A story of undue influence.

     They compromised. They were told not to by the Judge, but they did. Why?
     Watch the videos. You see what the jury saw. Is Eddie just protecting himself? Or has he set about consciously to kill Tyrone? Before you answer, you must know this: in order to say that it was NOT self defense, you must be certain it was not self defense beyond a reasonable doubt. That’s the standard that must be used to defeat a self-defense claim.
     Let’s say that you came in with a bias and really wanted to find Eddie guilty of murder or manslaughter, the two charges leveled against him. In watching the video you would have to have ZERO reasonable doubt that he was going after Tyrone and not simply trying to defend himself where the guards had disappeared and no one was there to help him against someone who was already mentally unstable and had just slashed the throat of his cellmate.
     Can you watch those videos and not believe that Eddie was only trying to defend himself? There was even testimony by Lt. Anthony Garrow that Eddie was standing still on his “front porch” while Tyrone again advanced against Eddie. [Trial Page 66: 16-20] If you can agree with this statement even a little bit, then you have reasonable doubt and you would have HAD to have found that he was not guilty of murder or manslaughter.
     Many people watched the videos prior to the release of this website. No one came away saying they were unsure about it being self-defense. So out of a jury of 12 people, how is it that none of the 12 believed it was self-defense? What could have influenced them to rush to a conclusion that was simply not justified by the facts?

1. It was Halloween. Friday, October 31, 2008. The jury members must have been anxious to get home with their families, and did not want to deliberate until 6 or 7 pm, or worse, come back the following Monday.
2. The jury had lunch before deliberations. They began deliberations with lunch at 11:35 am. About 30 minutes later, the judge got a request from the jurors that they be allowed a smoke break. The judge refused their request and would not allow them a smoke break until 2:00 pm.     
     The jurors’ haste was made that much easier by the fact that they had seen Eddie in the corridor still in his prison clothes and laden with handcuffs, waist chains and leg irons. That was before he changed into the business suit we got him for trial. The jurors were not supposed to see him like that – courts have found that can prejudice a jury. It certainly did not help. What they must have seen was not Eddie, but a convict. Arms tattooed. Scary looking. Bad first impressions are almost impossible to erase, and it’s so easy to say, well, if he’s not guilty of this, he’s guilty of something.

“Ms. Gibbens: The jury saw him shackled this morning.
The [Judge]: Well, that’s not unusual.” [Trial Page 43: 9-11]

     The point of this is, it should be unusual! That’s why defendants do not come into court in shackles or in prison clothes. Jurys are just people, and to that date their only exposure to the courts has probably just been for traffic tickets. And now, Eddie’s trial was full of convicts – Eddie, those testifying for him and those testifying against him.
      They were told they could not compromise – the “I can’t agree with murder, but I’ll agree to manslaughter if it means we can get out of here” kind of thing. Yet they did. They must have. No group of 12 people could have watched those videos without at least ONE of them saying it was self-defense.
     Who is to say where the tipping point is for a jury. If they can remain dispassionate, then the facts of the case alone will guide them.

