Elaine Brown Online

Free Little B!

MICHAEL LEWIS ("LITTLE B") HAS BECOME A POLITICAL PRISONER!

SINCE OCTOBER 2011, HE HAS BEEN ISOLATED IN A VIRTUAL TORTURE CHAMBER FOR SUSPICION OF BEING AN ORGANIZER OF THE MASSIVE, 2010 GEORGIA PRISONER STRIKE!

HE IS NOW BEING HELD AT JACKSON STATE PRISON

(where Troy Davis was murdered by the State)

 Sign and Share the Petition to the Commissioner

CONTACT JACKSON PRISON WARDEN HUMPHREY

and DEMAND MICHAEL BE RELEASED FROM ISOLATION IMMEDIATELY: 770-504-2001

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SEND MICHAEL a POSTCARD…

Tell him you know what the State is doing to him

You support him.

The People support him.

Power to the People!

 

 

Michael Lewis (GDC #950785)

Jackson State Prison

P.O. Box 3877

Jackson, Georgia  30233

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SEND A CONTRIBUTION to MICHAEL’S LEGAL DEFENSE, PAYABLE TO:



Michael Lewis Legal Defense Committee


c/o Elaine Brown

484 Lake Park Avenue, No. 407

Oakland, California  94610

________________________________________________________________________________________

 Attorney Patrice Fulcher recently visited Michael and bore witness to the tortuous conditions under which he is being forced to live. Her letter demands Warden Carl Humphrey, Georgia's "high-max" Jackson State Prison--where Troy Davis was murdered, cease and desist from imposing these barbaric conditions. Attorney Cynthia Harrison continues to pursue Michael's habeas corpus appeal, pro bono.

Attorney Patrice Fulcher recently visited Michael and bore witness to the tortuous conditions under which he is being forced to live. Her letter demands Warden Carl Humphrey, Georgia's "high-max" Jackson State Prison--where Troy Davis was murdered, cease and desist from imposing these barbaric conditions. Attorney Cynthia Harrison continues to pursue Michael's habeas corpus appeal, pro bono.

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January 22, 2012

Warden Carl Humphrey
Georgia Diagnostic & Classification Prison
P.O. Box 3877
Jackson, GA  30233

Inhumane treatment of Michael Lewis, GDIC ID#:  0000950785
Due to the Conditions at GDC’s High-Max Facility

Dear Warden Humphrey:

We are writing to stop the inhumane and unconstitutional treatment of Mr. Michael Lewis, GDIC ID#:  0000950785, currently housed at GDC’s High-Max Facility in administrative segregation.

We request that Mr. Lewis be immediately move from the High-Max Facility and placed in general population where he belongs.  Mr. Lewis entered the prison from a security level of “medium” and nothing has occurred to justify the upgrade of his status.

Mr. Lewis has been housed in isolation at GDC’s High Max Facility since October 24, 2012.  Mr. Lewis has not had any altercations to warrant such confinement and the only information that has been conveyed to him from the Warden’s office is as follows: 1) Michael has been placed in the High-Max Facility at the orders of Commissioner Brian Owens; 2) Michael is under investigation; and 3) Michael is being held for an indefinite period of time. 

Consequently, Mr. Lewis’ treatment and confinement in the High-Max facility is a violation of the GDC’s Standard Operating Procedures because no violation occurred prior to his isolation, Mr. Lewis was never given notice of a change in his status to warrant such treatment, no hearing has taken place to determine whether this treatment is necessary, Mr. Lewis nor his attorney has received anything in writing outlining the reason for his administrative segregation, and Mr. Lewis has not received a periodic review of segregation.

Rule 125-3-1-.03(5)(a), Administrative Segregation of the Standard Operating Procedures and Rules of the Board of Corrections clearly states:

“(5) The following conditions must be met prior to an inmate's being placed in Administrative Segregation for any of the reasons set forth in paragraph (1):

(a) An inmate may be assigned for an indefinite period when so authorized in writing by the Warden/Superintendent. Such assignment must be fully documented as to necessity. The documentation shall also identify the date on which the initial hearing referred to in paragraph (4) above occurred, and shall identify the facts offered in rebuttal at the hearing by the inmate and by the inmate's witnesses. A copy of all documentation for the assignment shall be forwarded to the Commissioner of Corrections within fifteen (15) days of imposition. Review of each case shall be made by the Warden/Superintendent at least once every thirty (30) days."

