Lancaster Torture



October 14, 2004

I would like to record for the record that one of the guards at CSP Lancaster is knocking on Eric's door (just Eric's) each time he walks by it in the middle of the night. I will have his name shortly [Solarzano].

Since we began filing lawsuits, he has had his job taken away, been threatened, had his typewriter mysteriously broken, and called into committee yesterday.

I believe they are trying to "invent" a reason to hurt him and "cut him off" further. The prison
is telling Attorney Mark Ravis that he may only visit Eric on Friday which is violation of Title 15.

The prison is not allowing attorney visits, opening all Eric's legal mail and I suspect there will soonbe another attack.

I know the individuals involved and their butts are about to get served with a summons. I am over my limit of crap I'm willing to take off these goons of the Inmate Assault Group. Over my limit!

B. Cayenne Bird



My son Eric Knapp has been going through hell for years because of our organizing. After all, when we reach our goal that's the end of 70% of the prison industry. The guards know this very well and they also know that the UNION takes action as opposed to just passing emails back 
and forth. 

The day after the rally in Sacramento on August 13 he was ordered to strip on the yard in full view of the other inmates and the female guards.

Last week he was written up with a serious 115 for following a new rule that says the men do not have to strip under certain circumstances.

Today just before Attorney Mark Ravis visited him at Lancaster prison all of his personal property was seized and he was cast into the hole. Recently he returned to his cell to find his typewriter mysteriously broken. He has been threatened from headquarters and we post his logs on the internet.

Anytime the UNION is actively doing something Eric experiences retaliation.

He is a very brave soldier and for those who didn't read the letter he wrote to me on my birthday, I'd like to share it with you now. The inmates depend on us to do the fighting for them, if they try and fight back themselves they get hurt.

All of the men in my family were veterans including my son, of whom I am very proud. He will not be able to call us, now his legal deadline has once again been interfered with and he will be in a box suffering alone from PTSD. They read and tamper with his mail, do not give him his correspondence course and make his life a living hell. You remember I told you about the violent guard Solarzano standing over him.

We must hang tough no matter what and keep on going. Lives depend on our work. My son knows this and though he has suffered greatly as we have built the foundation of our UNION, he knows that there will be no shelter from this great inhumanity without a voting group coming together that cares about inmates.

This was his last letter to me. 

I have yet to have a holiday season where Eric isn't put in the hole and scores of inmates die or commit suicide or crumble from the stress.
 

Dear Mom:

I am hoping this letter reaches you by your birthday for your annual birthday page. If I remember correctly, you and I got to spend time together in the visiting room last year on your birthday. 

I wish I could be with you on your birthday this year too!However you decide to celebrate your birthday this year, please know that I will be considering all the blessing I have been privileged to receive as a result of your birth 54 years ago.

In the last 10 years I have come to deeply acknowledge and appreciate you as not only my mom and remember all the adventures, dramas, traumas and other experiences of my life you were with me in, your smile, humor, easiness, and glowing personality is what I remember 
most clearly.

Even in the worst times you always had a positive outlook and ready smile.You're tough mom. Tough in your will to survive and strength of character. Missy and I were always safe with you, weren't we? 

Even when you struggled financially or had to endure macho men who weren't half as smart as you are mom, you always made sure your children didn't have to ever see you disheartened. 

That is one of the most amazing things about you Mom; that you were so tough toward life but so gentle and loving with me and Missy.

I have much to thank you for in regard to the man I am today. As I much as I thank God for His role in guiding the course of my life, I thank you for your influence in my growth and evelopment which has resulted in my being someone who cares deeply about others, addressing injustices, and being upright in both word and deed. 

I realize that my ability to read, write, and comprehend as well as I do is also attributable to you. To this day I still have fond memories of you patiently teaching me to read and write and joyfully encouraging me to be interested in so many different things.

The bottom line in my saying all this is that I deeply love and honor you and appreciate this opportunity to celebrate your life.Despite the difficulties and hardships, the trials and tribulations, you've always been a wonderful mother, friend, mentor, counselor and example.

