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<font face="Times New Roman, Times" size=3>For those of you who haven't
received the earlier "Statement" made by Alvaro last week on
Tuesday at his Disciplinary Hearing,<br>
I have <u>attached it again here</u> with this Open Letter I've
reproduced verbatim for the most part; <br>
feel free to circulate or upload onto your web sites or forward it
please.<br>
Also, in conjunction with this statement and Open Letter, Alvaro asked me
earlier this month to initiate a letter campaign<br>
to the Inter-American Commission on Human Rights (OAS) where we have
possibly the last chance for them to reconsider his petition (refer to
attached "sample letter" outline in "Word"); that you
have the option to modify any way you like to personalize it -<br>
and read the IACHR Executive Secretary Canton's response letter also
attached. The "sample letter", Canton IACHR letter, Statement,
and Open Letter, we encourage "cut 'n pasting" and posting them
all up together if possible because of their inter-related nature and the
fundamental issues here and how the fascist works their repressive model
of segregation.<br><br>
</font><font face="Times New Roman, Times" size=4>15 Feb. 2012<br>
Hughes Nazis Prison<br><br>
</font><font face="Times New Roman, Times" size=5>TO CENTRAL TEXAS ABC,
ABCF, DEFENSE COMMITTEE SUPPORTERS, AND ALL FREEDOM LOVING PEOPLE OF THE
WORLD, - <u>AN OPEN LETTER<br><br>
</u></font><font face="Times New Roman, Times" size=3><b><i>
"...[W]</i>e <i>give this notice, so that our brothers in chains
will not be alarmed when they see us in the claws of authority; we give
this notice so that no one will be discouraged, so that all will continue
onward. If we are persecuted, we do not want discouragement to spread,
but rather that with doubled vigor all proceed with the great work
undertaken until the goal is achieved: the death of the capitalist
system..."<br><br>
- Ricardo Flores Magon,<br>
Oct. 1915, murdered by guards<br>
at Leavenworth, Kan.<br>
Federal Prison, 1922<br><br>
</i></b>Although the fascist pig<b>s
</b>extinguished<b> </b>his life on the earth in 1922, he will alway<b>s
</b>live in our hearts and in our memory - Brother Ricardo Flores Magon,
revolutionary anarchist, <u>Presente</u>!!!<br><br>
<b> </b>I was taken before the disciplinary
"kangaroo court" yesterday, found guilty, and relegated to 90
days of extreme deprivation conditions in Level-3, conditions that were
outlawed in March 1999 by federal judge Justice in <u>Ruiz</u> v.
<u>Johnson</u>, 37 F. Supp. 2d 855 (S.D. Tex. 1999) he described as
<u>CONSTITUTING TORTURE</u>. I mailed you a Step 1 Grievance filed here
on 12 Feb. 2012. Specifically, the MENTALLY ILL are subjected to such
atrocious brutalities and inhumanities that would make HITLER'S AUSCHWITZ
CAMP look like Disneyland. These are flagrant HUMAN RIGHTS VIOLATIONS AND
CRIMES AGAINST HUMANITY that must be protested. While the racist,
hypocrite U.S. government parades around the world as the "champion
of human rights", at this very moment, it is engaged in a pattern
and practice of STATE TERRORISM AND GENOCIDE against the prisoner-class
here in this prison system. The majority of those of us in this type
<u>PROLONGED SOLITARY CONFINEMENT ARE PEOPLE OF COLOR</u>!<br><br>
Prisoners are driven to <u>SUICIDE</u> and staff brutality does exist.
For example, a few weeks ago <u>MACK YATES</u>, TDCJ# 353752, was beaten
in his segregation cell by several fascist pigs, HE PASSED A POLYGRAPH
EXAMINATION. He needs outside support to push federal criminal civil
rights charges against the pack of rabid-hyenas who brutalized him. We
need to get the United Nations Special Rapporteur On Torture, Juan E.