THE ELEMENTS OF SELF DEFENSE ARE CLEAR CUT IN THIS CASE
        By the Government’s own definition of self-defense, Branch was only protecting himself.  This defense strategy was not
       aggressively pursued or challenged. 
       The defendant did not provoke the conflict
        6:44:00 Johnson turns around to walk across the unit to get to Branch, who
        returned to the area in front of his cell at 6:44:07, confirming that Johnson
        instructed Branch  to get his weapons and that he was going to attack him
        again
        6:44:15 Johnson swings first at Branch
       The defendant reasonably believed that he was in immediate danger of harm
       or serious bodily injury.    Branch was stabbed seven times and witnessed Sparks fatal stabbing.
       The defendant used only such force as was reasonably necessary to prevent the danger.
      Johnson is shown raising his left arm, rolling over and responsive at the end of
       the video.  He subsequently required sedation in the Emergency Room due to
       his movements and nobody knew he was mortally wounded.
       Branch was fending off an attack, not forming malice afterthought of how to
       kill Johnson.
      P. 204 – Four elements of self defense:
    Defendant has to prove under imminent and impending threat of such a nature as to induce a well-grounded fear of
    death. Branch was stabbed seven times and saw the murder of Sparks by the same assailant.
    The defendant had not recklessly or negligently placed himself in a situation in which it was probable that he would be forced to
    choose the criminal conduct.
    Unprovoked attack – Johnson turns around to finish Branch off at 6:44:00.  Branch was not even back to his cell until
    6:44:07.
   In an incident that lasts under two minutes, each second and each frame of the video must be analyzed. 
   The defendant had no reasonable legal alternative.
   Established time and time again on the video evidence, in which ten guards are watching, not helping.  There was an ongoing
   racial riot at USP Pollock on that day, making the yard unsafe for Branch.
  A reasonable person would believe that by committing the criminal action, he would directly avoid threatened harm. It is  very difficult for someone who is not familiar with prison politics and conditions to understand this case.  But it is imperative that the verdict is approached with an open mind, based on the fact. After watching Sparks fatally stabbed, multiple guards and inmates around that were NOT going to provide assistance, and the attacker telling you it’s not over yet…reasonable must be carefully evaluated in a setting most will never be familiar with.

1)   P. 196 – How could the jury ascertain the credibility of the witnesses? They were never  
      told about the huge sentence reductions and there was very little cross examination, even
      in light of huge testimony discrepancies.
1)   P. 201 – the jury should consider all the facts and circumstances preceding (Johnson’s record
    not allowed into trial), surrounding (Johnson walking across unit to get to Branch) and
    following the killing (Johnson was alive and Branch was waiting for officers to get him out of
    there). It is irrelevant if Branch said anything to Johnson, even though only one witness (18
    year reduction in sentence) stated this.  The fact is that Johnson walked across the unit to get to
   Branch. Branch did not approach Johnson and this fact should have been stated countless times
    in the trial.

Resource: For the Jury Instructions as to the elements of voluntary manslaughter, see Trial Page 202: 2 – 15. The Four Elements Eddie had to prove are found on Trial Page 204: 6-20.

Branch is facing a 25 year to life sentence if there is a new trial, as the prosecution will once again try him for second degree murder.  The stakes are high, his life…but he will fight every day to defend his name, that he acted in self-defense.  And he pursues a new trial understanding all of the risks involved, but is driven to correct this injustice and hold the Government accountable for use of false evidence, and bartering for testimony with sentence reductions.  And then continuing the fight for others in the same situation.  This goes on more than the public would like to know in the federal prison system.  A racially charged environment, prevalence of violence and no intention to intervene when a conflict escalates.  And then charging an inmate for defending his life.

Tyrone Johnson: aggressor at all times, ambush attack on Sparks, turns same weapon on Branch

Edgar Branch: the second victim on this morning, forced to defend himself from Johnson, then charged with his murder

Victor Novene: black inmate closest to the entire altercation (the only one in gray long sleeve shirt and white pants) – testified that Johnson said “go get your knife,” that Branch “didn’t want to do it,” that Branch never stated any intention of killing Johnson, nor did Novene feel that was Branch’s intention, and hit Branch with a broom by the showers – no sentence reduction given and inmate testified truthfully, knowing there would be no credit given, and potentially placing himself at risk by doing so

John Ward: white inmate in close proximity to the incident – heard Johnson say “go get your shit,” seen in video holding half gallon cooler/cup – no sentence reduction, potential harm to himself by testifying

Michael Henderson: white inmate wearing cap, threw trashcan to distract Johnson during the assault, had been released from Pollock and came to testify from another state on Branch’s behalf

John “Cowboy” Hudson: (seen shirtless and in boots in the video) claims he was scared and threatened by Branch, but interaction on video is brief and does not support that, Branch was never in Cowboy’s cell as he stated, Cowboy was waiting outside of cell with knife, quickly exited the unit, never speaking to Sparks, and is the only witness who claims to have heard a racial statement by Branch as he was leaving the unit, a variation of a statement heard by the guard escorting Branch out, but more menacing and inflammatory, was upset about a 2 year sentence in solitary for providing the knife, was placed in the same room with other government witnesses immediately preceding his testimony – this inmate received a 10 year sentence reduction for his testimony, and is a convicted sexual predator in the state of Florida

