In re JORGE A. GOMEZ, Court Grants Relief for SHU Inmate Wrongfully Issued a CDC-115 for 2013 Hunger Strike

 

In re Jorge A. Gomez,  Court Of Appeal, 1st Appellate, Div. 2

(No.A142470    (Del Norte County Super. Ct. No. 145020)

 

BACKGROUND facts:

Jorge Gomez had spent over 10 years in Pelican Bay State Prison’s Security Housing 

Unit (SHU). In early July 2013, he participated in the Hunger strike to protest torturous and inhumane conditions at Pelican Bay’s SHU and at other isolation and segregation units throughout the state. Over 30,000 inmates participated at its height, with many refusing

food for as long as two months.

 

CDCR struck back, on July 16, 2013, by issuing Gomez,a Rules Violation Report 

(aka CDC-115). The same fate fell on many other inmates  who had gone to the extreme

 length of starving themselves to peacefully call attention to their torture.

 

When CDCR was cornered to defend their position it was clear that no one was put in danger during this peaceful Hunger Strike.

 The Court states: “None of [Respondents’] contentions indicate that the facility, outside community or another person was endangered, i.e., put in danger or peril of harm or loss, 

nor do they indicate that there was a breakdown of order in any aspect of the prison..."

 

DISPOSITION:

Gomez’s petition is granted. Respondent is ordered to reverse the [CDC-115] disciplinary

ruling that Gomez violated section 3005(a), thereby committing a serious rules violation,restore Gomez’s 90 days of conduct credits and expunge all references to his disciplinarycharge from his central file

 

PUBLICATION:

The case was finally published this month (May 2016), with strong Opposition by the Attorney General (representing the prison's interest). Thus far,  the Published Opinion will assist countless prisoners who wrongfully received RVRs  (CDC-115s) in connection with their participation in the 2013 Prisoner Hunger Strike.

 

PAROLE SUITABILITY HEARING IMPACT: This is a huge win for the Lifers and/or DSL (Youth Offenders)  that will be going to their Parole Hearing post-GOMEZ, if they were wrongfully issued a CDC-115. We all know that realistically if an inmate has  a fighting chance of being found suitable he should have minimally 3 to 5 years disciplinary free. If the CDC-115 was for a Hunger Strike it should be argued that participation in a peaceful demonstration, does not make him an "unreasonable threat to society" if released on parole. Of course, all the other Suitability factors must be present BUT FOR the Hunger Strike CDC-115. 

 

 

 

The full opinion is available at http://www.courts.ca.gov/opinions/documents/A142470.PDF.

Attorney Letarte Invited to speak to Lifers at CSP-SAC

 Attorney Diane T. Letarte invited to speak Saturday June 4, 2016 to Lifer group at California State Prison,   Sacramento (CSP-SAC) a.k.a. New Folsom in Represa, CA.

NOTE:** If your Loved one is incarcerated at CSP-SAC, make sure they ask their Correctional Counselor (CO) to give them a DUCAT to attend the Free 6/4/2016 seminar on how to prepare for their Parole Suitability Hearing. If they are not housed at CSP-SAC, you may consider buying them the Parole Packet  (and mailing it to them) to assist them in preparing for the parole hearing - on their own.  

The Law Office of Diane T. Letarte is a community based law firm located in San Diego, California. The law office serves the 35 State Prisons in the entire State of California for Lifer Parole Suitability Hearings, including Youth and Elderly hearings. She can be reached at 619-233-3688. She has dedicated the last 15 years of her practice to assist Lifers. She has been invited to different venue to speak including the Central California Appellate Program (CCAP), the Family of the Incarcerated, and several prisons. Her last prison presentation was with her whole staff at the women prison in Corona:  CIW.  

The Renegade Attorney is a Wild Card in the Post-Conviction legal arena and the Parole Suitability Administrative Hearings. Her client testimonials can be reviewed at Attorney Letarte's Testimonial Board. She comes up with creative arguments and does not always play by the "rule" but then neither does CDCR!  Every advantage counts and can make the difference between a Denial or a Grant of Parole.

Attorney Letarte's  Education (below) speaks for itself, including earning a 3rd Master's degree: Master of Science in Forensic Psychology (2011) to have an edge arguing incorrect conclusions from BPH's  Forensic Assessment Division (FAD) psychologists Risk Assessment evaluation, during the Parole Suitability Hearings.

•  2011  M.S.     Forensic Psychology, Walden University, MN
•  2003  LL.M.   Criminal, University of San Diego Law, CA
•  1996  J.D.     Thomas Jefferson, School of Law, SD, CA and  Cambridge University,  England
•  1991  M.B.A. University of Redlands, Redlands, CA
•  1979  B.S.     Computer Science, Florida Atlantic Univ. FL 
   1976  A.A.       Associate of Arts, Palm Bch Jr. College, FL
   

The CSP-SAC Lifer Group (and Teacher)  invited Attorney Letarte to provide information and insight into the Parole Suitability Hearing, at the prison. She has accepted the invitation from CDCR (CSP-SAC) and will be flying to Sacramento the week of May 30, 2016 for the June 4th, 2016 free seminar.

Lifer PAROLE PACKET Preparation for all BPH Parole Hearings (& Youth SB261 or Elderly)

This BLOG (an unusual posting) contains a quick summary of  our NEW Parole Packet that was compiled by Attorney  Diane T. Letarte (619-233-3688 or 888-200-8385) and used with her clients (for many years) at the Parole Suitability Hearings. Many phone calls have come in to our office inquiring about the Parole Packet that we use. We finally can offer this Parole Packet for $59 and downloadable Immediately from Attorney Letarte's Website under Legal Services search for Lifer Parole Packet immediate download. The packet contains over 10 different SAMPLE support letters, including a Sample for Youth Offender Parole Hearing (YOPH)

NOTE: Part of the Proceeds ($) from the sales of the Parole Packet are DONATED to The Francisco Homes: a transitional housing for Lifers, which in turn will help other Lifers. Francisco Homes can be reached at info@thefranciscohomes.org or by Phone at (323) 293-1111.

=======================================================================

Attorney Letarte accumulated her experience (15+ years) by doing well over 1000+ Parole Hearings in front of many different Governor Appointed Commissioners. This Parole Packet contains several sample Support Letters, among other Resources such as Transitional Home Contacts. In addition, it offers a Table of Contents (TOC) presentation format, that the inmate can use at their Parole Hearing. The Format should streamline the Post-Conviction factors presented to the Commissioners including self-help classes, Education,  programming, Apology Letters, Relapse Prevention Plan, among others. All the achievements earned can be presented in an abbreviated format to fit in the 2 - 3 hour Parole Suitability Hearing.

The Relapse Prevention Plans (RPP) SAMPLES allow a framework for 1) substance abuse avoidance as well as 2) criminal conduct avoidance,  whichever bad behavior that needs to be identified via triggers (red flag, warning signs) before it re-occurs. The RPP should provide an action plan the inmate is ready to execute by using the Law of Replacement principles to avoid the need for illegal substance usage or criminal behavior.

The Parole Packet  can also be "snail" mail to the inmate because the TOC (blank forms) can be filled out by hand (yep! the old fashion way.) If you only want the sample letters portion of the Packet, then see Product ($9.99) entitled "SAMPLE LETTERs"  or search the Key word SAMPLE  in our RenegadeAttorney,com website.

Sometimes a GOOD PRESENTATION and great Support Letters (at a Parole Hearing) makes a difference between a Grant of Parole and a 3-year Denial.  The Packet makes a Positive Statement about the inmates Readiness to re-integrate in the Free Community.