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Phone Campaign for Robert Seth Hayes<br><br>
I went to visit Seth on November 19, 2006, as we had received
alarming<br>
news that his cell had been ransacked by guards in an incident similar
to<br>
what recently occurred with Russell Maroon Shoats.<br><br>
Seth told me he returned from the gym to find his cell had been
ransacked.<br>
He is missing his 2006 Certain Days calendar, the 2007 Certain Days<br>
calendar he had just received from the Calendar Committee, the
Buffalo<br>
Forum sent by supporters in Buffalo, some of his personal letters, and
his<br>
phone list.<br><br>
Seth was told he was going to be written up for the infraction of
having<br>
"contraband" literature, despite the fact that the calendars
and the<br>
Buffalo Forum had already been approved by the prison before he
received<br>
them. As Seth said, "And my phone list is certainly not contraband,
but<br>
maybe they want to share it with the FBI."<br><br>
Of course, since Seth is currently appealing his fifth parole denial,
he<br>
is sure the prison would love to be able to place any infraction in
his<br>
record. He is asking that people call the warden at 716-937-4000 and<br>
demand that the items taken from his cell be returned to him. Be sure
to<br>
mention his DIN number: 74-A-2280.<br><br>
It would also be great for Seth to receive letters of support at
this<br>
time. Please write to him at:<br><br>
Robert Seth Hayes #74-A-2280<br>
Wende Correctional Facility<br>
Wende Rd., PO Box 1187<br>
Alden, NY 14004-1187<br><br>
<br>
_________________________<br><br>
Wende Correctional Facility<br>
Robert Seth Hayes<br>
#74A-2280 A-2-17<br><br>
Superintendent, Robert Kirkpatrick<br>
Wende correctional facility<br><br>
<br>
FORMAL COMPLAINT<br><br>
November 14, 2006<br><br>
Superintendent Kirkpatrick,<br><br>
I know you are quite busy with daily activities, so I will make this one
complaint as brief as possible. My formal complaint concerns the actions
of your officers who I believe were acting outside the employee's manual.
Doing so, they broke protocol, causing a breach in the smooth and
appropriate function and structure of this facility. My personal dignity
and self-worth were called into question, and to this day, no formal
resolution has come forth from either officers or Sergeant (area
Supervisor) of A block. The problem occurred as follows:<br><br>
1. On November 8, 2006 while en route to the gym for recreation, I passed
through the metal detector with the following: (1) New York Times
newspaper, (2) print-outs of Yahoo! web page contents and one Upbeat
newsletter. All permissible items carried to gym on more than one
occasion. On the above date, approximately 9:24 a.m. these items were
reviewed by CO Kyle. Upon seeing the Yahoo! Web sheets, he immediately
questioned me on where I got them from. I explained that they came to me
via the mail. CO Kyle stated they were illegal. I countered by explaining
they were not and had come to me via the mail room. He sought out
Sergeant Higley for clarification and I heard Sergeant Higley state to
Kyle, "yes they were permissible. Inmates are entitled to receive
said print out so long as it was only five pages per envelope." But
in deference to CO Kyle, Sergeant Higley informed me that I shouldn't be
taking this material to the gym. That the gym was for recreation.
Therefore, the Yahoo! would be turned over to the Hall Captain of A block
and I could retrieve them after recreation period. First, I'd like to
point out that reading material is permissible in the gym and other
recreation areas per policy and procedure. I did not discuss this with
Sergeant Higley, but accepted his decision and went to recreation without
the Yahoo! materials.<br><br>
2. At the conclusion of recreation period and in route to my cell
(A-2-17), upon entering 2 co. gallery, I was informed by my floor officer
that my cell was being frisked and that I needed to proceed to the gun
walk where I could stand outside my cell and observe. I complied. In my
cell I observed CO Hartfield (like CO Kyle, from B block) engaged in a
thorough cell frisk. After approximately 15 minutes of my watching
he exited my cell carrying a manila folder stuffed with papers. I asked
him where he was taking the folder and he stated, "this stuff is
leaving for inspection." I then asked if I might see what it was he
was taking and he briefly exposed the contents to me. I saw inside Yahoo!
