Neon Tommy - Annenberg digital news

CA Prisons' Use Of Solitary Confinement Hurts Families

Lauren Madow |
July 22, 2013 | 5:21 a.m. PDT

Deputy Editor

Inmate Ian Whitson is serving an indefinite period in solitary confinement (courtesy Daletha Hayden)
Inmate Ian Whitson is serving an indefinite period in solitary confinement (courtesy Daletha Hayden)
Every other Sunday for the past 12 years, Daletha Hayden has travelled two hours from Victorville to visit her son, Ian Whitson, at California Correctional Institution in Tehachapi. Since July 8, Hayden’s visits have become more frequent. That was the date that her son, along with thousands of other inmates across the state, began a hunger strike to protest prison conditions. 30-year-old Whitson has been isolated in a Security Housing Unit, meaning solitary confinement, for over four years.

"I live in an 8 x12 concrete cell by myself," Whitson wrote in an open letter from Tehachapi. "I’m on 24/7 lock-down.  I come out of my cell every other day for 10 minutes to shave and shower.  I get 'yard' once a week which is a 10 x15 steel cage 'outside' all by myself for 2 hours."

Before Whitson was segregated from the general inmate population, he had incurred a single rules violation: he missed a head count because he was at his job. Daletha Hayden describes her son as having spent most of his spare time in the prison’s law library, researching in order to help fellow inmates with fewer reading and writing skills understand their own cases better. Whitson also was, and still is, totally committed to continuing his own education. But because someone named Whitson to prison officials as an alleged gang "associate," he will serve his life sentence in the SHU indefinitely. 

"I often go to bed at night asking God for the greatest gift he could give me, that I won’t wake up the next day," wrote Whitson. "We’ve been tossed into the societal refuse heap…This is the landfill of humanity."

Daletha Hayden, Whitson's mother, speaks out against SHU conditions (Denise Mewbourne for SF Bay View)
Daletha Hayden, Whitson's mother, speaks out against SHU conditions (Denise Mewbourne for SF Bay View)
These notes of despair are what disturb Daletha Hayden. "My son isn’t refuse," she said. "He’s a human being. And I’m proud of him that he’s standing up for his rights."

Of the hunger strike that crosses what the organization Prisoner Hunger Strike Solidarity called "prison-manufactured racial and geographical lines," Hayden is especially proud. "They came together over racial barriers, they said you know what? All this other stuff doesn’t mean a thing. All it does is allow the [California Department of Corrections and Rehabilitation] to divide us and conquer us, well, we’re not having it. To me, our political leaders could learn something from this."

After CDCR officials failed to deliver on promised improvements in conditions at Pelican Bay State Prison’s notorious "Short Corridor" SHU, inmates warned that they would commence a hunger strike on July 8 unless their five core demands were met. The third demand, "Comply with the US Commission on Safety and Abuse in America’s Prisons 2006 Recommendations Regarding an End to Long-Term Solitary Confinement," refers to an independent commission of U.S. District judges, attorneys, corrections officials, and military and religious leaders’ finding that:

People who pose no real threat to anyone and also those who are mentally ill are languishing for months or years in high-security units and "supermax" prisons. In some places, the environment is so severe that people end up completely isolated, confined in constantly bright or constantly dim spaces without any meaningful human contact—torturous conditions that are proven to cause mental deterioration.

For Daletha Hayden and her son, his "indeterminate," or indefinite, sentence in the SHU is the twist of the knife that makes a painful situation agonizing. Only validated gang associates receive indeterminate SHU sentences, which are a blunt weapon used by the CDCR to reduce gang activity in prisons. "You can stab a guard, you can hurt another inmate, get into a fight, whatever, and you will have a definite SHU term," Hayden explains. "They will maybe put you in the SHU for 12 months, 24 months…Validated members, a minimum is 6 years and then they will reevaluate you."

Ian Whitson is a rare inmate who knows the two sources of his “validation”: the first was a drawing he made several years ago which authorities determined contained gang-related imagery. The second was a former SHU resident whose best chance at rejoining the general inmate population was to give the Tehachapi’s Institutional Gang Investigators unit the name of a gang member, a system known as the "debriefing" process ("Abolish the debriefing policy" is the Pelican Bay prisoners’ second core demand).

"In order to get out of the SHU, you have to parole, snitch or die," says UC Hastings College of Law professor Hadar Aviram, who writes the blog California Correctional Crisis. "If you admit to membership in a gang and you provide information about other members of a gang, that leads to a step-down program where gradually you earn points that get you out of the SHU. The thing is, because there’s a motivation to give information about other people you’re then dragging other people into this net of rumors and then they end up in the SHU."

A member of California Families to Abolish Solitary Confinement protests (courtesy CFASC)
A member of California Families to Abolish Solitary Confinement protests (courtesy CFASC)
Between the incentive for SHU inmates to offer investigators a name and the seemingly low bar for what constitutes proof of gang membership, inmates may receive an indeterminate sentence in the SHU based on questionable evidence. "A lot of times the justification for putting people in these conditions is very flimsy," says Aviram. "Marking you as a gang member for the purpose of isolation relies a lot on rumors, on tattoos, on information obtained from other inmates."

Amnesty International found that California segregates more prisoners for longer periods of time than any other state. In a 2012 report titled "The Edge of Endurance: Prison Conditions in California’s Security Housing Units," AI reported that more than 500 prisoners had spent ten or more years in the Pelican Bay SHU. More than 200 had spent over 15 years. 78 had spent their lives in total isolation for over 20 years. The United Nations Special Rapporteur on torture, Juan E. Mendez, has called for an absolute ban on indefinite periods of solitary confinement lasting longer than 15 days. Ian Whitson has spent more than 100 times that period in solitary.  

His mother credits Whitson’s focus on continuing his education—a recent concession by the CDCR, who previously denied SHU inmates access to correspondence courses—with his ability to maintain some hope. Studying is "the only thing that keeps him centered," says Hayden. "He’s gone through bouts of depression when they weren’t letting him out at all and he was literally locked down 24-7."

In addition to the isolation and the extreme physical conditions in the SHU, segregated inmates in California face the frustration of having their plight glossed over by Governor Jerry Brown, who declared the state’s prison crisis "over" in January. The issue of the SHU "needs to be seen in the larger context of people who feel that they’ve been completely forgotten," says Hadar Aviram. "These are your and my fellow Californians. And they feel like they’ve not only been forgotten but they’ve been dehumanized. There’s no acknowledgement of the conditions that they’re in."

Like her son, Daletha Hayden has managed to avoid giving in to despair. She is actively involved with the reform group California Families to Abolish Solitary Confinement. And she is able to view the individuals charged with guarding her son with compassion.

"There are good officers that will speak to you kindly and will go the extra step to try and help you," Hayden says. "It’s just the way their system is designed, they have to be careful in being humane themselves, and that’s very sad because it goes against the grain of their own humanity…Each time any group of people is allowed to abuse people, or turn their eyes away from someone else being abusive, that hurts our society extended beyond the prison."

 

Reach Deputy Editor Lauren Madow here. Follow her here.



 

Live On Twitter

Buzz

Take a look at who's who in DTLA.

Downtown Los Angeles is getting revitalized, and it's rocking a new look.Get the latest on how the neighborhood is living up to its new nickname, DTLA.

 


Comments

Anonymouspaul spector (not verified) on October 17, 2013 9:17 AM

01/13/2013
Paul Spector
625 Shamrock Lane
Pismo Beach, Ca. 93449

805-458-1291
paulspector@att.net

Sir,

I worked as a nurse at California Mens Colony State Prison (CMC) for 2 years, ending in May of 2009 when I was fired after reporting drug theft and patient abuse in the Mental Health Crisis Building treatment center. Nurses are one of the only protections patients have and if we are prevented from reporting it that is a BIG problem.

This letter is an attempt to stop the continued Torture of my Mental Health Patients. As the injuries and death tolls mount, thousands of Patients, staff and family members are affected. The combination of Physical Torture, Sexual and Psychological Abuse, Drug Overdoses, and Isolation isa technique pioneered by N. Korea. They are used today against political targets in Iran, China and other countries that ignore UN prohibitions against Torture.

I reported a drug theft, solicitation of murder and patient abuse involving RN A. Harrington on 05/12/2008, 6 months after she admitted abusing RN Joe Schrader and others. RN Schrader was forced to resign 3 days after his report. Retaliation against me started immediately as well. The swift production of false, "secret" FBI arrest records designed to silence me is one example of the many illegal and unconstitutional acts being committed on a daily basis at CMC. I suspect they are forging documents on many others, both inmates and staff, creating false arrest histories and perhaps erasing a few as well.

Giving my wife's data to known sex offenders and murderers was particularly unethical. This technique was used against most of the male nurses there. It is very effective and most victims resign immediately.

The drug theft and abuse was covered up, retaliation by RN A. Harrington and her friend, RN L. D’albro included abuse of my inmate/patients, an attempted murder, the release of my confidential data to inmates and soliciting them to harm my family, my coworkers and myself. My supervisors, both medical and corrections, including the DON, testified that they knew about this. Pt. "suicides" continue and are directly related to the abuse. I feel it is State sponsored murder.

Report abuse, immediate retaliation and job loss fallows. Than Associate Warden and now Warden E. Valenzuela was directly involved. In my case, I refused to quit and the false "secret arrest records" were "found "misfiled". This abuse of police powers was proven false but I was still fired, my patients still confined in small filthy Torture Cells.