Alexander Blackmon: black inmate who was always at least 100 feet away from the initial altercation, in his cell as it started, clearly identified by himself in video as he is the only one putting on a belt and is the only one who “heard” Branch ask for the “butcher” – even Hudson didn’t say this and he gave Branch the knife. Also stated Branch said, “I’m fixing to kill him”, something NOBODY else much closer heard, says Johnson told Branch he “was going to spare him”, another statement not heard anyone in closer proximity, changed his statement from what was given at the Grand Jury, received an 18 year sentenced reduction and transferred to another facility at his request

Jaysson Brown: government witness, not in the video…why? because he wasn’t even at Pollock during this incident, yet was allowed to testify against Branch, received a sentence reduction, was released from BOP custody into state prison.

Click here to go back to the Video Evidence page.

Government Response to Appeal

Appeal (NB – Large 8 Mb File)

Issue:  Counsel was ineffective in investigation, preparation or for another substantial reason.

• No mental health or medical evaluation of Branch regarding shock, trauma, inability to form malice afterthought under these circumstances, seeing Sparks bleeding to death, nervous system response to simply survive.
• Unable to get chow hall riot evidence into trial, indicative of large scale riot and inability of BOP to control inmates: this was happening as Sparks and Johnson were being placed onto gurneys; how did black inmates know it was Johnson? Because it was part of a large, orchestrated, calculated event at USP Pollock on that day.
• Inability to have expert witness testimony about life in federal prisons: gangs, racial imbalances, BOP reports showing number of inmate on inmate assaults.  In light of Jena-6 occurring in the same area, in the same time frame, and a facility where there are approximately 1500 inmates (200 white), racial instability and violence are integral to the story. The influence of the gang DC Blacks at USP Pollock is paramount and should have been introduced. Johnson was a member of this gang.
• Inability to have Government witnesses (inmates) in video: after thorough review of all camera angles, locations of key witnesses is not the way it was presented in court.  This is pivotal because the jury was incorrectly led to believe that a major witness for the prosecution was in the vicinity of the incident, when in fact, his cell door was closed at the time. 
• Ineffective exploration of BOP guard policies during inmate altercations: if it is their policy not to intervene, and inmates know this, how does an inmate protect himself from being assaulted or killed? The role of correctional officers in this incident will be discussed in detail later in this memorandum. Multiple interoffice memos describes these incidents.  Officers include: Stephen Cope/Special Investigative Technician, Lt. Anthony Garrow, Officer James McCullough and Lt. J. Lemoine.
• Failure to produce an adequate visual for the jury of the B-2 unit, which was imperative to show the distance Johnson walked to re-engage Branch.
• Did not pursue the “two-minute” interviews conducted on all inmates after the incident: there are many frames of the prison video that show six to seven inmates in key parts of the altercation, but these records were not adequately reviewed, and inmates were not interviewed by Mr. Blanchard.
• Unable to get records regarding Johnson into evidence. His Chronological Disciplinary Record details 25 disciplinary incidents, 14 being assaults on other inmates. Johnson also stabbed a correctional officer and should have never been in general population.  His violent history and affiliation with the DC Blacks is critical to understanding this incident.  Conversely, Branch had no write-ups and this should have been explored further.  In fact, Branch was 18 months away from going home. 
• Testimony from an inmate on the bus coming into Pollock with Johnsonheard him say “he was going to get a cracker”, yet this was never introduced into evidence.  Yet multiple statements from inmates regarding “comments” by Branch were admitted and heavily weighted.  These will be addressed and discredited later in this memorandum.
• Testimony of inmate Fox was not investigated even though he had an altercation with Johnson immediately preceding Johnson’s attack on Sparks and Branch.