Although I'm in prison, it is not my intention to let you be dishonored any further by who I am as your son. The personal disgrace and shame I feel at being in prison likely pales in comparison to how you feel. 

It is therefore with that thought always uppermost in my mind that I have dedicated my life in prison to living in a manner I feel honors you by being upright, bold, tenacious, and unwilling to sit silently by while abuse and corruption is allowed to reign unfettered.

I love you so much Mom and pray God will continue to guide your life toward the goal he has set for you and everyone affected by you.

Happy Birthday!

Love, Eric 

---------
Eric is being so psychologically tortured that he wants to do a hunger strike but I am asking him not to do that as there are many cruel people in the world who like to see prisoners suffer and die. And for what? A paragraph in the newspaper?

We aren't making enough noise out here when our loved ones go on hunger strikes.

So what I think we ought to do now is take a stand against murder by pepper spray.

What do you think about us filing a fourth lawsuit over the murder of Anthony "Kirk" Brown, a mentally ill inmate in a specialized facility who was killed on Eric's birthday, August 27,2004?

How many will it take for reform to happen? 



 http://www.latimes.com/news/local/la-me-inmate10oct10,1,282839.story

Inmate Dies After Being Subdued
From a Times Staff Writer

October 10, 2004

A state prison inmate in Lancaster who allegedly attacked guards before being subdued died after he was taken to a hospital, authorities said Saturday.

The inmate, whose name was not released, bit and kicked the guards Friday, said Los Angeles County Sheriff's Deputy Tania Plunkett.

The correctional officers used pepper spray to defend themselves and then handcuffed him, she said.

Moments later, the prisoner began having problems breathing and was taken to Providence Holy Cross Medical Center in Mission Hills, where he was pronounced dead at 4:12 p.m., Plunkett said. 

No other details about the confrontation were released. The cause of death was being investigated by the county coroner's office.




 

Inmate dies of cardiac arrest 

This story appeared in the Antelope Valley Press on Sunday, October 10, 2004. 

By NICOLE JACOB Valley Press Staff Writer 

LANCASTER - An inmate who was subdued after attacking correctional officers Friday at the California State Prison in Lancaster died after going into cardiac arrest, prison officials said. The death comes on the heels of two recent cases at the prison of inmate-on-inmate violence which left one inmate dead and another severely burned. "Prison is an unpredictable environment," said Lt. Ken Lewis, spokesman for the state prison in Lancaster. "There can be violence without a moment's notice and all we can do is respond with our procedures." Officers used pepper-spray Friday to subdue the 49-year-old inmate after he shouted incoherently and abruptly rushed at an officer about 4:15 p.m. in the prison's Facility D. 

The inmate struck one officer, and was biting and kicking others, prison and sheriff's officials said. Once handcuffed and under control, the inmate was taken to the infirmary because he was having trouble breathing. His condition worsened and he went into cardiac arrest. Paramedics could not revive the inmate and he died after being transported to Providence Holy Cross Medical Center in Mission Hills. The inmate's name was not released pending family notification. He was serving prison time after a March 1998 conviction for voluntary manslaughter in Sacramento County, and had been at the prison in Lancaster since June 2000, Lewis said. 

Last month, inmate Eddie Ralph Arriaga, 27, was beaten, stomped and strangled to death by his cellmate. Arriaga, in prison for second-degree burglary was allegedly attacked on Sept. 10 by his cellmate, a convicted rapist. The district attorney's office is pursuing a murder charge against the cellmate, who is now housed at Corcoran State Prison, Lewis said. The case remains under investigation. 

Earlier this week another inmate was attacked by his cellmate and scalded with hot liquid, Lewis said. Neither of the inmates' names were released. Lewis said officers heard someone screaming from inside a cell just before noon on Thursday. They found the victim inside the cell covered in severe burns on his face, neck, upper body and arms. The victim was transported to the USC Medical Burn Center, where it was determined that he had second-degree burns. 