The harassment involved Abuse of my inmates. My medication administration records were hidden, Inmates were told I and other male nurses were giving them poison, stealing their drugs, hated black’s and hispanics, were child molesters, criminals, drug addicts, alcoholics and wife beaters. They were solicited to hurt me, given detailed data on my family, including SS#’s, places of work, work schedules, phone numbers, detailed descriptions of my house, yard and routine.

In at least one case, a deliberate attempt to cause the death of my patient (in apparent respiratory arrest) by removing the Emergency Resuscitation Equipment was made. Almost all patients were given regular overdoses of dangerous drugs, physically and mentally abused. All of the successful Suicides there must be considered a predictable, understandable, rational response to intolerable Torture and lack of treatment.

I attempted to report the abuse to Dr. Meyers, Chief Medical Officer, but the confidential report was removed from his mailbox. Numerous Officers saw the abuse on a daily basis but did nothing to stop the practice. Indeed, the misuse of weapons grade pepper gas formulations by officers increased the suffering, coating every surface in the unventilated building. Both inmates and staff suffered severe eye and respiratory distress.

I also reported the abuse to the Warden, the Director of Nursing (L.Joy SRN), all my supervisors, and Officer Clemmensen, who unethically presented herself as the EEO Officer. In fact Officer Clemmensen was the Employee Relations Officer and fired me using the false "secret" documents she reported finding misfiled somewhere.

I reported the abuse to Officer Inguerson, Internal Affaires. He interrogated me on orders coming directly from Officer Valenzuela. Officers Inguerson and later Officer Clemmensen accused me of threatening to harm RN Harrington. I was given a letterof instruction that resulted on a loss of pay.

The Torture, suicides and privacy violations continued. Inmates were solicited to harm my family, Hate Letters were circulated (with the full knowledge of my supervisors. My report of inmate abuse, including attempted murder, was ignored.

My confidential data was given to inmates who were told to harm my family. This was a standard procedure used to force RN's who objected to the torture to resign. It was used exclusively on male RN's, usually with success.

I refused to quit and so was fired. My pre hire FBI background check, clear in 2007, now seemed to show multiple arrests. It was clean in 2006 at Atascadero State Hospital and again in 2007 when Officer Clemmensen herself first reviewed and approved it. Now it showed a 40 year record of arrests for drugs and weapons. Numerous State and Federal crimes. They also said I had slept on the job twice and violated the “code of silence” twice, all false.

At my SPB hearing I was able to prove every charge false. The FBI data had been entered into the FBI databank but not by the State of Washington, as it indicated. It was expunged by Washington State because no arrests had ever been made. The information appears to have been planted with the use of Law Enforcement Computer Systems. There were likewise no records of any Federal Arrests.

Despite this, Officer Valenzuela and his underlings still use the false FBI pre hire background check to prevent me from working. I was fired from my next position as Manager of the Emergency Medical Response unit at PG&E’s Diablo Canyon Nuclear Power Plant when CMC told them I was a terrorist. I had passed all their extensive background and psychological evaluations. I did find work in an ICU far away but my car was hit by a massive truck driven by an apparent gang member (06/12/2012) and I am unemployed, any job I get subject to CDCR's informing them I am a criminal.

The other charges also fell apart. The first SBP hearing took 7 days. That Judge gave me my job back and a Skelly award over the false, secret FBI report they had refused to show me. My witness was ordered not to honor my summons by Officer Clemmensen, and I was given a 1 year without pay penalty for the sleeping and code of silence charges despite clear evidence Ahad those charges were also false.

The State board rejected that decision (penalty should have been 1 mo. without pay at most even if I had been sleeping) and it was heard again on 02/07/2013, where I was given 43 months of back pay for the Skelly Violation but fired for not knowing who placed a signed hate letter on my desk and other minor, false charges.

I am proud to have reported the Torture of my patients. Preventing mistreatment of inmates is a good thing and I hope I can help. Many inmates are kept naked in freezing temperatures and without air circulation in high temperatures. The vision of them laying on cement using toilet water to try to cool down is common.

Stays in the MHCB unit often exceeded 6 months, sometimes over 12. The smell in the small, single person cells is horrific, worse if they refuse showers. Black and Hispanic patients are singled out and account for almost 100% of the abused patients.

Conditions are far worse than a prisoner of war camp. I served as a US Army Officer during Desert Storm. Such treatment would clearly violate the Geneva convention. Solitary confinement for extended periods results in permanent mental health problems and brain damage.

Telling them their male RN's were poisoning them was cruel, as was encouraging them to harm State Workers and our loved ones. Refusing to provide resuscitation equipment when needed, hiding medication administration paperwork and taking my report of patient Abuse from Dr. Meyers mailbox are just a few of the tactics used to cover up the Torture.

The rest of this letter is taken from my complaint against Officer M. Clemmensen. The code of silence that allowed RN’s Harrington and D’albro to violate Title 15 and CDCR Operations is explored, mostly using Testimony from my SBP hearing. I am not interested in getting my job back but feel responsible for stopping the continued Torture of my Patients. They need Treatment, drug overdoses and abuse.

There are about 43 isolation cells on each of two wings of the Mental Health Crisis unit. No treatment is given despite copious paperwork showing care plans. The massive overdoses and hideous suffering precludes treatment as the basic needs described in Maslow's Hierarchy are not being met. Giving Patients data on the wives of the male RN’s attempting to care for them also hindered treatment ( to say nothing of spraying them in the genitals with pepper gas).

The constant presence of weaponized Pepper Gas was only made worse when hall fans were turned on, usually as punishment. This damaged the Patients eyes and respiratory system. It irritated their skin and especially mucus membrane (ie anus, urethra, eyes) at all times.

They also suffer malnutrition and a lack of treatment. Telling them their medications, including aids drugs, had been poisoned by the male RN's led to a refusal to take them. It also resulted in verbal abuse and attempts to harm us.

RN Schrader’s letter and my reports of violations explain a lot. The testimony is all certified. I can send the entire hearing transcript and the adverse action on disc. Numerous supervisors admit they allowed the release of Confidential data to inmates ( an attempt to force those reporting the abuse to resign).

Here is a floor nurse describing a typical privacy violation:

ERO Clemmensen questioning RN Gruenfeld on 03/15/12 76:20

20· · · Q.· Okay.· Is there a sign warning staff to talk
21· quietly, as inmates on the third floor can hear you?
22· · · A.· There is in the -- in the back charting room,
23· yes.
24· · · Q.· In the nurse’s area?
25· · · A.· Yes.

A caution notice that inmates could hear even quiet conversations. RN Harrington was very, very loud.

Mr. Barlo, states attorney questioning RN Gruenfeld
03/15/12 80:16 - 81:2

Q.· Were you ever aware of any complaints that
17· Ms. Harrington was a drug user while on duty?
18· · · A.· Are you asking illicit drugs or prescribed drugs?
19· · · Q.· Well, no.· Illicit drugs.
20· · · A.· Illicit drugs, no.
21· · · Q.· What -- And what do you mean by prescribed drugs?
22· · · A.· Prescribed drugs.· My understanding was she made
23· many statements to the fact that she was on psychiatric
24· medication that was prescribed to her.
25· · · Q.· Okay.
·1· · · A.· So that’s why I clarified which drug we were
·2· talking about.

I documented her drugged state. She needed treatment, not more drugs.

Mr. Barlo, States Attorney questioning RN Gruenfeld
03-15-12 81:3 - 82:19
·
3· · · Q.· And she made those statements to you?
·4· · · A.· Yes.
·5· · · Q.· Well, do you know if her supervisors were aware
·6· of that?
·7· · · A.· I don’t know that.
·8· · · Q.· Okay.· Were you ever aware of complaints that
·9· Ms. Harrington was revealing personal information of RNs
10· to inmates?
11· · · A.· Yes.
12· · · Q.· And how did you become aware of that?
13· · · A.· I was actually in the med room with her.· She
14· was sharing the information to me that she had been told
15· to keep quiet, and I reminded her that she was told to
16· keep quiet and that the grate on the door allowed
17· voices to be heard through the door and that she needed
18· to be quiet.· She continued to talk through my cautions
19· to her.
20· · · Q.· And during this particular conversation, did she
21· talk about other RNs?
22· · · A.· Yes.
23· · · Q.· Okay.· So you were present when she was talking
24· about other RNs?
25· · · A.· Yes.
1 · · Q.· And you believe that the inmates could hear it?
·2· · · A.· I was told that the inmates could hear it by
·3· correctional officers, Mr. Spector because they were
·4· across the hall, and therefore the -- I was not able to
·5· hear how far that the sound went, but I had been told
·6· that they were able to hear the conversation.
·7· · · Q.· Did you ever become angry at Mr. Spector or upset
·8· at Mr. Spector because he made reports about
·9· Ms. Harrington revealing information?
10· · · A.· I don’t know that angry is the right word.· I
11· certainly understood why he was making the report, and I
12· felt that it was a valid report.
13· · · Q.· Okay.· So angry is not the right word at all, is
14· it?
15· · · A.· No.· No.
16· · · Q.· You --
17· · · A.· I actually felt that --
18· · · Q.· He was doing the right thing; is that right?
19· · · A.· Yes, correct.

This repeat performance (81:14) was after her EEO confession and previous releases of data on male RN’s to inmates. She could be heard by every inmate on all 3 floors of the building and her data releases often lasted for her entire 8 hr.shift.

