CONTENTS AUGUST 11, 2000
Click. IT'S ILETS, STUPID. Why you can't hide from the spy in your server.
Click. AS MONTANA BURNS TO ASH, A BIG RUSSIAN WATER BOMBER IS REJECTED BY THE EMBATTLED FOREST SERVICE. Why? Spiritual Piglet throws out a clue.
Click. "A Crazy Man Just Smiled At Me." Real life in the Florida Big House.
Click. HOLDOUT JUROR ACQUITTED OF WRONGDOING.
Big Russian Waterbomber Refused by Embattled U.S. Forest Service
By Neville Judd
BOISE, Idaho, August 8, 2000 (ENS) - Faced with some of the worst forest fires in United States history, why would those in charge of fighting the fires not want the best waterbombers in their arsenal? That is the question Tom Robinson has yet to have answered by anyone in the seven firefighting agencies in three U.S. state departments represented at the National Interagency Fire Center in Boise, Idaho.
GER wants the chance to prove the worth of the cargo and personnel carrier as a waterbomber in order to bid for firefighting contracts with the U.S. Forest Service (USFS), part of the Agriculture Department. That is why the consortium is offering the Russian owned planes at cost, asking only that fuel and accommodation costs be reimbursed.
"It's a freebie," said Robinson. "Two Il-76 waterbombers are standing by in Moscow, ready for immediate deployment to the U.S., as soon as an official request is received."
It is not the first time, GER's offers of help have been turned down by the USFS, said Robinson.
The Il-76 carries more than three times the amount of fire retardant in gallons than the biggest plane listed in the USFS's air tanker fleet. It has extinguished forest fires in Greece and Turkey in the last two years, and received positive feedback from the USFS during a demonstration in the United Kingdom as long ago as 1994.
Without answers though, Robinson has formed his own conclusions about the Forest Service's reluctance to accept GER's help.
"It boils down to protectionism, traditionalism and liability," said Robinson. "The USFS refuses to use foreign assets to fight its wildfires. It would prefer to rely on its helicopters and World War II vintage aircraft with a fraction of the carrying capacity."
A fire deliberately set in May to clear brush near the Los Alamos National Laboratory burned out of control for over a week, scorching a large portion of the grounds of the nation's largest nuclear weapons research facility. Environmental testing of nuclear weapons systems takes place there, and the area is the home of the new Weapons Engineering Tritium Facility which develops and tests high explosives, plastics and adhesives.
"The issue highlights the mismanagement in the USFS and its lack of leadership. Now we have firefighters getting hurt and killed and barely trained soldiers trying to contain these fires," Robinson said.
A crew member who died in a helicopter crash during a fire in northeastern Nevada last Friday was buried today.
Jeremy Anderson, special assistant to Forest Service Chief Mike Dombeck, denied the USFS is being petty about who it accepts help from.
"I'm aware of the Il-76 but I understand it needs bigger bases to land in, more fuel and logistical support that we don't have when resources are in such tight supply," said Anderson.
"Our first concern is firefighter safety and without clear operating guidelines this plane raises certain safety issues. Given the nature and the danger of what firefighters are facing, it's tough to take people off fires and on to new types of equipment."
Anderson said GER's offer would be better made during December and January, not during wildfire season. When ENS pointed out the offer to use the Il-76 had been made before, most notably for a forest fire that destroyed 500,000 acres of Florida forest in 1998, Anderson repeated that the offer came during the fire.
He did not rule out the Ilyushin's use in future fires. "There are folks interested in talking to Mr. Robinson," he said.
Anderson said protectionism has nothing to do with the issue. "Look at the faces of our firefighters on TV. We are trying everything we can to put these fires out."
Several geographic areas are experiencing major incidents "which have the potential to exhaust all agency fire resources," the Interagency Fire Center said today. The fires are costing $11.6 million a day to fight, the Center says.
Last week, one forest agency did look beyond its borders for help. The California Forestry Department contracted a 1940s Martin Mars tanker from Canada to fight its wildfires.