The victim is now recuperating at the prison's infirmary, Lewis said. Inmates are allowed to keep hot pots and coffee warmers in their cell, and officials suspect that the victim's cellmate scalded him with boiling water, Lewis said. 

The facilities where this week's incidents took place are now on a temporary modified lock-down in which prisoners are not allowed to leave their cells unless given special clearance to perform their job assignments. The Lancaster prison contains some of the most violent 
criminals in the state, with most serving time for murder, rape or robbery convictions. 



When my son Eric K'napp first came to Lancaster prison, a retaliatory move that placed him  \416 miles away from his family, he was put to work for Lt.C. Campbell III in the program office.  The 
warden wanted Eric there to keep an eye on him.  They wanted Eric to handle his grievances with Campbell at the institution level so that filing 602's wouldn't be necessary they said.

Recently, Campbell ordered the inmates to walk single file to chow and everyone who isn't doing this is getting a 115 written up against them, a harsh punishment which raises their points.

Eric told Campbell that issuing 115's for not walking in a single file breaks no rule.  The inmates are to follow direct orders given by the "Director of CDC" or the "Warden" and that a change in rules 
requires notice to the inmates before they can be punished for it.  This is necessary for due process Eric told Campbell.  "You can't just make up your own rules and punish people for not following them" Eric said.

Campbell is now angry over this and other things and is refusing to allow Eric to go to work.  He has seized his computer which has many major projects that Eric has been working on in progress.

Eric's "boss", Ken Portras, who is the shop steward for the prison teacher's union,  has asked Eric to return to work but Campbell won't permit it.

Eric has been warned that Campbell wants to see him "dealt a heavy hand" and "wants to see him hurt"  A Sgt Henry has stated "We're about to break that fool off" referring to Eric.

There's much more but the situation is very dangerous.  I am copying Bob Driscoll on this communication as he is head of the inmate family council at Lancaster.

With the move to a more dangerous area, seizure of Eric's computer and refusal to allow Eric to report to work, I can see that Campbell already has a campaign underway.  Every effort is being made by CDC at the prison level and at the headquarter level to block Eric's mail out of the institution, to prohibit him from speaking to the media or anyone outside of the prison including legislators above the warden level.

It is predictable that the intimidation and threats intensify each time the UNION takes a strong action.  Please note the date on the memo below from CDC is one day after our press conference and filing of the Swisher lawsuit.

I am documenting only a small part of  what they're putting him through in the newsletter to notify all the journalists and legislators who subscribe to the UNION what is taking place.

Solarzano the guard who picked up Jesus Lopez and body-slammed him on  his face, the same guard who told Lopez  that if he didn't drop the complaint against him he would spend the rest of his prison sentence in the hole is guarding Eric in a recent move from building 3 to building 1. There is another young guard there last name "Knowles" who bears a striking family resemblance to the warden who has nearly killed Eric twice.
 

B. Cayenne Bird

This is the memo on CDC LAC letterhead dated the day after our press conference and filing of the Swisher lawsuit.


State of California
Department of Corrections CSP - Los Angeles County
Memorandum
Date : September 14, 2004

KNAPP, .110618 FBB100000000249L

Eric Knapp 

Subject: APPEAL ABUSE WARNING

California Code of Regulations (CCR) Section 3084.4 states:

(a) Excessive filings. One appellant's submission of more than one non-emergency appeals within a seven-calendar-day period shall be considered excessive.

(1) When an appellant submits excessive appeals, the first appeal received shall be processed normally and all subsequent non-emergency appeals filed within the seven-calendar-day period by that individual shall be suspended.

(2) The appeals coordinator shall consult with the chief, inmate appeals, who shall determine further action to be taken on the suspended appeals. A review of your recent appeal history indicates the following:

Log Number Issue L1   Received Date
LAC-B- LIVING CONDITIONS 9-14-04 
LAC-B-04-02407 LIVING CONDITIONS
LAC-B-04-02259 MEDICAL 08/19/2004
LAC-B-04-01985 PROGRAM 07/22/2004 09/09/2004 LAC-B- PROGRAM
L2 Received Date  -09/09/2004

This is clearly an attempt, by you, to circumvent regulations regarding the number of non-emergency appeals you can submit in any seven-day period. You are hereby advised that you are in violation of 
CCR Section 3084.4 by submitting more than one non-emergency appeal in a seven-calendar day period. 