I called the EEO Office in May requesting to file a complaint. Officer M. Clemmensen ERO called me back, falsely identified herself as the EEO Officer, and took my reports and documents in person. She said she used to have an assistant, Mrs. L. Galle but no longer. We met several times, the abuse continued, including an attempt by RN D’albro kill my patient. I was forbidden to contact the real EEO officer.

SRN Morrisroe (see 8/12/08 and 08/13/08 letters, 08/11/08 meeting) ordered me to “inform a supervisor when you are requesting to talk or meet with an EEO coordinator”, preventing me from speaking with the real EEO Officer even on the phone and discovering the deception.

Officer Clemmensen was not the EEO Officer and refused to act. In RN Harrington’s EEO letter of 11/30/07 from Officer L. Galle, she is told not to retaliate against RN Schrader. She and her friends retaliated immediately. Her admitted violations, far worse than any of the false charges against me, continued daily. I reported this to the fake EEO officer, ERO M. Clemmensen, frequently.

Most of the male RN’s reported it. 2 brave female RN’s, Flemming and Higgens, both suffered job loss for reporting violations. RN Harrington provided inmates with my wife’s address and data, much of it Confidential Information only found in my State Personell File. These are the same files Officer Clemmensen claims to have found the false "secret FBI report" misfiled in, showing that she was had access to this data.

Inmates were told to harm my family and given false reasons to do so. Signed Hate Letters containing Confidential Data and false, offensive statements were given to “everyone” staff and inmates alike per SRN Beach’s testimony. That would be hundreds. I was punished just for finding one of them.

Suicidal/homicidal patients were told male nurses were stealing their drugs, giving them poison, hated blacks, hated Mexican’s, were criminals, etc. It was abuse of patients and their professional caregivers.

The reports I gave Mrs. Clemmensen and other supervisors detailed this. The ERO’s signed response to one of my complaints demonstrates her early involvement starting on 09/26/08. I had actually reported to her in May but in court she denied this.

Most of the data RN’s Harrington and D’albro were releasing could only have come from our personnel records, the same records where ERO Clemmensen claims she found the false arrest record.

Mrs. Clemmensen told me that it was “OK for her [RN Harrington] to give our information to inmates as she is "getting it off the internet”. It was contraband, violated Title 15, CDCR Operations and State Privacy Law’s. Use of State Computers for personal business is also prohibited.

Director of Nursing, L. Joy, and Internal Affairs Investigator J. Inguerson testified they knew of the harassment.

Mr. Giovacinni questioning L. Joy DON
03/15/12/217:6 - 218:10

6· · · Q.· Did you ever become aware of an allegation that
·7· Ms. Harrington had stolen drugs?
·8· · · A.· I don’t recall.
·9· · · Q.· Okay.· Did you ever become aware of an allegation
10· that Ms. Harrington was releasing information of another
11· RN to inmates?
12· · · A.· Is there something I can reference on that?· No,
13· huh?
14· · · Q.· No.
15· · · A.· Can you repeat the question?
16· · · Q.· Did you ever become aware of an allegation that
17· Ms. Harrington had released personal information of
18· another RN to inmates?· If you don’t recall, that’s a
19· good answer.
20· · · A.· I don’t recall.· I don’t recall.· Too, the
21· question I’m concerned about or the thing that whether it
22· was to inmates.· I’m aware of information that was
23· released that she had spoke of about another employee,
24· but I don’t know if it went to inmates.
25· · · Q.· Okay.· And what was your awareness of the
·1· information that she released -- that she spoke about to
·2· others -- to staff?
·3· · · A.· It was concerning one of the staff people and his
·4· personal life with his wife.
·5· · · Q.· And how did -- Do you recall how you became aware
·6· of that?
·7· · · A.· It was brought to my attention.
·8· · · Q.· By whom?
·9· · · A.· It was reported to a supervisor who brought it to
10· my attention.

My data is given to sadistic rapists and gang members with cellphones. Descriptions of our sex lives, my wife’s body and suggestions that raping Evelyn “in the a** with a big black d***” (her exact words, sorry) would cause my wife to leave me for a black man, were daily events.

03/15/12 60:12 Mr. Giovacinni questioning Officer Inguerson, internal affairs.

12· · · Q.· Well, during any discussion that you had --
13· And I’m trying to be as broad as I can.· During
14· this conversation that we’re talking about, did
15· Mr. Spector complain to you that Ms. Harrington was
16· revealing personal information about inmates -- about
17· the staff to the inmates?· Did he complain to you about
18· that?
19· · · A.· He made that allegation, yes, sir.

The abuse was reported. This officer discussed my interview in detail with SRN Beach (in the record) and she knew who was circulating the Hate Letters, abusing my patients (including the murder attempt) and giving our information to inmates. He had a duty to act but punished me for accurately reporting the violations (an LOI leading to pay loss) and allowed the abuse to continue, RN Harrington's 2007 confession ignored.

I was fired for reporting Torture, attempted Murder and other violations that the DON, SRN’s, Custody Officers, the real EEO Officer and ERO Clemmensen already knew about.

Officer Clemmensen claimed to have found a document "misfiled" in my file showing a long criminal history and fired me primarily for that. I was also charged with 4 minor violations, 2 Code of Silence- a, b and 2 sleeping on duty- c, d. I will touch on these first.

a A Code of Silence violation for not knowing who put one of RN D’albro’s Signed Hate Letters on a desk. SRN Beach confirmed they were given to “everyone” all at once and circulated “widely”. Like snow or feathers:

03/12/12 64:17 Mr. Giovacchini questioning SRN Beach·
(B19 is one of the Signed Hate Letters- see reports of violations)

17· · · Q.· All right, Ms. Beach, I'm going to ask you to
18· take a look at Exhibit B. 19· · ·
A.· Yes, sir.
20· · · Q.· Have you seen this document before?
21· · · A.· Yes.
22· · · Q.· When have you seen this document last?
23· · · A.· I don't know.· I believe the day it was written
24· or the day -- she gave it to everybody all at once.· I
25· mean, she gave it to everybody at the same time.
·1· · · Q.· That's Ms. D'Albro did?
·2· · · A.· Yes, sir.
·3· · · Q.· Oh, who did she give this to?· You said
·4· everybody.· Who did she give it to?
·5· · · A.· I believe she gave a copy to me and a copy to
·6· Ms. Marano who was an SRN III at the time.· Probably Ms.
·7· Requa and myself.
·8· · · Q.· And the other name I didn't hear.· Probably?
·9· · · A.· Ms. Requa, R-E-Q-U-A.
10· · · Q.· Okay, Requa.· Do you know if she gave it to
11· anybody else?
12· · · A.· It was circulated widely.
13· · · Q.· Okay.· By Ms. D'Albro?
14· · · A.· Yes, sir.

Letter of 07/12/08 SRN Morrisroe to DON Joy- I am misquoted as saying someone “handed” the letter to me, a deliberate lie. She admitted to this on the stand:

Mr. Giovacchini questioning SRN Morrisroe 11/22/11 29:15 - 30:24

15· · · A.· I don't remember.· But I want to add that I am
16· very meticulous and anal about my documentation when I
17· write specifics, so.
18· · · Q.· Were you meticulous on the last memo where you
19· used the word, gave, gave and then handed?· Were you
20· being meticulous at that time too?
21· · · A.· Gave, gave and handed?
22· · · Q.· Yeah, on R-3 that we just went through.
23· · · A.· Well, in my honest opinion, I don't really see a
24· big difference if somebody gave and handed.
25· · · Q.· Oh, well, I mean, if someone handed it to,
1· there's kind of an inference it's face-to-face, right?
·2· Wouldn't you assume that, so that you would know who it
·3· was that was handing it to you?
·4· · · A.· Well, in my own preference --
·5· · · Q.· Right.
·6· · · A.· -- of words, that when I use it, when I say
·7· gave, it's someone handing it.
·8· · · Q.· Okay.
·9· · · A.· Giving it to someone else.
10· · · Q.· All right.· So when you wrote gave, gave and
11· handed on R-3, you didn't mean to imply by that that
12· Spector received it face-to-face and therefore must've
13· known.· You didn't mean to imply that; is that correct?
14· · · MS. CLEMMENSEN:· Objection, misstates testimony.
15· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Overruled.
16· BY MR. GIOVACCHINI:
17· · · Q.· Is that correct?
18· · · A.· Can you repeat the question again?
19· · · Q.· Yeah.· Since gave and handed meant about the
20· same thing to you, you didn't mean to imply by the use of
21· those different terms, you didn't mean to imply by that
22· that Mr. Spector saw the person face-to-face at the time
23· of handing, correct?· You didn't mean to imply --
24· · · A.· I don't remember.

