Judicial Anomy By Gary Lee Yarbrough
This article was written by Gary Lee Yarbrough, a Federal Prisoner at Florence ADX. He has been in Federal prison since 1984. He has done more time than most people who commit murder...his major charge was Rico, counterfeiting, and robbery. He has done way more time than the crimes called for. The BOP is not wanting his release because of his "political views," which we all have freedom to believe how we want to. He does not advocate violence, White Supremacy, or anything else that the BOP and Parole Commission claims he does. He is being denied medical care and program advancement. No matter his crimes, which he more than done the time for, the Bureau of Prisons is responsible for his care, while in their custody. He has suffered horribly during his time in prison.
Even though he is labeled the "criminal," the BOP has committed much worse crimes to try to break Gary Lee Yarbrough. This is his story and how the Bureau of Prisons has committed crimes to try to hold him in their chains. Gary wants this circulated as much as possible so that they will be held accountable for their actions. Here is his story:
In September 1989 I was assigned to the cable factory at the Marion, IL "SuperMax" prison. On September 29th, I was removed from the pre-transfer unit "B" and placed back into lockdown in E Unit. Two other men were locked up at the same time, Clay Barnette, and an Indian named Mason. The excuse I was given for this lock up was, "You were hanging around the wrong people.". That is the prison staff placed me in an extremely confined area, with dozens of other prisoners I would normally avoid contact with, and then claim there is some sort of "association" and "affiliation" with the "wrong people".....I had heard, via prison scuttlebutt, that Barnette and Mason were allegedly extorting the father of the movie star Woody Harrelson of "Cheers" and "Natural Born Killers" fame, who was in the B-unit at the same time. Harrelson played poker with Barnette and Mason. In 30 years of BOP custody I have never played cards nor gambled with anyone, it is against my moral standards. The prostitutes never tell me the true reasons for locking me down, they always fabricate an excuse and cover the real reason. It wasn't until years later, via "Freedom of Information Act" requests and searching for answers into the reasons I am so oppressed by the FBI and Bureau of Prisons S.I.S. staff, that I figured out why I was locked up that day in September 1989. I had been placed in Marion since November 19, 1987 and only had 5 months to complete the program and transfer to a lesser custody facility. That transfer was delayed by this set-back until Feb. 1, 1991, approximately 17 months (I was sent to U.S. Prison Leavenworth, KS).
What I am about to relate is the absolute tyranny and treachery of the U.S. Department of Justice, especially the Federal Bureau of Investigation, the Federal Bureau of Prisons, the U.S. Parole Commission, and, I am must include the Federal Judicial System, for there is no way these entities could do the malicious deeds they do and the courts be oblivious to it all. Everything I relate herein is the absolute facts of what has occurred to myself and others over the past 20 years.
At the time I was working in the U.S. Prison Marion cable factory, I had 3 co-defendants confined at the U.S. Prison at Leavenworth, KS: Bruce Carroll Pierce (Now deceased, according to the BOP, he slipped and hit his head and died as a result of that), Randall Paul Evans, and Richard Joseph Scutari. Also at U.S.P. Leavenworth was an, as yet unidentified prisoner, who became a "confidential source of information" (C.I.).
#1. For the FBI and U.S.P. S.I.S. (Special Investigations Services) This C.I. went to the S.I.S staff (Thomas and Pearce) informing them that there was an escape plot being planned by Bruce, Randy, and Richard. The S.I.S. informed the FBI of this information. The C.I. went to the authorities with this information and requested a transfer to a medium custody facility. I do not know if the C.I. requested to be sent to F.C.I Phoenix, AZ, but there is where he went. The gist of this "plot" was that my co-defendants would smuggle firearms into the prison and assault the rear gate, where co-conspirators on the outside would be waiting in an escape vehicle. With the aid of the FBI, there authorities were able to put a sting operation together utilizing yet another CI source on the outside to set up people for "aiding and abetting in attempted escape". According to the Freedom of Information Act (FOIA) requests obtained by me from 2007-2011 this escape plot investigation included me at Marion, IL. Staff at Leavenworth locked-up 9 inmates, including my 3 co-defendants and a number of Black Nationalist "Radicals". All were sent to Marion Supermax overnight. On September 29, 1989, I was removed from the pre-transfer unit to E unit under the artifice of "extortion and gambling". According to the FOIA data, I was removed from B Unit to E Unit "administratively," therefore, no incident report was written. Memo dated 10-5-89 from unit manager M.A. McElmurray, JR to me, which I never received and FOIA did not locate, I discovered in my 2009 Central File) Another FOIA document, a memo from Warden Clark dated 12-3-1990, RE: transfer request stated: "Sufficient evidence was not available to charge Yarbrough with an incident report". An incident report would provide a paper trail, evidence of their abuse of authority in locking me up on a bogus and fabricated excuse, so no incident report was generated, nor any other investigative report, according to FOIA technicians. Not only of the extortion and gambling accusations, but nothing to indicate a CI at Leavenworth, KS implicated me in an escape plot. The lack of such reports suggests a conspiracy between the S.I.S at two BOP facilities, plus the FBI, and likely the FOIA components. BOP staff portrayed me as a gambling and predatory inmate (with no evidence or justification).
The sting operation the FBI utilized to attempt to get-up individuals on the outside, using a CI was botched when the CI accidentally killed one of the intended sting victims. The CI was playing with a gun in the back seat of a car when it discharged, killing the front seat passenger (name unknown). This information came to me via FOIA request, in which all names and most of the facts were whited out. However, the FBI speculated that the passenger "was killed by other conspirators in the alleged escape plot who thought he was an informant". There was no need for speculation, the FBI knows their CI killed this man, but they speculate in order to cover for the CI and their own nefarious deeds. It gets deeper....
Pierce, Scutari, and Evans were kept in the Special Housing Unit (SHU or "The Hole") for approximately two years. I don't know if incident reports were written for attempted escape or any other reason to justify supermax placement. By the time they were released to regular population, I was back in pre-transfer Unit B awaiting transfer. I spoke to Bruce and Randy, both claimed no knowledge of any escape plot. Bruce stated that S.I.S told him there were two CIs noted as informants, not just one. He believed the second one to be non-existent, a cover for justification in the lock-up. BOP has plenty of inmates willing to lie for preferential treatment. I thought it interestingly odd that I was being sent to U.S. Prison Leavenworth, KS, where my co-defendants were just previously expelled from such a dangerous plot. It turns out that my co-defendants plotted nothing, and I was removed from the pre-transfer unit because my transfer had to be delayed in order for time to transfer the CI from Leavenworth to Phoenix, AZ. But, to move the informant to Phoenix , first required staff at Phoenix to transfer another prisoner from that facility, who could be a potential threat to the CI. That prisoner was Frank L. Silva, another of our co-defendants. Frank was at a medium security facility, and was due to parole soon. To transfer from a medium facility to a maximum facility at U.S. Prison Atlanta, GA requires some justification. I tried to obtain FOIA data on this, but was denied because I had no approval from Frank. And I could not obtain approval because I am restricted from communicating with my co-defendants. I am curious as to the fabricated excuse for the BOP staff to increase Frank's security from medium to maximum. To complete these 3 transfers, it took 17 months, and the involvement of S.I.S staff at 4 facilities: Marion, Leavenworth, Phoenix, and Atlanta, with the approval of 4 wardens.
