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Day 36

Friday, March 10, 2000

Well, my first full day in the hole. Not so bad, all things considered. A familiar face was brought in, filling the only vacant bunk. The face was Edgar, a twenty year old of Latin American descent woh was in the same dorm as me at the CWC beform they brought me here.

First thing this morning, before they even started first shift, they brought me down to see my councelor, when I asked about my appeal process on this whole "hole" ordeal. It seems I was told wrong. There is no "form" to fill out. I simply write an appeal on paper.

Here's the deal on the appeal. I have five days to appeal. Half of that is already wasted since it was nearly two days after the hearing that I heard anything. Then they moved me here to the hole. The guard at the CWC told me I could get an appeal form once I got to HD2. I got to HD2 and asked the guards. They told me I had to speak with a councelor. She told me to write it and give it to a guard.

You can understand my lack of confidence in giving my appeal to the guard. Something tells me it will never make it to the right place. I'm handwriting multiple copies of the appeal so I can give one to the guard, one to the councelor, and if I can get the address, I'll mail one to the Sheriff himself. Maybe I'll send a copy to the local TV news stations as well.

Here's what I wrote to the board:

Appeal to Davidson County Sheriff's Office Disciplinary

Hearing


Name, Rank, and Serial Number Goes Here

I was found guilty of Out of Place, Violation of Work Release #4, and Gambling.

I wish to appeal the verdict of both Out of Place as well as Violation of Work Release Rule #4. I was found guilty for catching my ride at the Waffle House near the CWC. That place is along the direct path of my way to work. This is where my ride to work chose to pick me up in the mornings. There was a reason for this location. It was selected so my driver could pick me up without having to cross on coming traffic, therefore making it quicker to pick me up. Also, it was very cold some of the mornings. I went to work at 7:30 AM and being inside a structure allowed me to be out of the weather.

For these reasons, I feel the verdicts of GUILTY be reversed to NOT GUILTY, and my sentence be reduced accordingly.

Furthermore, whether or not you agree with my reasoning, there's no reason I should be punished for both. Work Release Rule #4 is going directly to work from the CWC. If I'm not mistaken, that means the same thing as OUT OF PLACE. So somebody is trying to give me double punishment for the same alleged infraction, which I don't feel I'm guilty of in the first place.

Finally, theres the matter of the sentence I received. According to the DCSO Inmate Handbook, the penalty range for my charges are as follows:

  1. Gambling- Verbal to 15 days
  2. Out of Place- Verbal to ? (the book doesn't say)
  3. Other- 5 to 30

Considering these penalty ranges, I don't understand why I received 20 days in the hole. Is this a normal sentence for an inmate who was a "model inmate" up to this point? I was never late coming back from work, I obeyed the lock down times, everything. I did what I was told when I was told and never asked why. Now I'm asking why I was given twenty days in the hole, knowing I had only twenty days remaining in my sentence.

I hope this appeal finds its way into the right hands in the right hands within the allowed five (5) working days. If not, let me add that my hearing was on 3/7/00. I wasn't notified of the verdict until after 2200 hrs on 3/8. On 3.9 I was moved to HD@, and before leaving the CWC I asked the Pod Officer on duty about my appeal. He told me I could appeal via an "appeal form" that I could get from my councelor at HD2. Upon seeing my councelor on the morning of 3/10, I was told to write out my appeal and give it to a guard.

I appreciate your time and attention in this matter, and I look forward to receiveing my written copy of the decision as is stated on p. 12 of the DCSO Inmate Handbook.

Thank You,

Signature

Name/R/S#


Hopefully that'll make sense to someone and they'll let me out of here. If not, I'm screwed. I will remain in this hole for twenty days.

Another thing, we're supposed to get out of here an hour a day for exercise. If nothing else, just time to walk around the commons area outside. I've been in this 17 X 13 foot cell for 33 straight hours with four other men. It gets REALLY hot in here, especially at night when they turn on the heat. The others say they haven't been out of here in six days. Even murderers in a maximum security prison get an hour of rec time a day. I know this is supposed to be a punishment, but even then there has to be limits.

Most of the day I slept. The light was turned off and the others were sleeping, so I left the light off and slept myself. I showered, which made me feel better, and listened as the conversations changed from one topic to another and back again.

After the guards locked everybody else down, we did the exercise thing and called it a night.


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