Moreover, subsection (4) says:

“(4) Subsequent to an involuntary assignment of an inmate to Administrative Segregation, the Warden/Superintendent or his designated representative shall hold a formal hearing within ninety-six (96) hours after the inmate is placed in Administrative Segregation.

(a) The inmate will be advised in writing of the reason(s) why he (she) is being placed in Administrative Segregation at least twenty-four (24) hours before the initial Administrative Segregation Hearing.

(b) For the initial Administrative Segregation Hearing the inmate may request that an employee who is on active duty and willing to represent the inmate be the inmate's advocate at this initial Administrative Segregation Hearing.

(c) At the initial Administrative Segregation Hearing, the inmate may request that witnesses be called on his (her) behalf and the Classification Committee will have the discretion to call these witnesses.”

Furthermore, Standard Operating Procedure IIB09-0001 requires that the prison complete an assignment memo outlining the reasons for an inmate’s initial placement in administrative segregation; documented findings of the hearing held after assignment, including the inmate’s statements at the hearing, and the warden’s subsequent actions. 

Mr. Lewis has not been afforded any of the above-mentioned procedural rights as outlined by the Standard Operating Procedures and Rules of the Board of Corrections.  Thus, his continued isolation not only violates your procedures, but also is also illegal.  Under Hewitt v. Helms, 459 U.S. 460, 477, “administrative segregation may not be used as a pretext for indefinite confinement of an inmate. . . .some sort of periodic review” is required to determine if continued segregation is warranted.

Since Michael has been placed in the High-Max Facility, he subjected to horrendous living conditions that include, but are not limited to the following: 

·       Denied access to the library, all legal materials, any and all books, paper, and write utensils, thereby denying him access to the courts;

·       Denied all contact with the outside (no mail, no phone calls, no visits) except for non-contact attorney visits

·       Denied access to money on his books

·       Denied exercise-he has not been outside since his arrival to Jackson and was specifically told that he could “exercise in his cell”

·       Sensory depravation-the window to his cell has been painted black

·       Denied clothing -Mr. Lewis’ clothes were removed, so he has been forced to live without underwear, socks or shoes.  He has a paper gown and paper shoes

·       Denied regular showers

·       Denied the right to request visits with the counselor

·       Denied human living conditions- the air conditioner remains on although it is winter and he has a mattress, one blanket, and a paper gown.

The above-mentioned living conditions are in direction violation with GDC’s Standard Operating Procedures, the Georgia Constitution, the Constitution to the United States of America, as well as the United Nations Rapporteur on Torture on the practice of prolonged solitary confinement.

Therefore, we request the immediate transfer of Mr. Michael Lewis out of the High-Max custody unit, that he be given underwear, clothing, socks, shoes, and all other garments that inmates are regularly issued; that all of his personal property, including, but not limited to his books, mail, writing materials, and legal materials be returned to him, that any and all correspondence that has been mailed to him since his arrival at GDC be given to him immediately; that he be allowed accessed to the courts such that he be provided paper, writing utensils, envelopes, stamps, and access to the law library; that he have access to any and all money that has been placed on his books; that he be allowed regular attorney visits as well as general visitation privileges; that his status be returned to medium; and that he not be subjected to any further cruel and inhumane treatment while housed at any facility under the supervision of the GDC.

We are greatly concerned that Mr. Lewis will suffer retaliation for this request, so we also request that he not be arbitrarily transferred to another facility far removed from access of his legal counsel and that his attorneys as well as any persons assisting his legal team be allowed to see him at any time during the proscribed visitation hours at the GDC.

We look forward to this matter being rectified immediately.

Sincerely,

Cynthia Wright Harrison
Attorney at Law

Patrice A. Fulcher
Attorney at Law

Cc:      Brain Owens, GDC Commissioner

            Attorney Robert E. Jones, GDC General Counsel and Director of Legal Services

            Tommy M. Rouse, Chairman Board of Corrections

            Randy Tillman, Facilities Operations Director

            Michael Nail, Corrections Division Director

            Sara Totonchi, Director Southern Center for Human Rights

            Debbie Seagraves, Director of the Georgia ACLU

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