Shortly after my arrival at U.S.P. Leavenworth, KS, a prisoner approached me with a news-clipping which stated that two prisoners were killed between the double fence perimeter barrier at FCI Phoenix, AZ. One of these prisoners was the CI (#1) from Leavenworth....he had smuggled in two 9mm handguns into the facility and implemented the escape he had claimed others were plotting. A shootout with the roving patrol occurred, and the two prisoners allegedly took their own lives (The other prisoner was Micky Clark). That is, this C.I. concocted a scheme whereby he could carry favor from the Federal Bureau of Prison Staff, including S.I.S and 2 wardens, plus the FBI to obtain a transfer from a maximum security facility with gun towers, walking, and vehicle patrols, to a medium security facility with no towers and only roving patrol so that he could implement the very escape plot he implicated other prisoners plotted. I took that news clip to S.I.S. Pearce, showed it to him, and asked him what he intended to do with the innocent men he sent to Marion, IL SuperMax. Pearce merely states that the news clip proved there was an escape plot. I agreed, and told him that he was a crucial element in that escape plot. This "CI" put Pearce and the FBI in a trick bag and popped it like a balloon! The FBI sting on the outside, as a result of this fabricated involvement of innocent men caused the death, accidental or otherwise, of another innocent man. I tried to obtain FOIA records, reports, etc from staff at Leavenworth and FCI Phoenix, regarding this whole fiasco, FOIA components claim it could not locate any records but did verify that the CI was deceased and therefore, I could obtain those records, if located by the BOP. The BOP released 2 pages, but I never received either....it gets deeper still....
I do not believe that some low life inmate at Leavenworth, KS implicated me, at Marion, IL as a participant in an escape plot he concocted at Leavenworth. Nor that staff at Marion would remove me from the program, which I had all but concluded with clear conduct. There seemed to be more plausible reason. Also, there is no way that the staff at Leavenworth would accept me at the prison after what they believed my co-defendants had attempted to do. I do believe that the FBI and SIS staff at Marion and Leavenworth conspired to send me to Leavenworth for one thing, to place me in close proximity to a prisoner serving there. That prisoner being, Thomas Haroldson, the son-in-law of Robert Miles, an extremely high profile patriot in the White Nationalist cause. Thomas Haroldson was also very active in White Nationalism, and like the Former Order members, doing time in Federal prison as a result. As previously noted, I arrived at Leavenworth prison on Feb 1, 1991. I was in open population only long enough to make the acquaintance of Haroldson and Douglas Sheets, another White Nationalist. All three of us were put in the hole on March 13,1991. Doug and I were separated from Thomas. The lock-up order claimed "escape plot investigation". I had been at the prison only 40 days! I remained in that hole for 4 months, until July 24, 1991. The lock up was accomplished at the request of the FBI, and as I believe, the removal from B Unit at Marion on Sept. 29, 1989 was. Again the BOP utilized the fabricated excuse of "escape plot investigation" for the lock-up. No one had implicated us in any escape plot, and we were never questioned about escape, and again, no incident reports. My FOIA request dated March 29, 2011 (21 years later) resulted in only 2 pages released, a subpoena from the U.S District Court in Topeka, KS dated May 8, 1991. The "Grand Jury" subpoena was for major case prints (fingerprints) of Haroldson, Sheets, and myself. The subpoena claims it was served by FBI Agent R.J. Novotay, out of Kanas City, MO. Fingerprints were obtained, but no subpoena was served to me. As stated, I never questioned about escape; however, I was "interviewed" by two Department of Justice Agents, one and FBI Agent, not sure who the other agent was, and the identity of both is still undetermined, as the FOIA data regarding this incident is not released, the BOP claims ignorance. SIS Thomas was in attendance, taking written notes and tape recording the interview. FOIA component and BOP claim there is no records or reports of two DOJ Agents entering a US prison and conducting an interview of a prisoner regarding the attempted bombing of a Federal judge (Federal Judge Benson) in South Dakota in 1986..that is a complete prevarication... Grand Juries are FOIA exempt.
I was escorted from my cell in the hole to interview room in restraints. I recognized SIS Thomas but did not recognize the other two agents. One agent stated, "How would you like to get out of here?". I responded, "What do you mean by get out?" He replied, "Here, prison!!". I asked him what he wanted and he asked me if I'd seen the news about the bombing of a judge in North Carolina. I said, "Yes.". He said, "You discuss the news with Haroldson didn't you?" I said, "No." He stated that there was a similar bombing attempt in 1986 in S. Dakota. I told him that I was in Federal Prison at Lompoc, CA at that time and that I knew nothing of that case. The agent then stated, "That's okay, we are going to give you a history lesson." I said, "You mean to tell me what I need to know to testify in court?". He replied, "Yes.". By this time I am getting angry at the nerve and smarmy arrogance of which these Department of Justice Agents were exhibiting, and criminal acts they were committing. I stood up, backed up to the door, and kicked it, telling the escort to take me back to my cell. The escort was outside the door. SIS Thomas waved him off and the FBI Agent told me to sit down. I sat back down, and he said, "You have a parole hearing in 1994, I will insure your parole, and move you now to the FCI of your choice. All you have to do is say that Thomas Haroldson told you that Robert Miles told him to discard some wires used to make a bomb into a dipsy dumpster." I know Bob Miles personally , I considered him a dear friend and comrade,and I doubt he had any involvement in the attempted bombing of Judge Benson. The judge that railroaded Yori Khal into Federal Prison, is Judge Benson. I told the 2 agents to “kick rocks”.
I had a wife, 4 children, plus a 60 year prison term, with almost 10 years in. I would be a fool to refuse their offer, right? But I was/am a moralist, loyal to the cause and would never betray my trust or friend. I began kicking the door again and demanding to leave. I was returned to my cell. Later, after I calmed down, I requested to use the phone. I called Bob Miles, informed him of the Grand Jury and what these agents had tried to get me to do. He said, “There are multiple grand juries convened, as we speak”. I told him to “be sure to call me as a witness if they try to charge you with this bum rap.” Prison phones are all monitored and recorded. I have no doubt that the SIS and FBI heard every word I said. I BLEW THEIR CASE OUT OF THE WORKS, the statue of limitations expired without any charges being levied against anyone. There was no love lost in between the FBI and myself, they were not happy when I made complete fools of them in 1984, but this incident sealed my fate. It became the mission of the Central File to ensure that I would be killed or never let out of prison. Many attempts have been made upon my life due to the manipulations and orchestrations of the FBI and BOP staff.