President Bill Clinton traveled to Idaho's Payette National Forest today to survey efforts to combat the Burgdorf Junction fire, one of 66 blazes currently burning in 11 states. This 24,951 acre fire is burning 23 miles north of McCall, Idaho. A battalion of U.S. Army soldiers from Fort Hood, Texas is among the 1,253 people working on this fire. It is considered 42 percent contained.
The President announced the release of $150 million in emergency funds to the Agriculture Department for firefighting efforts. The Federal Emergency Management Agency has authorized federal funds for fighting fires in Montana, Wyoming and Nevada this week.
USFS figures show 4,115,937 acres burned this year to date, including 68,236 acres Monday - almost double the 10 year average.
Robinson is now trying to bypass the USFS and is talking directly to the Defense Department about using the Il-76 to protect military bases threatened by the wild fires. "Maybe then the public will see how effective this plane is," he says hopefully.
In the Netherlands, the Dutch security service BVD admitted two weeks ago that it has been collecting emails sent abroad by companies. In the Hague, laws are being prepared to allow the Justice Ministry to tap into email and subscriber records, scan messages and mobile phone calls, and track users' movements.
The Australian government has passed laws allowing security agents to attack and modify computers secretly to obtain information. Many other governments have similar schemes in the pipeline.
These developments are no coincidence but the direct result of secret planning over seven years by an international co-ordinating group set up by the FBI, after Congress twice refused to extend its telephone tapping powers for digital networks. Under the innocuous title of the International Law Enforcement Telecommunications Seminar (ILETS), the group has met annually to plan for and lobby to make telecommunications systems "interception-friendly".
ILETS excluded lawyers and industry specialists who might have advised on the arrangements to protect privacy and human rights, or on the feasibility and cost of the intelligence officers' wish list of interception requirements. As a result, the laws based on their recommendations have repeatedly caused controversy.
The work of ILETS first came to light in late 1997, when a British researcher, Tony Bunyan, revealed collaboration between EU staff and the FBI for many years. Details of plans to compel ISPs all over the world to install secret internet interception "black boxes" in their premises appeared in Online last year.
A month ago, the European Parliament appointed 36 MEPs to lead a year-long investigation into Echelon - the codename for a mainly US system for monitoring traffic on commercial communications satellites. Echelon has become common parlance for the worldwide electronic eavesdropping or signals intelligence (Sigint) network run by the Government Communications Headquarters (GCHQ) together with the US National Security Agency (NSA). The inquiry will ask if the rights of European citizens are adequately protected and ascertain whether European industry is put at risk by the global interception of communications.
French politicians and lawyers have taken the lead in accusing the US and Britain of using their electronic intelligence networks to win business away from foreign rivals. US politicians have riposted that France runs a worldwide electronic intelligence system of its own - "Frenchelon", based at Domme, near Sarlat in the Dordogne, and includes an eavesdropping station in New Caledonia in the Pacific (see www.zdnet.co.uk/news/ 2000/25/ns-16207.html).
Electronic eavesdropping has become a battleground between the US and Russia. The Russian-American Trust and Cooperation Act of 2000, passed on July 19, stops President Clinton rescheduling or writing off billions of dollars of Russian debts unless a Russian spy base in Cuba is "permanently closed".
This base at Lourdes, located on leased land near Havana, was the former Soviet Union's most important intelligence facility. It uses Echelon-type systems to collect data from telephone calls and satellite links covering the US.
Lourdes allegedly provides "between 60% and 70% of all Russian intelligence data about the US". A defector has said that spying from Lourdes has grown dramatically following an order by Boris Yeltsin to step up economic and technological espionage against the west.
The White House wants to stop the campaign to close Lourdes because other countries might then ask the US to close down its identical bases. Documents suggest the US would particularly fear the Lourdes effect spreading to Britain, Germany and Australia, where the NSA operates large sites. Its station at Menwith Hill, Yorkshire, is the largest electronic intelligence base in the world.
The US is not alone in this spying. By the end of the year, the Government Technical Assistance Centre (GTAC) will have begun operations from inside MI5's headquarters at Thames House, Millbank. Its primary purpose will be to break codes used for private email or to protect files on personal computers. It will also receive and hold private keys to codes which British computer users may be compelled to give to the government, under the RIP Act.