“when I say gave, it’s someone handing it” She created a violation by misquoting me, supporting the Code of Silence and an excuse for not investigating more Hate Letters, this one signed:

Mr. Giovacinni Questioning SRN Morrisroe 11/22/11 25:8 - 26:21

·8· · · Q.· Aside from this meeting that you and Ms. Marano
·9· had with Mr. Spector, which as I understand is documented
10· in this document.
11· · · A.· Yes.
12· · · Q.· Aside from the meeting with Spector, did you do
13· anything else to try to find out whether Spector in fact
14· did know who gave him this letter?
15· · · MS. CLEMMENSEN:· Objection, asked and answered.
16· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Overruled.· You
17· can respond.
18· · · THE WITNESS:· No.
19· BY MR. GIOVACCHINI:
20· · · Q.· All right.· Did you ask Ms. D'Albro who did she
21· give this letter to?
22· · · A.· Let me think.· No, I didn't ask her, but I
23· believe from Ms. Marano, from what I remember, she got it
24· from Ms. D'Albro.· She received it from Ms. D'Albro.
25· · · Q.· Let me see.· Because it's addressed to Ms. --
·1· · · A.· Right.
·2· · · Q.· -- Marano, right?
·3· · · A.· Right.
·4· · · Q.· Okay.· Now, aside from that then, did you ask
·5· Ms. D'Albro whether she gave it to anybody else other
·6· than to Marano?
·7· · · A.· No, I did not.
·8· · · Q.· No.
·9· · · A.· No.
10· · · Q.· Did you ask Ms. Marano -- well, did you ask Ms.
11· Marano whether she gave this letter to anybody?
12· · · A.· I don't remember.
13· · · Q.· All right.· Now you said that if you had the
14· name of the person who gave Mr. Spector this letter, that
15· that would allow you to do more follow-up, right?
16· · · A.· Yes.
17· · · Q.· All right.· And you admit that he said three
18· times in a row he did not know and he never promised to
19· have said that he knew, right?
20· · · A.· Yes.

No investigation for RN D’albro. The Hate Letters just kept coming. Similar to Raciest hate Letters to Asians in 2007- no investigation.

The SRN’s knew all about the Letters, I should not have been punished for finding and reporting one. Everyone who protected RN D’albro violated EEO Policy.

I was also charged for not giving SRN Morrisroe the name of the RN who informed me of RN. D’albro’s Hate Meetings. In fact, I did give her the name but was required by Title 15 to first assure the safety of my co-worker, RN Fleming.

As in RN Schrader’s case, staff who reported violations by RN’s Harrington or D’albro were harassed, inmates were given our address and other intimidations performed. RN Flemming had committed no wrongdoing and was a single mother. I now regret giving my supervisors her name as she was soon out of work. The long hate meetings she reported continued unabated.

Mrs. Clemmensen also charged me with sleeping in the Nursing Station of the Hospital. I had red eyes from pepper gas and this was supposed to mean I had been sleeping. Mrs. Clemmensen hired SRN Allen out of retirement to testify for 2 days about this.

In order to make it stick, they were forced to change the location to the aria so SRN Allen could stand over me as she had testified. This obvious lie led to the creation of the “nursing sub-station”, an imaginary place (at least when I worked there) that failed to fit the location SRN Allan initially gave, had no call lights and other problems.

They also testified that pepper gas did not cause red eyes. That is contrary to all published literature I can find, there have been cases of blindness documented.

d Sleeping in the MHCB the shift I reported RN D’albro’s neglect of her suicidal pt’s and falsification of medical records. Her excuse was that I was sleeping and could not have seen her neglect. Her later admission that she was not even in the building is telling. She also told SRN Morrisroe that she missed all her rounds. Her location, for 1.5 hrs. in the middle of the night, at a prison with 6,000 male inmates, remains unknown.

Mrs. Clemmensen uses the “sleeping excuse” to fire me but hid the memo it was based on as it supported me. I noted the danger before the other wide awake RN’s on duty. My charting, every 15 min., is complete and most of my peers, seated about 10 feet from me, reported I was not sleeping.

RN D’albro resigned pending adverse action for her neglect on that night, as well as insubordination and other unethical activity. I documented the plan to cover up RN D’albro’s violations with false accusations and 2 RN’s did just that, accusing me of sleeping. RN Gruenfeld also said she had seen RN D’albro doing her rounds when she was not in the building, an impossibility. RN Olsen did no better.

The Secret Arrest Record

Mrs. Clemmensen based her NOAA primarily on a suspect DOJ Pre Hire Background Check. Her misuse of this data is extensive and continuing.

The person ERO Clemmensen said did the scan, Mrs. Wilson, didn’t, the prints used are unknown, the lost and found story unbelievable. Keeping it a secret for years was a Constitutional Violation, ERO Clemmensen’s plethora of excuses all false, many ridiculous.

Officer Clemmensen's "official secret" documents are missing data and contain false information. ERO Clemmensen falsely testified she tried to verify it but did not. Its use was for a pre hire background check only- another DOJ violation.

I was Live scanned at CMC prior to being hired. It was a duplication of effort. The same scan at Atascadero State Mental Hospital 1 year prior had showed no arrests as had many before that.

I was fired primarily for having a long criminal history, based on information ERO Clemmensen “lost” in 2007, than “found”, than hid. When the FBI agreed her data was false, the charge should have been dropped. Instead the data was given to my next employer, who fired me based on it.

It starts with a violation of DOJ storage requirements:

03/13/12 59:3 officer Clemmensen testifying

11· · · Q.· All right.· Okay.· Why did CMC wait so long to
12· decide to terminate Mr. Spector for a report that it had
13· received back in 2007?· Why the delay?
14· · · A.· This was inadvertently filed in his official
15· personnel file, and when I was reviewing the official
16· personnel file for the adverse action as part of my
17· regular and customary duties, I found the report in
18· there, and I brought it forward and discussed it with the
19· hiring authority and in the 402/403 conference.

This was the first time I was told she had lost my paperwork, another privacy violation.

Mr. Giovacinni Questioning Officer Clemmensen 03/13/12 59:3

·3· · · Q.· Okay.· Well, how did you come by this document,
·4· Exhibit 8?· How did you acquire it?
·5· · · A.· This came to us from the Federal Bureau of
·6· Investigations, and it lists Paul Spector.
·7· · · MR. GIOVACCHINI:· Move to strike.· How did you
·8· personally come into contact and possession of this
·9· document?· You personally, Exhibit 8.
10· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Okay.· I will
11· strike her prior testimony as nonresponsive, and --
12· · · THE WITNESS:· This came to me from the testing
13· office.

This was in 2007. She found it misfiled in 2009 so she lost my Confidential DOJ data, including SS#, DOB, and Address even before RN Harrington’s confession in 2007. I was not informed.

Even if she lost it, she had my name. Why not stop the criminal at the gate and escort them off prison grounds? Or tell someone, perhaps the Warden or the DON. Her story is false and there is no explanation of how the changes on the document occurred.

14· BY MR. GIOVACCHINI:
15· · · Q.· And after your receipt of this document, did you
16· do anything to determine whether the information on this
17· document is correct?
18· · · A.· I reviewed this document and reviewed the
19· applicant’s name, the applicant’s address, the
20· applicant’s date of birth, and the date submitted, and
21· determined that because it’s a Live Scan submitted via
22· fingerprint card that this is the person that was
23· submitted, Mr. Paul Spector.

In 2007 she reviewed the name, address, DOB, SS#, and date. Did Officer Clemmensen, an expert with 30 years of experience in arrest records, miss an extensive arrest record? Why would anyone be allowed to work in a high security prison if they had a long terrorist arrest record? I was allowed to work because, just as with previous State, Federal and civilian jobs, there were no arrests in the initial background check.

This explained why Officer Clemmensen would lie about verifying the data and violate the Constitution, State and Federal Laws by misusing and keeping it a secret. Officer Clemmensen's false reports that I had "confessed" to crimes that never happened, arrests that she refused to show me and that I could know nothing about reflect the dishonesty involved in every charge. She had seen the original report and must have known I had no arrest record.

Next misinformation on the Live Scan:

Questioning ERO Clemmensen on 03/13/12 37:10-15

10· · · Q.· Okay.· All right.· And do you know which person
11· in that office ran this particular Live Scan?
12· · · A.· Ms. Wilson who testified in this case regarding
13· that.
14· · · Q.· That’s the lady here yesterday?
15· · · A.· The last time we had the hearing.

Mr. Giovacinni Questioning Mrs. Wilson (Records Dpt.) 11/22/11 258:11-14

11· · · Q.· Do you know if Mr. Spector submitted his own
12· fingerprint at the time this request for a live scan was
13· submitted or electronically submitted?
14· · · A.· No.

It may not have been my print, that would explain a lot.

Mrs. Wilson (Records Dpt.)
11/22/11 269:1-6

·1· · · Q.· Okay.· All right.· Do you remember ever deleting
·2· Mr. Spector's fingerprint from the computer after signing
·3· for receipt of this document?
·4· · · A.· No.

My prints were retained in a computer ERO Clemmensen had access to. Continuing privacy violations.

·3· · · Q.· Okay.· So in the taking of Mr. Spector’s, do
·4· you -- Strike that.· Do you know if you were the person
·5· that took Mr. Spector’s Live Scan?
·6· · · A.· I don’t know.

Who ran the lost and found DOJ background check and whose fingerprints were used? Is that a secret too?

Mrs. Clemmensen has extensive experience and specialized training in this aria. She should have known this document was unreliable, to say the least. It's use was for a pre-hire background check anyway and she used it to fire me, another violation.

