Alvaro Luna Hernandez - Another Bogus Case

For those of you who haven't received the earlier "Statement" made by Alvaro last
week on Tuesday at his Disciplinary Hearing,

I have attached it again here with this Open Letter I've reproduced verbatim for the
most part; feel free to circulate or upload onto your web sites or forward it please.
Also, in conjunction with this statement and Open Letter, Alvaro asked me earlier
this month to initiate a letter campaign

to the Inter-American Commission on Human Rights (OAS) where we have
possibly the last chance for them to reconsider his petition (refer to
attached "sample letter" outline in "Word"); that you have the option to
modify any way you like to personalize it -

and read the IACHR Executive Secretary Canton's response letter also
attached. The "sample letter", Canton IACHR letter, Statement, and Open
Letter, we encourage "cut 'n pasting" and posting them all up together
if possible because of their inter-related nature and the fundamental
issues here and how the fascist works their repressive model of
segregation.


15 Feb. 2012
Hughes Nazis Prison

TO CENTRAL TEXAS ABC, ABCF, DEFENSE COMMITTEE SUPPORTERS, AND ALL FREEDOM LOVING PEOPLE OF THE WORLD, - AN OPEN LETTER

"...[W]e give this notice, so that our brothers in chains will not be alarmed when
they see us in the claws of authority; we give this notice so that no
one will be discouraged, so that all will continue onward. If we are
persecuted, we do not want discouragement to spread, but rather that
with doubled vigor all proceed with the great work undertaken until the
goal is achieved: the death of the capitalist system..."

- Ricardo Flores Magon,
Oct. 1915, murdered by
guards at Leavenworth, Kan.
Federal Prison, 1922

Although the fascist pigs extinguished his life on the earth in 1922, he will
always live in our hearts and in our memory - Brother Ricardo Flores Magon,
revolutionary anarchist, Presente!!!


I
was taken before the disciplinary "kangaroo court" yesterday, found
guilty, and relegated to 90 days of extreme deprivation conditions in
Level-3, conditions that were outlawed in March 1999 by federal judge
Justice in Ruiz v. Johnson, 37 F. Supp. 2d 855 (S.D. Tex. 1999) he described as
CONSTITUTING TORTURE.
I mailed you a Step 1 Grievance filed here on 12 Feb. 2012.
Specifically, the MENTALLY ILL are subjected to such atrocious
brutalities and inhumanities that would make HITLER'S AUSCHWITZ CAMP
look like Disneyland. These are flagrant HUMAN RIGHTS VIOLATIONS AND
CRIMES AGAINST HUMANITY that must be protested. While the racist,
hypocrite U.S. government parades around the world as the "champion of
human rights", at this very moment, it is engaged in a pattern and
practice of STATE TERRORISM AND GENOCIDE against the prisoner-class here
in this prison system. The majority of those of us in this type PROLONGED SOLITARY
CONFINEMENT ARE PEOPLE OF COLOR!


Prisoners are driven to SUICIDE and staff brutality does exist. For example, a few
weeks ago MACK YATES, TDCJ# 353752, was beaten in his segregation cell by several fascist
pigs, HE PASSED A POLYGRAPH EXAMINATION. He needs outside support to
push federal criminal civil rights charges against the pack of
rabid-hyenas who brutalized him. We need to get the United Nations
Special Rapporteur On Torture, Juan E. Mendes involved, and groups like
the project at Harvard Law School, ACLU, Center for Constitutional
Rights, etc. involved in exposing these violations.