Development of GTAC has been pioneered by the Home Office's Encryption Co-ordination Unit, which says that the centre will "provide the capability to produce plain text/images/audio from lawfully intercepted communications and lawfully seized computer media which are encrypted". The Home Office has not confirmed reports that GTAC will also be the collecting point for intercepted internet communications relayed from the "sniffer" boxes to be installed inside British ISPs.
The cost of building GTAC, said to be £25m, is likely to include the price of ultra-fast super-computers, of the type previously used only to break Soviet codes and attack other special military targets. Code breakers from the communications intelligence agency GCHQ will be seconded to work at GTAC.
GCHQ has used sophisticated computers for many years to examine foreign or "external" messages and phone calls, as part of the worldwide intelligence network operated with other English-speaking countries. The key part of this system utilises computers called Dictionaries, which hold lists of thousands of target names, addresses and key words. They are used to select messages of interest, while discarding the majority of communications.
GCHQ was not normally permitted to encroach on domestic communications. Now the RIP Act says that as many domestic internet communications travel on the same "trunks" as external communications, GCHQ will be allowed to trawl through these messages without restriction.
Another limitation, which had prevented the direct targeting of people in Britain by GCHQ without specific authorisation has also been dropped. The Home Secretary has been given powers under Section 16 (3) of the Act to sign an "overriding" warrant every three months. This will allow general surveillance without the need for individual warrants.
This will apply to "serious crime", which can include organising demonstrations that may affect public order. The government has offered no justification for its willingness to allow GCHQ to intrude on domestic political and policing matters. The RIP act will also allow any agency nominated by the Home Secretary to tap into the addresses of emails sent and received (though not their content) without a warrant.
Caspar Bowden, whose lobbying organisation, the Foundation for Information Policy Research, FIPR, helped to bring some important changes to the RIP Act, believes that letting Dictionary type computers carry out broad-ranging surveillance on much internal UK traffic will break the new Human Rights Act.
The FBI has just been granted funds for an $85m electronic surveillance programme called Digital Storm. This foresees the quadrupling of telephone tapping in the US over the next decade, because of the convenience of digital processing and the automated delivery of intercepted messages and conversations to FBI agents.
The FBI hopes to build in automated transcription and translation systems. According to its budget application for the next US fiscal year, a related programme called Casa de Web will include central computer archives for intercepted audio and data reports. It will also provide "analytic tools for automated speaker identification, text key word spotting, and voice key word spotting".
The existence of Carnivore, the FBI tapping system, was revealed three months ago as the result of a lawsuit between a US ISP and federal marshals, who demanded that the ISP wire a Carnivore box into its network. The FBI initially wanted to install its own version of a commercial "sniffer" programme called Etherpeek. Then it turned up with Carnivore and a court order to install it.
The FBI claims there are only 20 Carnivores, and that they have been used only 25 times in the last 18 month. But the system is so controversial that the US Congress held special hearings two weeks ago. A judge has ordered the FBI to answer requests for details made under the Freedom of Information Act.
Carnivore consists of a laptop computer and communications interface cards. It runs a packet sniffer programme to select the data it wants from inside the ISP local network. According to Marcus Thomas, head of the FBI's Cyber Technology Section, they are PCs using proprietary software and acting as a "specialized sniffer".
The bureau claims that although Carnivore's hardware sees all the traffic passing through the ISP where it is installed, its software looks only at the origin and the destination of each internet packet. If the addresses correspond with those specifically authorised in a court order, then the information and/or the contents are extracted and forwarded to the FBI. The agency claims no other data is recorded or examined.
But US computer experts do not believe this is possible. For example, many ISPs dynamically allocate internet addresses to their customers. This means that every time you dial in to your ISP, you will use a different internet address. Unless Carnivore is also intercepting this type of data, it cannot work.
The experts have asked the FBI to reveal the source code of Carnivore. The FBI has refused, but says it will arrange a "privacy audit". US Attorney General Janet Reno has publicly regretted the woodenheaded selection of the codename Carnivore. She says it will soon be changed to a less threatening name.
Despite the power of systems such as Echelon or Carnivore, they face many practical difficulties in conducting the type of extensive surveillance that some people fear.
