[Ppnews] Alvaro Luna Hernandez - Another Bogus Case

[Political Prisoner News]

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 (7th 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 (5th 
Cir. 1982) (on long history of retaliation 
against writ writers); See also, Hernandez v. 
Estelle, 788 F. 2d 1154 (5th 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







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