: Evidence of

- Corruption, Genocide

& Neo-Colonialism
Within Pelican Bay's

Communication
Management
Unit
(C.M.U.)...

S By

_ Kijana Tashiri Askari
Repression Breeds Resistance

L 3ily 30 - Reaching at least 6,600 prisoners across 13 prisons, this
massive and inspiring act of solidarity and people:power across .

srisonernungerstri

‘Sipportte bongerariers by contachng the
Prologue 3

“Our basic need is to reclaim our history and our identity from
what must be called ‘cultural terrorism, "
- Kwame Ture

For the past 20 plus years, our kaptors have fed the public a
any of les, falsehoods & untruths as to why the dlass of prisoners
that are being held in the security housing unit (S.H.U.,) are kept
there on an indefinite basis within the U. $. colony of Pelican Bay
State Prison in Crescent City, California.. Collectively, we have been
described and labeled with just about every unscrupuious &
dehumanizing term thought of, for purposes of justifying our
continued kaptivity with the Security Housing Unit and the the
inhumane treatment that we're routinely subfected to thereof... The
most notable reason that is often given to the public, is that "We are
the worst of the worst, etc.” So, this apparently justifies our
deserving treatment as anything but a human beingl! It s these
standing negative contradictions, that these fascist pigs have created,
Which has made it necessary for me to offer to the People, a
comprehensive material analysis, predicated upon actual concrete
evidence, defining the social conditions of the historical truths, as to
why us prisoners, in particular the class of New Afrikan Black
Prisoners, are being unlawfully and arbitrarily held in the Security
Housing Unit (S.H.U.) indefinitely..

The material analysis of evidence, that I will draw from, as an
offering to the People, will be from an administrative 2002 appeal
response and a stop mal notice that I received from special gestapo
2gents, D. Milligan & D. Hawkes of the Institutional Gang
Investigations (1.G.1.) Unit at Pelican Bay... The evidence literally
amounts to Special Gestapo Agents D. Milligan, . Hawkes and their
fellow gestapo agents, being guilty of the practices of "neo-
colonialism, genocide and corruption..* 1 wil also be attaching a true
Copy of this Administrative 602 Appeal response & the Stop Mail
natice within the reference section of the pamphlet, so that the
People can verify for themselves, the substantive nature of the
factual evidence that I am offering to them via my material analysis...
The page numbers, legal authorities, etc. that wil be cited & quoted
in this pamphiet will aiso be located in the reference section, with
regards to properly identifying the document in question..

In January of 2006 thru February of 2006, Pelican Bay State
Prison officials created a "Communications Management Unit"
(C.M.U.), as similar to the ones in Terre Haute, Indiana and Marion,
Hlinois. These federal prisons would also have part of them, in this.
case, the d facility S.H.U. in housing units d1 thru d4.. The class of
prisoners that have been targeted to be housed in the
"Communications Management Unit* (C.M.U.) are individuals these
fascists have identified as (allegedly) actual and influential prison
gang members..

But just as in the other "Communications Management Units* in
Terre Haute & Marion, the C.M.U. here at Pelican Is illegall!

In that, 1.) It wasn't wasn't promuigated through the
Administrative Procedure Act (A.P.A.) 5o that the public could be
made aware of the new policy, rule or regulation & have the
opportunity to voice their opinion for or against the proposed
measure.. A new rule, policy o regulation can only be enforced if
promulgated through the Administrative Procedure Act (A.P.A.) firsti!

And, 2.) The prisoners that are being housed in Pelican Bay's
C.M.U., have not been re-classified or given any written notification
s to the reasons why we're being moved & housed in C.M.U. These
are due process violations - among other forms of corruptio

Instead, Pelican Bay State Prison officials have taken the long-
traveled path of denying the existence of a "Communication
Management Unit" (C.M.U.) at Pelican Bay, as is evident by Special
Gestapo Agent - D. Hawkes, when he stated:

“Harrison's writings ciaim that he and others are of a kaptive (sic)
class of New Afrikan Black Prisoners at Pelican Bay State Prison."
Wno are

“...confronted with a dilemma, by having our mail stolen /
confiscated by vigilantes under the spurious premise of us promoting
or being involved in some kind of gang activity.. These tactics are
largely designed to target, attack, sabotage & neutralize the many
initiatives, proposals & projects that we have developed for purpases
of empowering, informing and re-building our communities with
positive / correct ideas of nation building..”

"Harrison created a title for a section of the S.H.U., calling it a
‘Communications Management Unit' (C.M.U.)" Reference page 11.

But my position in this, if a "Communication Management Unit"
(C.M.U.) Is not in existence at Pelican Bay, then, 1.) Why are these
fascist pigs stamping the pages of our outgoing mail for monitoring
purposes as is evident on the reference pages of this pamphlet? 2.)
Then, why is it a crime for us prisoners to talk and hold a
conversation with one another, as was made evident with the
administrative write-ups that I received for talking?? (Reference
pages 1 thru 26 and make note of the stamping of the pages in the
s
reference section - e.g. Pelican Bay State Prison imprint.. This is
no different than how the Germans did the Jews within their
concentration Kamps.. The last time that I checked, prisoners still
enjoy the First Amendment protections & the Constitutional freedoms.
of speech, expression, association, etc.

*Editors note: I have corresponded with thousands of
prisoners in hundreds of prisons and Pelican Bay State
Prison is the only prison that defiles every page of
prisoner's outgoing mail, be it a letter, an essay, poetry
= even artwork!

In re: Procunier v. Martinez 416 U.S. 396, 413 (1974); Turner v.
Safley 482 U.S. 78 (1087); Thornburgh v. Abbott 490 U.S. 401, 411
(1989); and Baraldini v. Meese 691 F.Supp. 432 (1988).. the
application of the no talking policy, or in the words of Gestapo Agents
M. Perreault, S. Hayes, M. J. Johnson and B. Stacey (reference pages
21 thru 25) is arbitrary and speaks of the fascist nature of corruption
under the genocidal construct of Neo-Colonialism.. Gestapo agent M.
Perrauit quotes Pelican Bay's orientation package, to where he states.
that: ‘loud noises - i.e. yelling or shouting, will not be tolerated.
(Reference page 24.) The distinctive contradiction with this policy is
that, it creates an infringement upon our First Amendment.
Constitutional freedoms of speech, expression, association, etc., in
particular, where this policy does not create the distinction between a
prisoner yelling or when a prisoner is just talking.. Thus, Gestapo
agents, M. Perrault, S. Hayes, M. J. Johnson and B. Stacey, have
taken it upon themselves to interpret this policy as: That, whenever a
prisoner talks or communicates with another prisoner, then he Is
automatically shouting or yelling, for which we are then written up
for.. (Reference pages 21 thru 25). However, the dictionary defines
yelling, shouting, talking & communicating as follows:

Yelling: to cry out or speak with a strong, foud, clear sound; shout..
Shouting: to call or cry out loudly & vigorously..

Talking: to communicate or exchange ideas, information, etc. by
speaking...

Communicating: to give or interchange thoughts, feelings,
information, or the like, by writing, speaking, etc..

Lam thus left concluding that, these (4) four material factors are
not one & the same and are fundamentally different... Being able to
communicate with individuals of your culture aids in the historical
development and the continuation of that culture, as the language of
the Individual is an essential component of the individual's cultural
identity.. My people, being told that we cannot talk / communicate
with one another, is no different from when our New Afrikan Black
[3
ancestors were abducted from our Motherland of Afrika, and brought.
to North Amerikkka, etc. for purposes of being enslaved, in which the
families of our New Afrikan Black ancestors were separated from each
other, 50 that they couldn't carry on the legacy of our native
language..

And if our ancestors were caught speaking our native language,
they were systematically lynched, hanged, murdered, raped et
Yes, it's genocide under the social construct of neo-colonialism... But
please make note of the fact that I wasn't charged with doing
anything iliegal or criminal via the usage of my communications with
the noted prisoners.. (reference pages 21 thru 25).