I have recorded and documented every instance, making sure to leave a paper trail. Still, someone high up in the Department of Justice made the parole commission vacate a parole date the commission previously approved, and gave me a 15 year set-off instead. The same person is now attempting to vacate a “mandatory release” date of November 23, 2014, utilizing the distorted central file incident reports the BOP orchestrated over the past 20 years. I was at Leavenworth prison for 5 years, locked in the hole 8 times during that time, 3 times on bogus investigations, and 3 times on escape plot investigations wherein no evidence of escape plot was ever presented against me. On February 9, 1993, I was “investigated” for the piping of an inmate in B Block, I was celled in an entirely different cell block, which was across the prison. I was cleared of that investigation, then put back on because I ridiculed SIS Lt. Pearce. While in the hole on yet another “escape plot” investigation, a hack yelled down the range, “Hey Mr. Yarbrough, you want to talk to the FBI?” (Anybody who knows anything about prison, this would have made me look like a CI) I yelled back, “F**K you and the FBI!” The next day, Timothy McVeigh’s attorney visited me. So I figured the FBI and SIS knew he was coming, and so wanted to offer me a “deal” first. I had info concerning Carol Howe, a potential witness of McVeigh’s presence at Elohim, OK. She was lured there my a Klu Klux Klansman, I believed to be working for the FBI. Howe was not used as a witness because of a history of mental illness, which the mole or the FBI knew about. That same undercover informant visited me at Leavenworth, he was attempting a sting to get Kansas City Klansman to aid and abet my so-called escape I told him to leave and never visit me again. This suspected informer is D.M.
I was returned to Marion SuperMax on June 4, 1997 for possessing “contraband” which consisted of a magazine published by radical anti-abortionists. Another inmate gave it to me to read (It is likely this inmate was sent via SIS to “let me read this magazine”….My boss, Denis Gray, went to SIS and tried to get me out but SIS told him to back off) I hadn’t even had a chance to read the magazine before I was locked up on another “escape plot” (this one allegedly involving explosives). That was Oct. 11, 1996. The magazine had a recipe for C- 4 plastic explosives. To make C-4 in prison is impossible, yet I was sent to Marion, nonetheless, on a petty #305 series incident report. I think Leavenworth staff felt I was a walking heat wave and a threat to their careers. Though I thought it strange that the BOP felt it necessary to send me to Marion on such a petty incident report, especially since I was a high profile White Nationalist and there was a “race war” being waged at Marion between the “Washington D.C. Blacks” and the so-called “Aryan Brotherhood”. It was a “gang war” not a “race war”. As it turned out, Leavenworth SIS, Lt. Lacey, had me placed in the hole due to another confidential source claiming “escape plot”. That CI obtained a transfer from the FBI immediately that night, 5 prisoners locked up in the hole, including me, but I was the only one sent to Marion SuperMax in IL. The proverbial pile of crap gets deeper still…
On the “con-air” flight to Marion in June 1997, I was seated next to an Aryan Brotherhood member named David Sahakiam, who was in transit back to Marion from a court writ. He claimed there was a race war going on in the federal prison at Marion, that DC Blacks were attacking Whites without cause. All of which, turned out was Dave’s spin on the situation. He asked me if I would stand with the Whites. I told him that I always roll with my kind in any racial situation, but I will access the situation myself when I get to the prison. I did not associate with or care for the FBOP prison AB gang, they are devious liars, who largely prey upon White prisoners. And I especially did not like David and his AB cohort, MacKelhamy (“Big Mac”). Anything Sahakian said had to be taken with a grain of salt. (I later learned he had testified against the Hells Angels Motorcycle club in San Francisco, CA. in a murder trial.). At Marion I was put in the Special Housing Unit (the hole), I-Unit-A-105. This range was all Whites who were separated from the DC Blacks, who were confined in C range, directly above us. Both ranges stayed drunk the entire 17 days I was on that range. I could hear everyone, up and down, making weapons. Drunken racial slurs and threats were exchanged night and day between ranges. This was something I frowned upon, it is childish to me and considered a “check-in” or “protective custody” ploy. The guards were at the end of the range listening to every word, taking notes and names. The real man keeps his mouth shut and simply waits, eventually the cell door will open, and the opportunity to take care of business will present itself. I could readily see that this “race war” was nothing but a bullshit prison fiasco. Not ALL Whites and blacks were involved, it was the AB and their hangers-on and the DC Blacks. It started over drugs in a conflict at Lewisberg, PA Federal Prison. I decided to avoid this conflict as best as I could. Let me say, I am not a gang member, and going one’s own way in prison is a difficult task, you could easily become a target and victim from any and all angles, from all racially oriented gangs and lone predators as well, even the BOP….
On June 17, 1997, I was placed in F-Unit on B-Range, an 18 cell range, which only 4 cells held White men, including me, two Texas Mexican gang members, all the rest were Black, and largely combatants in the conflict of which is drawn up along racial lines. Prison conditions, created by Bureaucrats and staff, made prison a racial cauldron of hate. This benefits the administration, who uses this situation to exploit and manipulate incidences to suit their own agenda, such as my case. I have no doubt the Department of Justice, the FBI, and SIS conspired to place me in this situation, as retaliation for my refusal to aid them in the prosecution of Bob Miles in the attempted bombing of Judge Benson. The fact that I know the truth behind the fabricated escape plot in which 3 people died, and refused to “cooperate” in the prosecution of Timothy McVeigh likely played a role, as well. They wanted me dead, and a prison racial conflict would be an excellent way to cover up their complicity in my death. Luckily for me, there were two black me on that range with me who I knew from my previous stay at Marion from 1987-1991. One was the infamous Jeff Forte, Leader of Chicago’s El Rukun gang, and the other a notorious Black Panther named Jenkins (AKA Iron Man). Both were good men, thinking men who did not give knee jerk reactions to any given situation. Dialog between racial components in prison is important to keep the peace in an environment completely controlled by a malicious and in-compassionate authority. I went to Jeff and asked him what was going on. He told me that a lone black DC Prisoner wanted to get moved from range he did not like, so he hit a White prisoner (Joe Tokash) in the head with a box radio. The Whites over reacted and began to attack blacks, and it escalated from there. This, on top of the conflicts at Lewisberg, including the death of a white Muslim, created a snowball effect. Tokash was a smart mouthed trouble maker, likely why he was targeted, weak and easy to deal with in a struggle.