The risk they pose to civil liberties has often been questioned because of the simple techniques that criminals or terrorists can use to outrun surveillance.
Setting up new internet accounts and email addresses to use for a few days or weeks takes barely a minute to do, yet can limit or defeat law enforcement or intelligence targeting.
For the ordinary computer user who wants their email and web surfing activities to regain at least the same level of privacy enjoyed by ordinary letters, the best and probably the only tool to use is a system called Freedom.
Pioneered by the Canadian-based Zero Knowledge company, Freedom uses multiple encrypted links to carry every kind of internet traffic. The first step is a secure connection to a local ISP running a Freedom server. Several are now operating in Britain. Your message, re-encrypted each time it travels, is passed among one or more Freedom servers before being inserted onto the internet at a distant location. The system used means that no one, including Zero Knowledge itself and the ISPs you use, knows what messages are being sent or who is sending them.
For those less worried about intelligence agencies but infuriated by the privacy-destroying habits of some websites and internet companies, the American-based Junkbusters group offers an excellent free tool which stops unwarranted data collection and also limits the time-wasting effects of downloading of advertising material.
Systems like Carnivore and the black boxes, which MI5 and the police want to install soon in British ISPs, are based on internet technologies used every day by network managers and trouble-shooters.
Packet sniffers utilise the fact that all the traffic being handled by an ISP will travel on one or more very high-speed data links. These typically handle hundreds or even thousands of megabits of data every second.
Everyone's data travels on these shared links, in the form of datagrams, or packets of data. Each packet contains details of the sender and the intended destination of the data packet. In principle, this information can be used to select only the data being sent to or received by the target of a government approved warrant.
But the ISP has no way of knowing how much data is being extracted from their clients' private messages. It all depends on how the software is programmed, and this is kept secret.
One program used by the FBI to tap email is Etherpeek, which can be programmed to select any type of data from an internet data stream. Its manufacturers say it can "capture all conversations on a network segment, much like a tele phone tap". It costs less than $1,000 to buy and may be the proprietary software used for Carnivore.
Another commercial packet sniffer modified for internet surveillance is WireSpeed, which can analyse more than 300 different network types. The WireSpeed analyser, developed by a US corporation, Radcom, was recommended for use in a recent Home Office report, which noted that it was "a major component of another country' s interception solution - it would enable the user to view the content portion(s) of electronic messages".
Industry and civil liberties critics in Britain and the US say that packet-sniffing technology is so powerful and undetectable, that it poses a threat to civil liberties and privacy that could not have existed previously. As even the ISP to whose equipment it is connected will not know what it is doing, there can be no means of verifying that surveillance is being limited to what is legally allowed.
A Crazy Man Just Smiled At Me
by Gary Brooks Waid © 2000
There's a lot of mental illness in prison, more than in the rest of the world. Or at least it's more obvious. When I was at New River West, half the guys I met were fresh roasted, some of them dangerously so. Tell your children: If you break the law and go to prison, the man who lives in the next bunk may very well be a homicidal lunatic. It's
especially disconcerting when for some reason he takes a liking to you, wants to hang
out, decides to be your pal. That's all anyone needs - a bosom bunkie who's doing life for carving up the pizza delivery girl because she was a tool of Satan. He sits at the foot of your bed and masturbates as he describes his walk with God.
Also, while you're at it, tell your children that in prison you could become a target for a crazy guard, too.
Oh yeah! Yeah oh yeah, there's a bunch of nuts prison guards in America. Usually they've been fired from real jobs because they couldn't get along, or because they screwed with whatever program they were supposed to facilitate, or because they insisted on engaging in weird rituals or polemics that weren't relevant and that monkey-wrenched the work site.
Ex-cops become prison guards sometimes, for example, after they've been run off the force for violence or for having done something too bizarre for their co-workers or the general public to digest. At Texarkana FCI there was a guard who had been a police officer in Laredo, Texas, until he chained a Mexican fellow up and threw him off a bridge. The Mex was killed, I think, and the inefficient officer had to be relocated in a
hurry. But sometimes the employee will do nothing more than become a pain in the ass.