And, 3.) Then why have we prisoners been ex-communicated
from the rest of the S.H.U. class of prisoners, if our custody status
hasn't changed?? Gestapo agents of Pelican Bay have separated our
Visiting times from the rest of the S.H.U. prisoners, so that we are
not in the visiting room together and whenever we C.M.U. prisoners
are escorted anywhere within this slave kamp (prison) the escorting
officers go out of their way to make sure that we C.M.U. prisoners do
nlot come into contact with other prisoners of the S.H.U.. My people,
these factors, as listed i points #1 thru #3, speak of the manifest

existence of a *Communications Management Unit* (C.M.U.) at
Pelican Bay State Prison, in that, the purpose & objective of a
~Communications Management Unit” (C.M.U.) is to manage & control
the communications between & amongst its occupants.. (e.g.
“corruption, genocide & neo-colonialism..)

On March 12th, 2009, I received a stop mail notice from Special
Gestapo Agent D. Milligan, to which he informed me that my outgoing
correspondence was being confiscated on the grounds that "It
contained and was promoting "B.G.F. - related material.." (Reference
pages 8 & 9.) This so-called B.G.F. - related that Special Gestapo
Agent D. Milligan is referring to, is a proposal that I've created,
entitied: “The New Afrikan Community Response Network.." This
proposal has absolutely nothing to do with B.G.F. - related activities,
butiin fact, s a proposal that I've created, as a proposed solution for
the people of the *free” communities, as a defense mechanism to
ward off the many 1st Amendment Constitutional violations / abuses
that our kaptors are perpetrating, by stealing / confiscating &
disallowing our mail under the spurious premise of my promating or
Otherwise being involved in "gang activity” - which in and of itself is a
blanket, vague, all-inclusive bogeyman type of illegitimate standard
for what “criminal behavior” is. In all its instances, “crime* is clearly
2nd specifically defined as a certain act - but that doesn't stop them
from considering anything they don't like or disagree with as "gang
activity." Basically, it enables them to throw the Constitution out the
window.

7
Special Agent (of the Gestapo variety) D. Hawkes, makes

reference to my proposal within his Administrative 602 Response..
(Reference pages 11 & 12.) But for the novices of the world, who are
ot ail too famillar with the barbaric and fascist culture of prisons,
allow me to offer the People a definition of a prison gang & prison
"gang activity,” as was defined by the courts in a legal case referred
to as - Castillo v. Alameida - case no: C-94 - 2847 - MJJ:

"Gang activity is defined as any illegal, unlawful or criminal
activity done in furtherance of the goals of a prison gang..” -
(reference pages 16 thru 20.)

So, based on this definition of a prison gang * prison gang
activity, as is accepted and defined by the courts, and per our own
review of the excerpts that Special Gestapo Agent D. Hawkes
referenced from my New Afrikan Community Response Network
proposal, (reference pages 11 & 12) that I've initiated, I am forced to
ask the People the following question: "What, if anything, is criminal
or unlawful (e.g. B.G.F. - related) about anything that Special
Gestapo Agent D. Hawkes has referenced from proposal?? But more
importantly, this material contradiction speaks to the determination
of these fascists, in which class-conscious prisoners, political
prisoners, prisoners-of-war, etc. are being systematically deprived of
our rights to organize, unify, heal, save and protect our People
socially, politically, culturally, economically, etc.

We come from the clutches of kapitalism, via raising social
‘awareness amongst those around us in the prisons and on the
streets, thru positive & correct ideas of nation building!! These rights
have been guaranteed to us prisoners via the 1st Amendment
Constitutional freedoms of speech, expression, association, etc...

For example:

“It is considered unconstitutionally over broad under the
1st Amendment in which criteria specifically punished
Inmates for their "radical” political beliefs and their alleged
assoclations with "revolutionary” political organizations.. The
1st Amendment embraces the right of the individual to speak
one's mind, and includes the right to advocate and join with
others in an effort to make that advocacy effective... The
government can abridge individuals 1st Amendment freedom
of association only if It can show that the association is
engaged in unlawful activities & pursuits.. An association or
organization cannot be made illegal in the absence of a clear
showing that the group is actively engaged in lawless
conduct.” (re: Baraldini v. Meese - 691 - F. Supp. 432
(1988)..
€

Again, Special Gestapo Agent D. Hawkes failed to demonstrate
how my New Afrikan Community Response Network proposal was
actively involved in any lawless activity when he and Special Gestapo
Agent D. Milligan stole my outgoing mail.. (reference pages 10 thru
15)

“editor's note: I see this horrific "guilt by
association” labeling of prisoners as "S.T.G. - Strategic
Threat Group, constantly. Horrific, clinical torture in
the form of severe sensory deprivation, invasive searches,
beatings, gassings, taserings, under-feeding, 24-7 lights
and cameras and etc. is forced upon these prisoners
seemingly endlessly. They've been labeled as engaging in
the non-crime of "gang activity.” One of several other of
Tashiri's writings, which I proudly distribute is
entitled: “New Afrikan Prisoner's Domestic Crisis
Intervention Initiative.”

Another sneaky means prison authorities use to
repress prisoner educators is to ransack their cells,
steal publications that were earlier allowed in and iabel
them “contraband. "

This is what the “Land of the Free and Home of the
Brave” does to conscientious and brave and insightful
prisoners - tortures and abuses them. This is the
antithesis of "freedom. Ah, but as Michelle Alexander so
eloguently and clearly pointed out, the linchpin of the
Constitution is and always has been h-u-m a-v-o-z-
¥. Of course, this is "my opinion.”

Unacceptably, The 13th Amendment to the Constitution
- to this day - sanctions human slavery for prisoners.

~ Anthony Rayson

Fascism, for the most part, consists of “rampant cronyism &
corruption; an obsession with crime & punishment; a disdain for
human rights, etc.” among countiess other symptoms.. Pursuant to
the California Code of Regulations - Title - 15 - Section 3130 Article 4
- General Policy on Mail: “The sending / receiving of mail by prisoners
‘shall be uninhibited except as provided for in this article.. mail shall
be delivered to prisoners, regardless of housing, unless it is
contraband pursuant to Section 3006 or is disturbing or offensive
correspondence pursuant to Section 3135.."

Section 3006 states in relevant part; “Inmates may possess only
the personal property, materials, supplies. items, commodities and
substances, up to the maximum amount, received or obtained from
authorized sources, as permitted in these regulations.. Possession of
contraband as defined in Section 3000 may result in disciplinary
action and confiscation of the contraband.” - Section 3135 states in
relevant part; *(2.) Non-confidential correspondence may be
disallowed if the text is such correspondence presents a danger or a
threat of danger, to any person.. The authority to disallow such 9
correspondence shall not be delegated below the staff level of
correctional facility Captain; and (b.) disagreement with the sender's
or receivers morals, values, attitudes, veracity or choice of words will
ot be cause for correctional staff to disallow mail.. Correctional staff
shall not challenge or confront the sender or receiver with such value
Jjudgments..”

‘The stop mail notice that Special Gestapo Agent D. Milligan and
the Administrative 602 Appeal Response that Special Gestapo Agent
D. Hawkes issued to me does not offer any substantive material
‘evidence that my outgoing mail violated any of the provisions
outlined in the California Code of Regulations - Title 15 - Sections
3006 and 3135. And, this is based on the excerpts that Special
Gestapo Agent D. Hawkes referred to in his Administrative 602
Appeal Response, thus speaking to the manifest dynamics of
coruption (.e.g. “fascism..") (Reference pages 10 thru 15)..

Pursuant to the California Code of Regulations Title 15 - Section
3132 (2.); "Any violation of laws governing mail will be referred to
postal authorities and to appropriate criminal authorities.."

It must be noted, that I have never been charged with any crime,
and, nor has my stop mail case been referred to the criminal
authorities, as is required pursuant to C.C.R. - Title 15 - Section
3132 (2.) whenever a person's mail is involved in any criminal
wrongdoing.. And furthermore, whenever a prisoner violates a prison
rule, as is stipulated in the California Code of Regulations Title 15 -
Section 3315; that prisoner is issued a cdc 115.. However, I was
never issued any cdc 115 as it pertains to my stopped mail
(Reference pages 8 thru 15.)