The abuse of this process by one inmate wastes scarce staff resources and limits the availability of the process for others. Therefore, this abuse cannot continue. You must limit yourself to one non-
emergency appeal each week. 

You are hereby advised that your continuation to attempt to inundate departments throughout the institution with excessive and repetitive appeals constitute Appeals Abuse. You are hereby warned that if you continue to disregard the rules and regulations outlined in the CCR Section 3084, et al., you may be restricted from the appeals process.

signed by Carson, the Inmate Appeals Coordinator



This is Eric's response to this stupid memo.   One thing is clear.  Eric knows the Title 15 and D.O.M  better than the guards.  In the past, their response has always been on the level of neanderthals.  We still have not had an investigation of the burning out of his nasal passages with two open ammonia ampules shoved up his nose a couple days before he was transferred out of Folsom Represa.  This too was an attempt to shut him up.

Never be silent.  Silence is deadly.  My son's response of which I am very, very proud.

B. Cayenne Bird



Eric C.R. K'napp J10618 B1-249 
CSP-L.A. County 
44750 60th Street West 
Lancaster, CA 93536-762

M E M 0 R A N D U M
 

Date : September 16, 2004
 

CORRESPONDENCE

To . C.M. Harrison, warden

        C.S.P.-Los Angeles County
 

SUBJECT THREATENING & FALSE MEMO FROM YOUR STAFF

I recently received from C.R. Carson, the LAC appeals coordinator, a memo dated 9/14/04 in which he presumed to falsely insinuate that I am abusively attempting to "inundate" LAC departments with "excessive and repetitive" grievances. He then had not only the gall to threaten me with unlawful restriction from the grievance system, but also the audacity to accuse me of disregarding the grievance rules and regulations set forth in CCRI5 when that has been his modus operandi since I arrived here!

I want to get something straight between your staff and I. There would be NO grievances from me if  all staff were properly trained to know and follow CDC and LAC rules, regulations, policies and 
procedures. As long as staff -choose to violate prisoner rights and/or the law, I will exercise my constitutional right to petition for redress of grievances regardless of whether such violations directly affect me at the time I observe or experience them. In other words, "Don't start nothin',  "Won't be nothin'! ''

If Mr. Carson and other staff cannot appreciate the commitment I have made  in accordance with my personal mission statement to never again be a silent victim of prison abuse and corruption, then I strongly suggest they do not attempt to chill my First Amendment rights by harassing and retaliating against me with arbitrary and/or capricious misinterpretations or misapplication of prison rules and regulations I have come to know better than most prisoners and staff.

As far me "submitting" more than one non-emergency grievance within a 7-day period a CDC form 602 is "submitted" the date it is signed and put into the prison mail system (as indicated on every CDC form F07). I am allowed to submit 52 non- emergency grievances at 7-day intervals during a single period of 365 days because the 7-day'' rule is dictated by calendar days between submissions, NOT according to days following grievance it arrives at the appeals office.

Further, appeals presented for next-level review following lower-level review do not count in the "7-day" rule.

According to my records, I have submitted only 11 LAC-related grievances, since my arrival here an 2/20/04. Of those, I voluntarily withdrew two because of very professional and proactive involvement by acting captain J. Middleton. 

However, In regard to all but only one of the lI grievances, I have had to address In writing many and various unlawful Interpretations and/or application by Mr. Carson and/or his underlings of California administrative law (CDC rules and regulations) which establish not only prisoner rights in using CDC's grievance system but also the requirements of prison staff in processing, assigning, and responding to prisoner grievances in accordance therewith.

September 16, 2004 Warden Harrison Page Two

I do not take kindly to prison staff attempting to subject me to their arbitrary and capricious misinterpretations and/or misapplication of clear and unambiguous language contained within 
CCR15 and local operational procedures (the only authorities to which CCR15 5 3001 states prisoners are subject).