Mendes involved, and groups like the project at Harvard Law School, ACLU,
Center for Constitutional Rights, etc. involved in exposing these
violations.<br><br>
By now you should have the other copies I send you - the false reports,
Step 1, written defense, and the attached appeal, I am filing THE WEAPON
WAS A PLANT, <u>OR</u> it had been there in the window ledge for years,
unbeknown to me. Fingerprint testing should point to the person that
handled the weapon - evidence of my innocence, but the disciplinary pig
Captain Segman, did not want to hear my defense. These fascist pigs have
a history of these type of criminal acts V 12 The Special Master's
Report, and the <u>Wallace</u> case. <u>See Disciplinary Defense
Statement</u>. You know that I am specially hated by these pigs going
back many years. The current Senior Warden Edward Smith knows me from
Beto I Unit in 1983, and he was involved in the murder cover-up of black
prisoner <u>BARRY WAYNE EDWARDS</u>, Galveston, brutally beaten to death
in solitary, of which I overheard as I was in the adjoining cell that
night. <u>See Galveston Daily News</u>; I am the target of specially
repressive measures to punish me, and to break my will to resist, and now
this. We must stir the senses of our supporters and the masses of people
<u>domestically and internationally</u>, to come to my support and the
support of the other fellow prisoners, who have little or no outside
support. <u>THE PRISON SYSTEM IS THE CRIME</u>. but the oppressors have a
mask on to conceal the true nature of this fascist - monster that profits
from the MASS INCARCERATION of the poor, and people of color. The time
for empty platitudes and other "sloganeering" is over. We must
stir the masses to direct action against this criminal enterprise that
feeds the needs of a capitalist system that is criminal in nature, and
must prey on the poor, the defenseless, the voiceless in order to
maintain its control over our lives. I am doing my part - resisting these
fascist crimes, and trying to engage other prisoners in self-analysis,
and to build a inside force of resistance through the raising of
REVOLUTIONARY CONSCIOUSNESS. I have never, and will never fear fascism
and will confront these war criminals in all areas of struggle. I have
nothing to lose but my chains, and perhaps, through my own experiences
and example it plants the seeds of resistance against fascism!<br><br>
I am in TRENCHES OF HELL HERE ON EARTH! Surely, these real stories will
compel others, and stir them to support and action, or they have become
so indifferent and <u>a</u>political and robbed of their humanism and
compassion as to be vegetables in a garden, or numb by the technologies
of fascist capitalism! We must bring them back to their senses, to their
humanity, and as Comrade George once said, THEIR LOVE FOR
REVOLUTION!<br><br>
Protests to the Warden here, and to Gilbert Campuzano in Austin must take
place, calling for the case to be overturned and I be reinstated to Level
1 immediately. I got your letter of 2-8-12, and will address those
specific issues in a separate letter.<br><br>
Get copies of this to Max, Kamama, and LA Jericho, Harvard Law School,
etc. We must unite to protest these inhumanities. Take Care
Later,<br><br>
En Solidaridad,<br>
Alvaro Luna Hernandez<br>
#255735, Hughes Unit,<br>
Gatesville, Texas <br><br>
For call & letters:<br>
Regional Director Gilbert Campuzano,<br>
TDCJ Region VI Director's Office,<br>
4616 West Howard Lane,<br>
Suite-200,<br>
Austin, Texas 78728<br>
<a href="??">(512) 671-2575</a> (FAX) <a href="??">(512)
671-2579</a><br><br>
Senior Warden Edward Smith,<br>
TDCJ-CID Alfred D. Hughes,<br>
Route-2, Box 4400,<br>
Gatesville, Texas 76597<br>
<a href="??">(254) 865-6663</a><br>
(Alvaro's address is the same as the warden's)<br><br>
<br>
John S. Dolley Jr. ("Twitch")<br>
Central Coordinator,<br>
Committee to Free Alvaro Luna Hernandez,<br>
P.O. Box 7187,<br>
Austin, Texas 78713<br>
**********************************************<br>
</font><div align="center"><b>DISCIPLINARY HEARING RECORD<br><br>
(Possession of Weapon – Metal Rod)<br><br>
</div>
In my defense to the charge of possession
of weapon, I, <u>ALVARO LUNA HERNANDEZ</u>, TDCJ-CID#255735, submit the
following statements:<br><br>
1. I am <u>not guilty</u> of this charge. At no time did I have any
idea that a weapon was in the window in the back of my cell.<br><br>
2. According to the officer who discovered the weapon, he stated the
weapon was “<u>on the window ledge, in plain view</u>.” <u>See Officer’s
Report, Feb. 7, 2012</u>;<br><br>
3. I am not a psych patient nor a stupid person to have a dangerous
weapon out in the open, on the window ledge. I am a rational smart person
to know better than that and the legal consequences. Plus, my
disciplinary record on this unit shows <u>I have never assaulted
anyone</u>, <u>staff or inmate</u>, in 12 Bldg. Administrative
Segregation; in fact, I have not had a <u>major disciplinary charge</u>
for over 5 years now. <u>See #255735, Disciplinary Record</u>;<br><br>
4. The Weapon – A 5 ½” inch metal rod sharpened to a point, according to
the report – should have <u>fingerprints</u> belonging to the person, or
persons, that handled the weapon. Fingerprint analysis should point
directly to the person in actual care, custody or control of the weapon.