But my People, the means of fascist corruption does not stop
there.. No!! Special Gestapo Agent D. Hawkes goes on to accuse me
with rhetorical allegations of; "That I am somehow running an illegal
business via the creation of the New Afrikan Community Response.
Network Proposal,” and he based this allegation on the contention of
‘me asking for financial donors, etc. to aid in the creation of the New
Afrikan Community Response Network Proposal. (Reference page
14)

However, this contradiction is firmly negated by clearly
established administrative rules & policy, In which business is defined
as; "Any revenue generating or profit-making activity.
“C.CR. - Title 15 - Section 3024 (2.)")

Special Gestapo Agent D. Hawkes does not articulate how my
proposal is designed to generate any revenue or make any profits, in
particular, when I clearly state: “That the purpose & objective of the
New Afrikan Community Response Network proposal is o serve as a
defense mechanism, and a deterrent towards the 1st Amendment
Constitutional abuses that we prisoners are being subjected to..”
(Reference page 11.)

So you tell me, “How would I be generating any revenue or
making any profits with this proposal (N.A.C.R.N.) as predicated
upon these facts??" But furthermore, pursuant to the California Code
of Regulations Title 15 - Section 3140 (2.); "I have a right to have
funds sent to me..” So how else am I going to have funds sent to
me, if I don't ask for them?? Quite ridiculous, huh?? Yeah, I know.

The manifestations of corruption & genocide (e.g. "Fascism")
continues when Special Gestapo Agent D. Hawkes attempts to
criminalize my proposal by saying; “That B.G.F. - Black Guerrilla
Family - members refer to themselves as "New Afrikan* and he goes
on to reference the historical materialism of the Republic of New
Afrika (RNA) s if to substantiate, that by a Black prisoner referring
to himself as a "New Afrikan” that this is somehow evidence of a
crime... (Reference page 13.)

‘This position reeks of the foul odor of racismll! It also violates
the California Code of Regulations - Title 15 - Section 3004 (a.) (b.) &
(c.) to which states in relevant part: “That a prisoner will not be
discriminated against on the basis of their race, religion, political
views, etc.” Now the real reason as to why us Black prisoners
identify ourselves as New Afrikans, is predicated upon the following
historical materialism: *When we say New Afrikan, we are in fact
affirming that we are a part of a longstanding and glorious Afrikan
heritage, though we are geographically separated from Afrika..

Just as European settlers tried to hold onto their European roots
by naming their settiements in North America: New England, New
Hampshire, New York, etc...

And as Mexican settlers maintained their connections to their
Mexican Motheriand, by calling their settiement, New Mexico..
Afrikans chose to affirm our Afrikan heritage by calling the part of the
U. $. where the majority of New Afrikans are located - New Afrika..
New Afrika refers to the land.." (3).

‘There are three additional reasons as to why we call ourselves
New Afrikans:

1.) The name gives recognition to our historical Afrikan heritage.
2.) Itis a rejection of the attempts by the U. $. government, our
colonizers, to Amerikanize us to the rest of the world, and; N

3.) When we call ourselves New Afrikans, we identify ourselves as an
historically evolved and legitimate nation of people in the community.
of Afrikan nations..

By being deprived of our inherent right in identifying with our
racial nationality as a New Afrikan, speaks to the manifest systemic
practices of genocide, in which we New Afrikan Black prisoners are.
being subjected to, because in the words of Special Gestapo Agent D.
Hawkes, the word "New Afrikan” is allegedly synonymous in meaning
that a person Is B. G. F?! (e.g. "criminal / unlawful conduct.")
(Reference page 13.)

Article I of the United Nations Geneva Conventions on Genocide,
defines the crimes of genocide as meaning any of the following acts:

“Committed with intent to destroy, in whole or in part, a national,
ethnic, racial or religious group as such:
A.) Killing members of the group; B.) Causing serious bodily or
mental harm to members of the group; C.) Deliberately inflicting in
the group, conditions of life calculated to bring about its physical
destruction in whole or in part; D.) Imposing measures intended to
prevent birth within the group; and E.) Forcibly transferring children
of the group to another group...”

Article III of the United Nations Geneva Conventions on Genocide
provides that the following acts shall be punishable: A.) Genocide;
B.) Conspiracy to commit genocide; C.) Direct and public
excitement to commit genocide; D.) Attempt to commit genocide;
and E.) Complicity in genocide...

Now you tell me, how are Special Gestapo Agents D. Hawkes and
O. Milligan not guilty of practicing genocide against the kaptive class.
of New Afrikan Black prisoners, by criminalizing our culture when we
identify ourselves as being a New Afrikan, as is consistent with Article
II of the United Nations Convention on Genocide??? (Reference page
13)

These fascist's position speaks to the deliberate infliction o a life
that is calculated to bring about the physical & psychological
destruction of the kaptive class of New Afrikan Black prisoners, by
arbitrarily disconnecting us from our ancestral native tand of Afrika..
So, in accordance with Article III of the United Nations Geneva
Convention on Genocide, we, the class of New Afrikan Black
prisoners, demand that Special Gestapo Agents D. Hawkes and D.
Milligan, along with with their fellow co-conspirators be punished in
accordance to the law!!!
The United Nations Convention on Genocides continues with: /2

“It is pledged to fulfil in good faith the obligations assumed by
them in the parties in the present charter (Article I1.) to land, the
fundamental human rights.. The dignity & worth of the human
person, the equal rights of men & women and the nations (Preamble)
‘may result in the acquiescence of international co-operation in
Solving international problems of / and economics, social, cultural or
humanitarian character and in promoting and encouraging respect for
human rights and for fundamental freedom without distinction as to
race, faith, sex, language or religion..."

‘The failure of the government of the United $tates to implement
the United Nations Charter and the Genocide Convention, as well as
its long-standing failure to implement the 14th & 15th Amendments.
to the Constitution of the United $tates, clearly reveals that the
‘oppression & genocide being practiced against the Negro People of
the United States, is a policy of the government of the United
States.... That all are equal before the law and shall be accorded
equal protections before the law, is the assertion of Article XX. As
the Dedlaration of Human Rights, yet without equal access to the law,
there can be no equality before the law that the sufferer cannot
invoke without any protection, "equal® or therwise.

‘The United Nations furthermore declares itself an organization
formed by nations, including the United tates, as a fundamental
signatory. They declare and affirm fundamental human rights for il
and the dignity and worth of the human person, the equality of men
& women and of nations, regardless of their size and strength.

Special Gestapo Agent D. Hawkes, then attacks me for my
political beliefs by stating that I am not a political prisoner based on
the nature of the crime that I am in prison for, which has nothing to
do with any political motivations and that Amnesty International only
identifies people as "political prisoners® that were Involved in political
activities in the communities of Babylon, prior to their kapture..
(reference page 14.)

First of all, this position violates clearly established Administrative
Provisions of the California Code of Regulations - Title 15 - Section
3135 (a.) to which state:

“That a prisoner’s mail shall not be disallowed or withheld for a
person’s choice of words.." (e.g. "New Afrikan Black Political
Prisoner”).
Secondly, the defintion of a political prisoner that Amnesty
International draws upon & offers to the intemational communities at
large is out-dated and is inconsistent with the current social
conditions that define our propagated existence as oppressed /3
peoplell”And Is the standing reason as o why the movement for
black liberation has become stagnated...

1 mean really, how can we as oppressed people anticipate our
position to advance via the usage of old & out-dated definitions of
what a political prisoner is or isn't??? If we were to solely rely on
Amnesty International's definition of a political prisoner, this would
mean that the countless New Afrikan Black Brothas, such as Comrade
George Jackson, Malcolm X, Rubin "Hurricane” Carter, etc., who came
to prison for non-political offenses, but transformed their criminal
mentalities, attitudes and behaviors into revolutionary mentalities,
attitudes and behaviors via their committed social practices therein,
Wwould not be considered political prisoners, based on Amnesty
Intemational's definition of a political prisoner.

1, along with similarty situated New Afrikan Black prisoners, define
ourselves as political prisoners based on the following:

1.) We new Afrikan Black prisoners have committed to transforming
our old criminal behaviors, attitudes and ways of thinking into that of
genuine New Afrikan Black revolutionaries, as demonstrated through
our social practices, by serving in the interests of all poor oppressed
communities, via the many writings, proposals, Initiatives, etc. that
we have developed towards the objective of re-building, redeeming
and empowering our communities socially, economically, culturally,
politically, etc.; and

2.) We New Afrikan Black prisoners have a concrete understanding
of the historical significance of the imperialist war, that the imperialist
powers have waged upon our native ancestral land of Afrika, since
1691 during the trans-Atiantic slave trade, by way of plundering and
stealing our material resources, from our land through capitalist
extremes.. Our New Afrikan Black ancestors were aiso murdered,
raped, lynched, hanged and forcibly kidnapped / abducted from our
Mothaland of Afrika & brought here to the shores of North Amerikkka
for purposes of being enslaved!!

