Friday 8 April 2016

Testimony to the court: Press release from Human Rights Coalition/Fed Up!

The following press release from 2009, before the 2010 incident for which the Dallas 6 are charged with "riot", was read by Bret Grote as testimony to the Dallas 6 trial on Thursday, April 7, 2016.


RELEASE: Retaliation escalates as human rights group files criminal complaints against SCI Dallas guards

In two separate criminal complaints submitted to the District Attorney of Luzerne County, Jacqueline Caroll Musto, investigators for the human rights coalition have asked that charges be brought against SCI Dallas staff for their role in the suicide of Matthew Bullock and in acts of retaliation against Andre Jacobs.

“We have submitted over half-a-dozen eyewitness reports to the DA’s office regarding guards tormenting Bullock, encouraging him to kill himself, and subsequently boasting of their success,” said Dominique Reed, an investigator with the Human Rights Coalition/Fed Up! chapter, an advocacy organization that has recently exposed conditions of control unit torture and criminal conduct on the part of staff at SCI Dallas.

A separate complaint describes prison guards retaliating against 27 year old Andre Jacobs, a jailhouse lawyer whose civil actions against prison staff and officials have led to four jury trials in the last few years and made him the target of animosity and retaliation by the PA DOC all the way up to Secretary Beard.  Just last month, Andre was awarded $115,000 by Federal Judge Joy Flowers Conti, a ruling which lessened but upheld the decision reached by a jury in the Western District of PA Federal Court in Pittsburgh last November. 

In a letter received later in the week after a visit human rights activist, Jacobs reported that five minutes after returning from the visit, guards destroyed his legal documents and he was placed on a series of restrictions.  “Andre had his water turned off for days, was denied yard and showers, issued death threats, and had his hand slammed in the tray slot by guards,” reports investigator Bret Grote, who has documented human rights violations committed against Mr. Jacobs throughout the PA DOC during the past two years.  “Perhaps most cruel of all is the fact that Andre was placed on ‘food loaf’, which is a policy whereby the PA DOC grants itself the right to use the withholding of food as a form of coercion.  Prisoners on this restriction are given a processed, scarcely edible loaf of indeterminate origin.” Furthermore, Andre was told by Sgt. Buck and Lt. Bleich that he was being targeted for his affiliation with the HRC.  Andre and several other inmates have reported receiving death threats in recent days and weeks due to their efforts to resist and expose control unit torture. 
 
Although HRC/Fed Up! continues to request that the administration launch a public investigation and formally announces such in a press release, criminal complaints are being prepared to send to the Department of Justice as soon as next week.

“We will continue to press for accountability at every level,” said Hannah Grace, an HRC member.  “Crucially, we will continue to expose the reality of illegal and abusive conditions inside Pennsylvania prisons to the public so that people understand the social and economic damage this system creates and demand change.”

Thursday 7 April 2016

Court Report Wed April 6 – Day 3 of the Dallas 6 Trial


MAKE A DONATION! Online at http://tinyurl.com/rally4dallas6 or send check/money order payable to Abolitionist Law Center, P.O. Box 8654 Pittsburgh PA  15221  Memo line: Dallas 6

DROP THE CHARGES!  For those who can’t make it to the trial but want to show support, please take part in a CALL-IN/FAX-IN to the DA demanding she drop charges. Details and talking points at - http://tinyurl.com/dallas6letter


Prison officials and police grilled on brutal cell extractions and riot charges


graphic by Molly Crabapple
Painful videos of the cell extractions were shown. (Some of the video Carrington’s cell extraction can be seen here). Andre Jacobs is heard saying "they are going to kill me" before they carry him out as he is unable to walk.  Duane Peters was placed in the restraint chair. Carrington Keys was thrown naked on a cold concrete floor to be body-searched, and his wrists were injured. 
Andre questioned Lt Mozier whether he recalls that he had complied and removed the covering on his cell, and why the use of pepper spray.
Carrington questioned the absence of evidence of and testing for feces.  Wiseman, attorney for Peters asked why the men fingered in the HRC report are the ones chosen to remove the men from the cells.
Police investigator Corporal Wilson was grilled on why he took three months to file riot charges, and why he never in that time spoke to the men who were charged, why he took the DOC's word that the men did not want to talk with him.  He said, "There are two sides of the story and the truth is somewhere in between."  In a powerful moment, Andre asked if the April 28 incident (what we know is the 15 hours restraint of prisoner Isaac Sanchez) that prompted the April 29 incident was part of his investigation and he said they were not related. 