I know my rights. I read and comprehend better than most. I will therefore never again let any disagreements between prison staff and myself regarding correct interpretation and/or application of 
rules, regulations, policies, procedures, and laws which govern prisons, prison conditions, and prisoner rights be decided without judicial review when I firmly believe I am correct and/or civil 
litigation if/when my rights are again violated.

I find Mr. Carson's memo dated 9/14/04 highly offensive, and I interpret his underlying message in that memo as an unlawful attempt to intimidate and further manipulate me into not exercising my 
constitutional right to petition for redress of grievances. 

What you choose to do about Carson's threatening and false memo is of course up to you, but please bear in mind how determined I am to never again be a silent victim of the abuse and/or corruption I encounter in prison.

Respectfully,
 

Eric C.R. K'napp 



Yesterday, 9/20, my son Eric K'napp was told in the law library to put his hands on his heads and patted down.

While he was in the law library his cell was throughly searched, including his legal paperwork.  He asked them what they are looking for and they would not answer.

Lt. Campbell III is on witch hunt to find anything he can I believe.  Eric is not a drug user and doesn't even like to take prescribed medications.  Eric is concerned about what they're up to after threats that they were going to "deal a harsh hand" and "break this  fool off" plus multiple threats not to contact the media or anyone outside the prison. 

Eric was permanently unassigned from his job as a teacher's aide after having his computer seized and told that he now has no job.  He was not given a reason.  The pressure on him has intensified since the press conference announcing our lawsuit on 9/13  but it goes on to some degree all the time.  We need to get him out of that hell hole Lancaster!

B. Cayenne Bird 



Threats to Eric are coming from at least four directions.

The day after the Sept 13 press conference, Cpt Manuel - Eric couldn't get all of his name. Said he was from the Inmate Appeals Office, CDC headquarters Sacramento on behalf of Jeanne Woodford basically.

He told Eric he was there the address the 602 Eric filed.  He had Eric's denial for his 602 already typed up and in his pocket.  His manner was threatening and he stated that "it doesn't matter what the DOM and Title 15 say."

Eric got up and walked out on him very upset that there is no justice within CDC and the warnings and threats surround him.



Lancaster is denying my son access to the courts by providing him with only one copy of legal documents. This is being done to other prisoners as well.  Outrageous!


Lancaster Prison is still interfering with all of Eric's mail, including his legal mail. He was approved at Represa for the Blackstone Paralegal Course which they refuse to give him. 

Eric has memorized THE CODES AND LANGUAGE of the entire Title 15 and DOM. He is a natural for law.  After the problems and injustice at the trial, I am assuming that his habeas is going to be successful and that he will be released.

Although I know there is no justice in the courts and there are many innocent or over charged prisoners rotting away in these bloodhouses.

Blackstone will mail your loved one a correspondence course  for $37 a month - Eric hasn't started his yet but he certainly has learned law with the bad lawyers such as Richard Dangler that he's had to depend on.

I am disabled and live on a tiny income.   This comes out of my food money but I'm too fat anyway:-)  Mothers can make things happen no matter what if they focus and don't let the depression make  you helpless and inactive.

I was in a puddle when my family was devasted for about seven years.  I regret now that I wasn't stronger and didn't start fighting back sooner.  The victim who recanted was an act of God, I had nothing to do with that - she has been in jail for several monthhs on her third DUI.  She should never have been considered a credible witness in the first place but that is how these DA's operate.

I have learned many hard lessons and I share them with our newbies to get you to a stronger place more rapidly.

My son is willing to risk death while I organize the UNION because he knows that is his and everyone elses' hope.  A large, funded voting group can turn this all around. Nothing else can or will. 


 http://www.dailynews.com/Stories/0,1413,200~20943~2465988,00.html

Prison death cause sought

Inmate's body found in cell

By Greg Botonis
Staff Writer

LANCASTER -- An inmate at California State Prison-Los Angeles County at Lancaster was found dead in his cell Monday afternoon but officials still have not been able to determine the cause of his death.The 41-year-old man, whose name was not released because officials can't locate his family, did not appear to have suffered any trauma and coroner's officials are trying to determine exactly what killed him."