By the Government’s own definition of self-defense, Branch was only protecting himself.  This defense strategy was not aggressively pursued or challenged

Issue: Counsel’s failure to maintain adequate communications with defendant.Issue: Court’s failure to provide substitute counsel

Issue: Court’s failure to hold inquiry into claim of ineffective assistance of counsel.Issue: Counsel had conflict of interest or another case that occupied his time.

On January 13, 2008 Branch wrote a letter to Judge Kirk asking for the transfer to Florence to be put on hold.  This would make legal visits from his lawyer in Louisiana very difficult.  Branch states Mr. Blanchard has not adequately prepared for the case and requests new representation.  Branch met with Mr. Blanchard for ten minutes prior to court on December 12, 2007.  They met a second time for ten minutes on January 9, 2008 since Mr. Blanchard spent the majority of his time with another inmate at the facility.

Branch received no information or discovery about his case.  He requested another attorney.  Also, with non-contact legal visits, phone conversations between Branch and Mr. Blanchard could have been recorded.

Branch wrote to Judge Kirk again on January 21, 2008 to air additional grievances with Mr. Blanchard.  There were approximately 1,500 interviews done the day of the incident that were not reviewed.  Key witnesses had already been moved to other federal prisons or released and were not properly interviewed. Branch also stated that he only received partial discovery records.  There were no police reports, inmate reports, medical reports or FBI documents.

Mr. Blanchard confirms that he met Branch immediately prior to the court appearance on December 12, 2007.  In the Motion to Determine Status of Representation, Mr. Blanchard also states he “spent the bulk of his time with another inmate “ at Pollock on January 9, 2008.

On January 17, 2008, Branch wrote Mr. Blanchard directly and asked him to remove himself from the case.  A second letter was written to Mr. Blanchard by Branch on January 30, 2008 again requesting he remove himself from the case.

On January 31, 2008 Branch details in another letter to Mr. Blanchard why “there is a conflict of interest and a breakdown in communication.”

After being advised his only other option was to represent himself, Branch reluctantly and under duress, retains Mr. Blanchard as counsel on March 19, 2008.  Branch was fearful time was running out to prepare his defense and felt “some” representation was better than none.

Mr. Blanchard had only tried one other inmate homicide case prior to this one. He did not  

comprehend the the severity of conditions in BOP facilities and reasons for gang affiliations.

       Cross examination was non-existent or minimal on key witnesses.  Discrepancies in testimony were not effectively pointed out for the jury..

The actual time spent in the courtroom was minimal and witness investigation poor.

In session 10-29-08          2:00-5:20 pm

                 10-30-08          8:45am -4:50 pm

                 10-31-08          9:00am-11:35 am

                                         3:10pm-3:20 pm

Approximately fourteen (14) hours to defend a man’s life. 

                        Issue:  Counsel’s failure to investigate mitigating circumstances.

Mitigating Circumstances:

1)      Ongoing race riot throughout the institution.

2)      Tension in Louisiana due to mishandling of Jena-6 – the march in Jena took place 36 days before Branch’s Grand Jury hearing.

3)      U.S. Attorney Donald Washington had been heavily disparaged in the press and the community for not punishing white juveniles involved in incidents leading up to Jena-6 assault.

4)      Did not argue aggressively to get Johnson’ s record into evidence, including history of stabbing an officer and not being accepted into a gang-related program, as well as the statement of “going to get a cracker” upon arrival to Pollock. His vicious attack took place 18 days later.

5)      BOP statistics that show the prevalence of inmate assaults at USP Pollock.

6)      Racial imbalance at USP Pollock, dominated by black gangs, particularly violent gangs like the DC Blacks (Johnson was a member).

7)      Failure to introduce Inmate Fox’s statement, which involved an altercation with Johnson immediately preceding the stabbing of Sparks.

8)      Failure to question why Johnson was in general population after his brutal stabbing of correctional officer at Marion.

Issue: Counsel’s failure to advocate the defendant’s theory of the case.

Serious Errors

1)      Failure to understand video evidence: key witnesses are misidentified.  Proper identification would have shown certain inmates could not have heard what they stated they heard.