Wednesday 6 April 2016

Court Report from Tuesday April 5 – Day 2 of the Dallas 6 Trial

MAKE A DONATION! Online at http://tinyurl.com/rally4dallas6 or send check/money order payable to Abolitionist Law Center, P.O. Box 8654 Pittsburgh PA  15221  Memo line: Dallas 6
DROP THE CHARGES!  For those who can’t make it to the trial but want to show support, please take part in a CALL-IN/FAX-IN to the DA demanding she drop charges. Details and talking points at - http://tinyurl.com/dallas6letter

Highlights Day 2

·       Big news!  The court heard why the Dallas 6 did the peaceful protest. There was concern that they would not have been allowed to lay this out in court, so the fact that they did was in and of itself a victory. Andre Jacobs and Carrington Keys gave powerful opening statements laying out why they did the peaceful protest.  They were well-prepared, thorough and were effective in their cross-examinations.
·       Prosecution called two prison officials as witnesses in an attempt to back their claim that the men wanted to coerce the guards to forcebly remove them from their cells.  They further charged Carrington Keys with assault: they claimed he threw feces.   
·       A video was shown in which Duane Peters is clearly heard over and over saying, “We want to talk to the Luzerne County Public Defenders,” prior to guards removing the men from their cells (cell extraction).

·       Defendants blew holes in the prosecution’s assault charges by showing discrepancies with official reports; they said they did not know cell extraction would happen and that prison officials could have avoided it. 

Tuesday 5 April 2016

Dallas 6 Trial begins! Court report Monday April 4, 2016

Summary:
·       Trial began after six years
·       Unredacted video will be shown in court although the men may not have seen it despite court orders
·       The judge has not ruled on "justification" - whether the men will be allowed to say why they took the action they did.
·       Jury selected and, with alternates, includes nine women and five men, including three women of color

·       Duane Peters retained attorney Michael Wiseman (Carrington Keys' stand-by attorney) to represent him


After nearly six years – the incident took place on April 29, 2010 – the long-delayed trial of the three remaining "Dallas 6" began on Monday, April 4.  The day began with a press conference on the steps of the courthouse where mother of Dallas 6 member Carrington Keys spoke about the trial starting on the anniversary of the assassination of MLK.  Supporters raised that the court had already dismissed these ridiculous riot charges once, but were only brought again by then attorney Lisa Gelb who was running for judge.  Now Judge Gelb is presiding over the case.

About 15 supporters attended the start of the trial, a multi-racial group drawn mainly from the families, a women's group (Global Women's Strike), the religious community (members of Mishkan Shalom and Germantown Friends Meeting in Philadelphia), and Payday men's network. Most of the day was spent on jury selection, behind closed doors – no one was allowed in the courtroom presumably because of lack of space. But the day began with the men – Carrington Keys, Duane Peters, and Andre Jacobs – raising questions about why none of them got the same version of the cell extraction videos, and Judge Gelb laying out what would be allowed to raise to the jury and responding to the defendants' witness lists.

The men raised with the judge again that they have never received the original, unredacted videos of their cell extractions -- the beatings by guards for which they are accused of "rioting". They were only able to see the video once, and each of them saw different versions. This is a violation of their right to evidence and amounts to tampering with and hiding evidence. How can they adequately prepare their defense without having the original videos? The judge said that she had ordered the DA to send them the original videos and they told her they had. The DA and the judge said, outrageously, that "they have no control over the DOC (Department of Corrections)" – a bad precedent, which the men challenged. However, the judge said that all the original videos would be shown during the trial. Andre Jacobs also asked for a paper trail of who, when, and how the videos were redacted. The DA revealed the name of the attorney who ordered the redaction (Hogan) and the detective who did it – Charles Ballow (sp?).  They may be called as witnesses.

On the witnesses, those who were present at Dallas prison during the incident were accepted. Several character witnesses that Duane Peters requested were struck down because they were not at Dallas at the time, even though they could speak to the reasons Duane was sent to solitary at Dallas in the first place. The judge would not serve any subpoenas on behalf of the men – particularly those related to Carrington's criminal complaint, such as Superintendent Mooney – but said they can subpoena them now.