After a month or so most of the combatants were placed on separate ranges throughout the prison. Sakakian and MacKelhamy were next door to E-Unit. I decided to try to get Forte and Sahakian to mediate a truce, which was accomplished. A week or so later, MacKelhamy tried to intervene in a conflict between two blacks on the yard, why he did this boggles my mind, it was stupid. One black took a swing at Mac. All three were sent to SHU. Sometime after that incident, there was a conflict at USP Lewisberg, PA and all the White gang members at Marion were put back in the SHU. Myself and another White guy (Todd Einsworth) were the only Whites on F-Unit, B-Range. Todd was only 20 years old or so, and about 9 months from release on parole to Orange County, CA. We could hear the alarms going off all the time in other units but ours was peaceful. After Forte’s agreement with Sahakiaw, I gave him my word that Todd and I would stay out of any conflict unless we were attacked. Forte gave us his word that no one would accost us. Two blacks on the tier above us kept trying to incite a black on our range to attack me. Forte and Jenkins heard it, went to the two blacks and told them to leave the unit or “get butchered”. …both left the unit. I admired both Forte and Jenkins for this. All was quiet at Marion for six months, no trouble anywhere. Todd went to the hole for having alcohol, that was an idiot move. When he returned, the staff separated him from me by putting him on the A-side of the cell-block. Forte came to me and said that he got word that a message was sent for me to “take care of business”. I assured Forte that unless I was attacked personally, I would keep my word to him. No way would I violate my trust and honor, especially after Forte and Jenkins ran two blacks off the Unit for running their mouths. Todd sent me a note saying that Terry Wright and Brandon Kitchen (#85114-020) yelled out the window from the hospital to the SHU rec yard for him to “get with me and go attack a black guy called ‘Baby James’ and that if we did not do this, all the fellas piss on us and wash their hands of us” Baby James was a coward, and a back-stabber, literally, he ran over and stabbed Knowls in the back while he was already down. And Knowl’s pals gave Baby James a pass after this. However, it had been peaceful at Marion for 6 months, I was not going to be the one to violate my word and break the peace over a scumbag they let go once already. And that ultimatum was yelled out of a window the cops monitor. This is how Forte knew before I even knew. And explains why Todd was put on A-Range instead of with me on B-Range. These clowns yell a hit out a window, wanting some 20 year old kid that is about 3 months from parole to help me go kill a black prisoner? I wrote a note to Todd and passed it over to him. I told him, firstly, no more alcohol, and secondly, do not go back to the hole, and thirdly, go home! Do not let these morons screw up your life over petty bullshit!
On June 25, 1998, I was sent to C-Unit, which is the pre-pre-transfer unit. The the pre-transfer “B” three months later, September. There were 2 AB members in B-Unit this whole time, Glen West (Speedy) and Dallas, who were not slammed with the other morons, which I found to be odd, they stayed out of the conflict altogether. So did Dirty White Boy called “Little Wayne”. There were White, Black, Mexican, and Puerto Rican gang members in B-Unit, no trouble whatsoever. There was DC Blacks and Aryan Brotherhood prisoners, which confirmed to me that Mack and Dave were just two idiots acting on their own without proper sanctions.
Eventually all the idiots were let out of the hole, unfortunately, before Todd Einsworth went home, Todd had saved the “Hot” note I sent him, he gave it to the AB, who also saved it along with a stack of other “Hot” notes. All of which the hacks found during a mass shake down. I do not know what idiot kept the notes, or why, except maybe to bargain with SIS or prosecutors. As a result of the AB giving the notes to staff, staff put a “separations classification” on me from the AB gang, but I was not notified of this classification until eleven years later.
Later, in 1998 or early 1999, three AB members allegedly murdered a black DC prisoner named Walker. Walker was mentally ill, skinny, black man that largely beefed with the staff, he was a “gunner” (somebody who exposes themselves to female staff), and he was soft, which made him an easy target. I’ve no doubt that staff placed him on range to get him harmed. Three prisoners were charged in Walkers’ murder: Carl Knowls, Wayne Bridgewater, and McIntosh. All three alleged to be AB combatants.
The racial situation in the Federal Bureau of Prisons, with regards to Whites, is the fault of the Aryan Brotherhood to begin with. The fact that a Black prisoner felt he could hit a White prisoner with a radio, just to get off range, without retaliation or starting a mass racial conflict is due to the “Aryan Brotherhood” doing nothing to cultivate racial unity for the past 25 years in Federal prison. There was only a handful of them in the Federal system to begin with, and they were not recruiting or taking members. This allowed the non-Whites gangs and non-Whites in general to take control and do as they please. The AB will be the first to tell you, “We are not about race, ” and “The White race is not worth saving”. The AB is a prison gang, a criminal enterprise, nothing more! Better known as the “Heroin Brotherhood”. In state prison, a non-White knew better than to attack a White prisoner without due cause, or else he would be severely “chastised” by his own kind for endangering the lives of everyone. No one race ever attacked a member of another race. If Tokash was wrong, other Whites would have “corrected” him. The Black was wrong, and the Whites were wrong for the knee-jerk action. Again, this was/is due to the lack of leadership, organization, and strength in the AB, and their lack of White racial orientation. They would not allow other Whites to organize, considering them a threat to their criminal enterprise. This is why the AB pressed against “The Order” members, because they were worried that White prisoners would gravitate to us, creating problems for them, because we are 100% racially oriented. We had no interest in prison politics, or control over drugs, gambling, or any other vices. We cultivated the few who were promising, or tried to, we had the prison administration to contend with as well, and the BOP is the largest, most ruthless prison gang there is. The AB could do nothing the BOP did not allow them to do, and quite often, the two entities worked hand-in-hand, at least up until 2000 or so, but they still both use one another.
