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  #1  
Old 04-12-2017, 01:10 PM
♥MYINKDSCORPI0♡ ♥MYINKDSCORPI0♡ is offline
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Default Corruption in the system DHO hearing, false report, non supporting evidence

What can be done if a CO files a completely false report and there is video evidence that supports that but the DHO hearing is held by the secondary corrupt officer? Inmate requested his witness and the witness did give a statement but was not allowed to speak at hearing nor was his statement allowed. Hearing was not recorded. Inmate was not allowed to speak. Video evidence did not support the CO's claim. Discipline given for this offense which is not something that harmed anyone, did not involve contraband, didn't destroy property, but was supposed committing a "sex act" but video and witness show that it was touching a KNEE (at a camp) which is far less contact that any other inmate/visitor interaction. But inmate was sentenced to loss of 23 days good time, 6 months loss of visitation, commissary, phone, 90 days in SHU, and dismissal from the RDAP program which means he loses his early release, and his halfway house. They are refusing to give him a BP-10 and are withholding his mail. They are also transferring him to a facility 800 miles away. If he can get a real hearing the video will prove beyond any shadow of a doubt that the entire shot is made up. But how do you make that happen when he's being held at a corrupt facility until the timeline expires.?
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Old 04-12-2017, 03:45 PM
fbopnomore fbopnomore is offline
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How to defeat a kangaroo court? I doubt if it can be done given the way the bop deals with alleged conduct violations. Anything a staff member says is accepted as true, versus "false" for any inmate statements, especially by the prisoner who is being charged with the violation.

The DHO's findings are always presented to "cover their asses", and they definitely know the weaknesses in the case they just manipulated. As long as he is in prison, he is at the mercy of the prison staff, and especially the DHO/unit disciplinary team folks. I'm sure he can appeal the DHOs findings, but the appeal will probably be decided by the same DHO who issued the guilty verdict and punishments.

Jim Croce was singing about the bop when he said don't spit into the wind or tug on Superman's cape. "Complainers" always lose.
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Old 04-14-2017, 08:56 PM
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Quote:
Originally Posted by ♥MYINKDSCORPI0♡ View Post
What can be done if a CO files a completely false report and there is video evidence that supports that but the DHO hearing is held by the secondary corrupt officer? Inmate requested his witness and the witness did give a statement but was not allowed to speak at hearing nor was his statement allowed. Hearing was not recorded. Inmate was not allowed to speak. Video evidence did not support the CO's claim. Discipline given for this offense which is not something that harmed anyone, did not involve contraband, didn't destroy property, but was supposed committing a "sex act" but video and witness show that it was touching a KNEE (at a camp) which is far less contact that any other inmate/visitor interaction. But inmate was sentenced to loss of 23 days good time, 6 months loss of visitation, commissary, phone, 90 days in SHU, and dismissal from the RDAP program which means he loses his early release, and his halfway house. They are refusing to give him a BP-10 and are withholding his mail. They are also transferring him to a facility 800 miles away. If he can get a real hearing the video will prove beyond any shadow of a doubt that the entire shot is made up. But how do you make that happen when he's being held at a corrupt facility until the timeline expires.?
It's almost impossible. He'll have to go through the write-up process, where they'll keep covering for each other and once you get the no from Washington, you can take it to court to have a judge rule on it. They can NOT withhold the BP-10 from him. If they don't give it to him, write the Warden.

We did that with my husband's case. My husband got a DHO sentence for a 300 assault because when the CO told my husband that it wasn't his day to shop, my husband said "that's bullshit" and grabbed his commissary list to walk away. The sheet of paper touched the CO's hand and he wrote him up for assault. Two and a half years later, we're still waiting on the Judge's ruling and the "assault" keeps following him.
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Old 04-14-2017, 09:54 PM
♥MYINKDSCORPI0♡ ♥MYINKDSCORPI0♡ is offline
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This is killing me. They intentionally waited until a day when the hearing officer was going to be out to hold his hearing and they had a CO from the facility do the hearing and they didn't follow any kind of procedure. He has no kind of misconduct in his record and they hit him with everything possible at the max possible without letting him speak, without letting his witness be heard without letting his witness statement be read, without viewing the surveillance video which would have cleared him. They absolutely without a doubt steamrolled him. We don't have years to fight this. He was supposed to be coming home.
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Old 04-15-2017, 06:29 AM
fbopnomore fbopnomore is offline
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Unless he decides to accept the unjust outcome (one option) he needs to formally appeal the hearing decision, in writing. Will it help?, who knows, but it's the best chance he has. If the hearing officer didn't follow the correct procedures (and there are definitely "procedures" somewhere for you to locate), that's one way to attack the findings/penalties.

Sorry if I sound overly pessimistic, but forcing another hearing, with pissed a off hearing officer will be more likely to result in even more punishment than anything "fair".
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Old 04-15-2017, 08:01 AM
♥MYINKDSCORPI0♡ ♥MYINKDSCORPI0♡ is offline
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Quote:
Originally Posted by fbopnomore View Post
Unless he decides to accept the unjust outcome (one option) he needs to formally appeal the hearing decision, in writing. Will it help?, who knows, but it's the best chance he has. If the hearing officer didn't follow the correct procedures (and there are definitely "procedures" somewhere for you to locate), that's one way to attack the findings/penalties.

Sorry if I sound overly pessimistic, but forcing another hearing, with pissed a off hearing officer will be more likely to result in even more punishment than anything "fair".
But that's part of the problem he didn't get an actual hearing officer. The hearing officer was scheduled to be out so they let a CO hold the hearing. He didn't follow policy and actually penalized him with things that weren't even disciplinary options for what he's accused of. If he had an actual hearing with the hearing officer he would have had a chance. That's all he wanted was a real chance.
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Old 04-15-2017, 11:07 AM
fbopnomore fbopnomore is offline
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I understand what you said happened, and the very few options he has under the bop conduct violation policy. My warning, right or wrong, the bop has all of the power in this relationship, and one word I can never picture coming from them is "fair". The only way to get past the bop's total control of every aspect of a prisoner's life is when it is finally over, and he has been released from bop and US Probation's absolute control.

I am always amazed at all of the PTO posts "I only had X days left on my supervised release, but I just got sentenced to more months in a federal prison for a SR/probation violation". As Yogi said, "it ain't over until it's over".
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