By now you should have the other copies I send you - the false
reports, Step 1, written defense, and the attached appeal, I am filing
THE WEAPON WAS A PLANT, OR it had been there in the window ledge
for years, unbeknown to me. Fingerprint testing should point to the
person that handled the weapon - evidence of my innocence, but the
disciplinary pig Captain Segman, did not want to hear my defense. These
fascist pigs have a history of these type of criminal acts V 12 The
Special Master's Report, and the Wallace case. See Disciplinary Defense Statement.
You know that I am specially hated by these pigs going back many years.
The current Senior Warden Edward Smith knows me from Beto I Unit in
1983, and he was involved in the murder cover-up of black prisoner BARRY WAYNE
EDWARDS, Galveston, brutally beaten to death in solitary, of which I overheard as I
was in the adjoining cell that night. See Galveston Daily News;
I am the target of specially repressive measures to punish me, and to
break my will to resist, and now this. We must stir the senses of our
supporters and the masses of people domestically and internationally, to come to my
support and the support of the other fellow prisoners, who have little or no outside
support. THE PRISON SYSTEM IS THE CRIME.
but the oppressors have a mask on to conceal the true nature of this
fascist - monster that profits from the MASS INCARCERATION of the poor,
and people of color. The time for empty platitudes and other
"sloganeering" is over. We must stir the masses to direct action against
this criminal enterprise that feeds the needs of a capitalist system
that is criminal in nature, and must prey on the poor, the defenseless,
the voiceless in order to maintain its control over our lives. I am
doing my part - resisting these fascist crimes, and trying to engage
other prisoners in self-analysis, and to build a inside force of
resistance through the raising of REVOLUTIONARY CONSCIOUSNESS. I have
never, and will never fear fascism and will confront these war criminals
in all areas of struggle. I have nothing to lose but my chains, and
perhaps, through my own experiences and example it plants the seeds of
resistance against fascism!


I am in TRENCHES OF HELL HERE ON EARTH! Surely, these real stories
will compel others, and stir them to support and action, or they have
become so indifferent and apolitical and robbed of their humanism
and compassion as to be vegetables in a garden, or numb by the
technologies of fascist capitalism! We must bring them back to their
senses, to their humanity, and as Comrade George once said, THEIR LOVE
FOR REVOLUTION!

Protests to the Warden here, and to Gilbert Campuzano in Austin must
take place, calling for the case to be overturned and I be reinstated
to Level 1 immediately. I got your letter of 2-8-12, and will address
those specific issues in a separate letter.

Get copies of this to Max, Kamama, and LA Jericho, Harvard Law
School, etc. We must unite to protest these inhumanities. Take Care
Later,

En Solidaridad,
Alvaro Luna Hernandez
#255735, Hughes Unit,
Gatesville, Texas

For call & letters:
Regional Director Gilbert Campuzano,
TDCJ Region VI Director's Office,
4616 West Howard Lane,
Suite-200,
Austin, Texas 78728
(512) 671-2575 (FAX) (512) 671-2579

Senior Warden Edward Smith,
TDCJ-CID Alfred D. Hughes,
Route-2, Box 4400,
Gatesville, Texas 76597
(254) 865-6663
(Alvaro's address is the same as the warden's)

John S. Dolley Jr. ("Twitch")
Central Coordinator,
Committee to Free Alvaro Luna Hernandez,
P.O. Box 7187,
Austin, Texas 78713

****************************************************************************

DISCIPLINARY HEARING RECORD

(Possession of Weapon – Metal Rod)

In my defense to the charge of possession of weapon, I, ALVARO LUNA HERNANDEZ, TDCJ-CID#255735, submit the following statements:

1. I am not guilty of this charge. At no time did I have any idea that a weapon was in the window in the back of my cell.

2. According to the officer who discovered the weapon, he stated the weapon was “on the window ledge, in plain view.” See Officer’s Report, Feb. 7, 2012;

3. I am not a psych patient nor a stupid person to have a dangerous weapon out in the open, on the window ledge. I am a rational smart person to know better than that and the legal consequences. Plus, my disciplinary record on this unit shows I have never assaulted anyone, staff or inmate, in 12 Bldg. Administrative Segregation; in fact, I have not had a major disciplinary charge for over 5 years now. See #255735, Disciplinary Record;