After Walker was set up by prison staff to be murdered by the AB in May 99, the Department of Justice began to consider RICO charges against the group. The DOJ began to search for prisoners to aid in the prosecution of the AB. More than a few of the AB members dropped out and “rolled over” on their “brothers”. Sahakian and MacKelhamy were the “shot callers” at USP Marion, whether from the bottom of a bag of prison hooch or not. Terry Wright and Brandon could do nothing without sanction. Glen West (Speedy) was one of the AB that rolled over. One day in 2000, he came to my cell and told me that SIS had found a “stack of hot notes, including AB hit list”. He said his name was first on the list and mine was number two (West’s name was listed, mine wasn’t). I ask him how he knew this, and he said, “I just came from Captain Benson’s office (David R Benson), now he wants to see you.”. At this time I didn’t know West was a drop out or “informant” but I had thought it odd that the Captain would send him to get me, this is not standard operating procedure. …so I went to Benson’s office. He told me that he had the hit list adn that there is a threat upon my life from the AB. He also said that he had my note to Todd Einsworth. I ask him to show them to me, he refused my request. I had the impression that he was trying to frighten me into cooperating against the AB. I told him that if I’m not going to the hole, I’m going back to my cell. A few months later I was at work in the cable factory, when an escort officer came to take me to the E-code Psych Program. When I got there, Doctor Ahrens was busy at his computer, his back to the door. It was too soon for my monthly session so I ask him, “What’ up?” He spun around and said, “What are you doing here?” So, I spun around and the escort said, “The SIS and FBI are next door to see him.” I asked him if he worked for the SIS and FBI or for E-Code. He responded, “E-Code.” I walked past him and told him to take me back to work. SIS and the FBI could hear this conversation, knew I was angry. As I walked to the grill, they came out behind me, three of them: SIS Montgomery (female) and two suits (whom I later believed to be ATF Agent Mike Halualani, and US Attorney Gregory Jessner. One of the suits began to say, “It’s okay Mr. Yarbrough, you did the right thing.” I said, “I have no idea of what you are referring to.” He said, “We have the note that you wrote.” I said, “I know nothing about any note,” and told the escort to open the gate and let me out, which he did; and I went back to work. (From my note, I’m sure they wanted me to claim that Sahakian and MacKelhamy were ordering hits on prisoners, like “Baby James” and Walker, i.e. case for Rico. At lunch time, I told Dr. Ahrens that he would not see me at E-Code ever again. E-Code was mandatory. So, he concluded my E-Code program in a memo to Unit Manager Adelsberger dated March 9, 2001, wherein this encounter is mentioned.
Glen West was due to parole in July 2000, on June 27th, 2000, West and I were both put in the Z-Unit hole, on A-Range that housed mostly White prisoners that had problems with the AB. “Iron Man” (Jenkins) was there. By this time I had known that West was cooperating with SIS, as I had seen him doing so with Lt. Baker. There were AB dropouts on the range as well, Tony (The Schnozz) DeBlazio was one; and Bob Custler was there for refusing to “roll” with the AB (they had beat him and made him leave the unit.). We were locked-up on Administrative Segregation on “investigation of violating regulations”. Another fabricated lock-up order, which is contrary to BOP Policy. Prisoners rotate cells every 21 days in SHU, on July 11, 2000, I rotated into the cell West was in. On that day an FBI agent came by my cell and, speaking loudly so all could hear, asked me if I knew anything about a murder in D-Unit (Walker). I responded, “No.”. The agent said, “Thank you, Mr. West.” I told him I was not Mr. West. Lt. Stevens was beside the agent, he looked around the agent, and said, “That is not him.”. Both proceeded to Wests’ cell, and repeated the question. West also said, “No.”. I reckoned this incident to be a show put on to make anyone hearing it to believe West was not cooperating. AB members were at rec, just outside the window and heard every word. West went to a half-way house a couple days later. On July 23, 2000, Cpt. Benson, SIS Yonkman, and an unknown DOJ agent again tried to frighten me into cooperating against the AB. Benson claimed that they received information that the AB was trying to get the “California Mexican Mafia” to do the hit on West and me, in exchange they would do a hit for them. The pre-transfer Unit B was mostly Mexican gang members, and the DC Blacks and AB were “supposedly” at war with. The AB was forcing everyone to deny the program claiming it was a “rat program.” They could have come to B-Unit any time they wanted….I told Benson to send me back to B-Unit. He said, “This threat is still real.”. I think he realized that I knew the earlier “name on the AB hit list” was a scare tactic to try to gain my cooperation. I said, “I do not believe the Mexicans are going to do these clowns dirty work for them, send me back to my unit.” Two days later I went back to the B-Unit. The AB did try to get the MM to move on me, but they refused to do so. On March 4, 2002, Lt. Shanks locked me in SHU because staff overheard me say that, “He could stick those apples up his ass and make apple sauce.” He was taking apples from us as we exited the chow hall, which we were allowed to do. I was escorted by three staff, in restraints, to his office. He said he wanted to see if I’d say it to his face. I said this is not face-to-face, you could have come into my cell, just me and you. Now it is me in chains against 5 hacks, you call this face-to-face? He told them to take me back to my unit, but they came that evening and took me to the hole. No investigation or “incident report”. This incident is a prime example how staff can circumvent policy and so as they please. Freedom of Information Act request response claimed there was no info related to this incident, which is exactly what I was trying to prove, a history of lock-ups ordered for no good reason or to cover the real reason. It was done to me 9 times over the years.
I was sent to Springfield, MO Medical Prison on April 16, 2002 for rheumatology. I was diagnosed with Rheumatoid Arthritis at Marion in 2001, by an outside consultant, Dr. Lyle. The doctors at Marion made an appointment with a rheumatologist in May at Carbondale, IL, just a few miles away from the prison. The Asst. Warden refused the appointment for “security reasons” and recommended referral to Springfield, MO Medical Prison. It is critical to diagnosis and treat RA within one year. It took 18 months to fly me to Springfield, MO, almost 200 miles away from Marion, utilizing the very same security it would have taken to see a doctor in Carbondale, 6 miles away…..I expected to be at the facility for some time. I never seen a rheumatologist, the prison MD misdiagnosed my arthritis as liver disease related. The warden at Springfield was Hendrix, who use to be the warden at Marion, he knew me and told my Unit Team to put me in open population. Instead, SIS told Dr. Pearson to conclude my medical treatment so they could be rid of me. So, instead of seeing a rheumatologist, Pearson consulted one by phone, lying to him by claiming my “rheumatoid factor was normal now.” The Unit Team rushed the transfer through, and I was sent to U.S. Prison Atlanta, GA on September 17, 2002. I was given no therapy for RA or liver disease. It was 12 years before I finally seen a rheumatologist, by which time I had bone degeneration through out my body and huge dry spots on both eyes due to negligence to treat the RA. It is all beyond remedy now, the RA will kill me, eventually. Medical torture is utilized by the BOP.