It s through the continuum of this materialism that we New
Afrikan Black prisoners have become political prisoners / prisoners of
war, as the imperialist powers have not relented in their imperialist
war that they have waged upon our nation of New Afrikan Black
peoplel! (e.g. "Since 1619 to present day.")

Special Gestapo Agent D. Hawkes makes a futile attempt to
criminalize my relationship with Anthony Rayson, to whom is the
‘curator and founder of South Chicago ABC Zine Distro publishing, by
‘making rhetorical references to the militant origins of anarchism..
‘Special Gestapo Agent D. Hawkes states a follows: "

It commonly contrasts itself with Amnesty International, which
organization (sic) is concerned mainly with prisoners of conscience,
whereas the ABC openly supports those who have committed crimes
in furtherance of revoltionary aims that anarchists accept as
legitimate..”

Quotes by ABC include the following:

(1) “We believe, as most anarchists o, that prisons serve no
useful function and should be abolished along with the state.. We
believe in the abolition of both the prison system and the society
which creates it.. We believe in direct resistance to achieve a
stateless and classless society.. We share a commitment to
revolutionary anarchism.. We see a real need for anarchists to be
‘militantly organized, etc.
(Reference pages 2 thru 13.)

Special Gestapo Agent D. Hawkes' position unquestionably speaks
to the current order of corruption and fascism that myself and several
similarly situated New Afrikan Black prisoners are being routinely
subjected to.. Because, nowhere within Special Gestapo Agent D.
Hawkes' narrative, is there any substantive material evidence, that
would equate my relationship, or for that matter, my correspondence
with Anthony Rayson, as invoiving any militant discussions or
activities.. (Reference pages 10 thru 15.)

Pursuant to a support letter, dated November 28th, 2005 for my
forthcoming parole board hearing, Anthony Rayson has made it clear,
to the extent in which our relationship consists of, when he stated as.
follows:

“I've known Marcus for about a year and a half.. We've
corresponded together and collaborated on a series of his writings..
specialize in working with prisoners who are looking to get their work
published and who have something positive to say that will benefit
the Black community.. Marcus surely qualifies along these lines..
There is no profit in this venture, but it is an important link for those
who've gone to prison, transformed themselves from having a sort of
“gangsta mentality” into a mentor for those seeking positive
guidance and a way to avoid becoming a prisoner, themselves..”
(Reference page 26.)

Again, the courts have held:

“An individual cannot be punished for joining, associating with, or
attending meetings of association or organization, unless association
is clearly shown to be illegal and individual affiliated with group has
knowledge of its illegality and specifi intent to further is illegal aims
by affiliation... Political groups may embrace both legal and fllegal

ing
; . 11, 16 - 17 (1966); and
Aptheker v. Secretary of State - 378 - U.S. 500, 511 (1964).. /S

1f these material facts are not evidence of Special Gestapo Agents
O. Hawkes & D. Milligan demonstrating a complete disdain four ur
human rights; having an obsession with crime & punishment; being
involved with rampant corruption & cronyism, etc. then you tell me
how these facts do not amount to fascist corruption?! In particular,
in light of a complete absence of me showing any inclination of
furthering any illegal aims.. (Reference pages 10 thru 26.)

Special Gestapo Agent D. Hawkes continues on, via a piss poor
effort to de-legitimize the legitimacy of South Chicago ABC Zine
Distro publishing by saying: *A zine is defined as a non-commercial
(often homemade or online) publication usually developed to
specialized and often unconventional subject matter.” (Reference
page 12.) Just because a publishing company does not advacate the
Immoral & decadent values of this corrupt empire (U.$. government)
doesn't strip South Chicago ABC Zine Distro publishing of its
legitimacy... And just because the material that are published by
Anthony Rayson in his own home, also does not de-fegitimize South
Chicago ABC Zine Distro publishing... Pursuant to the Callfornia Code
of Regulations - Title 15 - Section 3133 (3.) which constitutes as
being the governing body of rules for all slave kamps (prisons) within
the state of California, defines a publication as being the following:

Ppublished at least four times a year at regular, specified intervals
from a known office of publication..” In re: C.C.R. - Title 15 -
Section 3133 (3.)..

South Chicago ABC Zine Distro is a well-known office of
publication, to which publishes pamphlets, zines, etc. year round.
Pursuant to penal code section 2600, e prisoners have a right to
read & receive published materials...

“Editor's note: The quote that Mr. Hawkes drew from
about the militant intent of ABC was written by somecne
who is part of the ABC Federation. There is also an ABC
Network as well as independent ABC groups. South Chicago
ABC Zine Distro is an independent group that does not
subscribe to nor is bound by what is written by anyone
speaking for the ABC Federation or Network.

~ Anthony Rayson

Special Gestapo Agent D. Hawkes goes o to threaten me with
threats of suspending my mail rights & privileges (e.g. *fascism.*)
when he stated: o

“The California Code of Regulations (C.C.R.) Title 15 - Section
3132; Responsibility and Compliance (a.) states, ‘Correspondents are
personally responsible for the content of each item of mail they send
into or out of a correctional facility... And persons corresponding with
inmates must comply with existing laws, regulations and local rules...
Any violation of laws governing mail wil be referred to postal
authorities and to appropriate criminal authoritis.. Violations of the
law, the policies and regulations set forth in this article or of
approved facility mail procedures may result in the temporary
suspension or denial of correspondence between the persons
involved.™ (Reference page 14.)

Again, my stop mail notice case was never referred to any postal
or criminal authorities!! (reference pages 8 thru 15.)

My people, this is clear & substantive material evidence of neo-
colonialism, genocide, corruption, etc.. Neo-colonialism is defined
as:

“A more sophisticated disguised form of classic capitalist
colonialism.. On a world-scale, neo-colonialism as a state of
imperialism, has proven to be very dangerous, because of its
flexibility and power to camoufiage as compared to colonialis..
Under neo-colonialism, the colonizer still manages to disrupt in
spectacular fashion the cultural life of a conquered people.. This
cultural obliteration is made possible by the negation of national
reality, by new legal relations... By the banishment of the natives
and their customs to outlying districts.. By expropriation, and by the
systematic enslaving of men and women..”

It is without question, that, we the kaptive class of New Afrikans
are being subjected to a classic form of cultural obliteration, as
predicated upon the new legal relations via the construct of Pelican
Bay's "Communications Management Unit* (C.M.U.) in which it is a
“crime" to identify with our ancestral legacy of our Mothaland Afrika..
(e.9. "New Afrikan®) (Reference page 13.)

In order for an individual to be defined as being part of a nation,
one must be able to grasp the significant dynamics of that nation, a5
it is the historical materialism of that nation, which ultimately defines
the cultural identity of that individual.. For example, for every
individual person, his / her own cultural identity is a function of that
reality, as it relates to his / her people.. A cultural identity is made of
those components, which collectively define the collective personality
of a particular group of people such as; "The psychological, linguistic
and of course the historical factors..” So, by Special Gestapo Agents
D. Hawkes & D. Milligan stopping my mail and threatening to suspend
my mail rights with Anthony Rayson, it advances the soclal construct
& conditions of neo-colonialism, genocide and corruption that we New
Afrikan Black prisoners are being subjected to.. As again, Anthony
Rayson has made it clear, via the letter that he wrote to Pelican Bay
State Prison on November 28th, 2005, in which he articulated the.
objective & purpose of our relationship as follows: ”

“I've known Marcus for about a year and a half.. We've
corresponded together and collaborated on a series of his writings.. T
‘specialize in working with prisoners who are looking to get their work
published and who have something positive to say that will benefit
the Black community... Marcus surely qualifies along these lines..
There is no profit in this venture, but it is an important fink for those
who've gone to prison, transformed themselves from having a sort of
‘gangsta mentality" into a mentor for those seeking positive guidance
and a way to avoid becoming a prisoner, themselves.. Marcus has
impressed upon me his sincere desire o return to his community a
man, who has transcended his situation and who will go out of his
Wway to offer mentorship and guidance to the young Black youth in
Oakiand..” (Reference page 26.)

