Unlawfully Restrained

Weber, C. Walter



Charles Walter Weber Monroe Correctional Complex/TRU P.O. Box 888 Monroe, Wa. 98272-0888 April 4th, 2019 The American Prison Writing Archive, Hamilton College: 198 College Hill Road; Clinton, NY. 13323-1218 RE: Unlawfully Restrained To whom it may concern, I am a dropout gang member who was struck out in 2004-05 in Walla Walla County for a fist fight I was in inside of the Penitentiary of Washington State, in which another inmate/gang member entered my cell to fight me at the behest of his Muslim gang leader, in which the invading man received a mildly splintering fracture’ in his nose, according to the expert testimony at trial. This incident was manufactured into being a gang jumping by the investigator, Jim Hartford of my cell mates and I, and the video footage which would have proven my story to have been the truth, and this man to have lied was not retrieved by the investigator, and though I also incurred injuries during the altercation I was not interviewed by the investigator, and only the alleged victim was interviewed in the matter. The charging information in this matter attributed my injuries (gash behind my ear, and bruise to eye) falsely to the invading man, which was not challenged by my public defender in a pre-trial hearing as it rightly should have been, though this truth came out during trial. . Because I was living under a ‘convict code’ and the restraint of priosn politics at the time, I could not even name witnesses, such as the gang leader, who had approached me in the multi-man shower, where 68 inmates shower on 15 shower heads, and informed me that the invading man would be coming up to fight me after lunch, nor could I testify that the man had come in swinging, but I merely took the stand to speak that my actions were done in self-defense of myself and my own cell, where I had every right to be. On June, 23rd 2012—nearly eight years after the incident I dropped out of the prison gang that I had become a part of, and completely recreated myself, and changed my life, becoming an upstanding citizen of my prison community; setting a positive example of work ethics, and a positive attitude, gaining much staff support around the state. My original conviction for attempted murder was vacated, which had been used in Walla Walla County on April, 15th 2005 as the second predicate strike offense to prove me to be a persistent offender eligible for life without the possibility of parole under Washington State's "3 strikes" law, which brought my judgment and sentence to be 'facially invalid’. This brought my third strike conviction for which I am serving a life sentence with no possibility of parole to be inoperable. I filed a CrR 7.8 motion for an evidentiary hearing to be re-sentenced to a standard range on 7/3/18, and without notice I was transferred out of the long term minimum/medium custody, "Safe harbor - Protective Custody” facility unit at the Monroe Correctional Complex/Twin Rivers Unit in Monroe Washington on 7/29/18; where I had been housed for over five years without so much as a minor infraction, back to the Washington State Penitentiary, where this third strike had been manufactured in the first place 15 years ago. After over 7 years infraction free, and over 10 years without a fight, the administration did not hesitate to remind me of exactly who I was in their eyes—placing me on administrative segregation (ad-seg status as a ‘threat to the orderly operations of the facility’, by Unit Supervisor Charles W. Pease III of the I.M.U. North on the designated ‘death row’ (ISDP) tier in D-05 for 63 days of the 162 days I was held under the Unlawful Restraint of not being allowed to order even simple hygiene items, food, coffee, for the first 86 days, no exercise shorts, my chain bag packed with simple hygiene for the trip—refused to me, and worst of all, even legal materials; paper, books, and an electronic legal library (ELL), and my legal motions and address book were all denied to me from my chain bag, and my legal mail from the office of the prosecuting attorney was continuously opened outside of my presence. Unit Supervisor Charles W. Pease III had met me in 2004-05 while I was being struck out for this fight, and had served as the ad-seg hearings officer in the I.M.U. North at that time, and had refused to release me from the I.M.U. after I had completed my Offender Change Program (OCP) in May, 2005, because I would not admit to the lie that had been manufactured against me by Investigator Jim Hartford—together with others, which had already given me a life sentence 1-month prior for my first fight in prison. I was kept in the I.M.U. North at the Penitentiary until Mr. Pease retired that position later in the year.... Upon my return to the Penitentiary for these collateral Proceedings on the third strike conviction 14 years later on 8/1/18 I am met by Mr. Pease, who is now the Unit Supervisor, and knows that I am only here for court in Walla Walla Superior Courthouse fighting that third strike conviction, and I am removed from the chain bus and taken to the I.M.U. North, where I am met by Mr. Pease, who asks, "do you remember me?" And as I nod my head, I began telling him how I have been infraction free for over 7 years, and haven't been in a fight in over 10, to which he responded, "Well, you have an history here. I am placing you on ad-seg as a ‘threat to the orderly operations