03/13/12 8:25-9:25 Mr. Barlow questioning Mrs. Clemmensen

25· · · Q.· And how are you familiar with the CLETS process?
·1· · · A.· I started when I started with the Department in
·2· the ‘80s in the records department.· As part of the
·3· records department, we run CLETS to gather rap sheets for
·4· all the inmates housed within the Department of -- within
·5· the California Men’s Colony, which is approximately at
·6· any given time 7,000 inmates both at East Facility and
·7· West Facility.· So that was one of my main jobs when I
·8· first started was running the CLETS for the inmates, and
·9· I would also be tasked with running the CLETS for
10· visitors coming in.
11· · · So I was getting rap sheets for visitors as well to
12· make sure that they didn’t have any outstanding warrants
13· or felonies that would preclude them from coming into the
14· institution.· And as I said before, then several years
15· later in 1999, I became the CLETS Coordinator and I was
16· the CLETS Coordinator through 2005.
17· · · Q.· And did you receive any training regarding
18· becoming a CLETS Coordinator?
19· · · A.· I receive specialized training not only from the
20· Department of Justice, but I also receive specialized
21· training at the San Luis Police Department and from the
22· Santa Barbara County Sheriff’s Office because the San
23· Luis Obispo County Sheriff’s Office was what was called
24· our hub agency for the CLETS terminal.· So they were
25· responsible for what we did on the CLETS.

My real live scan was returned to CMC in 2007, extensively reviewed by Officer Clemmensen, an expert, and I was cleared to work.

This was investigated by the FBI and Wa. State Patrol - there were no arrests. I was not in Wa. State at the time and am not a terrorist.

Officer Clemmensen misused the data in numerous ways:

1 My pre hire background check for for that use only. I had consented to the Live Scan for that reason only and should have been destroyed after that use.

2 She failed to inform me when my Confidential Data was lost. A breach of privacy at a State Prison is serious, a report mandated.

3 ERO Clemmensen kept the data "secret", (along with a letter and a tape recording), violating Due Process. It was not in my Adverse Action, and Officer Clemmensen refused to show it to me at my Skelly Hearing or pre trial hearing and only parted with it reluctantly in late 2011 when a Judge ordered her to.

4 Mrs. Clemmensen’s failure to verify the arrests (despite her initial testimony to the contrary), as well as her many and changing excuses for keeping it from me, indicate she knew it was unsupported, could not be used to fire anyone and was probably planted.

5 Officer Clemmensen supported an unethical Code of Silence by removing the Witness to Abuse of Mental HealthPatients, Drug Theft and other violations.

When an officer falsely accuses an innocent person of confessing for the purpose of covering up Torture, Drug Theft, Hate Crimes and Abuse, those responsible should suffer Adverse Action. This activity is now well documented.

11/22/11 214:6 discussion with Judge Sobolewski

6· · · MS. CLEMMENSEN:· The rules regarding Skelly are very
·7· clear that it is to enable the Appellant to provide a
·8· defense to the charges.· And in this case, the Department
·9· alleged that Mr. Spector had been arrested on two
10· occasions.· Mr. Spector clearly knows whether he was
11· arrested on those two occasions or not.· And during --
12· the state will show evidence that Mr. Spector admitted to
13· those two arrests

She provides no such evidence, her Skelly notes have no mention of any confessions. I wonder if other innocent persons have "confessed" to this Officer. This needs to be reviewed as there could be hundreds of innocent Americans, veterans, and professional RN's convicted by similar false accusations. Some may be in prison.

Officer Clemmensen hid the report from me in violation of DUE PROCESS. She attempts to get around this by saying I didn’t need it because I had conveniently confessed! No documentation, the "crimes" are imaginary, and I would never confess to crimes I didn't commit.

It was a “Hail Mary” pass that didn’t work. She gets to convict me of anything and not need any evidence because, according to her, I confessed. A misuse of her official position.

She never presents any confession. I wouldn’t have known what to confess to, she was keeping the document from me. She later includes sleeping in my confessions as they are unable to prove that either. She is trying to keep me fired to cover up her participation in a Code of Silence Violation that could get her fired or even jailed.

The fallowing testimony details Mrs. Clemmensen’s unethical attempts hide a Constitutional Violation. She changes her original, true statements in such a way that my interests are harmed. She starts with the truth:

11/22/11 210:4

·4· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Okay.· And I
·5· also understand from what you're telling me that the live
·6· scan document was not provided to the Appellant.· Has the
·7· Appellant been provided that document at any time between
·8· then and now?
·9· · · MS. CLEMMENSEN:· No, Your Honor.
10· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Okay, so the
11· first time counsel or Appellant has seen the live scan is
12· today, right now?
13· · · MS. CLEMMENSEN:· As far as I'm aware of, yes.

Two times Officer Clemmensen denies ever showing me her secret FBI document. She will change her story multiple times.

11/22/11 212:17
17· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Do you have a
18· recollection of any discussion at the Pre-Hearing
19· Settlement Conference about the live scan document?
20· · · MR. SPECTOR:· It was never shown to us.
21· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Did you see a
22· copy of the live scan document?
23· · · MR. SPECTOR:· No, sir, I did not.

We all agree, I was never shown the lost and found FBI report.

ERO Clemmensen changing her story:

11/22/11 210:16 Discussion with Judge Sobolewske

16· -- what I do believe from the pre-hearing settlement
17· statement, we discussed it and I did show him a copy of
18· that during the pre-hearing settlement.· In fact, I am
19· sure that I showed him a copy of it because then they
20· showed us documents related to further follow-up that
21· they had made.· We were going back and forth with
22· settlement information --
23· · · MR. GIOVACCHINI:· Objection.
24· · · MS. CLEMMENSEN:· -- and we showed that -- we showed
25· this document back and forth at that time.
·1· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Was the live
·2· scan document even listed on the Skelly list of
·3· documents?
·4· · · MS. CLEMMENSEN:· No, it was not, Your Honor.· But it
·5· was something that Judge Paseroff, I believe --
·6· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· Krestoff?
·7· · · MS. CLEMMENSEN:· Krestoff, thank you, wanted to see
·7· · · MS. CLEMMENSEN:· Krestoff, thank you, wanted to see
·8· and I showed him the documents.· He showed it to opposing
·9· counsel and then he also showed me the documents that
10· they had regarding the arrest.

Now she did show me but has no documentation. Just her word. Next she presents the DOJ excuse:

03/13/12 16:2

·2· · · Q.· Okay.· And did -- who prepared the what’s called
·3· the Skelly package to go along with that adverse action?
·4· · · A.· I did.
·5· · · Q.· And did you include the document that’s been
·6· marked as Respondent’s Exhibit 8 in the Skelly package?
·7· · · A.· No, I did not.· Based on my training, I did not
·8· provide that.
·9· · · Q.· Okay.· And I’m just going to ask you to explain
10· that.· Why didn’t you include that document?
11· · · A.· Since I started in the ‘80s with the Department
12· of Corrections, I have been trained that the Department
13· of Justice and the -- legally under the Penal Code we are
14· not allowed to give copies of the rap sheets to anybody.
15· We refer the individual to obtaining copies of their own,
16· but we cannot legally give them copies of the rap sheet,
17· and that was both when I was working in records, and as
18· the CLETS Coordinator and in my training as an ERO,
19· Employee Relations Officer.
20· · · Q.· Did you participate in the Skelly hearing that
21· was held for Mr. Spector?
22· · · A.· Yes, I did.· I was the note taker.

Her actions conflict with my Constitutional rights and DOJ rules allowing it to be given to authorized persons, which I was. She even failed to list her primary document on the Skelly Document List. The one she approved in 2007, found misfiled and containing false data in 2009, lied about verifying and kept "secret".

Mr. Barlo, a lawyer also representing the state, Questioning Officer Clemmensen on 03/13/12 31:4 - 32:4

·4· · · Q.· Okay.· Now did Mr. Spector ever indicate to you
·5· at any time after the Skelly hearing that he had obtained
·6· the rap sheets for himself?
·7· · · A.· In August of ’09, Mr. Bricker wrote me a
·8· letter -- I mean Mr. Bricker -- I’m sorry.· In August of
·9· ’09, Mr. Spector wrote me a letter because he was upset
10· at me and regarding a job that he had applied for at PG
11· and E, and in that letter of August of ’09, he indicated
12· that he had received his FBI rap sheet on his own.

I sent her a copy of my real rap sheet, showing no arrests. She continues to use her false data to fire me and keep me from working.

When the DOJ changed the rules clearly allowing her to give any subject the document, she still refused:

Mr. Giovacinni questioning ERO Clemmensen 03/13/12 77:9 - 79:10

·9· · · Q.· Okay.· Now why did you -- Now you claimed that
10· you showed Mr. Spector this rap sheet, Exhibit 8,
11· Respondent’s 8, at the pre-hearing settlement conference.
12· Do I have that correct?
13· · · A.· Yes, sir.
14· · · Q.· And that pre-hearing settlement conference
15· occurred when?
16· · · A.· I believe it was either June 21st or June 22nd,
17· 2010.
18· · · Q.· My understanding of the testimony yesterday from
19· I believe her name was Ms. Williams was that the DOJ
20· policies changed in March of 2010; is that correct?
21· · · A.· Yes.· But the institutions weren’t notices until
22· June 21st, 2010, when a statewide memorandum went out.
23· · · Q.· All right.· Did you provide Mr. Spector with a
24· hardcopy of the rap sheet on Mr. Spector at that time?
25· · · A.· As he had already told me in August of ’09 that
·1· he had received it, I did not see a need to provide him
·2· with a copy at that time.
3· · · Q.· But he said he was --
·4· · · ADMINISTRATIVE LAW JUDGE SOBOLEWSKI:· At that time is
·5· when?
·6· · · THE WITNESS:· June 21st when the statewide memorandum
·7· went out that said we could now provide rap sheets to
·8· employees.