Meaning, I'm unable to help save, heal, protect, build &
transform the criminal mentalities / attitudes of my fellow New
Afrikan Black Sistas / Brothas within our communities via the many
proposals, pamphlets, initiatives, etc. that I've constructed as
predicated upon the current sodial conditions that confront our people
for purposes of establishing correct & positive ideas of nation
building, which Anthony Rayson publishes for me.. However, my
social / politcal activities have been deemed to be criminal by Special
Gestapo Agents D. Milligan & D. Hawkes.. (Reference pages 8 thru
15)

Now you tell me, how s this the promotion of anything that can
be considered "gang activity,” unlawful or criminal? Absolutely
nothing!! But this has been the practice of these fascist pigs at
Pelican Bay State Prison for the past twenty-plus years!! They have
continuously and routinely been charging us New Afrikan Black
prisoners with false & unsubstantiated allegations of being involved in
“gang activity..”

But the cold part about this truth is; 1.) this is evidence of a
Pelican Bay State Prison officials boldly refusing to comply with the
courts legal settiement reached in the Castillo v. Alameida case no:
C - 94 - 2847 - M); as It pertains to the accepted definition of a
prison gang and prison gang activity; and 2.) more importantiy, this
same type of immaterial *evidence" is then used against us to deny
us parole, by the parole board commissioners, when we go up for
parole at out parole board hearings.. Meaning, we New Afrikan Black
prisoners do not stand a chance at ever being paroled, as long as
these fascist pigs are able to enjoy the continued free reign of /g
concocting unsubstantiated allegations of us New Afrikan Black
prisoners being involved in or promoting "gang activity..” This is why
itis essential for the public to be made aware of this barbaric &
arbitrary practice!!

Now, based on the material evidence / facts that | have offered in
my analysis to the People, in which my proposal, The New Afrikan
Community Response Network has been arbitrarily deemed B.G.F. -
related material (reference pages 8 & 9.) Why should I & other
similarly situated New Afrikan Black prisoners continue to be held in
the Security Housing Unit (S.H.U.) indefinitely, for another 20 - plus
years, based on bankrupt & unsubstantiated charges like this??

It is way past time, that the People be awakened to & become
outraged at these long-standing human rights abuses (€.g. "neo-
colonialism, genocide, corruption, etc.”) This is what we are being
subjected tol! But the People must not become content with just
being outraged, s outrage alone will not negate or advance the
dilemma that we as a People / community are up against!! Noll It is
my deepest desire that the People will utilize the evidence as is
offered in this pamphiet, as an opportunity to inform & educate the
People of the community, so that strategical tactics can be
implemented by the People on an organized platform of removing &
negating the long-standing human rights abuses of neo-colonialism,
genocide, corruption, etc... As. 20 - plus years is more than enough
time for this nonsense to be going on without it being checked in one
form or another!!

Tell the People no lies,
Claim no easy victories!!!
Kijana Tashiri Askari

Chief Faciltator and Supporter

Ms. Hannah Bastienne
www.myspace.com./dare2struggle
Tashiri@gmail.com

Midwest Regional Supporter & Distributor
Anthony Rayson

P.O. Box 721

Homewood, IL 60430
PAGE 03

ional information:
Contact me at:

Kijana Tashiri Askari
s/n M. Harrison #H54077

P.0. Box 7500 / d3 - 122 / SHU
Crescent City, CA 95531

|

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Describe Problem Continued Attachment >/

Stop mail notices from Special Agent D. E. Milligan,
to which he has been routinely accusing me of
promoting B. G. F. - related activities / material,
whenever he sees the words "New Afrikan" being used
within one of my political writings.. This latest stop mail
notice Is no different, to which he stopped (2) two letters
of mine that I had addressed to "Anthony Rayson® in
Homewood, I (see attached) the content within these
(2) two letters contained a proposal that I wrote
entitled: "The New Afrikan Community Response
Network.."

There is absolutely nothing in my proposal, that
speaks to, or about any B. G. F. - related material /
activity.. This proposal deals with, how to address the
matter of prisoner mail censorship..

A prisoner's mail may only be disallowed, where it
presents a danger or a threat of danger to any person,
per C.C.R. title 15 - Section 3135 (2.) And a prisoner's
“choice of words" per C.C.R. - Title 15 - Section 3135
(b.) However, this is exactly what Special Agent D. E.
Milligan has done, by focusing in on the words "New
Afrikan” and considering them to be the promotion of B.
G. F. material / activity, absent of any substantive
material evidence as to how these words present a
"threat" or "danger" to anybody!!

Action Requested Con't B.

I request that this stopping of my mail under the
spurious pretext of me promoting B.G.F. - related
material / activities - absent of any substantive material
evidence of said allegations, be stopped and 2.) That
L.G.L Officer D. E. Milligan be counseled, instructed and

s
prohibited from stealing / disallowing my mail as it
pertains to the suppression of expression - in re:
“choice of words" - per C.C.R. Title 15 - Section 3135
(b.); Procunier v. Martinez - 416 - U.S. 396 (1974); 3.)
That this matter be thoroughly investigated by Internal
Affais; and 4.) That my outgoing mail be mailed out as
intended immediately!!

25

Supporting documents:

Notification of Disapproval Form - dated 3/12/09
Stop Mail Notification Form - dated 3/12/09

b
26
Section H. - Continued

-..Prisoner, by rambling on about my commitment
offense on page 5 of his response, said action violates
C.C.R. Title 15 - Section 3135 (b.) - e.g. "choice of
words" as mail cannot be disallowed on these grounds..
2.) Special Agent Hawkes offers an historical narrative
about the Anarchist Black Cross (ABC) on pages 3 & 4 of
the second level of review, but this has absolutely
nothing to do with the substantive content of my
confiscated mail, as I am not an anarchist and my
enclosed political writing wasn't speaking to the history
or politics of anarchism; 3.) The term / word "New
Afrikan" is used by many Black people, as it is a part of
the historical materialism and culture of Black people
and not solely used by the B. G. F. as Special Agent
Hawkes suggests.

This assumptive opinion is racist and violates C.C.R.
Title 15 - Sections 3004 (a.) (b.) & (c.); and 3135 (b.);
and 4.) The New Afrikan Community Response Network
is not an illegal business operation, as its primary
objective is not to "generate any revenue or profit-
making activity" as defined in C.C.R. Title 15 - Section
3024 (2.) 4

The New Afrikan Community Response Network
Proposal is a free community initiative that does not
involve any other prisoners except for myself!! The
objective of this proposal is to ensure the protections of
prisoners 1st Amendment Constitutional freedoms of
speech / expression and not to generate funds to or for
anybody.. Special Agent Hawkes fails miserably by not
offering any substantive material evidence that I was
promoting B. G. F. - related material or activity, as was
specified on the Stopped Mail Notices (see attachment)

*B.G.F. stands for "Black Guerrilla Family."
27

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Coretionst Courslor 1 . awhes conducied ihe Appel incrvicw 3t Second evel of Appeal
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pelican-bay-1 1628039 e

A bulletin from Pelican Bay

Kijona Tashe sk

Publihed: Wedvesdey, Morch 25, 2009
Upduted: Wednesday, Morch 25, 009
Dear Ko

ncclmiont owords Dol hese s, wilh the kst thos ey commom !
e, s onthe oo et of ot comgs s

Lt o] e g o The o of s o ) ot

e et et o e e comis

31

e om0 311 PELICAN BAY STATE P(‘R;SQN 2.
Rl SECURITY HOUSING
e Lot s 1531 5.09.00850 oS!