Maybe he rats out fellow workers for not shining their shoes properly. Or maybe he takes liberties with the public because of his job title. A man like that is not just annoying, he creates internal dissention and causes needless public complaints. Occasionally he's dangerous. The army regurgitates these guys all the time. Or promotes them. In Viet Nam they got fragged on a regular basis. The only possible home for many of these dudes is deep within a giant bureaucracy, counting and
cataloging paper clips, or as guards for various Departments of Corrections.
Here at New River East in Raiford, Florida, we've got a certifiable square peg who everyone agrees is insane. One source tells me he came to us by way of the Investigative Division of the power company, where he spent his days busting meter violators and such., measuring wire fatigue and writing reports on tree limb violations. Another guy, an officer, says no, he was a county building inspector creating havoc at construction sites all over the area. He got in trouble with his co-workers when he told on them for using county trucks to go to lunch. But both sources agree that Sergeant Z is completely around the bend. He's the proverbial bed bug who, because he's now a Sergeant in the Dept. of Corrections, insists he be treated by his captive audience as some sort of moral compass, a wish not easy to honor from a man who's nose is constantly up one or another prisoner asshole, sniffing for gas leaks.
From a distance, Sgt. Z looks almost normal. He's your average, middle-age, silver- haired, brown uniform. But, he's always smiling one of those manic, inappropriate smiles from Venus or Mars that somehow touch the hysteria button, and when you get closer you can see that he's a lodestone. His eyes are unforgettable mad, and he has a busy, obsessive repertoire of gestures and furtive eye dartings that are extremely uncomfortable for most people (even other guards) to deal with. You could say that Sgt. Z is a walking, talking ad for PROZAC. He's 'Homphrey' Bogart in THE CAINE
MUTINY, fingering his little silver balls. He should be weaving baskets somewhere,
or making Hopalong Cassidy wallets in Arts & Crafts class.
For the record, big prison bureaucracies regularly accept his type and consider them perfectly employable. After all, nothing is ever reported to the outside world, so a total creosote brain can float along in the ebb tide of his psychosis and pick up a check in spite of his world view or his insecure, sometimes dangerous hate. Other guards just learn to put up with them, and the prisoners run away. But Sgt. Z is special. He absolutely will not allow the institution to cruise along doing time. He has to throw
Those of you reading this article have likely broken a dozen state and federal laws, city ordinances, homeowner's agreements, etc. this week. Y'all know it, too. Hell, there are so many tiny things that have been legislated, almost nothing you do is clearly, unarguably secure from meddling regulation. Eating? "HEY, get that outta your mouth, pal!" Sleeping? "What 'cha doon onna bench, asshole?" Sex?
"Ooh, don't, STOP, NO, THAT'S ENOUGH!" If you run a yellow light, if you paint your house pink, if you spit on the sidewalk or water your lawn or own a cat without
papers or perform unacceptable sex or smoke something or eat an unprescribed
headache pill or tamper with your pillow tag, you're breaking a law.
So imagine what it's like in prison. Imagine how you'd feel if a crazy person followed you around all day with a little blue book, crying foul and issuing citations and examining your body for evidence of improper behavior.
Sgt. Z's blue book is scruffy and dog-eared from the constant thumbing. He attacks the inmates with it, and he insists on delivering theories, engaging the men in riddles, forcing his patronizing lessons and finding fault, quoting obscurities then tailoring them to fit his nutso assumptions. Reliable sources tell me that when at home, Sgt. Z can spend hours acting odd. He stands in the shadows under the eaves of a dark night, for hours, just stands there in the yard, hidden from view, waiting for some neighbor to commit something, murder or rape maybe, so that he can spring into action. His neighbors think he's looney toones, of course, according to my reliable source. But I don't need to resort to second-hand reporting to see that Z is a freak. And I don't need reportage to see that his freakishness is harmful. He pounces on minute, meaningless rule violations, then issues citations that steal time from prisoners and create problems
throughout the population, even into the officer cadres because they have to stand up for him.