of the facility, and putting you on the ISDP tier... for security reasons." Mr. Pease served as the requesting staff and the authorizing staff member on my initial ad-seg paperwork. I was kept in the I.M.U. North for 162 days—throughout the entirety of my court proceedings, having to fight for every hour given to me on the units single electronic legal library (ELL) available to up to 96 inmates housed in the I.M.U. North, and denied appointment of counsel, and transfer out to the county jail of Walla Walla—given no notice of any of the hearings held in the matter of these proceedings, and denied the opportunity to even present my motions and be heard by the court, and all motions made for relief from judgment were denied by the court in blanket denials of all requested relief. I had been told by Unit Supervisor Charles W. Pease III, Associate Superintendent Chris Bowman, And Ad—Seg Hearings Officer Lee P. Young that 'There is no safe housing for you at WSP". Which was proven to be false when I was released from the Unlawful Restraint of the I.M.U. North on 1/9/19 into the Protective Custody Bar-Units of the Washington State Penitentiary—two days after I had lost all motions to gain relief from the fraudulent conviction. I filed a Writ of Mandamus in the Supreme Court of Washington to have the superior court hear my motions be presented on 1/31/19, which was a 270 page document I had scanned to the court e filing through the law librarian, Mrs. Jackson, which is done outside of the presence of the inmate filing documents-as is their practice, in which curiously-pages 136-178 were either not scanned to the Supreme Court by the law librarian, or are being unlawfully withheld from me. (came to learn that these pages were scanned 2 hours after the rest of the document, which was after she had already given my document back to me. How did she still have a copy to scan? Her scanning the middle pages caused an error in the Supreme Court computer, which is why I never received a confirmation copy back). These pages were curiously pages proving the misconduct of DOC Officials, and their violations of their own policies, rules and procedures of holding me under Unlawful Restraint in the I.M.U. North beyond the scope of DOC Policy 320.200—which only allows them to hold inmates on ad-seg for 47-days before they must make a recommendation for release or to give me an I.M.S. Program. The same DOC Officials who were responsible for manufacturing this third strike conviction against me 15 years ago to give me this life sentence, and now have actually stopped me from being able to adequately represent myself in these collateral proceedings, and now have actually withheld documents for vindictive purposes-interfering with my access to the courts, have continually opened my incoming legal mail outside of my presence—refusing to leave me on ‘priority access‘ for legal accommodations, knowing that I was only in Walla Walla for court proceedings. These DOC Policies all support my allegations. DOC 320.200 III. N. 2-3, IV. A. 1-2. DOC Policy 320.180 II. A., DOC 590.500 VI. D. 1. (b), and DOC Policy 450.100 VII. A. 2. (a). I was transferred to the Penitentiary out of a protective custody unit, where I am being housed as a dropout gang member from one of the most violent gangs in the Washington State Department of Corrections as an ‘active gang member’ and placed in a four man cage on the chain bus with 3 active soldiers of my old gang, and rode across the state on a 9 hour trip with these men.... Even when I left the Penitentiary from the Protective Custody Bar Units I was placed on the chain bus with all of the other men being transferred out of Walla Walla, yet upon arrival in the receiving center in Shelton, I was once again removed and placed in the I.M.U. pending transfer, and denied my chain bag, or even a comb to comb my hair, and was not even placed on ad-seg, which left me with no one to appeal to, but was merely left to sit, under Unlawful restraint once again. When I transferred out 5-days later back to the Twin Rivers Unit in Monroe, I was once again placed on the chain bus in the four man cage with two more active gang members from my old prison gang. I Am under the Unlawful restraint of being classified as an "active gang member" somewhere in my file, which places me in both physical danger, and on a status of ‘threat to the orderly operations of the facility”, any time I leave this facility, and anyone who is to read my file would only read that I am a “high violent active gang member,” though I have not been in a fight in nearly 11 years out of my over 16 down, and have not even had an infraction in nearly 8 years.... I have proof of all allegations, and statements made in this plea to the world, including letters, behavioral logs made by staff observations, certificates earned, and affidavits of more than a dozen men regarding the fraudulent conviction, including the alleged victim in the matter, who was here with me for over five years. And all kites, appeals, letters etc. proving the allegations against the Penitentiary staff. Under the Unlawful Restraint of the Washington State Department of Corrections, In Peace, Strength, and Freedom from all that binds us, C. Walter Weber Tiller of the Earth

Author: Weber, C. Walter

Author Location: Washington

Date: April 4, 2019

Genre: Essay

Extent: 6 pages

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