This excuse, like the “confessions” relies on no documents, just her saying I had it despite her keeping it "secret" and the fact that it was unique, missing data and very different from my real FBI rap sheet. She didn't want me to see the fake copy.

·9· BY MR. GIOVACCHINI
10· · · Q.· All right.· When did Mr. Spector say he had
11· received one?
12· · · A.· August 2009.
13· · · Q.· And did he say -- did he say that he had received
14· a document -- What was it that he received in August of
15· ’09, the rap sheet that is reflected on Respondent’s 8 or
16· did he receive a rap sheet that he had run it himself or
17· some other document?
18· · · A.· He said he had received the FBI rap sheet in a
19· letter that he had written to me regarding concerns about
20· PG and E.
21· · · Q.· So it was one that he had obtained from some
22· source other than from the CMC; is that correct?
23· · · A.· That is correct --
24· · · Q.· Okay.
25· · · A.· -- based on the information we gave him as to how
·1· to obtain it himself.
·2· · · Q.· All right.· And at that time when he told you
·3· that he had received this document from the FBI, did he
·4· represent to you at that time that it was his
·5· understanding that he had a clean record or was he
·6· telling you at that time that he received a document from
·7· the FBI confirming that, in fact, he had been arrested?
·8· · · A.· I don’t recall that he said either way.· Just
·9· that he informed us that he had received the FBI rap
10· sheet.

She now excuses her refusal to provide a copy of her document to me because she says I have it, she just doesn’t recall if it was the same document. She kept her "secret" report a secret, intentionally continuing the Constitutional Violation for years.

Mr. Giovacinni Questioning ERO Clemmensen 03/13/12 79:11

11· · · Q.· And then later at the -- It was later that you
12· had the pre-settlement conference; is that correct?
13· · · A.· Yes, sir.· As I stated, it was in June of 2010.
14· · · Q.· And at that proceeding, he didn’t have a rap
15· sheet from the FBI indicating that he had a prior arrest.
16· He had a document, which you understood, to reflect the
17· record had been removed or expunged because it was so
18· old; is that correct?
19· · · A.· I saw the rap sheet that he had from the FBI and
20· the arrests were no longer on there.· At the time we did
21· it, they were on there.
22· · · Q.· All right.· The only reason -- As I said, the
23· only reason -- You state that the only reason that you
24· didn’t give Mr. Spector a copy of Respondent’s 8 after
25· March of 2010 was because you believed he had an FBI
·1· document showing the same arrests?· Is that your
·2· position?
·3· · · A.· No, sir.

She says no but changes it to- “I have no way of knowing he didn’t have the original”- so, in this case, no means yes.

·4· · · Q.· Okay.· Why didn’t you give Mr. Spector a copy of
·5· Respondent’s 8 at any time after March of 2010 and prior
·6· to this -- the production at this proceeding?
·7· · · A.· March of 2010 when the Department of Justice
·8· changed their policy, we were not informed as the
·9· Department of Corrections until June of 2010
10· · · Q.· All right.· Thank you.
11· · · A.· And after that time, he had already obtained his
12· own copy of the FBI rap sheet.
13· · · Q.· But you did not know whether it agreed or
14· disagreed with the one that you had, Respondent’s 8,
15· though, right?· Let me ask you this, okay, Exhibit 8 is a
16· DOJ report, right?· Is this from the Department of
17· Justice?
18· · · A.· No, sir.
19· · · Q.· Where is it from?
20· · · A.· As I stated, it’s an FBI rap sheet.
21· · · Q.· Okay.· Now Mr. Spector said he had obtained an
22· FBI rap sheet, right?
23· · · A.· That is correct.
24· · · Q.· Did you see his FBI rap sheet?
25· · · A.· I saw the copy that he presented at the June
·1· 2010.
·2· · · Q.· And that was not the same as your Respondent’s 8;
·3· is that correct?
·4· · · A.· At the time at the June 2010 hearing, there were
·5· no arrests because he said he got them removed.
·6· · · Q.· All right.· So the document he had and showed you
·7· at that proceeding was not the same one that you had,
·8· Respondent’s 8.· They were different.· His showed no
·9· arrests.· Yours did; is that correct?
10· · · A.· Yes, sir.
11· · · Q.· (Inaudible).
12· · · A.· But I have no way of knowing that he didn’t have
13· the original one because he got those removed.
14· · · Q.· All right.· You had no way of knowing, and so my
15· question is why didn’t you at some period thereafter give
16· him a copy of Respondent’s 8?

She refused to gave me a copy. I was prevented from fighting her false accusations of being a criminal. She reviewed my background check in 2007, already knew the charges were false and was preventing me from responding.

Her statement “I have no way of knowing that he didn’t have the original one” is a lie. I had no copy because she repeatedly refused to give me one. For years.

7 Washington State, the Federal Government and the FBI all confirm that no arrests took place. Mrs. Clemmensen testified to calling Wa. State to verify the arrests, obtaining no verification, but using the false data anyway. In court she attempts to hide this but is finally pinned down:

Tom questioning Officer Clemmensen 03/13/12

· Q.· I’m sorry.· Could you repeat that?
24· · · A.· I called the Sheriff’s Office in Tacoma to verify
25· the arrests.
1· · · Q.· And what did he or you do to verify?
·2· · · A.· That’s where I found out what UPODD stands for.
·3· · · Q.· Okay.· So you had a telephone conversation with
·4· the sheriff in Tacoma?
·5· · · A.· Yes, sir.
·6· · · Q.· And what exactly did he say?
·7· · · A.· I read him the arrest and what would a violation
·8· of game laws entail and what was the charge of UPODD.
·9· · · Q.· And he told you.
10· · · A.· And he told me, yes, sir.
11· · · Q.· Anything else discussed with the Tacoma sheriff?
12· · · A.· No, sir.
13· · · Q.· Did he do anything to determine whether or not
14· the report of this arrest in Tacoma, or both, the two
15· arrests in Tacoma, did he do anything to verify there in
16· Tacoma whether or not they had a record of either one of
17· these two arrests?
18· · · A.· No, sir.
19· · · Q.· Did you ask him to?
20· · · A.· No, sir.

She called to verify but just asked about UPODD? With 30 years of training and experience, why did she use time and equipment to call Wa. State but fail to ask if the "misfiled", changed arrest record was real? When I called, I found there were no arrests, ever. I found the definition of UPODD on the internet, first try, no 30 years experience needed.

Mr. Giovacinni Questioning ERO Clemmensen 03/13/12 69:4

·4· · · Q.· All right.· In your experience, is it possible
·5· for Mr. Spector either -- for Mr. Spector to, in fact,
·6· have been arrested on these two items and then years
·7· later those arrests records are no longer in existence
·8· and no longer accessible?· Is that possible?
·9· · · A.· The arrest records from 1969 and 1970 to no
10· longer be available in the State of Washington?
11· · · Q.· At the time of his application for employment, is
12· that possible?
13· · · A.· They are still available because they were
14· still matched up via fingerprint cards on the FBI rap
15· sheet.
16· · · Q.· Okay.
17· · · A.· So at the time of his application, they were
18· still there and he should have reported.

No documentation, just her word, which conflicts with the FBI and Wa. State. Like the confessions, verification, finding the records, naming the scan operator, the excuses for violating Due Process: every time her word proves lacking.

7 CMC and ASH have similar hiring requirements and anyone with such a long terrorist record would not be hired. My military record included intensive background checks and all agree, no arrests. Mrs. Clemmensen was aware of this but fired me anyway, removing the only witness to the Drug Theft.

8 The Ca. DOJ has strict requirements on the storage and use of DOJ Confidential Data. Mrs. Clemmensen testified that my DOJ reports were lost for about 2 years, apparently by her. She than claims she found them again to fire me. No explanation of where the original Live Scan I consented to is. No data on who, besides Officer Clemmensen, had access to my Confidential data or how inmates got material.

The EEO Officer gives many stories and contradicts herself frequently. I would be happy to go over the full hearing transcript in detail. There are so many contradictory statements from Officer Clemmensen that it becomes obvious early in the case that she has a personal interest in seeing me fired, despite the fact that her primary secret document is baseless. I have included only a few in this letter.

Officer Clemmensen violated so many DOJ, State and Federal privacy laws, rules and statutes, I could literally fill this page. A few examples would be:

The information practices act of 1977 1798.18, 1798.8-1798.84
Penal code sections 11140-11144 and 13301-13305. 31140.5.1 CDCR Operations Ma. Employee Duty to Cooperate, point 2 in particular
Numerous Title 15 violations (see security, contraband, harassment)
CDCR Code of Silence violations, EEO rules
Using a DOJ document for reasons other than the one it was produced for.
Failing to notify me that CMC had lost my Confidential data (including SS#, DOB, Arrest Records, etc)
Constitutional Due Process (Skelly Violations).... the list goes on....
See DOJ “Use of Applicant Criminal Offender Record Information” - Attached to every DOJ supplied Live Scan result.
CDCD Operations Manual is very clear- see 31010.3 EEO Policy and the associated pages.

9 I was fired in an effort to cover up a Torture Chamber. Misuse of my DOJ data to this end exposes the perpetrator to charges of aiding and abetting torture. I have over 30 years professional experience. The drug theft, the first I have ever reported, was obvious and witnessed. It happened. Even the cover up, firing me, was bungled.

10 After Mrs. Clemmensen fired me using false secret documents, I did extensive job hunting. I was hired as manager of the Emergency Response Medical Unit at the local PG&E power plant. I passed their extensive background check also, but was fired as a result of data from Officer Clemmensen’s secret lost and found DOJ document.