pages, what appeared to be a Buffalo Forum newsletter folded in half and
a quantity of papers I could not tell what was written on them. I
immediately recognized the folder as one that I kept beside my bed
holding copies of letters I'd previously written and expressed that to CO
Hartfield. Officer Hartfield stated to me, "I don't know anything
about that." I then asked him did he know what it was he was taking
from my cell? He replied to me, "I've been doing this job over 20
years, I know what I'm doing." I left off the discussion and entered
my cell to make assessment.<br><br>
3. Upon immediate search I learned that several things were not in the
cell. (A) I had just received two days prior a printout of my approved
telephone listings. That was gone. (B) I happened to glance at the wall
over my lockers and discovered that my 2006 calendar was missing. After
searching I discovered that not only was the 2006 calendar missing, but
(C) the recently received through the mail, 2007 calendar was missing as
well. To the best of my recollection, calendars have never been
considered hostile, especially having come through correspondence without
any indication that it did not pass muster.<br><br>
4. Reading the cell frisk notification sheet and Officer Hartfield's
comments on items removed from my cell which read, "(1) one bundle
of papers." There was no itemized listing of papers
removed.<br><br>
I am still in the process of determining what was removed and that's
proven difficult. I know for a fact that the above listed items have
disappeared without reason per the cell frisk removal.<br><br>
I spoke with Sergeant Hinckley on November 9, 2006. I inquired about what
happened to the Yahoo! papers taken from me to be delivered to A Block
Hall Captain. Sergeant Higley's response was that "they were turned
over to Officer Hartfield who performed your cell frisk." I also
spoke with the Hall Captain concerning whether or not an itemized listing
was filed and left in the block concerning my cell frisk and was informed
no. That I should read the cell frisk notification for items taken. I
explained what the slip stated and he himself seemed surprised by what I
stated.<br><br>
Thereafter I contacted my attorney, family and friends, communicating
this matter. We all agree that what occurred is dangerous and needed
investigation. Protocol was breached and procedure violated. What was
taken did not confirm the cell frisk standards. The fact that
correctional Officer Hartfield stated he had over 20 years in corrections
indicates to me that the search crossed the line and was intended to
convey a message other than removal of alleged questionable materials.
I/we are seeking a full investigation and return of materials described
above and other materials in hand.<br><br>
Further that some type of standards be set in place to offset this type
of protocol violation. I feel at this point, that no real reason ever
existed for a cell search. That CO Kyle took exception to the material in
my possession and called on his coworker to perform the cell frisk to
destroy the cell. As an afterthought, several non-contraband items were
removed to convey a message of next time you won't be so lucky. Finally,
the worrisome part is, by taking a printout of my updated telephone
listing, Hartfield took with him the names, addresses, telephone numbers
and relations to me listed persons that I cannot for the life of me see
why it was considered contraband. We have in place a media review system
which makes lawful determinations whenever the question of unacceptable
materials enters the facility. Why items were taken and why to date,
nothing was returned or to date not itemized makes this entire act
questionable.<br><br>
I hope you will look into this matter. Question my facts and see for
yourself that the search was both illegal and inflammatory. That no
protocol was followed and the resulting state being, CO’s carrying out
private determinations outside their employee manuals, in violation of
the superintendents handbook and creating an inflammatory
circumstance.<br><br>
This formal complaint is concluded at this time subject to revisit based
upon newly discovered items missing listings. I hope to hear from you
soon on this matter. I want to reiterate that to date, November 14, 2006,
6 days after initial search, no item listing of materials removed from
cell or spoken word from any supervisor has been forthcoming.<br><br>
Sincerely yours,<br><br>
Robert Seth Hayes<br><br>
RSH/rsh<br><br>
CC:<x-tab> </x-tab>Susan Tipograph, AAL<br>
<x-tab> </x-tab>American
Civil Liberties Union<br>
<x-tab> </x-tab>NYS Comm.
of Corr,<br>
<x-tab> </x-tab>NYC Bd. of
Corr.<br>
<x-tab> </x-tab>Files<br>
</font><x-sigsep><p></x-sigsep>
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