2)      Failure to compare critical testimony at Grand Jury versus the trial, and the fact that only witnesses who received reductions testified to inflammatory statements and key statement about Johnson “letting” Branch go.  Victor Novene, a black inmate who assaulted Branch in the shower, never heard these statements and he is the only witness in a physical location to hear any exchanges between Johnson and Branch.  He only heard Johnson say “go get your shit”, which meant (and Novene stated) that Johnson was coming back for Branch.

3)      Failure to acknowledge gang affiliations and racial climate at USP Pollock

4)      Failure to have Branch’s injuries adequately explained – “superficial” wounds shouldn’t need sutures.  Review of medical records shows Branch should have been taken to the hospital for xrays and intravenous antibiotics and blood work to rule out any exposure to bloodborne pathogens. 

5)      Failure to discuss the severity of racial incidents surrounding April 20, 2007, which caused USP Pollock to be locked down for a month, with National Guard intervention.

6)      Failure to have key players, particularly Alexander Blackmon, identify themselves on the video – this would have immediately negated Blackmon’s testimony due to his location, and severely hindered his opportunity for 18 year sentence reduction.

7)      Failure to discuss on video that Blackmon’s cell door was shut while Johnson says “I’m going to spare you” making it impossible for him to hear this.  A simple demonstration behind the closed courtroom door at 80 feet away from the jury would have proven this.

8)      Failed to demonstrate why it wasn’t safe for Branch to leave the unit- race riots going on in multiple yards

9)      Failure to exploit discrepancies in witness and inmate testimony

10)  Failure to adequately demonstrate the layout of B-2, where incident took place and where key witnesses were from all different camera angles

11)  Failure to use BOP’s own internal memos to corroborate Branch’s self-defense argument, defense witness positions, statistics on inmate assaults and failure to capitalize on flawed BOP security policies

12)  Failure to prevent photos of Johnson from being shown: his injuries could have been explained by the medical  examiner.  She was a neutral witness who merely relayed the facts.  The prosecution hoped to add drama and shock the jury with the horrific facial photos.  Johnson died from internal bleeding and cerebral swelling, so these photos had no merit in the trial, except to somehow arouse sympathy for the aggressor

13)  Failure to explore BOP officer statements regarding the incident:

6:44:10 Johnson approaches Branch

Per R. Fontenot/Senior Officer:  he escorted Branch out to recreation cage and never head the racial statement alleged my inmate Hudson

Per Stephen Cope/Special Investigative Technician: “I started to pan the camera and noticed inmate Edgar Branch getting up from the floor in the B-4 unit common area.  Inmate Tyrone Johnson was moving in the vicinity of Branch.” Also provides detailed account of racial riots going on in other units of USP Pollock at the same time

Lt. Craig Lee: provides detailed account of simultaneous race riots at time of Johnson-Branch incident throughout the prison. 

Summary of Ineffective Counsel Issues 

1)      Mr. Blanchard did not have experience with inmate homicide cases.

2)      Mr. Blanchard had little interaction with Branch for pretrial strategy and frequently ignored Branch’s requests.

3)      Mr. Blanchard failed to effectively cross examine government witnesses.

4)      Mr. Blanchard failed to properly identify key witnesses on the video.

5)      Mr. Blanchard failed to show the jury a detailed map of B-2 for the jury to understand where witnesses were

6)      Mr. Blanchard did not effectively argue key issues: allowing expert testimony in, allowing Johnson’s record into evidence, did not pursue psychological examination of Branch, and weak cross examination of government witnesses

7)      Mr. Blanchard failed to effectively argue Branch’s position of self-defense which is confirmed by prison surveillance.   Mr. Blanchard failed to competently use the very piece of evidence that exonerates Branch: the prison surveillance videos.