. fmeresied,writc 0 the fllowing ks for o copy of.“The New fikan Commaniy Response
Wenword, " propasal

Auention: o Chicgo Zine ABC Disiro
o Anthony oyson
0 Box 721
Homewond, Mlinws 60430

For any oddiionsinformation abou i propesal conoet me direely 1

Kijana Tashir Askari
S M, Harison 34077

70 sor 1500

D3 12254V

Crescen iy, Calf 95511

v myspace comlre sirugele
lahiri@gmoi com

w

The intended recipicn, Abony Rayson, is a selfadmited warchistThe "AIIC” pur of bis
e aton v sllcs alliaion i e Ansichist Diack Cross A vine

e Chcoge ANC Zne Dit. dstriution actvork for ins 0 boih individaly ard
e adin. Raprn i . pltical aciist i the Chicog commniy and beyod "
oo s . (ollwing. ~South Chicopn ARC Zne Disr s an amrchist
e ewir o Anorchi Mk Crort Network providin, prisomes wi [ licranre
e sin tod it wren by Arthony Roysom (fower anl ramnr of
e it T i) ax il a by prsoners and other s

The same e discribes e Aarchis Dk Cross s fllos: The Anarchiv Blach Cross (o AIC)
i ofufal Prison Abefton urgonisaion first sarted i Russia us lhe dntrchis Ked
O votaion o pliical prisanrs. During he Rusion ol Wor (191820, e
v e s 1 o confion with h ed Cras The Hiock Crou decined
B e fuivg et Depresion; howener, durin the 1960, it was reformed in Uriain end.
e . s it North America Th group o muabe fo s effort ot provide.
Ayl s b 1 s orgamscs (sc) materia o egol spportfor clss
e oot worldest 1| commonty convasts el wih Awwsty [ncrrtionl. which
o i s oo iy with prisoners o consclece. wiereasthe ADC ety appors
0 e vsimes tn frtherance ] revoluionary s tha anarchits 0:ce 15
eranaie™

32
PELICAN BAY STATE PRISON |3,

o TARRSON 15407 SECURITY HOUSING UNIT
Rrpes Log o P539-5.00.00850 UNITD.3

‘Quotes by AINC include the following: (1) “Wie blieve. ax mast Anarchiss do, thr prisons serve
wefulfuncion ond should be ablished g with ihe Sate We blive in he ooy of b i
prison system and the sociey whichcreaie t We beleve n drec resitance 1o ochicoe 3 seselns
and closless socisty. We share o commiment 10 revaluionary Anarchism Wt see o ool seed ot
Ararchist o be millianily organizd.- (Taken frm ADC. What s he Anarchis Black Crone. et
Black Cross Ntwork, westc 1ad () “When we ios ihe war, thse who. Jouh on. become 1
Resintance. Out o he world the Resstance had hecome criminas fo Frapce mack th s wocr -
e dealing wit polical opponent. h chose o break he ows cstablshed by the consition. and!
the world sl egards usascriminals. When we are mprisaned. lbralsare ol inercocd, for ve e
lerrorss”..”. (Gacin, Migoe,Fanc'sPrisoner, (1972 Har Devs SON 0246 64070 7).

The reference 1 Blacks as “New Alikans” s not a e sccepted in mainsieam socicty. but has
Fevoluionary origins. 11 vas adoptcd from the conceptsof the Republic of New Afrka (KNA) 1966
fevoluionary organizaton secking he cstablishiment of an independen blck-najorty naion n the
Southern Unied Stacs (excluiog Florde) . Thet group had » s il
cnforcement s the KNA attempte o enforce thir (akcover of communiics n (hos sites. nd waw

dentifed s sditous roup by he United States Depariment of usice. Membersof the BT refer
10 thenelves s New Afikans -

B e following inemet wehsit
an-Feb 2009 pt i a oo

Revolusionary rectings!
My mame is Ko Tushiri Askar, o New Afikon Block pliicalprisoner of wr. I he editons e 10
the “New Afikin Emergency Communty Response Iniictive. " ys spoke. about the necd for
moterial connecton with the captive class o feedom fighers and thote o in Rabylon for s scs of
working together on o mumber of issucs | firmly agres with you! Howerer, with you being on 1he
round in Bobylon us o soldir for the people, s imperative for ou 1o compase o Int of
rganizatons or peopl wlling 10 work with the captive class of frdom fightrs W huve several
projccts devloped tovords rebuilding communivy. reclaiming he people’s minds from i appressons.
ut he primary conrodicion is ot having amy commited sldiers o the ground 1ot hes prjects
in motion and make them o matrial reality. There are several pison organisations out i Baylon
that profess 10 work 1o support th righs of prisoncrs, bt when one makes critical asessment of
that materia xistence. one conludes thot st o these oganizaions are mired i idealism e mecd
organizutions thet con advance ideas are praciical and conrete action These arganizatons st
have some type of concrele relaionship of strusle with the capiveclas of frcdom fighirs in vder
o wtvance the idea of being o prisoner righis group Please moke o lst of such organiations
availabie T leorn more ubout_me. log, onto wew myspoce comldare2srusgle o« mnl
tashir gl com. Vo may also write for somw: panphles of min to Athony Rayson. -0 i 721,
Homewood 1L 60430 Ask or Kijana Tushin Askars's pamphits “he seris. v 11 theoesi 11
All power 0 the peope wh o no fens realfrcetom!

33

Supplemen: Pge 5 4
nmac HARRISON. 154077 PELICAN BAY STATE PRISON
Appeal Log number POSP-D-09.00890 SECURITY HOUSING UNI™
UNIT D3
w

HARRISON clains he i a policalprisoner. A paliiclprisoner is defined a somcone held in pr
o othewise detaincd, perkaps under house i, fo i or hes involvemens n poies]

Some undersiand the erm poliical prisoner narmowly. Causting i wih the Lo isanr 1f
conscience (POC)Amnesty Incrational campaigas for I relcase f priancrs of comscince. which
include both politcl prisaners s wel a those imprsoncd (01 hee 1clgtous o phioseshiest b
To reduce controversy and 5 4 mate o principle, Arnesty nicrastonsl s paticy 1 1 e only. (o
prisoncrs who have not comied or advacaed viokene 1

ot i e narower s for POCS

HARRISON's commitment offense and_reason for incarceraion is vl related 1o
Duing an argument wiiham O ) v ihe =
wiile e B D o v Llcon. 1 o Officer Repert s
bt HARRISON used the kni To b SN repcacdly in'the buc, neck, nd hesd. [he report
s tht afcr SRR (1 1 the ground: HARRISON riocl 30 stabbed SRR v
times in the headHARRISON made sisicments baming he nrdent of SEREEMSSIED o s

icin, sining s SIBED 3 se roe with g an ol espontb
il [(\ISON 1 s . ot o e e
lcoho s eason fo hiscrine. HARRISON wes comvced of Atcmpcd Sries 1 with U 51

Weapon esulingin Gret Bodly Injury. A a esltofhis viglot e e wesseseheed s Lok o
o e i b i S o pscon of o s e o e T
probaton offier ot ke 1ARRISON e on
parole hen b wasarsicd o pricipting Ui [ou CompamORS 1 ComminE bt o v

on. Thre i3 1o nication ot HARRISON commited b act 1o poiar amons o her ot
FRiered o paic motives.

i

The Calfonia o of Regulions (CCR). Tike 1, Sction 3172, Respansibily and Complisnce, ()
stnes. “Correspondensare persanaly respomsle fn he e f coch bem 3o s
oot ofacorectomal foti All pessons orscsponin wih mates et somply w e
v regulatans and ocu ries Any vioation of lows wverning e wil b +enrad v
st forth n tis ik, o of syproved el il procres ey s<sul nthe ey nensins
ar demial o corespondence e e pesoms b

CCR, Tide 1S, Section 3021 (a). prohibits inmacs frony particpating in unsboried revenue.
gncraing etviis. The nganizion thot HARRISON ad Ui s re oo v oo
irough e ssistance of Hayson s b cstablishe with U el Sccving fonds and oy
comimions

DETERMINATION O 15

IARKISON refes o “us” "™ in bis il imdcating ot e is wrting and scoding the
Tirature_on el of hmscll and umam s o wiligs. and st
ormanaionsssociions v boen with s NGE membts. o PO el o

e Devery (15671 Janes Haevey CAVEL Lais Powell 139800 et Fite fct
s

3¢

o 1.5 PELICAN BAY STATE PRISON 15.
e FARRISON, 154077

number SECURITY HOUSING UNIT

Ropes Log mamber PRSPD.09.00190 SECURITY HOU:

I, g of i i ot Rayin i ot e 10 o of
aton,spcificaly Ebing on o work of peple 1 e Commoniy s e, g wid e
T i ondes b v s conlof B i