Tuesday began with opening statements. Carrington and Andre are representing themselves, while Attorney Michael Wiseman is now representing Duane. The trial is expected to last a week. Stay tuned for a report from Tuesday's hearing, which went very well!  TV coverage can be found here.

ANYONE WHO CAN ATTEND THE TRIAL ANY DAY THIS WEEK, PLEASE CONTACT US! 
WE URGENTLY NEED AS MANY SUPPORTERS AS POSSIBLE TO BE PRESENT IN THE COURTROOM.

Now is the time to help these brave prisoner whistleblowers win a major victory for prisoners across Pennsylvania and across the US!

Please do the check-in if you want to come or contact by email or phone. Rooms are available in the area.  

If you cannot attend, PLEASE, do the call-in/fax-in.  http://tinyurl.com/dallas6letter




  

Monday 3 November 2014

UPDATES


CLICK FOR MARCH FOR FREEDOM ON MARCH 18

PACK THE COURT

APRIL 4, 2016 @ 9am

Judge Lesa Gelb
Luzerne County Courthouse
200 N. River Street
Wilkes-Barre,  PA  18701

Press Conference/Rally to begin promptly at 8:30



CLICK LINKS BELOW TO LISTEN TO STATEMENTS FROM
DALLAS 6 PEACE & JUSTICE RALLY IN HONOR OF MLK BIRTHDAY

CARRINGTON KEYS
DUANE PETERS

SEE  PREVIOUS COURT REPORT HERE








Wednesday 15 October 2014


After more than 10 years in solitary confinement and enduring many years of torture and abuse, Mr. Duane Peters has maxed out of solitary on 10/14/14 and will be released into general population.  

Monday 21 April 2014

After almost a year of going back and forth with the court, who in my opinion, was using incompetence as a retaliation and to hold up the case. Duane Peters has been found competent to stand trial on November 10, 2014.  




Wednesday 5 March 2014

 UPDATE ON ANDRE JACOBS CIVIL TRIAL
Even though both of the defendants told different stories, the defendant being caught in more than a few lies,  and the co-defendant admitting that Andre was pushed and held up against a wall, the jury decided in favor of the defendants in about 2 hours.  Not very happy, but all we can do is keep on keeping on and fighting!  In the words of Maya Angelou:

"You may encounter many defeats but you must not be defeated."


DALLAS 6 WILL HAVE JUSTICE IN THE COURTS ON MAY 5TH!!!

Tune in to the Dallas 6 Radio Show

Every Thursday night from 9:30-10:30 pm

on Blogtalkradio.com

Dallas 6: Peaceful Protesters Charged with Riot in Solitary Confinement

Most Listened to
January 2, 2014 Radio Show 

CLICK THIS LINK TO LISTEN TO ARCHIVED SHOWS
Andre Jacobs Court Update

Today is the last witness, closing statements  and then jury deliberation.  Court starts at 10:30 at the U.S. Courthouse U.S. Courthouse, 700 Grant Street, Pittsburgh, PA 15219. 

Andre Jacobs, one of the Dallas 6, is in court this week for a civil case against US Marshalls and Allegheny County.  On March 3, of 2005, Andre was in court for another civil matter.  There was retaliation going on such as his witnesses not receiving meals, confiscation of his eyeglasses and racist slurs just to name a few.  On a trip to the holding cells for a morning recess, Andre was pushed into the elevator then pushed into the back wall, then choked until the door opened on the third floor to let a passenger on.  When the door opened, standing there was a court employee.  She says the door was opened for about 10-15 seconds and that Andre was screaming for help. Yet, this court employee, even though it was protocol and her duty, did not report the incident to anyone because she felt he did not need any help.  It’s real simple, she didn’t report it because it was marshals with whom she works with every day, and because who cares if someone’s abusing a prisoner.  Isn’t that what they deserve?  I guess she thought no one would find her and subpoena her to court. 

Apparently, he was escorted by two individuals one a federal marshal, one a ACJ guard who escorted with the marshals as a part-time job.  The federal marshal was the one who actually put his hands on Andre and the ACJ guard is the one who did not intervene.  According to the ACJ guard, the marshal pushed Andre into the elevator because he was refusing to go in.  Then once he got him in the elevator, he pushed him up against the wall and held him there from the 9th to the 2nd floor.  He did not see him choking or even remember stopping on the 3rd floor.  According to the marshal, nothing whatsoever happened.  It was a normal escort.  The marshal was very cocky and you could tell if you got out of line with him, he would put his hands on you.  He got caught in several lies on the stand and just dismissed them by being even cockier.  (Typical of guards who abuse people and almost always get away with it.)