I watch him operate sometimes and wonder what could possibly be on his mind. How does he justify himself? How did his children survive intact (if they did*)? I look into his eyes and want to run in panic, screaming. Any moment I expect him to talk to his invisible rabbit or flap his arms and try to fly. He acts exactly like a man with something to hide, like he's done a thing truly awful and he's ashamed of it. Maybe he's consumed with guilt over a leather-and-whip fetish. Or what if he wears pantyhose under his uniform and lashes out because they give him a rash. He's on a precipice, a
cliff, about to hurl himself into the void, jabbering all the way down and worrying his hands together, shouting about disrespectful inmates, inmates who touch themselves inappropriately or who keep extra pairs of socks in their lockers.
*His son is also a prison guard I think, and if he's the Z that booed me up
at FSP, the fruit didn't fall far from the tree.
There is an axiom as true in here as it is on the outside: "If there is an excessive amount of silly rules, there will be an excessive amount of rule breakers."
So Sgt. Z's insatiable maw is constantly fed.
He crawls the rec yard these days, pouncing on any man who dares to give a friend a soda pop from the canteen ("No bartering," says Z, ignoring the definition of the word "barter"), or capturing some slimy bastard who wears his shoes untied. And you absolutely cannot point out irony to him. He's not capable of making the leap. The other day he confiscated my gym shorts because they weren't neat enough. They were too scruffy. Had holes. As he explained this to me I stood and eyed the other officers in
his group. They looked uncomfortable. They tried to look away. Some of them dribbled smokeless tobacco down their chins. One guy was five-and-a-half feet tall
with three chins and knees like ice cream cones. He weighed well over three hundred
pounds. The whole squad looked like a school of blowfish, swollen for protection. Very neat blowfish.
But Sgt. Z, as I said, sees no joke. And he's not fat. He has no time to eat, what with the constant poking into prisoner's underpants, pulling out his blue book, quoting chapter and verse through a nose as red as rutabaga and a lipless smile of contempt.
I'm telling you, this guy is not normal. He peeks in windows at night. He times and counts inmate visits to the drinking fountain or sessions on the toilet. He will spend hours on paperwork so that he can legally take a pair of cheap sunglasses or a borrowed magazine. He's one of those guys who thinks respect can be commanded, and the whole time he's insisting on his respect, there's this glittering sparkle of madness forcing its way out of eyes like windows in a warehouse. There's a seratonin
overdrive within his neurochemistry that must be a harbinger of something within his
neurochemistry that must be a harbinger of something terrible to come. He's a hysterical balloon about to burst, and I for one don't want to be there when it happens. His mind will fill with voices and faces and the shrill laughter will echo across the yard, and he will have embraced his rural, ignorant, anal-retentive muse and failed to survive intact.
I see Z taking a crap in the morning, seated precisely, knees at 35 degrees, wiping left-handed, front-to-back, then examining the residue for contaminants. He flushes exactly once, then stands, tucking pee pee away so that nothing swings or bobs or otherwise moves to a rhythm unacceptable.
Suddenly, for no apparent reason he puckers his lips and makes a farting
"Ha-ha!" he shouts, and begins to pluck his eyebrows in the mirror. "Goodness, ha-ha, yes!" he screams, giggling, burbling, dribbling wet warm saliva over his chin and down onto his underwire bra.
AUTHOR'S ADDENDUM: After showing the preceding article to a hundred or so
inmates, I must here confess to being told of another reason for Sgt. Z's disruptive behavior, a reason that has nothing to do with being insane. They claim he's just stupid and mean.
I don't think that's possible, but some of the inmates have convinced me to at least present the argument. I agreed, only on condition that I use their rationale against them. In other words, I will here prove that the good
Sgt. is nuts.
What separates man from the beasts is his ability to see the whole picture. He has a concept of mortality. He envisions his end, as well as his beginning. Dogs and bugs see only what's in front of them. Squirrels may store nuts for the Winter, but there is no proof they actually know why.
Pretend for a minute that Sgt. Z is not an inefficient prison guard upsetting the orderly running of a human warehouse, but a chess player who has no concept of what it is when you make moves to further NEVER win because all he'll do is to capture pawns or knights or bishops with each ill-thought move, and the moves will be independent of any concept of checkmate. He takes his turns, moves his white pieces simply to capture black pieces, and the idea of a goal is lost. So in the end he'll have a
stack of worthless pawns and bishops and knights (various inmate trash, paperwork, punishments), and his king will be in the shitter (the inmates will hate him, other officers will look at him with contempt, the warden will roll his eyes and sigh, the efficient running of the prison will be impossible).