The deceased did have a history of IV drug use and a history of high blood pressure, so what we have here is a case of accident versus natural death," said Los Angeles County coroner's spokesman David Campbell.Prison officials said that at about 12:45 p.m., an inmate began yelling for an officer to come to his cell. When the officer arrived, the man said he thought his cellmate, who was lying in his bunk, was dying. The officer yelled to the man but got no response.

The officer called for prison medical personnel, who found the man not breathing and without a pulse. They tried to resuscitate the man while calling 911 to have an ambulance respond. The man was rushed to Antelope Valley Hospital, where he was pronounced dead just before 2:30 p.m.The man's cellmate was questioned but officials said they do not believe the inmate was involved in the man's death.

The deceased man was being held at the prison on a conviction for possession of a controlled substance."The whole thing is under investigation," said prison spokesman Lt. Ken Lewis. "Right now we don't know, pending the report from the Los Angeles County Coroner's Office, what the cause of death is. That's the first thing we need." Greg Botonis, (661) 267-7802  gregory.botonis@dailynews.com



November 16, 2004

Eric is being given only one blanket instead of the two required by the Title 15, he wrote me today that he very cold, his cell is filthy dirty with urine and feces and he still has been given no cleaning supplies. 

They are lying to callers and telling the inmates that people want to kill him because his mother is the UNION Director which  is ridiculous!  The UNION is the inmate's only hope for better 
conditions and changes in laws. 

Legal challenge to packages set to be filed January 7 in Los Angeles. The flyer will be ready for that soon, spread the word to inmates to preventriots, suicides and hunger strikes that the UNION is taking action on their behalf and we could do much more if their families would help with theexpenses and the work.  We outnumber all the voting groups but that makes no difference if people are inactive and not taking the proper actions at the right time in large enough numbers. 

B. Cayenne Bird 



November 15, 1004

I have been told that they are telling K’Napp that the Lancaster Torture page is why he must spend the rest of his prison term in the hole, and no phone calls for 90 days.  The page was put up as a last resort due to the torture as stated above that was already a done deal, and the page was not put up until November 5, 2004.  This is just further proof of retaliation and retribution against prisoners that stand up for their legal rights.



By withholding Eric's personal property and giving him only the stub of a pencil to write with and refusing to make more than  one copy of documents when the court requires four copies, his access to the courts are definitely being blocked

The Law - 

http://www.corr.ca.gov/RegulationsPolicies/PDF/Title15/English/Title15.pdf

Article 6. Legal Documents
3160. Inmate Access to Courts.

(a) Inmate access to courts shall not be obstructed. Staff shall assist
illiterate inmates or those physically incapable of preparing forms adopted
under rules of the United States courts and the Judicial Council of 
California for petitions for habeas corpus or modification of custody if
such an inmate requests assistance. Staff shall not in any way retaliate
against or discipline any inmate for initiating or maintaining a lawsuit.
 

(b) In addition to any other court costs, filing fees, or procedures, an
inmate initiating a state civil action shall pay a three-dollar ($3) filing fee
to the Department.
 

(1) Civil actions are defined as any non-criminal actions. For the
purposes of this regulation, habeas corpus actions are not considered civil
actions.

(2) The filing fee shall be charged against the inmate's trust account.

(3) If the inmate is without sufficient funds at the time of the charge, the
civil action shall be allowed to be transmitted to the courts, and the inmate
shall not be charged for any remaining balance of the filing fee.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601 and 5054, Penal Code.

HISTORY:
 

1. Amendment of section heading and text and new NOTE filed
10-19-93; operative 11-18-93 (Register 93, No. 43).
 

2. Newly designated subsection (a), new subsections (b)-(b)(2) and
amendment of NOTE filed 1-3-95 as an emergency; operative 1-3-95
(Register 95, No. 1). A Certificate of Compliance must be transmitted to
OAL 6-12-95 or emergency language will be repealed by operation of law
on the following day.
 