HARRISON's questonable cli that he i policl prisoner, the natre of hi politcal views, and
hisopinions sbout the governmeni of (he Unid Stxes are no casons for th Gerbed Someondi e
These would ikl fll within the category of vaue Judgmenis. This infomation s ronssnesj
when evalating he reasonabicss of the disapproved corrspondence In ight of the arvcutued
security concerns. HARRISON may belicve that he sapprova of his maicral s an ied
response” 0 prison concers. However, i ases concem tht thre s 8 thca o eg s o opnes)
intress when HARRISON inclodes muliple. sponsorship of his propasa, advesaics i col
people in the community (0 work under the diection of i and s wnmmed s, Gl
atthoried revenue e

1,30 individual who promois srarchy and caims alegiance 1o 4 groun that “spery suporre oot
ko have comited crimes in furherance of revluionrs ins 1hi anerchiss e ot opnime

nd advocac being "l organiscs

Aliough the mailing was denied, i appears that HARRISON was successil i getin th
leas n pa, 1o be displaye in Mrch 2009 on a websie: Wipimecs www isckonlin g
to-he-adirla blletin-rom-pelcan-hay. 11628039, Rayson's oganizaton has previonsy omsnst
pompiets or BGF members ot PBSP.SHU that have been e

o G el e
The maiing i considred a promoion of BGF gang acivity. Basd on the obove, the appes is:
DENIED " e i I o comespondence wil ema i 1 poesion o e o
sy

MODIFICATION ORDER

-
[ IA?A) Incouez

Wanden ()
35

Ib

ATTORNEY CLIENT COMMUNICATION
CONFIGENTIAL

Sentvaus s
et 12,2005

RE SETTLEMENT OF CASTILLOV. ALAMEIOA
e Fend o CPF

Fist 3 foremost, ank you oryour patience. | know 3 of you Nave been wakeg
ariusly o ews 3ot 1h setiement Castlo v Alames . €151 . Geskng wit e
epariments gang mansgemen potces

Th datay in geting i el i your hands was e 1 an unanicpaled wal o he
esiding g 1 sign i Setlement sgrearmont. Wi tht inalGevelopmant. CPF s plessed o
eporton e lerms o s mporant Jegat setemani esuling . mar changes 1o COC' gang
management plcies

Fist, some acknowiedgerments are in rder. The case was riginalylc i 1904,
merey making il one of e ongestrunning cases i the U S Disi Coun for e Northern
Dt ofCalioma. 11 was Wigaled by severalwyers ncluding CPF o

E50. Groham Noyle. Exq. and Joy Kuse. Esa. f i fm Lol Cabass
Beimien, LLP. who donated e stomey e 00 o bono bases Lt Cabraser deserves &
101 fcre o s wingness 0 devoe sgricant nancal fesoutces 10 3 cose ha 6d ot ove.
MuCh polcal 3uppOn B 1 he pUDICs misperceptons regaang SHU prsoners

115 mporant o note al much of the iabenng on e case was. cone by the Pai
203 S inmate,Sieve Castlo who deserves signiicantcredi 1o desiging meaninglu 3nd
iing caimeSlevs Casilo s an excelent odhouse lowyer who was wing 1 s0cHice some.
O i it clims i cdor 1o achve » Iavorate oulcome fo 3 SHU prisoners.

(CPF aks0 nanks e Tuncreds ofingidual SHU pisoners and hex famibes o el
‘fons whetner small o large n chiewnd 1 ag-overdue foel i SHU prsoners. We know
1t many o you st us lega documents and asssied wih out 635 303 A Whh were
gty vabed

Wi this apgreciaion nmind, here ar th detas of e case_The case was ot a ciass
ackon. aough he Fist Amendment ciaims, and th reke peovided for unde th Setlement hat
ne Same “dsposiie” ffct In oiher wors, despde ol beng 3 cass ocion, e rle scheved
nough stlemen aforded o sl SHU prsoners

The case was originaty brough under several legal theonas.incking, (1) 3 14
‘amendmen ciam that SHU gang pokces have 3 dsproporionate efecton Hipan. nmales (due.
" The case namber i C.94 2847 M. Gl i the 1S, i
Callfoa efore e Nonarabic Marin enkins

[ty —

California Prison Focu
2940 16ih Sireet, Suite B3+ San Francisco, CA 941
Phone: (415) 252-9211 + Fax: (415) 252.9311 + wwweprisons o
1% 3¢

1o he fact 11 60% of SHU prisoners are Hispanic): (2) an Bh Amendment lin that kng-lerm
SHU confinement s cruel and unusual given hat i ssue wos never Flly roschvd by Moy .
Gomez Th caim was Rigated on an ndidualbasi et long-1e confinemet s spplc 10
Steve Casito was crueland unusual. (3) 3 151 Amendmeni ca under (h “overresdht
docrine Inal the gang managemen pokcies are “vague" and ‘overbroad i tnex capecky 10
‘Gapure o apply lo behavir o aciil 1l i protecied b th rghs o reedom of sesocmton
200 speech. And (4) a caim that Casilo's vaidaton was dons i retaiohon fo s olhouse
Tawyerng sciies

COC, through s atomeys, fed no less than ve masions o dsmiss the case. Afer
many hard lought legaibatis, th remaining claims relaed o the retakiatory gang vaidation
gainsi Casilo and ihe 15! Amendment “overbreadih” ciams applied o ol S rsoners. Bear
in mind thal because i case was nol Higaied a5 a class acton, no SHU prisoncrs re preseny
precluded or prohiied fom Higating anyofthe dismissed claims on thek own. In tact o SHU.
Disones is preckuded from Higaiing any fuure claim nchuded o exchuded n Caslio's cooe.
Thars good news because any isoner no saisfied w he dcome of i case of who desies
1o buld upon ine success ofthe case s e io prsus any clam which may overap (o not wi
the Castilo gation

B way offrher background. i 5 necessary fo understand one o he pcial reasons.
setioment was pursued istead of sl Sovera reasons suggesied hat setlement was 8 eter
option. The frstand most prominent reason deals wih he -overleadth dociine which
mandaies tha aciiy or ssocitions hal deserve the higheat consutionsl prolecion elte
hal Courts cal‘poical speech " In ofher words, i was dficull 1 8rgue 1t SHU mates
deserve an absoute 15t Amendment righ (o comrmuncate sboul ordinary events in
‘communications (hal are lter used n gang valiations. Speech ha s “polical i nature” (¢

W thisin min, here are Some thoughis about wh we learmed sbout e vakdaton
process. First, we leaned via deposiion thal “igh ranking” CDC cffcals had a shamefuly fauly
‘undersianding of the workings of hex own poorly worded reguaions. Ths weak Urerstandng
01 COC regulation by s offcials was made worse by the abvious and Serious consequences of
e gang vldatin reguiaions. amely & mmum of ix years n solary contivement CEF was
dsturbed by he varying, conficting, and naccurale undersanding il COG offciols nad of her
‘own requistions COC ofered as one expianaton Ihat omove of IGT was especaly ngh
among COC empioyees. Bul CPF believes that COC 1 utimately responsise for nol
understanding is regulsions which fict enormous cuely and uniamess on SHU prisoners

3 b et o, e e et s o st The
Oeparnent e s mens T 1501 i oo Coe o e e
Oeparman Cpmshons emcr s s oo b s o o

(1) COC i requred tofnd that any SHU prisoner be an “actve” gang member in pro o
20proving a prson gang vaidaton:

(2] COG s required 10 have an“aricuiable bass” (meaning something that includes
feasonable acts) a5 1 why a source lem i ndicatve of gang aciwy. COC fs
required o document s “aricutable basis -

(31 Gang aciiy s defned as any iegal, uiawi,orcrimnal ctivy done in
furtherance of the gosis of prison gang:

(8] Prior 10 approva o a valdaton, COC 1 fequeed 1o ive the prisoner noice of the
considered source sems;
le. b

(5) Priorto approval of s valdaion, COC i requied 1 ask for and tecord (e
Gocument an inmale's views o the consdered source dems and forward the
s’ vews 1o in valdaton doceion makers.