Maybe I'm not being clear...
Shooting at a target is fairly simple. Monkeys can throw rocks. But shooting at a MOVING target takes brains. You have to see into the future, and seeing into the future is a HUMAN characteristic. Seeing into the future entails a bunch of complicated mathematical calculations done on the molecular level instantaneously. It's a uniquely human experience. Only humans can picture what will happen later, when they do
And Sgt. Z will likely never be able to hit a moving target. He doesn't understand the concepts behind managing many hundreds of incarcerated men.
If you readers out there smoke a joint, maybe, and think for a minute, re-read the last two paragraphs, you'll see what I'm getting at. Sgt. Z can't possibly be sane. If he was, he'd be non-human. And I really don't think that's possible. The Florida D.O.C. will do a lot of things, but they won't ever give a monkey Sergeant stripes. Never. And
that's the truth.
The real problem with guys like Z is that they wield so much arbitrary power, power that is uncontestable and actually whimsical in its administration. There's the ubiquitous DR of course, but there is also a thing called a CC (correctional consultation), which is a yellow flimsy that takes three days of an inmate's good time and is given out by the guards when they witness an infraction of some kind. It is administered judiciously. After all, a CC robs a man of 3 days of his life. But because there is no official hearing or witness evaluation at the administration level, a crazy guard can go wild without any
sort of censure.
And that also is the truth!
Gary Brooks Waid
More of Gary's Stories can be found at SMUGGLER'S TALES FROM
Shared by Kay Lee
MAKING THE WALLS TRANSPARENT
Government is not reason; it is not eloquence; it is force! Like fire it is a dangerous
servant and a fearful master. --George Washington
URL to this page: http://www.egroups.com/group/Patriot_Net
Original Message -----
From: "Kay Lee"
Sent: Monday, August 07, 2000 9:19 PM
Subject: [Patriot_Net] PODW WAID AND THE PRISON NOTEBOOK
Gary Brooks Waid wrote that he had received nearly a hundred letters this last week or so, so I know many of you out there care about this courageous federal marijuana prisoner from Texarkana BOP who is doing hard time in a brutal Florida system. I received a letter from Gary today, a new story (SEE BELOW).
Although his last few letters were mostly about how tired he was and no problems were mentioned, Gary has never stopped reporting on the world behind the walls of the Florida DOC, despite a number of repercussions, so I was real worried when I first received this email today concerning PODW Waid.
From: Rosamond Baker
Sent: Monday, August 07, 2000 12:02 PM
Subject: Gary Waid
I emailed you a while back about my concerns about Gary being put to manual labor after I had sent a copy of your website pages on the 'Riley Throwdown' to my friend, Richard A. Warren DC# 123103, one of the witnesses to the incident. I did meet Gary when I was at New River East to visit Richard.
As you probably already know Gary has been moved to N.F.R.C.-West, last Friday, I believe. They found him using the DOC website. The men at New River East are concerned about him and would like any information they can get on who, what, when, and where he is. Can you help me on this? They all hope he is safe and is doing the community service he was promised but they
I know all to well the lies that are told to inmates.
Thank you for any assistance you can give me on this matter.
Peace and Love,
But his letter was probably sent just before ....wait, I'm calling the prison.
Okay, Gary's been transferred to NFRC (THE DREADED BUTLER NIGHTMARE
http://www.angelfire.com/fl4/prison/butler.html), but Ms Peterson at Butler Did tell me that Gary is not there for being in trouble, he's not there for health, but he's in transition...being transferred somewhere. We do not yet have details. If this is the community service that he's been promised, everything is okay. If not, we need to keep an eye out.
Don't call Butler yet until we know, but I have Gary's "team leader's" phone number and will call again tomorrow to make sure this is a good thing. By the way, New River East and West changed their numbers a few months ago. The operator still has the old one, and I had to call Tallahassee to find out the new numbers were (East) 904-368-3000 and (West) 904-368-3105.
