for 130 days without doing anything. Honestly he has been found guilty of EVERY SINGLE 115 over the eight years which suggests some serious problems with this so-called "hearing", but I'm just going to fight one...this one. Any suggestions?

For additional information about the 602 appeals process a friend of mine sent me this site.

http://www.prisonlaw.com/research.php (http://www.prisonlaw.com/research.php)

The section about "How to file an Administrative Appeal" was helpful in explaining the process to me.

Good luck. :)

What happened to him was that he was found to be in "constructive " "joint" possession. This means more than 1 person had the ability to control the alcohol, although it wasn't necessarily in their actual physical possession.
I assume teh alchol was made/stored in the cell in the usual pruno fashion. If that's what happened, there may have been sufficient evidence for the authorities to say that your inmate knew about it being around. If it is his cell, he could control it (although he'd have to snitch or act like he might snitch).

Wow I can't understand that though, If the two individuals came into the cell for that purpose and brought the alcohol with them, then it wasn't stored. If this happened while he was at work and already gone, how is that in his control?