February 25, 2009
Shortly after 4pm today, (we had been locked down AGAIN for awhile due to Manzanita unit being short staffed, or so I heard a guard say) the COII in my housing unit told me that I needed to immediately report to Deputy Warden Aguilar's Office in the administration building. "What for?" I asked. "Because he wants to talk to you," the guard explained. "I want to bring a witness because of how it'll look," I responded. "No. He wants to talk to only you," he replied.
In prison, it's an unwritten code that you don't have private meetings or conversations with "The Man", so as it doesn't get misunderstood as "snitching". Thus, my wanting to bring a witness.
"You call and tell him I have nothing to say to him and won't talk to him if I can't bring a witness," I informed the now frustrated COII. He called and I was allowed to bring my witness. Tony.
As I arrived at the gate to the admin. building, I was met by COII Salazar (The unit's internal investigations officer "S.S.U."). Sgt. Brown, who had been sitting at a table next to the admin gate, told Tony to go back to the housing unit. Tony, not wanting trouble, left me and went back.
For a brief moment, I tried to oppose the private meeting, but concluded it was a pointless resistance. I was going to attend the meeting or end up in the hole. I followed COII Salazar into the admin. building and into an office. Deputy Warden Aguilar's office.
Deputy Warden Aguilar was recently transferred from Cimmeron unit to Manzanita, after a brutal murder and other violent inmate outbursts occurred on Cimmeron.
Inside Aguilar's office was Aguilar, Sgt. Abelowitz (the unit SSU Sgt, COII Salazar's supervisor and the former Disciplinary Coordinator), COII Salazar and me. Yeah, it felt a bit intimidating but I remained calm, composed and polite.
I immediately raised my objection to being called out to a private meeting, but my point was missed by all. Lucky for me, I have a good reputation and rapport with my fellow orangemen for minding my own and not involving myself in the nonsense that many here do daily.
I'm not sure what the purpose of the dejection-style inquisition was, but I'm certain it centered around this blog site.
D.W. Aguilar asked most of the questions, copies of my most recent entries in his hands, which mainly focused on whether I had "direct" internet access; how I was able to post; who and where I got my facts from; whether I was the author of the posts; and why I was posting. He was professional, composed and seemed impartial.
However, Sgt. Abelowitz seemed to take my writing a bit more personal. Despite his questions focusing mainly on the same questions as D.W. Aguilars, he made a point in asking whether I write anything positive about "The Department" and its staff and the positive things they do. I sensed he felt that they are portrayed as incompetent, unprofessional, rednecks who beat helpless prisoners. Like they're always getting a bum rap.
COII Salazar didn't really have much to say or ask, and if not for his presence between me and the office door, I'd likely have forgotten he was there.
I'm not sure what was accomplished for ADOC through this inquiry or for whomever initiated this, but it was certainly an informative and positive sign for me.
D.W. Aguilar shows excellent signs that he's willing to personally get involved in what's going on on Manzanita unit; isn't afraid to open a dialog with his staff and the orangemen and seems fair.
COII Salazar has never done me wrong in any manner, although I've rarely spoken to him other than mutual greetings while passing. He's always been polite, professional and fair in what I've heard and seen of him.
Sgt. Abelowitz...well...I haven't "personally" had contact with him, so I'm undecided on my opinion of him but I welcome him and "The Department" to show me the "positive" things. I will very much enjoy sharing them, just as I have on occassion when I've experienced, seen or heard about them for the past few years.
If nothing more, three or more of "The Departments" employees know that there are intelligent orangemen with something to say, the ability/skill to say it and who won't allow their First Amendment RIGHT guaranteed by the U.S. Constitution to be infringed upon.
For prisoners, the standard of review in First Amendment violations of Free Speech is whether a "legitimate penological interest" exists to warrant censorship.
Turner v. Safely, 482 U.S. 78, 89 (1987). An "attempt to immunize oneself from public scrutiny is not a legitimate penological interest" and "criticism of government is at the very center of the constitutionally protected area of free discussion."
Johnson v. Raemisch, 557 F. Supp. 2d 964 (W.D. Wis., 2008)