Downward Departure Ruling

Per Judge Drell’s extraordinary statement:

           “Now, this is a very unusual case, factually speaking….there are five elements in the victim’s conduct policy statement that addresses the size and strength of the victim or physical characteristics, the persistence of the victim’s conduct, and efforts by the defendant to prevent confrontation…then Mr. Branch comes back in and stands, goes into the cell, pretty much obviously getting what he needed to protect, defend or whatever….but he stood in front of the cell…the applicable guideline ranges are as follows: 151-188 months incarceration….I wonder what would have happened if some of the guards had come through the door earlier and whether this would have ended in a fatality….did Mr. Branch act reasonably? Perhaps…with that in mind, I do find 5K2.10 does have some applicability here, and warrants some deviation from the guidelines…under Section 3553(a), there is also the requirement that I impose a sentence that takes into consideration the nature and circumstances of the offense and the history and characteristics of the defendant…the defendant Edgar Branch is hereby sentenced to serve a 120-month term of imprisonment.”

Complete Trial Transcript (NB - Large 6 Mb file)

Supermax Sentencing

     A riot along racial lines broke out in the chow hall immediately after Tyrone was defeated. While it has not be proven, it’s likely this riot was in response to the incidents in the B-2 Unit. Based on what Derrick said, “It wasn’t me. I didn’t do it,” there is a strong basis to suspect that Tyrone was set up for his part in the whole debacle by instigators who wanted an excuse for the riot, or at least to create as much havoc within the walls of Pollock USP as they could.

     There are several references within the transcripts that Tyrone was an extremely violent person easily have been used by individuals who found it easy to control him. They knew from his record that he was a loose cannon – all it took was someone to light the fuse. Tyrone was pre-disposed to this. On the bus to Pollock he was overheard saying that he was going to get himself a “cracker – he had done it before and it was going to do it again.” Tyrone had stabbed a correctional officer at his previous facility. This comment was brought up in a sidebar conversation with the judge, and this witness was not permitted to tesify at the trial.

     Tyrone had only been there for 17 days, not long enough to make either friends or enemies, but came in with his typical hostile predisposition. [See Tyrone’s Rap Sheet] Who else but his “friends” could have set him up with some emotional pretext of Derrick doing or saying something ill about him?

     Remember that when word first got to the chow hall about the fight and the stabbings, Tyrone was still alive. So it was probably not his death that was reported. Stabbings are far too common in prison to result in riots. Yet this one did.

     Not a single word regarding this riot was allowed into testimony in Eddie’s trial. We have since obtained officer statements from internal BOP memos regarding that day. Although the prosecution wanted the jury to believe these were separate incidents, they began as Sparks nad Johnson were placed on gurneys..   Lt. Garrow did a report on both incidents that morning. This report was not allowed in except as a “proffer,” a sealed document to be included in the court papers but used only if the issue of the riot were found to be relevant. We do not have a copy of that report to offer you. [Transcript Page 23: 17-20]

See the related article, COMPLICITY OF THE BUREAU OF PRISONS? for more discussion of the chow hall riot.

OFFICER STATEMENTS FROM INTERNAL BOP MEMOS

Per Officer James McCullough:

“…I reported to the dining facility to clear the remaining inmates out from the breakfast meal. At that time, I heard a lot of noise and saw a table flip in the dining hall….I observed several black inmates kicking and punching white inmates…I started clearing inmates off the wall and directing them to the outer door…a large group on inmates pushed through the door and into the corridor before I could secure it…several inmates rushed me because they knew I had the key to let them out…someone attempted to pull my keys off my belt…

Per Lieutenant Craig Lee:

“… As the ambulances were approaching, I heard a radio call for assistance in Food Service.  I responded from the rear gate and assisted in securing a white inmate in the East Corridor who was refusing to submit to restraints. I then proceeded to B-Yard where several white inmates were on one side of the yard and several black inmates were on the other. Both groups were refusing to enter their housing units…At this time, there was a commotion on C-Yard and I observed a large group of inmates depart Food Service. I heard staff calling on the radio for assistance on C-Yard. I directed the 8-Tower Officer to discharge his Less Than Lethal Munitions onto C-Yard…several black inmates were vocal about problems with white inmates and refused to enter their housing units…vocal and encouraged other inmates to remain defiant and making comments about not racking in until they knew the status of inmate Johnson…

How did anyone know it was Inmate Johnson? He was still on the gurney.