Anyway, there was an expert witness who described various uses of force and explained scenarios and what would and would not be considered use of excessive force.  Choking a prisoner is excessive force, Pushing a prisoner is excessive force.  According to the witness, when another guard is present during use of excessive force, he should intervene and not look the other way.  When’s the last time you ever heard of that happening?

Saturday 1 February 2014

DALLAS 6 TRIAL UPDATE



 


 The case has been postponed to May....but of course! On January 21, we went in for Judge Gelb to deny the rest of the pretrial motions as she has not acknowledged any of the case law pertaining to the motions or given any case law in defense of her denials to date. The air in the courtroom was as usual one of disrespect and intimidation. Guards hawk-eyed us from the moment we got in the courtroom, watched every move and every word we said. We had a guard come stand at the end of our row with her hands in a intimidating way (fist in palm). I think they still think its slavery days in that county. She also bumped into one of the supporters and then grimaced at her. But at the same time they were watching us we were writing notes on their every move and staring right back. 

WE SHALL NOT BE MOVED!  

We will not be intimidated and corrupt Luzerne "kids for cash" county SHOULD  not continue to think they are going to get away with maliciously prosecuting these men. The men held their own under the duress of being handcuffed throughout and unable to handle their paperwork which is illegal. They cited case law after case law which the judge did not acknowledge or consider!!! They were yelled at to sit down like they were animals if they stood to address the judge which is what you normally do when you address the court. But its quite clear a black man can't stand up or speak for himself without it being regarded as disrespect! 

As one of the supporters Karen Lee state "The judge was grossly inept, biased and shredded the constitution like it was confetti. In this hearing, the Dred Scott decision was acutely evident whereby black men had no rights that whites had to respect. " One thing for sure! We shall not be moved and Luzerne County is going to remember who they f-----d with when we get done. We will continue to build support and we will continue to do everything we can to SHUT THIS DOWN!!!

Friday 10 January 2014

 JUSTICE FOR THE DALLAS 6
PACK THE COURTROOM
January 21, 2014
1:00 pm
Luzerne County Courthouse
200 N. River St
Wilkes-Barre, PA 18711
Judge Lisa Gelb

In April 2010, at SCI Dallas (PA), after a series of abuses at the hands of corrections officials, 6 prisoners housed in the solitary confinement unit decided they had enough and decided to stage a protest in response to the inhumane conditions and mistreatment of prisoners. Each prisoner involved in the protest is now collectively referred to as the Dallas 5.    They are Andre Jacobs, Carrington Keys, Anthony Locke, Duane Peters and Derrick Stanley. They peacefully covered their cell windows and barricaded their doors to protect themselves from harm after guards began beating prisoners one by one. They asked for an outside official to come into the prison and mediate between the inmates and guards, who were abusing prisoners.  Instead of receiving this mediation by an outside official, guards attacked the Dallas 5 with pepper spray, Tasers, and their fists.

For peacefully demonstrating for an end to human rights abuses, these men suffered retaliation and criminal charges of riot.   Contrary to the charges, these men did not incite riot. They did not cause or create riot!  They had no ability to do so within a single cell solitary confinement unit!  These same men contributed to the Human Rights Coalition report which detailed ongoing abuses and human rights violations within the dungeons of this state and especially at SCI Dallas.  These charges are inappropriate; non-violent protests are always handled through internal Pennsylvania Department of Corrections disciplinary actions not criminal court.

As revealed in the Human Rights Coalition report and before the House of Representatives, there has long been a policy within the prison walls of Dallas and the Pennsylvania Department of Corrections (DOC) to operate a corrupt administration under an iron wall of silence.   Under this code of silence, SCI Dallas, PA DOC, District Attorney’s Office, Attorney General’s Office as well as the Pennsylvania State Police operates in participation and conjunction with one another to cover up crimes and misconduct by overlooking video footage of officers, the real criminals, committing human rights violations.   The guards should be on trial and not the Dallas 5.