4. The Weapon – A 5 ½” inch metal rod sharpened to a point, according to the report – should have fingerprints belonging to the person, or persons, that handled the weapon. Fingerprint analysis should point directly to the person in actual care, custody or control of the weapon. My fingerprints should not be anywhere on that weapon, demonstrating my actual innocence. I hereby request a delay of this hearing and a request that the weapon be submitted for FORENSIC FINGERPRINT TESTING to determine whose prints are on the weapon – evidence of a exculpatory nature for my defense, evidence this committee must preserve, disclose and consider in any subsequent decision on guilt or innocence. The Brady rule requiring prosecution to disclose all evidence including expert testing that may contain exculpatory evidence applies to prison disciplinary cases: See: Chavis v. Rowe, 643 F. 2d 1281, 1285-86 (7^th Cir. 1981), cert. denied, sub nom, Boles v. Chavis, 102 S. Ct. 415 (1981); See also, Section VI, B. (7), TDCJ Disciplinary Rules (on submission of non-frivolous evidence that would contradict the facts in Disciplinary Report);

5. Because of my long history of outspokenness an activism against the prison system, I have been the target of harassment and “witch hunts.” For example, on 22 January 2012, this administration ordered Officer Dobbyns (black female) and Officer Cockrell to search my cell. I was the only prisoner targeted and searched. Plus, many times prior to 7 Feb. 2012, officers have entered my cell in 12 B59 for “routine cell searches” or to collect law book folders while I was out in my recreation period outside of my cell. It was accessible for any prison guard to enter my cell and PLANT A WEAPON IN THE OPEN ON THE WINDOW LEDGE for future discovery. It has been a common history of Texas prison guards to plant weapons on prisoners as retaliation, as reported in the Ruiz Special Master’s Report, 1983, on the planting of weapon in personal property of Ruiz activist prisoner MICHAEL SCHNEIDER, Ramsey I Unit, to then justify punishments; and in United States v. Wallace, 673 F. Supp. 205 (S.O. Tex. 1987), Texas prison officials and guards planted a weapon on inmate FRANK CERVANTES to justify the use of excessive force, then conspired to fabricate evidence at disciplinary hearing, all constituting a Federal Criminal Civil Rights Crime under Title 18 U.S.C. Sections 241 (conspiring to deprive) and 242 (deprivation of civil rights); See also, Ruiz v. Estelle, 503 F. Supp. 1265 (S.D. Texas 1980), 679 F. 2d 1115 (5^th Cir. 1982) (on long history of retaliation against writ writers); See also, Hernandez v. Estelle, 788 F. 2d 1154 (5^th Cir. 1989) (my own case litigation);

6. ALTERNATIVELY, the rain water (that comes in through window cracks), could have flushed out the weapon, who could have been there for many years, unbeknown to me, or my cleaning the window with hot water and soap flushed it out onto the ledge, me having no idea it was there, constituting awkward circumstances; and innocent conduct on my part.

Finally, I request the following records-witnesses, (A) the charging Officer Roper that did the search/discovery on 7 Feb. 2012, 12 B59 Cell; (B) Officers Dobbyns and Cockrell on the nature of their search mission on 22 Jan. 2012, B59, (C) Law Library Venesa Rogers to show her collection of legal materials from Cell B59, when I was not in cell; (D) the daily roster logging cell searches in B59 from 1 Jan. 2012, to 7 Feb. 2012, and name of guards who searched cell; (E) Senior Warden Edward Smith, Hughes, to show my long history and on-going legal-political activism and my Ruiz case plaintiff status going back many years to date. (F) copies of I-60 requests from confidential informants on other persons accusing me of possessing contraband, weapons, or allegedly involved in other crimes, or other extortion schemes, and the results of those internal investigations, including the confiscation of all my property for search by Sgt. Harmon, STG Office while I was assigned to 12 D-pod, 6 cell, in my file; (H) Sgt. (Lt.) Harmon, STG Office, Hughes, as witnesses;

Respectfully Submitted

____________________________________

ALVARO LUNA HERNANDEZ

TDCJ-CID# 255735,

12 Bldg; F-Pod 74 Cell

13 Feb. 2012

Cc: Senior Warden E. Smith

Hughes Unit

-Senator John Whitmire

Capitol, Austin, Texas

-Federal Criminal/Civil Rights Division

San Antonio, Texas

-Defense Committee Supporters