The prison in Atlanta, GA was a nightmare. Had I been left alone in open population, I would have been fine, but…I believe SIS and DOJ agents sent me to Atlanta in an attempt to coerce my cooperation via attrition due to extremely adverse confinement conditions. The place was 80% black inmates and black staff, extremely filthy conditions, and horrible food. I was on line only 44 days before FBI Agent Achers had Lt Moran lock me in the hole for yet another fabricated excuse, “escape plot”….I stayed in that filthy hole for 30 months, rotating into another filthy cell every 21 days. The one man cells were used to house 3-4 prisoners each, even in the “dry cells”. I was starved down from 172 lbs to 140 lbs. Every day was a battle, some quite physical. Staff would intentionally place me in situations where I was forced to defend myself, then, when I did, they would force extreme sanctions on me. No phone, no commissary, no visiting. Staff beat me 4 times while I was in restraints, even let an inmate attack me, after staff beat me to “soften me up”. Then Officer Humphries would strut up and down the range yelling, “Where is the White Power?” The last beating was while I was in restraints, officer Poole, a White hack, beat me with a set of keys, utilized as brass knuckles. I required outside hospitalization. To cover it up, Poole claimed I tried to kick him…I was fully restrained
It took me awhile to figure out what was going, but eventually the Hacks came and took me out to rec by myself, put me in a cage never to Russell (Rusty) Hale, who was from the prison at Leavenworth. I was glad to see a friendly face. But, right off he started telling me he was in protective custody and getting a downward departure on his sentence for testifying against the AB at Leavenworth. He tried to entice me to do the same thing. I told him I knew nothing about the AB at Leavenworth and their drug business. He said, “You know about the AB at Marion.” There is no way he could know about my problems from Marion, unless someone told him this. He said, “Besides, you sat next to the AB table in the chow hall at Leavenworth, all you have to do is say you overheard their conversations.” I told him I wouldn’t know what to say, and he said, “I will let you read the debriefing statement the prosecutor gave me to read.” I was astonished, once again the Dept of Justice shows how unscrupulous, devious, and corrupt it truly is. But I played along and said, “You mean the prosecutor coached you on what to say in court?” He said, “Plus the FBI that is investigating that is investigating the RICO case against the AB.” After rec, Hale had a “correctional officer” bring me the debriefs, from the drop-out AB members. I read them and sent them back. A couple days later, we again went to rec alone. I told him, “It is a sweet deal, how do I get in?” He gave me the names of two people: ATF Agent Mike Halualani, and US Attorney Gregory Jessner and their Los Angeles addresses. Hale knew I had a weapons incident report and said he would testify at my DHO hearing and say it belonged to my cell mate, who set me up so that he could be moved. He said the DHO would “Have to believe him.” I agreed to this, just for the record of him being a liar and false witness. He lied and gave a written statement of that lie to the DHO. I detest the AB with a passion, but I have a strong sense of right, wrong, and justness. And my conscience is brutal on me. I had no qualms about helping bring down the AB BUT I won’t help an entity that tens times worse than the AB ever thought of being, bury them. Nor would I help the AB, who had their attorneys contact me. But the AB is not aware of all of this, nor the hell they have put me through over giving the bastards the note I wrote to Todd Einsworth. I was issued 13 incident reports at USP Atlanta, every one of them either orchestrated by staff or completely fabricated. Four assaults, three of which were for “assaults on staff.” are all of a dubious origin. All 4 were utilized to give me a 15 year set off at my parole hearing, even though I am 10 years beyond any aggregate guidelines for any infractions. Again, sending me to Atlanta was calculated to diminish my resolve to refuse to cooperate, via attrition, to break my spirit. If they could not break me, they could distort the central file record with false information and trumped-up incident reports to adversely affect my parole hearing. After Poole beat me with the keys, while I was restrained, staff decided to send me back to US Prison Marion, IL. They never actually intended to keep me in open population anyways. That was 13 years ago, and I am still in segregation administrative detention. I am 60 days from my 30th year in prison (Gary is now going on his 34th year in prison…a whole life time.), all but three of those years have been served in 23 hour a day lock-down. I know of no other prisoner who the BOP has carried so severely, except for Tommy Silverstine, whom one officer harassed so much that Tommy stabbed him to death. I hate to say it, but I did break! No man would endure what I have and not do what Tommy did. I ruminate on it every single day……
I was returned to Marion on July 7, 2005. After 11 days, I was placed in G-Unit, which was designed as a “segregation” unit. But after 30 months in the Atlanta hole, I did not want to confront staff and go into Marion’s hole either. It would have been futile to do so. The range I was on was all gang drop-outs, except for Doug Perry and myself. Doug was the only other White prisoner, except for a low-life snitch in Cell #1. The range opposite of mine was all informants, child molesters, and rapists. The two ranges below us was all black gunners…wonderful…I believe that my placement in G Unit was another attempt to break my resolve and coerce me into cooperating. If a prisoner is celled around pariahs, such as these, that stigma is attached to him as well. Of course, I was separated from them, I could only rec with the prisoners on my range, which was only 4 other men, not the snitch in #1. I went to the hole on September 24th for assaulting the snitch in Cell #1, he spit at me through the cell door. After which, I told SIS to get me out of that unit. She put me in L-Unit, open population part of the prison. I went to the “security confinement unit,” which houses death row, screwed again….
There are 2 ranges, all the drop-outs and low-lifes from Marion, plus AB drop-outs that had been debriefed and rolled over on the gang, or were about to testify in the RICO trial. I began filing “remedys” immediately for transfer from Terre Haute prison, and I requested to know the reason I was forced to be housed with drop outs, informants, and other pariahs. I only got ambiguous responses. I was being made out to be a rat, though I had informed on no one. Around August 2007, William Sutton, one of the snitches that gave up the AB told me that, “A US Attorney is here to see if you want to testify against the AB, all you have to do is go out there.” I declined once again. Every time I declined to cooperate, I wake up in a worse place. On Oct 11, 2007, I woke up in ADX SuperMax prison in Florence, CO. Ironically, the only federal facility that confines virtually all of the prisoners the BOP classifies me as “separated” from “for our mutual protection. A classification I was never given notice of until January 2011, though the reasons for, and the separation began, in 1998…..another attrition attempt?
I have been confined at ADX for 8 years, though I violated no rules or regulations to be referred to a super max prison. I was given no due process hearing for the referral, as mandated by law, so I can’t adequately remedy the placement. According to remedy response dated Dec. 17, 2010, I will receive a due process hearing in the “near future”. It’s now October 2014 and still no official notice of the excuse for the ADX referral. I’ve had plenty of unofficial excuses which the administration utilized merely as pretense, to put me on a merry-go-round to drag out time. Every time I adequately refute one excuse the reason for the referral changes. The first excuse was, “You were sent here for the Code #330 Adjustment transfer.” I asked Unit Manager Collins and Case Manager Fenlon at my initial review the reason for the Code #330, both claimed they did not know why, an obvious prevarication. The code is ambiguous, for poor institutional adjustment or central inmate monitoring (SIS concerns). According to Counselor Madison’s response to a BP-8 Dated 10-27-09, and a letter from Warden Davis to Congressmen Fleming (LA, cause it is the state which my wife lives in and the state I would parole to), I was not adjusting well at Terre Haute, IN (Dated 9-10-2009), so the Warden lied to the Congressmen, who myself and my wife had written to, so that he could check into why I was at ADX. Re: FOIA request there is no incidence of poor institutional adjustment at Terre Haute or the previous prison at Marion, IL. It takes six months to a year to litigate remedys or FOIA requests. Congressmen Fleming was adamant, and Regional Director M.K. Nalley also lied to Fleming claiming I was referred to ADX due to my original conviction of 25 years ago. Funny, none of my 25 year old co-defendants were sent to ADX..I refuted all excuses, including the excuse of “Communication Management Unit”. I have never violated communication and I’ve never had a CMU classification. It could be that, perhaps, the info contained in these pages is the “communications” they want to prevent from getting out. My communications are dogged by SIS thoroughly. I have written this all before, sent it out in sealed legal mail to attorney, Jason Henry of West Plains, MO. Henry claims he returned it, but I never got it back. SIS steals a lot of my communications and frustrates the contacts. The DOJ spooked off two previous attorneys, now I can’t reach any legal advisers….