Per Stephen Cope/Special Investigative Technician:

“…staff arrived and I secured the crime area until the FBI arrived…as I made my way across C-Yard, I heard a call for assistance in the Dining Facility. When I arrived in the Dining Facility, I observed numerous black and white inmates fighting…I then heard an additional call for more staff on B-Yard…when I arrived at B-Yard, there was a group of white inmates…refusing to enter their housing units…another call for assistance was made on C-Yard and I turned and noticed a large group of black inmates coming out of the Dining Facility entrance…I responded to the dining facility and observed a large disturbance between black and white inmates…when I arrived at B-2 Unit, staff and inmates had gone through and were going through the crime scene area at the B-2 entrance and was no longer secured. I was told this was due to the large scale disturbance and they had to secure the inmates as soon as possible to avoid further incidents…due to the numerous incidents and institutional emergency, a crime scene log was not done…”

Per Lieutenant J. Lemoine:

“…Lt. Pinmentel advised me to prepare of the emergency escort via ambulance.  While at the rear gate assisting paramedics with placing the inmates in the ambulance, I hear another call for assistance in the dining hall…”

     To what degree is the Bureau of Prisons responsible for the incidents of April 20, 2007? How did their actions and inactions contribute to the deadly events that day? Here are some other issues they failed miserably on:

Watch the video and look for these particular images:

On the PTZ Angle Moving Camera:

6:44:39 The guards shut the door, leaving Branch and Johnson on their own, no way out

COMPARE  TO B-2 INNER SP CAMERA

6:44:41 Seven guards behind that door that just closed

6:44:50 Ten guards standing just a few feet  away from this incident, watching through the

closed door

THINGS NOBODY WANTS TO ASK ABOUT

Why was Tyrone Johnson in general population? An internal memo from the BOP states that he

Had a CIM Assignment of Separation and Security Custody levels of High/MAX due to history

Armed bank robbery AND Assault with Intent to Kill and Possession of a Weapon?

Why did it take so long to transport these inmates to Rapides Regional? A hospital listed as

14.33 miles away, 23 minutes (and that is not by speeding ambulance)…the hospital did

an excellent job of trying to save both inmates…but one can’t help but wonder if Derrick would

have had a different outcome if he had arrived sooner? His injuries included a hemothorax,

a punctured lung with blood in it…could he have lived if this had been stabilized with

a chest tube? The ER did do a chest xray and did see this, but Derrick basically had no

vital signs upon arrival, and was not stable for any additional procedures. ERs treat

collapsed lungs all the time….if only Derrick had gotten there sooner…

Why doesn’t anyone get outraged over the fact that the three witnesses who testified for the

Government were not in proximity to hear the incident or were not even incarcerated at USP

Pollock at the time? Yet, one is a convicted sexual predator in the state of Florida, all were

sequestered together prior to testimony, and ALL received significant sentence reductions.

Who will step up when a child or innocent victim is assaulted by someone in this trio,

considering they will be out in the public much sooner than their original release dates?

Why doesn’t anybody care that Tyrone had to run quite a distance to get to Branch and finish his

attack?…Eddie wasn’t celebrating, he wasn’t happy to be in this position, he didn’t approach

Tyrone..yet the prosecution would have the public believe Eddie is a malicious animal.  The

only malicious animal that day was Tyrone, and he destroyed many lives for NO reason.

Consider the following:

         1. The guards were no defense. We have already seen, and Eddie already knew that they would not be there to help him. He had already been on the ground calling for help when a guard was present in the unit, and NO help arrived.

2. Eddie would have had to walk past a whole lot of cells and the 4 showers to get to the sally port. He had no idea what awaited him. He did not know if Tyrone were the only one involved in this attack or not.