According to PG&E, it was official Law Enforcement data from CMC. Another violation of Confidentiality and DOJ rules, another Constitutional Violation.

I asked Officer Valenzuela to have Officer Clemmensen correct the data, as is required by law. He did not and I still want the false information retracted. All local and State Medical Facilities need a letter of correction.

She was required to send letters of correction to all institutions and persons given the false data. She has, so far, sent none.

During my discussions with Mrs. Clemmensen (pretending to be the EEO Officer) she told me that RN D’albro had also sent the Threatening Racist Hate Letters to RN’s of Asian Ancestry and been involved in the slashing of the Acasio’s tires on CMC grounds. Supposedly she also harassed a male Officer at the MHCB after being moved from the hospital for sending the Hate Letters.

After review of RN D’albro’s Signed Hate Letter and other documents, I found clear and convincing similarities between them and the unsigned Raciest Hate letters. Mrs. Clemmensen’s possible participation in other Hate Crimes needs to be investigated.

My Asian Peers are aware of the situation and are fallowing this case closely. They suspected RN D’albro but were told the perpetrator had not been caught. They are particularly concerned that current administrators were involved and ask that this be investigated thoroughly and promptly.

As even Signed Hate Letters were not investigated, a real investigation into all the Hate Letters, signed and unsigned, should be done. Be it targeting Male Nurses or Asian Nurses, CMC has demonstrated an inability to do this and outside investigators are needed.

SRN Beach’s description of the privacy releases:

Mr. Giovacinni questioning SRN Beach 03/12/12 34:1·

1· · · Q.· He was upset that another staff member had been
·2· searching the Internet.· Do you see that statement on the
·3· next paragraph?
·4· · · A.· Yes, sir.
·5· · · Q.· For facts about some staff that could be
·6· considered very private and then spreading gossip at work
·7· about it inappropriately.· Do you see that?
·8· · · A.· Yes, sir.
·9· · · Q.· Now, are those exactly Mr. Spector's words or is
10· that kind of like your summary of his words?
11· · · A.· It's a summary of the conversation.

Mr. Giovacinni questioning SRN Beach 03/12/12 37:5

·5· · · Q.· All right.· Was it only one person that was
·6· searching the Internet or more than one, if you recall?
·7· · · A.· No, I believe it was more than one.

Mr. Giovacinni questioning SRN Beach 03/12/12 48:20

20· · · Q.· Do you recall the names of any of the other
21· employees that you had heard about regarding this gossip
22· thing?
23· · · A.· Well, as I said earlier, there were two or three
24· personalities out there, they were pretty strong and
25· pretty volatile.· The only ones that I'm certain of are
·1· those.
·2· · · Q.· And what's their names?
·3· · · A.· D'Albro and Harrington.· There probably were
·4· others.· I don't remember.· I can't recall.

She knows who was looking us up on the Internet and giving our data to inmates. Mrs. Clemmensen fired me for reporting these crimes. Use of State Computers to gather Confidential data for release to inmates in support of Torture and Drug Theft was unethical, endangered the community and may have resulted in serious injuries.

From the Director of Nursing and her staff, from the EEO’s 2007 letter to the present, harassing the victim and anyone else who reported the violation’s is the rule, Officer Valenzuela's subordinates, Officer Clemmensen in the lead, the enforcers.

Evidence points to Officer Clemmensen’s involvement in a long standing Code of Silence violation. She denied me and many of my peers Due Process, used flawed “secret" documents and withheld information. Patient and Staff Abuse resulted. Some of the activities may include:

1 Supporting a Code of Silence.

2 Giving false testimony.

3 Refusing to stop harassment of Asian and Male staff.

4 Allowing RN Harrington to give contraband to inmates.

5 Preventing RN Higgens from honoring my subpoena.

6 Refusing me union representation at her 12/08/2008 meeting.

7 Using a lost and found document she failed to verify to destroy my career.

8 Authoring a false NOAA despite her conflict of interest and the false charges.

9 Violating my right to Due Process. Repeatedly.

10 Not informing PG&E that the "secret arrest records" were false.

11 Refusing to cooperate with Industrial Relations, creating a 6 mo. delay.

12 Refusing to investigate my written reports of Patient Abuse and other violations.

13 Allowing RN Harrington to violate her 2007 EEO letter.

14 Allowing RN D’albro to circulate Hate Letters.

15 Using baseless accusations to fire State Workers.

16 Mishandling Confidential DOJ and FBI data.

17 Pretending to be the EEO Officer.

18 Refusal to report EEO violations to the EEO officer.

19 Failing to report loosing my Confidential Data in 2007.

20 Releasing Confidential Data to unauthorized person’s.

21 Falsely accusing me of confessing to crimes.

22 Misuse of police powers.

23 Involvement in the coverup of Drug Theft on State Grounds.

24 Preventing me from getting unemployment.

25 Numerous State and Constitutional Violations.

26 Participation in Criminal Activity.

27 Participation in Inmate/Patient Abuse

28 Theft of my property (medical tools, books, pictures)

29 Violations of Title 15, CDCR Operations Manual, etc.

30 Misuse of Electronic Data Communications

31 Cooperating with solicitation of inmates to murder staff and their families.

32 Cooperating with Hate Crimes.

33 Failure to take adequate Skelly notes.

34 Failure to provide basic Skelly information to me.

Mrs. Clemmensen failed to cooperate with my numerous attempts to resolve this issue. My complaint to Industrial Relations is a good example. She waited over 6 months to reply to a simple letter. Her reply was evasive and filled with false information. My EEOC complaint was also sabotaged.

Using State Money to finance criminal activity. Mrs. Clemmensen spent 5 years on this, represented the State during a 7 day SPB hearing, using State funds. Other RN’s were also so treated (RN T. Higgens for one).

The result- inmate abuse, privacy releases, loss of numerous experienced RN’s and years of litigation was predictable. This is costing the State millions. Problems that should have been resolved in 2007 with RN Harrington’s confession and the Racist Hate Letters to Asians.

I have not addressed many other concern’s. Numerous male RN’s were harassed out of a job before and after RN Harrington’s 2007 confession. ERO Clemmensen cooperated in covering up for RN Harrington and RN D’albro’s crimes and may know the names.

From Religious Based Harassment and verbal abuse to Drug Theft, from anonymous Racist Hate Letters to Signed Hate Letters, from solicitation of inmates to harm Male Staff and our Loved Ones, to using false, secret documents to fire me and a blatant attempt to cause the death of an inmate, the list goes on.

The impersonation of the EEO Officer, the theft of my Confidential Report of Patient Abuse from Dr. Meyers mail box, giving false data to PG&E and telling them it was Official Police information.

Accusing me of threatening to bring a weapon into the prison and confessing to crimes that I did not do and to which I did not confess. All form a pattern with ERO Clemmensen in the middle.

Allowing data from our personal records to be given to inmates is criminal. We had no idea where RN Harrington was getting it but SRN Beach seems to know. Most of the data is not on the internet but corresponds exactly with that in our personnel files. An investigation may find that there have been injuries and deaths as a result.

ERO Clemmensen had access to our files. As yet I lack solid evidence that Mrs. Clemmensen was the source but it would be consistent with her pattern of mishandling my Confidential Data starting in 2007 and her false, deceptive testimony.

ERO Clemmensen’s Code of Silence has resulted in legal expenses of over 135,000 dollars and other expenses and suffering yet to be determined as her “secret documents” have never been corrected.

On 07/12/12 I was driving to work and was hit by a truck. The driver was covered in gang tattoos and gave an impossible story, the break line on his 50,000LB load appeared cut. The Officer who responded refused to call an ambulance or investigate possible connections between the driver and Officer Clemmensen or her boss Officer Valenzuela.

Paul Spector RN, EMT-P, CPT. USA-ANC Ret.

The Drug Theft

On 05/12/08 I saw Mrs. Ann Harrington RN enter the controlled medication locker in the Mental Health Crisis Bed (MHCB) medication room, her shift was over and the narcotics count done. She was off duty, should have turned her keys in and left prison grounds.

I saw her remove several items from the narcotics box. This is the only time in over 30 years of medical service that I have reported a drug theft.

The AM narcotics count discovered an altered package of Immitrex. This pack had been intact prior to Mrs. Harrington’s off-duty visit. The security seal was breached and 2 pills cut out from the center with scissors (a contraband object).

This backup pack was not in use. The pills are supposed to be removed by number, 1 to 9. They are designed to be pushed out, not cut out. There was a pack in use that would be accessed first. No inmates present were prescribed Immitrex.

Immitrex can produce Chest Pain requiring emergency transport off prison grounds. This drug would be in demand if an escape was planned.

The pack was replaced in its plastic sleeve and returned to the locker in an attempt to hide the theft. I reported the missing drugs to my supervisor, Mrs. Morrisroe RN, that morning, after a through search of the aria.

When I informed SRN Morrisroe that Mrs. Harrington RN was involved, she stopped the investigation. She told me that no followup was to be done and removed the evidence. In court, she denied knowledge of the theft. SRN Beach however remembered SRN Morrisroe telling her about it.