Eight years at ADX with clear conduct and over 40 programs completed. It’s a three year program! I was denied “step-down” to the “intermediate” unit 7 times; denied step-down to the “transitional” unit 4 times. The reasons for these denials likewise are likewise are ambiguous: “Your White Supremacy writings”. Seriously? They’ll let a host of prison gang members, cartel members, and Al-Qaeda terrorist step-down, but not me? They have not stated the “separations” excuse. If they were sweating that issue, why send me to the only facility that confines all my separatees? Separations that the BOP classified, I did not request the separations classifications from anyone.
Today is November 8, 2014. The court established “mandatory release” date is 15 days away, November 23, 2014. Still no due process for the ADX referral, nor due process for continuing my captivity past November 23rd. The BOP conspired to adversely influence the Parole Commission to vacate an approved parole date, and now this November 23rd “mandatory release” date will be denied as well. This is all in my refusal to “cooperate” in the framing of Robert Miles for the attempted bombing of Judge Benson, and for thwarting that case; also, for my refusal to aid in the prosecution of the Aryan Brotherhood for the murder of inmate Walker at USP Marion in 1998. I would have been a significant witness in that case had I not refused to “cooperate”. I was at Marion, when it switched from a US prison to an FCI in 2006, sent to USP Terre Haute, IN. As previously stated, I filed remedies to ascertain the reason for referral to the security confinement unit and for a due process hearing. I received neither. I was only 20 months away from a 15 year reconsideration hearing for parole, when someone, outside of Terre Haute staff, referred me to SuperMax at ADX, even though I had clear conduct and programming. Staff at Terre Haute and ADX claimed ignorance as to the reason for my placement at either facility, I got no due process, whatsoever. The referral to ADX would definitely adversely influence the 2009 parole hearing, as would the undisclosed and surreptitious reasons for both referrals. Remedy responses refused to state the reasons for both referrals and directed me to file a FOIA request for the information, which I did, and received 15 pages of documents. One document is a “Notice to inmate of transfer to communication management unit”. This document has Terre Haute’s Warden B.R. Jett’s name typed, but not printed or signed, as required, nor is it dated. Jett was the warden when I arrived at Terre Haute in September 2006, he was replaced shortly by Warden RV Veach, so the document was generated some time late in 2006. The document provides a space for document delivery to the prisoner by date and signature, it is not signed or dated, and I did not receive the document, until filing the FOIA request in 2008, after being transferred to ADX from Terre Haute. This document refers to transfer to the CMU Unit at the FCI in Terre Haute, but I went to the SCU Unit at the USP, not the FCI. I was never informed of any communications concerns or restrictions, and I had no incident reports for communication violations. This document states that I “could appeal the transfer decision”. However, I was never informed as to the reason the decision was based upon; therefore, any appeal would be impossible to adequately grieve. It also states that my “continued designation to this facility will be reviewed regularly providing you notice and an opportunity to be heard”. I had no such review or opportunity! The document claims that I “have continued to communicate with members of extreme organizations”. I question the term “extremist”, and the fact that I have violated no laws or institutional regulations. In relation to the above documents, there is a CMU review dated August 7, 2007 generated at the SCU by J. George, much of which is excised by the FIOA tech. It notes my security level is “medium” and that I have no telephone or mail abuse incident reports. Below the excised portion is a space for the Regional Director’s signature, what the director has to do with an institutional CMU review is questionable. But the space notes, “Approved for ADX General Population” and is signed by Director Nalley. This document is dated 1 month prior to being sent to ADX SuperMax, and it is not the actual #509 referral form, it is only a CMU review.
There is a 3 page document dated September 14, 2007, a memo to Regional Director M.K. Nalley, from a source that is excised by FOIA tech. The “subject” is: CMU referral for G.L. Yarbrough. The rational noted as being my original conviction of 25 years previous, and claims that my “phone conversations are racially charged, anti-Semitic, and political in nature”. Again, no rules or laws have been violated, no incident reports issued, and no concerns regarding my political views are being expressed to me by BOP staff.
On Oct. 31, 2008, SIS Officer Cable came to my cell in regards to my remedies concerning ADX placement, and an "inmate request" unit manager Collins forwarded to him regarding the same, dated October 9, 2008. Cable was the SIS censor assigned to my communications. He stated he had no knowledge of intelligence data mentioned by Collins to warrant ADX referral and that no such data existed. He said he didn't know why I was sent to ADX, but that he would investigate the issue. He returned on February 19, 2009 saying he spoke to Collins and someone in Washington DC who knew everything about my case. THIS ONE PERSON HAD ME SENT TO ADX, and Cable felt his reasons to be questionable. Cable mentioned reading an interview I wrote for a Swedish friend and said he had seen NOTHING wrong with it. He also said that I wasn't informed of why I was sent to ADX due to fears of me filing a legal suit. He thought perhaps it had something to do with racial conflict within the BOP. After he left, I wrote a request to him, asking him to put a copy in my file and to send a copy to the Washington DC contact. This request spooked him so much that he returned on February 20 with the institutions attorney and recanted everything he had said previously. He was angry that I would never get out of prison (I have retained the 10-9-2008 and 10-31-2008 requests to Collins as well as the 2-19-2009 requests to Cable). This all took place just 5 months prior to the 15 year reconsideration parole hearing in July 2009. I was denied advancement through the ADX program twice prior to the parole hearing. The denial notices gave no indication as to reason for the denials, only ambiguity. At the July 2009 parole hearing the examiner recommended a presumptive parole date of November 23, 2014 (This date is also the "mandatory release" date established by court guidelines), which was "approved" in October 2009 by the parole commission. On November 17, 2009 I was denied the program advancement again, this time the Notice stated: "Denied due to reasons resulting in placement at ADX AND your recent communications of White supremacy writings. This demonstrates your compliance with institutional rules is solely due to the heightened controls and security procedures at ADX." The Notice claimed I "prey upon others and/or work your disruptive activities." I was NOT non-compliant, violated no rules, preyed upon no one, disrupted nothing, or else I'd have incident reports! Also, heightened controls and security prevented nothing as far as my "writings," and nothing I ever wrote conveyed the concept of "White supremacy" nor "disruptive activities."