My fingerprints should not be anywhere on that weapon, demonstrating my
actual innocence. I hereby request a delay of this hearing and a request
that the weapon be submitted for <u>FORENSIC FINGERPRINT TESTING</u> to
determine whose prints are on the weapon – evidence of a exculpatory
nature for my defense, evidence this committee must preserve, disclose
and consider in any subsequent decision on guilt or innocence. The
<u>Brady</u> rule requiring prosecution to disclose all evidence
including expert testing that may contain exculpatory evidence applies to
prison disciplinary cases: <u>See: Chavis v. Rowe</u>, 643 F. 2d 1281,
1285-86 (7th Cir. 1981), <u>cert. denied</u>, <u>sub nom</u>, <u>Boles v.
Chavis</u>, 102 S. Ct. 415 (1981); <u>See also</u>, Section VI, B. (7),
TDCJ Disciplinary Rules (on submission of non-frivolous evidence that
would contradict the facts in Disciplinary Report);<br><br>
5. Because of my long history of outspokenness an activism against the
prison system, I have been the target of harassment and “witch hunts.”
For example, on 22 January 2012, this administration ordered Officer
Dobbyns (black female) and Officer Cockrell to search my cell. I was the
only prisoner targeted and searched. Plus, many times prior to 7 Feb.
2012, officers have entered my cell in 12 B59 for “routine cell searches”
or to collect law book folders while I was out in my recreation period
outside of my cell. It was accessible for any prison guard to enter my
cell and <u>PLANT A WEAPON IN THE OPEN ON THE WINDOW LEDGE</u> for future
discovery. It has been a common history of Texas prison guards to plant
weapons on prisoners as retaliation, as reported in the <u>Ruiz Special
Master’s Report</u>, <u>1983</u>, on the <u>planting of weapon</u> in
personal property of <u>Ruiz</u> activist prisoner <u>MICHAEL
SCHNEIDER</u>, Ramsey I Unit, to then justify punishments; and in
<u>United States v. Wallace</u>, 673 F. Supp. 205 (S.O. Tex. 1987), Texas
prison officials and guards <u>planted</u> a weapon on inmate <u>FRANK
CERVANTES</u> to justify the use of excessive force, then conspired to
fabricate evidence at disciplinary hearing, all constituting a Federal
Criminal Civil Rights Crime under Title 18 U.S.C. Sections 241
(conspiring to deprive) and 242 (deprivation of civil rights); See also,
<u>Ruiz v. Estelle</u>, 503 F. Supp. 1265 (S.D. Texas 1980), 679 F. 2d
1115 (5th Cir. 1982) (on long history of retaliation against writ
writers); See also, <u>Hernandez v. Estelle</u>, 788 F. 2d 1154 (5th Cir.
1989) (my own case litigation);<br><br>
6. <u>ALTERNATIVELY</u>, the rain water (that comes in through window
cracks), could have flushed out the weapon, who could have been there for
<u>many years</u>, unbeknown to me, <u>or</u> my cleaning the window with
hot water and soap flushed it out onto the ledge, <u>me having no idea it
was there</u>, constituting awkward circumstances; and innocent conduct
on my part.<br><br>
Finally, I request the following records-witnesses, (A) the charging
Officer Roper that did the search/discovery on 7 Feb. 2012, 12 B59 Cell;
(B) Officers <u>Dobbyns</u> and <u>Cockrell</u> on the nature of their
search mission on 22 Jan. 2012, B59, (C) Law Library <u>Venesa Rogers</u>
to show her collection of legal materials from Cell B59, when I was not
in cell; (D) the daily roster logging cell searches in B59 from 1 Jan.
2012, to 7 Feb. 2012, and name of guards who searched cell; (E) Senior
Warden Edward Smith, Hughes, to show my long history and on-going
legal-political activism and my <u>Ruiz</u> case plaintiff status going
back many years to date. (F) copies of I-60 requests from <u>confidential
informants</u> on other persons accusing me of possessing contraband,
weapons, or allegedly involved in other crimes, or other extortion
schemes, and the results of those internal investigations, including the
confiscation of all my property for search by Sgt. Harmon, STG Office
while I was assigned to 12 D-pod, 6 cell, in my file; (H) Sgt. (Lt.)
Harmon, STG Office, Hughes, as witnesses;<br><br>
Respectfully Submitted<br>
<u>____________________________________<br><br>
</u>ALVARO LUNA HERNANDEZ<br>
TDCJ-CID# 255735,<br>
12 Bldg; F-Pod 74 Cell<br><br>
13 Feb. 2012<br><br>
Cc: Senior Warden E. Smith, Hughes Unit<br><br>
-Senator John Whitmire, Capitol, Austin,
Texas<br><br>
-Federal Criminal/Civil Rights Division, San
Antonio, Texas<br><br>
-Defense Committee Supporters<br><br>
<br><br>
<br><br>
<br>
</b><x-sigsep><p></x-sigsep>
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