3. Reinstatement of section as it existed prior to emergency amendment
filed 7-25-95 by operation of Government Code section 11346.1(f)
(Register 95, No. 30).
 

4. New emergency amendment filed 7-25-95; operative 7-25-95
(Register 95, No. 30). A Certificate of Compliance must be transmitted to
OAL by 11-22-95 or emergency language will be repealed by operation of
law on the following day.

TITLE 15 DEPARTMENT OF CORRECTIONS § 3161
55

5. Certificate of Compliance as to 7-25-95 order transmitted to OAL
9-7-95 and filed 10-16-95 (Register 95, No. 42).
3161. Inmate-Owned Legal Materials.
 

Inmate-owned law books and papers shall be limited to the availability of
space authorized by section 3190(b) for personal property in the inmate's
quarters. Books and papers in excess of this limitation may be donated to
the library, or disposed of pursuant to section 3191(c), whichever the
inmate prefers.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.

HISTORY:

1. Amendment of section heading and text and new NOTE filed
10-19-93; operative 11-18-93 (Register 93, No. 43).
3162. Legal Forms and Duplicating Services.

(a) The printed forms required by state and federal courts, which are
supplied to the department by the courts shall be provided to inmates
without charge. Inmates shall be required to pay for the duplication of
printed forms and other written or typed materials, and for any special
paper and envelopes required for mailing to the courts. An inmate who is
without funds for 30 days or more after such materials and services are
provided shall not be required to pay for the cost of those materials and
services.
 

(b) Legal duplicating services for an inmate shall be restricted (provided
such restrictions will not interfere with the inmate's access to the courts)
when that inmate abuses the service to such an extent that other inmates
are deprived of the services or it results in an unnecessary expense to the
state. The authority to place such restrictions shall not be delegated to
staff below the level of correctional captain. The reasons for any
restrictions on the services provided an inmate shall be documented on a
CDC Form 128-B, General Chrono, and placed in the inmate's central file.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register
78, No. 33).

2. Amendment filed 4-8--80; effective thirtieth day thereafter (Register
80, No. 16).

3. Amendment of section heading and text filed 10-19-93; operative
11-18-93 (Register 93, No. 43).

3163. Assisting Other Inmates.
One inmate may assist another in the preparation of legal documents, but
shall not receive any form of compensation from the inmate assisted.
Legal papers, books, opinions and forms being used by one inmate to
assist another may be in the possession of either inmate with the
permission of the owner. All papers must be returned to the respective
owners when either inmate is transferred to another institution or when
other administrative action prevents direct communications between the
inmates. An inmate may be barred from giving legal assistance to other
inmates when violations of regulations and established procedures relate
directly to such activities. An inmate will not be barred from giving or
receiving legal assistance for violations of regulations and procedures
which are unrelated to providing or receiving legal assistance. However,
no otherwise prohibited contacts or access to prohibited areas will be
permitted because of this regulation.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: Johnson v.
Avery, 89 S. Ct. 747 (1969).

HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register
77, No. 9).
2. Amendment filed 10-7-82; effective thirtieth day thereafter (Register
82, No. 41).
3164. Administrative Segregation.

(a) Inmates confined in administrative segregation for any reasons will
not be limited in their access to the courts.
 

(b) During a period of disciplinary detention, as described in section
3330, legal resources may be limited to pencil and paper which will be
provided upon request for correspondence with an attorney or the
preparation of legal documents for the courts. Other legal material in the
inmate's personal property may be issued to an inmate in disciplinary
detention if litigation was in progress before the inmate's placement in
disciplinary detention and legal due dates are imminent.
 

(c) Inmates who are housed in any restricted unit and who are not serving
a period of disciplinary detention may possess and have access to any
legal resource material available to the general population and may assist
each other in their legal work to the extent compatible with institution
security. For the purpose of this subsection, restricted units include
reception centers, institution reception or orientation units, controlled
housing and security housing units.
 