Tell the men he may be just fine...I'll let all of you know when I find out more. I have just begun rebuilding my address book, so if you could post this on whatever lists you are on, it will put people on alert. In the meantime, I hope you will catch the irreverent irony
in his newest story, "Prison Notebook: A Crazy Man Just Smiled At Me", printed
Date: Thu, 10 Aug 2000 03:54:57 -0400
From: Matthew Gaylor
August 9, 2000
Holdout Juror Acquitted of Wrongdoing
[Denver] - On August 4, First Judicial District Chief Judge Thomas Woodford signed a motion filed by the District Attorney to dismiss the contempt of court case against Laura Kriho, ending a four-year saga that brought the issues of jury rights and jury nullification into the international spotlight. Legal experts say the Kriho case was the first time in over 300 years that a juror was prosecuted based on evidence of
how they deliberated and voted in the jury room.
Kriho was tried for contempt of court after she was the lone holdout on a jury in a methamphetamine possession case in May 1996. In February 1997, Gilpin County District Court Judge Henry Nieto (now a Colorado appellate judge) convicted Kriho of a precedent-setting new crime: failure to volunteer answers to questions that were not actually asked of her during jury selection. In April 1999, the Colorado Court of Appeals reversed Kriho's contempt conviction. The Court of Appeals ruled that the trial
court had improperly invaded the secrecy of the jury room by allowing testimony from other jurors about jury room deliberations.
The Court of Appeals also ruled that their was insufficient evidence to convict Kriho of contempt based on the facts that Kriho was a volunteer for the Colorado Hemp Initiative Project and that she possessed knowledge about the legal doctrine of jury "nullification", a juror's right to vote according to their conscience and nullify unjust laws. Kriho was not asked any questions about these issues during jury selection and her failure to volunteer this information was not a crime.
However, the Court of Appeals said that the District Attorney could re-try Kriho on the "one remaining allegation" that Kriho intentionally failed to volunteer information during jury selection about a 12-year-old deferred judgment (legal acquittal) for possession of LSD that was supposed to be wiped from her record, even though she wasn't asked any questions relating to it.
First Judicial District D.A. Dave Thomas decided to ask for a dismissal of the contempt case "on the grounds that it is in the best interest of justice given the passage of time and evidence unavailability due to the appellate process." On Friday, Judge Woodford granted the D.A.'s motion to dismiss.
"I am so glad this is finally over," says Laura Kriho. "I hope that by fighting and winning against this persecution that I have helped protect other jurors from going through what I did. The jury is meant to be the conscience of the community. Jurors should be free to deliberate and to vote however they deem fit, without fear of later prosecution if they vote against the government's case. Jurors should be respected for doing their civic duty, not held in contempt. Jurors should be praised, not persecuted."
"The belief that the jury selection process should be used to eliminate independent- minded jurors is at the root of Laura's prosecution and conviction. The idea should never have occurred to either a judge or a prosecutor that a juror could be criminally prosecuted for failure to disclose what she was not asked", says Kriho's attorney, Paul Grant. "I hope that judges and prosecutors learn from the Kriho case that it is a mistake to prosecute jurors who don't accept the government's view of the evidence or the law. The very purpose of a jury trial is to resist oppression by the government, without interference or intimidation from any quarter, including the court."
"It's good to see that the light of sanity can penetrate even the Gilpin County justice system," says Capp Sehota, co-founder of the Jury Rights Project. "There's hope."
Background on the case and text of legal briefs and rulings:
To see the actual signed order to dismiss:
Write D.A. Dave Thomas and congratulate him on his wisdom in dropping the prosecution of Laura Kriho. He's up for re-election this year, so let him know that he will gain more votes if he takes a strong stand on protecting jurors and jury rights.
District Attorney Dave Thomas
First Judicial District Attorney's Office
500 Jefferson County Parkway
Golden, Colorado 80401
Phone: (303) 271-6800
Fax: (303) 271-6888
Campaign Web Page: http://www.jeffcoda.com
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Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825
916/568-1022, 916/450-7941VM Date: 08/10/00 Time: 09:50:26