A parole commission Notice of Action dated January 1,2009 vacated the November 23, 2014 parole date and ordered a "Special Reconsideration Hearing" to consider "New Adverse Information" (Information supplied by the Bureau of Prisons Staff after parole was approved). Reasons: "To Reassess your risk based upon your continued affiliation with White supremacist advocates through websites." The information consisted of data from various Right-Wing websites, most of which was from Tom Metzger's "Insurgent," which posted my photo on page #6 next to a drawing of the Order Bruder Schweigen medallion. Pages 9-11 reprint The Order "Declaration of War" with another medallion and Metzger's claim that "The Declaration is still in effect," dated November 23, 2009. This was one month AFTER the parole commission approved my parole date, and one month before it was then vacated. I detest Metzger, and told him in 1992 to never publish my name in his publication ever again. Until November 23, 2009, he did as I requested. The reconsideration hearing was held March 2010, and the examiner re-recommended the November 23,2014 parole date. The commission refused, and ordered another "reconsideration hearing," at which the recommendation was a 15 year set-off of 2025. The "Notice of Action" on appeal read: "The Commission found posts attributed to you on websites that provide a forum for expressing White supremacist, anti-Semitic, militant, and anti-government views.
So, this scheme to adversely influence the parole commission has been in the works for some time, since September 2006, at least. But I believe it began as the results of my refusal to cooperate in the prosecution of the Aryan Brotherhood in 2000, and my refusal to perjure testimony against Robert Miles in 1991. Firstly, I was sent to US Prison, Atlanta, Georgia where staff would manipulate and orchestrate incidences to result in infractions. Then returned to US Prison Marion, IL, segregated and made to look like a protective custody case. Then I was secondly sent to a protective custody unit in US Prison Terre Haute, IN, in which no "notice" of "communications management" concerns in September 2006. Thirdly, sent to US Prison ADX Supermax in Florence, Colorado, again without notice of "communication management" concerns. This done less than 18 months prior to the 2009 parole hearing. Twice denied program advancement, again without notice of communications concerns. Denied knowledge of communications concerns until after the parole approval, at which time the BOP sends the parole commission data gleaned from websites off the internet. Why keep the knowledge of communication concerns and two transfers to "communication management unit" facilities from me for five years, until after a presumptive parole date was approved? It is plainly obvious that the Bureau of Prisons, SIS, and case managers at two facilities wanted to insure that there was some excuse to vacate any parole date approved by the commission, and to adversely influence the commission to keep me incarcerated beyond the court established "mandatory release" guidelines of 30 years, which is also November 23, 2014. Concerning that guideline, the parole commission "Notice of Action" dated September 19, 2012 states: "If the two-thirds date of 30 years precedes the release date calculated by the Bureau of Prisons, the commission will conduct a record review of your case approximately 9 months prior to the two-thirds date. If a parole is not ordered, the commission will conduct a hearing for you. The hearing is to determine whether there is reasonable probability that you will commit any federal, state, or local crime, or whether you have frequently or seriously violated the rules of the institution. See 28 CFR.2.53 (A). The Bureau of Prisons is requested to forward a copy of the prisoner's progress report approximately 9 months prior to the two-thirds date." Case Manager Janusz was supposed to send this report February 2014. I ask him to do so in March, and followed-up in April. He NEVER sent the progress report.....That report would have reflected that I have 8 years of clear conduct, 24 Adult Education course completions, 17 psychology course completions, and one college course participation. I have a release destination, home, transportation, and a job. Case Manager Janusz's negligence is tantamount to sabotage, and intentional, since I told him twice to submit the reports, as did the Commission via the Notice of Action.
28 cfr.2.53 states "If a parole is ordered following the record review no hearing will be held." I do not know if there was a review. I know that no progress report was submitted and no hearing was held. So, accordingly, the November 23, 2014 Mandatory (Two-Thirds) release date should be the day I parole from prison. Today is November 9th, 14 days, staff claims ignorance of any release. Case manager Castro claimed to have called back the Parole Commission to verify the November 23rd date and said a commissioner would call him back. That was two months ago, and no return call as of yet. I assume that this conniving plot will claim there is a "reasonable probability" that I will commit a federal, state, or local crime, if released since my "extremist" politics have not changed. Hence their reason for not giving me notice of communication concerns 8 years ago in 2006. The BOP never sent me to a CMU unit or facility nor gave me notice of a CMU (Controlled Management) classification as per policy. Instead, staff put me in units on ranges with snitches, informants, gang drop-outs, deviant sexual predators and homosexuals for 10 years.....No staff prior to November 2009 ever noted any concerns over my political views or communications...NOT ONCE in 25 years. I was not confined around any CMU prisoners. On July 25,2013 I send a 2nd request to case manager Fluck in J-Unit at ADX to respond to my 1st request regarding CMU classification. She came to the Unit that day with Unit Manager Keys and stated that I have never been assigned a CIM status for CMU, which according to Keys was the ADX referral reason. When Fluck said I had no such status, I turned and looked at Keys. Keys then stated, "I told Warden Hall that this needs to be made right." I told him that "You are all so wrong, you can't get right!"
Had I been informed that there were concerns regarding my political/religious views and/or communications, I would have cooperated with staff to alleviate those concerns. As previously stated, I have not advocated violence; disruptive activity; or the violation of any laws, rules, or regulations of any kind. As far as I am aware, I was merely exercising my constitutional rights and civil liberties like every other citizen and prisoner. Does the BOP single me out from all other prisoners in their custody? Everyone in here is racially oriented, the conditions and environment, established by the prison administrators make it a necessity!!!! Does the BOP believe all the gangs in here, organized according to race, do not discriminate and advocate their racial cultivation? What makes me so special? or hated should I say? In 30 years of BOP custody, I have not committed a single racist act, NOT ONE! No gang activity and no drug or alcohol abuse. Yet, 27 years out of 30 have been served in 23 hour a day lockdown...I have been segregated and alienated from my own Folk kind. I have been tortured physically, mentally, and denied medical care. Set-up to be harmed or killed by ignorant prisoners; beaten by staff utilizing keys as brass knuckles; starved down from 172 lbs to 140 lbs...all in attempts to coerce my cooperation and accept their offers of a "deal."
I will not justify the wicked for reward!
Gary Lee Yarbrough
November 9, 2014