(d) If an inmate's housing restricts him or her from going to the inmate
law library, arrangements will be made to deliver requested and available
law library material to the inmate's quarters.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.

HISTORY:

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register
82, No. 41).
 

3165. Mailing Legal Documents.
(a) The mailing of legal documents to courts and claims to the Board of
Control (BOC) is the inmate's responsibility. Mail designated by the
inmate as legal mail will be delivered to the facility mailroom for
inspection, pursuant to Sections 3144 and 3145, and mailing in accordance
with local facility mail procedures. The mailroom shall maintain a current
address list of federal, state, county, appellate, and district courts. The
mailroom will send mail out each working day.
 

(b) With each transmittal of mail to a court or claim filed with the BOC
requiring the addition of postage, the inmate must submit a signed CDC
Form 193, Trust Account Withdrawal Order. The mailroom will remove
the trust account withdrawal order, enter the amount of postage required,
and forward the order to the trust office for processing. Mail addressed to
a court or claims addressed to the BOC will be posted on the inmate's
CDC Form 119, Mail Record.
 

(c) Notarization of legal documents is not normally required by the courts
and will not be provided as a free service to any inmate, indigent or not.
Inmates must pay the established notary fee for such service.
 

(d) The cost of postage for mailing documents to the courts will be
charged against an inmate's trust account unless the inmate is without
funds at the time the material is submitted for mailing and remains without
funds for 30 days after the documents are mailed.
 

NOTE: Authority cited: section 5058, Penal Code. Reference: In re
Jordan, 7 Cal. 3rd 930 (1972).
 

HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register
77, No. 40).

2. New subsection (d) filed 4-18-80; effective thirtieth day thereafter
(Register 80, No. 16).

3. Amendment filed 10-7-82; effective thirtieth day thereafter (Register
82, No. 41).
4. Amendment of subsections(a) and (b) and amendment of NOTE filed
11-18-96; operative 12-18-96 (Register 96, No. 47). 


 http://www.dailynews.com/Stories/0,1413,200~20943~2626959,00.html 

Los Angeles Daily News

Inmate facing charge
Prisoner is accused of killing cellmate 
By Karen Maeshiro
Staff Writer 
 

Thursday, December 30, 2004 - LANCASTER -- A state prison inmate has been charged with murder in the death of his cellmate, who was strangled.

Frank Perez, 30, gave three different explanations for why he killed 27-year-old Eddie Arraiga last September in their state prison cell, including that he was ordered to kill him for the Mexican Mafia and that the victim had poor hygiene.

"He basically strangled his cellmate to death with a homemade garrote. He made it from part of a bed sheet. He made a rope, a thin rope out of the bed sheet," Deputy District Attorney Robert Foltz said.

Perez is currently serving a 12-year sentence for carjacking, according to state Department of Corrections records. After Arraiga's killing, Perez was transferred from California State Prison-Los Angeles County in Lancaster to Corcoran State Prison outside Bakersfield.

He will be arraigned on the murder charge in February in the Antelope Valley courthouse.

Arraiga was serving a five-year sentence for second-degree robbery and was scheduled to be released in July 2005.

Both Perez and Arraiga were in the prison's administrative segregation unit for inmates who are disciplinary problems, could be in danger among the general prison population, or other reasons. Both were undergoing psychological treatment.

Arraiga was put in administrative segregation after he destroyed another inmate's television set, prison officials said. Prison officials didn't say why Perez was in the segregation unit.

Administrative segregation inmates are allowed out of their cells only to shower, for 10 hours a week of closely guarded recreation, and, in the two inmates' situation, therapy, officials said.

Arraiga's death was one of five at the Lancaster prison since September, two of which were investigated for the possibility of drug use being involved.

Another inmate died from natural causes, and one inmate went into cardiac arrest and died at Providence Holy Cross Medical Center in Mission Hills after he was pepper-sprayed after biting and kicking correctional officers.

l=8s=8 Karen Maeshiro, (661) 267-5744  karen.maeshiro@dailynews.com  


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