(6) D can notongr ey on conderial nformants who provide notring more than
e ol 8 prisoner i Connection 1 & pison gang. Confidental nfoiant must
relr 1o spacic ack et an mate aogedl did i connecion with 8 prison gan:

(7) GG can no langer el on “haarsay” fom confidential inormanis. Infomani must
ave personat wowieage of the confdents nlormaton dsciosed:

(8) COC can o onger use ane incdontreporied by several sources (confdental ot
therwise) a5 mlipl source flems, nd insiead s counl one fcden, egardiess
ol he numbr ofsautces, 3 one source e

(9)'COC mustrin 3G 30 LEIU safl on e new changes in 3 tmely fashion;

{10) GOG mustconsider developing a aining and informatonatvdeo fo prioners on
gang dverion lopics: and

(11) These chamgos wil not b “retroactve” but nsiead wil apply o prisoners as they
Come up o ek ss yeas acivelacive feview af whch me COC mustdeem the
s 32 an“scive- Gong members i ordr 10 afem the vakdation

Th above provides @ sketch o Ihe exaciferms affxded unde th settement. For &
Il expanation o eachterm, CPF directs prisoners o the priso's law Bbrary where CPF wil
nake acapy f the stbementsvaiable. CPF wi iso pos Ie setlemen on our web i -
i pison org - 50 yourfamiy members ofloved Ones can dowrload he setlemen and send
tioyou.

CPF anscpes ht noteveryon wi e complrly e i e st
ecouse et . 1y e 0 COC. e et i Nreor (i s
oo Tamass 300 Sy s b CPH o e 0o 0 orenyurie
i ot e ol ocedup sk SHU.CPFs miin rans e Gosng o 1
Sk o it Gy comes, v st Pt 1 e s nd s
o COG e s fmaent s

_faciosing, CAF sands in sobdariy with e overal siruggle of SHU prisoners and we wit
e o o ot s o reSpoced

o

Crards Carbore. Esq
On benas of CPF

Turn tis page over for mre important intormation
35

n.

California Prison Focus
2940 16° S, Suite BS + Sn Francisco, CA 84103
Phone: (415) 252:9211 + Fan: (415) 252.931 1 wwwprisonsorg

CAUIFORNIY, -
= RISIH
FOCUS 3

Help Other SHU Prisoners!

Were vou locked up in the Pelican Bay SHU for more than 6 months?
Have you been out on the streets for less than three months?

If the answer to these questions is YES, o you know someone who
could answer VES, please call CPF right away. Or write us before your
release (0 make plans (sec above address, ATTN: Corey).

CPF is doing a project that is checking out one of the possible
harmful effects of long term SHU housing. We are taking one physical
measurement on recently released Pelican Bay SHU prisoners.

The test is completely painess, absolutely safe and does not require
blood or urine.

Project participants must have been released from the PBSP SHU
in 3 months of being (csted by CPF, and must have been housed
the SHU for at least 6 months just prior to release.

CPF will travel 10 you if you are in northers California, or make
arrangements (o visit southern California if a group of men can get
together for the testing in LA. The test site is in San Francisco. Your
focal travel expenses to the test site will be paid by CPF. There is no
other financial remuneratios

CALL Corey Weinstcin, MD at CPF 415-252-9211

)

ST

L PRISON California Prison

2940 16th Surcet, Su
15)252.9211 + Fax: (415) 252.9311 + wowne

Phone:

20

Focus

B5 + San Francisco, CA 94103

isons or

CONFIDENTIAL
ATTORNEY CLIENT
COMMUNICATION

August 1,205
RE: CASTILLO V. ALAMEIDA SETTLEMENT
Dea Prisoner

As you may know already, the legal case in Castillo v. Alameida was seticd on
Scptember 23, 2004, The case challenged various aspects of the CDC's gang management
polces.

CPF hasrecived information that prison oficials a not complying with some
porionsof the setenent. I partielac 5 o th definion of gang activiy;the “curent
ctive” determiaation: and the due process adherences in ntal valdations and inactive

“The federa g inthe Casilocase sl eains jurisdiction. However, before
we canprest any CDC non-compliance ssues 1 the judge, we must first evaluate the
extent of non-compliance and aiempt t rsolve the issues with CDC first.

Enclosed please find the following: Pot Casilo v. Alameida salement survy;
Relcase of Records Authorzaton; and Legal Consulaton Consent. 1 you ar willng 0
assis s in our evalution of CDC's compliance with the setleme, please il out the
enclosed forms and retun them via confidenta egal mail o the above address and
iomey.

Las, icase do not send yourorginal case documents (o your orly photocopy)
1f you s unable to make photocopy of you elevant case documents an seod themn (0
s, That fin. Otherwise, we can obiain 3 copy via the enclosed Release of Records.

Asslvays, we thank you foryour support in this mater, and we shal appise you

4o
21,

NAME and NUMBER HaRRISON wseor? ooz

0 06052008 s aproimaely 1215 hour | coserves e HARRISON who was cecoying Lo
oty s 10, g i vt COOPEROSD. GHbe T e Ly ok o0 o SRRSO
S oty Counsad b s g a1 8 s kb e e o
Corary. e HARRISON has een oosees 1 ¥laoa f Lo Uity oo on & g occesone,
Inmte FARRISON s secn a0 crmoved i o Livay s oo s
Sy 1233 o, Gt s FARAISON wes 5 v et s o CE
V28Rl vctaion of he Lo Ui pley o e it

/
564

Inmate HARRISON i 10 be dered physcalacces 0 the Law Liary fo period of 50 days, o 06-10
2008 inrough 05.06:2008 Thi witen ntfcaon wil seve a5 o 12 7ot HARRISON i natof e
suspension pericd 2 auhorized per OM. Scton 3060 10 and souse of Low Livary 1 Shoudoe ntes
nalhe Daging sysiem aswell a5t shokocopyprocedurs ars sl avaiabe 1o ivmate FARRISO

sl Q/M JAcduer
- . CHEF DERUTY WARDEN

22,
NAME and NUMBER HARRISON hsaorr owFi

(On Tuesday. Seplember 21, 1999, 8t approximately 0830 hours while | was assigned s D10 Coniol
oot Offcer. inmate HARRISON. H-54077, D10-2120, was resaring from yard inmate RARRGoN
1went 1 the C'Pod doarand yeled out e names of s associaes in he . nmale JONES, B-200y),
D120, was in B.P0d usng the nal cippers. Inmate JONES went 10 the B-Pod door. anc o o
rmate HARRISON had a conversaton. lnmate HARRISON and Jones ware verbaly counseid ‘on
19.99,aboutLaking bebween pods durog har and nal cpper program.

el

o e CommecTiona orFiceR
T e ConTRoL 800T™H
sase cusTooms

oATE 52199 coumseLnG
OMBER 50T MAME: HaRsON Heusiog 002
n 633106, o sprormscy 0745 hours.wi comaucig my s 25 03 oot Ol s concin i
18 rogam "1 koo ieaced e FARRISON 15407 D03 24 b it s o o
inmte FARRISON sptoache ha Poo Dot beouncommrictnswih e TAVLOR, 5.t 0 0.

o crm ‘ComRecTIONAL oFFicER
oare: 33108 cusTonL counseLme st pase

e o ot e s s 5 i e S et ot B
g i e e e ATRISON vt Do i 103 s e o s o

naa
o
NAME and NUMBER

e Py

e

- CHEF DEPUTY WARDEN ()

Posr CiRToo coumseLs cmono. oare
92

gone to prison, transformed fr
“gangsta” mentality into'a 7 for those seekin
: ‘E and a way to avui?bémmmg prisoner, themselves.

Marcus has impressed upon'me his sincere desire to
‘Community a man, Wh has traiscended his situation arid who will go
GU of his way to offer mentorship and guidance to the yoing black -
Youth in Oakland.. This type of hands-on présence is sorely lacking in
opinlor t would e 3 shame to ey Marcus

his actions that' &wyfit—mm‘flw
aments by tettng 6n's positive
ddress | e

His 3

rols L. Harrison #H54077 .

T Rope you give Marcis the benefit of the doubt and Iobs see what
he is able to accomplish, Thank you for any and all consideration afldk'
Please place this letter.if the files for his parole hearing. . - e

\Cerely,

" Political Prisoner i 1

Kijana Tashiri Askari