Mr. Barlow questioning SRN Beach 03/15/12 137:1616·
· ·
Q.· Very good.· Did you become aware of a theft of
17· drugs from the Mental Health Crisis Bed in May of 2008?
18· · · A.· I heard about it.· I cannot say that I had
19· firsthand knowledge, but I did hear about it, yes.
20· · · Q.· Okay.· And you heard -- Who did you hear it from?
21· · · A.· By I believe Ms. Morrisroe informed me

03/15/12 113:16 - ERO Clemmensen questioning SRN Morrisroe

16· · · Q.· Okay.· And to your knowledge, was this report
17· completed regarding -- Did any of the nurses -- To your
18· knowledge, did any of the nurses complete a report of
19· this kind regarding the alleged theft of Immitrex on
20· the -- on the 5/12 --
21· · · MR. BARLOW:· 12.
22· BY MS. CLEMMENSEN:
23· · · Q.· -- of 08?
24· · · A.· No.· Actually, I don’t have any knowledge of that
25· because I was not involved in that situation.· If I was,
·1· I would definitely have documentation on it, but I was
·2· not involved in that.
·3· · · Q.· Okay.· So that alleged theft of narcotics was
·4· never reported to you?
·5· · · A.· No.
·
After my report to SRN Morrisroe I was subjected to daily harassment by RN’s Harrington and D’albro. When my co-workers reported the harassment, they too were harassed, usually forced to resign or be fired.

Testimony that the drugs were “wasted” is false. Although RN’s may have signed them out as wasted, no combination of innocent errors would explain the facts. No documentation was presented and a full investigation may yet uncover the thief.

The Harassment- see my reports

Two nurses violated EEO and Title 15 frequently as documented in my numerous reports and the DON’s testimony (as well as RN Gruenfeld’s, SRN Beach’s and others)

My reports were ignored, the abuse allowed to continue. I was repeatedly told the situation was being “handled” but as the continuing violation’s demonstrate, that was not true. The problem existed before RN Harrington’s 2007 confession and ERO Clemmensen’s supposed loss of my Confidential data. The Code of Silence, including firing me and others, violated numerous regulations.

Attempts to harm my patient’s were allowed, Hate Letters (on CMC copy paper) circulated and Hate Meetings conducted on State Time. I and others documented this and informed supervisors, Custody Officers and the person representing herself as the EEO Officer, Mrs. M. Clemmensen, on a regular basis. We were punished, the violations continued.

No investigation of the inmate abuse, Hate Letters (signed and unsigned) or privacy violations was done despite CMC’s now well documented, in depth knowledge of the violations and the names of the perpetrators.

Mrs. Clemmensen refused to act. Despite Mrs. Harrington’s confession 6 months earlier, the unsigned Racist Hate Letters, RN D’albro’s signed Hate Letter, and numerous reports of abuse by staff, she allowed the violations to continue. In her letter of 10/05/2008, Mrs. Clemmensen even lists the violations she refuses to stop or report to the EEO Officer, an action mandated by CDCR Operations Manual.

Hate Letters

On 06/29/2008 I discovered a hate letter about me on a desk. I felt whoever put it there had wanted me see it. I was unaware that a large number had been made and circulated widely to everyone, as SRN Beach testified. It was signed by RN D’albro. Similar but unsigned hate letters were sent to Asian’s, the perpetrator not identified (2007).

Mrs. Clemmensen, pretending to be the EEO Officer, told me that Mrs. D’albro RN had written those notes also. No investigation into the Hate Letters was made. I was charged with supporting a Code of Silence for not knowing who put the letter on the desk.

SRN Morrisroe misquoted me as saying someone “handed” me the letter, making it look like I knew who it was. She later testified that she uses the word “handed” and “given” as interchangeable. By falsely quoting me, she was able to charge me with a Code of Silence violation.

Additional information from SRN Beach and other testimony documents that numerous SRN’s knew the signed Hate Letter was being circulated by RN D’albro. My inability to know who put the one I found on my desk was not needed to investigate the crime, contradicting SRN M. Morrisroe’s testimony excusing her failure to investigate the matter on me not telling her who “handed” me the hate Letter. SRN Beach’s testimony indicates SRN Morrisroe had herself been given a copy, well before I found one.

Release of Personal Information

Inmates were given our private data. This mirrored data contained in our personnel files, including erroneous data. The Director of Nursing, numerous SRN’s and ERO Clemmensen had knew of these activities. RN Harrington had already admitted to harassing RN Schrader (out of a job) and continued harassing male nurses out of our jobs with no adverse action.

Inmates were given our Social Security Numbers, phone numbers and birth dates. Our addresses, places assailants could hide in our yards, locations of windows, work schedules and driving times were released. They were instructed to harm us and our loved ones. Mrs. Harrington said she had been researching us on the Internet, her descriptions of our homes detailed and accurate. Reporting her led to further intimidation and job loss. In court, SRN Beach noted that RN D’albro had also been involved in the research.

Nurses who reported the violations, like RN Flemming, RN Beltz, RN Higgens, RN Schrader, RN Spector and others, were punished. ERO clemmensen SRN Morrisroe, Officer’s Kephart, Inguerson and Pembroke all told me it was “OK for her to release this information to inmates because she was getting it from the internet” They used the same exact words. The data is contraband, the intimidation a violation of EEO policy and constitutes inmate abuse.

RN Beltz, a Union Representative, complained about the privacy violations. His complaint’s, like mine, were ignored. RN Beltz suffered severe emotional trauma and retired. He had over 30 years of State Service. Our other Union Rep, RN Higgens (who was ordered not to honor my summons), was also fired but got her job back.

The reason I did not film the privacy releases was a ban on recording devices in the prison. ERO Clemmensen had an increased responsibility to stop the abuse as we were unable to video it ourselves. It would have been simple, the information heard in all arias of the MHCB unit for long periods, all Corrections Officers in the building able to hear her clearly.

Patient Endangerment

In June of 2008, soon after the Drug Theft, Mrs. D’albro RN refused to allow me access to emergency equipment I needed to resuscitate my patient. This abuse created a risk to his life. I reported it, the situation was not investigated. Mrs. Beaches letter of 06/26/2008 confirms my report. I gave the incident # to Dr. Meyers in a letter marked “CONFIDENTIAL” in red, that was taken from his mail.

The inmate, a multiple murderer weighing over 300 solid pounds with nothing to loose, was aware of this attempt to harm him and became enraged. RN Harrington than give him my wife’s address and phone number. Mrs. D’albro’s interference with my patient care continued and there were many more episodes of abuse.

If the inmate had died, CMC could have been penalized, his family could have sued and the inmates, who were well aware of the crime, could have rioted. CMC has a “No Hostage Policy” and State Workers were placed in danger. The massive privacy violations were reported by “everyone” per SRN Beach, but our supervisors, ERO Clemmensen in particular, refused to act.

The attempt to harm my inmate was made in such a way that it would look like I had forgotten the emergency bag. I was faced with the possible choice of doing mouth to mouth on a very contagious, violent patient or let him die.

Reporting this event did no good and the abuse of my patients continued unabated. This includes telling them false information on the medications they needed, the care they were getting and the Male Nursing staff providing that care.

Giving them our addresses was abusive. As I reported to Officer Inguerson, this could lead to violence should any of the inmates use the data to attack us or our loved ones. This has happened in the past, as in the case of the custody officer shot to death in his front yard by gang members on instructions from inside a prison. RN Poncelet’s wife was severely injured by assailants acting on instructions from prisoners and the CDCR’s web site lists other examples.

Other State Workers Fired or Forced to Resign

From RN Schrader to RN Higgens, numerous state workers were forced to tolerate the abuse, quit or be fired. Most were male nurses who reported RN Harrington's harassment but a few were females like RN Higgens and RN Flemming. At least 10 of us quit and 2 were fired. Others, like RN Poncelet, and RN Norton were forced to tolerate vicious harassment on a daily basis.

Documentation was given to nursing and corrections supervisors by male RN’s and a few brave female RN’s. Our Union Reps, Mr. Beltz RN and Mrs. T. Higgens, RN joined Mr. Schrader RN, Mr. Beltz RN, myself and many others who resigned, were fired or otherwise suffered for reporting violations. As SRN Beach Testified, everyone in the MHCB reported the violations.

Mr. Norton RN was escorted off the grounds for objecting to to Mrs. Harrington’s abuse. Mrs. Fleming was forced to quit after reporting Mrs. D’albro’s hate meetings. My Asian peers were severely impacted by the raciest Hate Letters and would benefit from seeing the perpetrators unmasked and punished. The list goes on and is surely more extensive than my knowledge.

The release of information to prisoners concerned male nurses. I first became aware of it in May of 2008 and it continued until RN Harrington was fired a year later. No investigation into the results of this disclosure has been done. Inmates may have used the data for illegal reasons, from identity theft to murder.

The misuse of “secret” supposedly official FBI data that turns out to be false ended my professional carrier. This is concerning and seems to be standard treatment for prison employes reporting abuse. the flip side would be creating clear FBI records in the name of mass murderers, gang enforcers and other criminals. This would circumvent the entire records keeping effort of the FBI. Homeland Security and other Law Enforcement Agencies use this data to stop Terrorists.

Sent from my iPad

Your rating: None
DALLAS TX DANIEL (not verified) on July 28, 2013 12:42 PM

its an endless war with prisons and jails someone really needs to do something no one cares cos are just doing their jobs who would really protest against their jobs no one wants to suffer from poverty .. plus when you get a kick out of being boss lol its never ending dude was at the job missing a head count causing a violation that's bullshit

Your rating: None

Leave a comment

Name
E-mail*
URL
Comments*