3. Eddie would have had to walk past a whole lot of black inmates, the same ones who were the reason why he was unwilling to surrender his weapons until he was in the actual custody of the guards. Eddie knew that even though there were guards (11 of them) on the opposite side of the window, he was still vulnerable to attack and death by the very people who were witnessing this incident. The closed door would have allowed just enough time for his own death before the guards could get in with their “non-lethal weapons.”

4. He had no idea what was going on in the yard. He had no idea if there were others waiting for him there or not. Even while being escorted by an officer out of the unit, Eddie found it necessary to look over his left shoulder to see if someone were coming at him. Note the testimony of Lt. Craig Lee, “…we exited the unit. And inmate Branch turned over his left shoulder upon exiting the unit, and I also looked out on the compound at that time, to see if somebody wasn’t coming towards us….” Lt. Lee was no fool to prison life. He looked too. [Transcript Page 139: 16-20]

         The above points are fairly logical, reasoned explanations of why he did not walk out of the unit. But we need to ask, how logical and reasonable would you be if you had just been stabbed 6 times while you were unarmed? Further, the last you heard from your attacker was “Go get your shit,” meaning that this was only a pause – he was still going to come after you. In that same kind of confined “alternate” reality of the prison, would you have been reviewing your options or would you have done what you had to stay alive?

         We note too that Mike Henderson did not leave. He went to get his own weapon, however limited it was in the face of knives. Numerous other inmates did not leave either. You can watch the video to see just how few inmates actually left the B-2 unit. Obviously, while the prosecution sees leaving as a very reasonable, proportioned response to being attacked, it did not appear to be a viable choice to Eddie nor to very many others who were also familiar with the unknown and unexpected daily dangers of prison life.

         During the trial Mr. Cowles, the lead prosecutor, kept insisting that Eddie could have walked out. In fact, he tried to hammer this home to the jury, time and again. What Mr. Cowles lacks is the ability or willingness to feel what another feels, to imagine what it’s like to have been stabbed numerous times and still know you must fight to save your own life.

     6:42:00 am. Eddie’s cellmate, Derrick Sparks, a 25 year old fellow from Kansas, walks back to B-2 building. The sally port is an anteroom with an inner door that opens to the unit, while its outer door opens to the yard. The inner door swings into the sally port, and the outer door is a sliding door. Derrick goes through the sally port and enters the B-2 building where, unbeknownst to him, Tyrone Johnson is hiding in wait just inside the door. As Derrick crosses in front of him, Tyrone lashes out with a shiv and slits his throat.

     6:42:45 am. As Derrick runs from Tyrone and toward the plastic chairs in front of the TV, Tyrone lunges forward and sticks the knife into Derrick’s lower right ribcage. Derrick crashes into the chairs which is the first time Eddie and Mike become aware of the incident, Mike just a moment before Eddie because of the ear-buds.

     6:42:50 am. Mike Henderson testifies later that at this point he sees Tyrone pull the knife out of Derrick’s ribs. He says, “And Bubba Sparks [Derrick] was running straight at me, holding his neck, and it looked like blood was squirting out of it, and he was saying, ‘I didn’t do it. It wasn’t me.’ At this point you don’t know what’s happening, but I seen a guy running right behind him pull a knife out of Bubba’s ribs.” The trial never disclosed what Tyrone Johnson had accused Bubba Sparks of doing, but we may never know since both of them are dead. [Trial Page 160: 5-16]

     This is how the morning started, and you can find Mike’s testimony beginning on page 157 of the trial transcript.

          Michael Henderson continues to testify. Bubba ran right into him, spilling blood onto his uniform. He saw Johnson swing the knife and hit Eddie before Eddie could even get out of the chair.

     At this point Eddie started up, but Johnson got him to the floor and stabbed him a total of some 6 times. Mike threw a plastic trash can at Tyrone which startled him and distracted him from Eddie. Mike says he did not at that point if Eddie were alive or dead because he was just laying there. Another inmate, Victor Novene, showed up and told Michael to get the hell out of there, which he did.

     It’s important to note here that Victor Novene was a witness for Eddie Branch. He is a black man who had not seen how the incident began, and did not come to Eddie’s aid, but he later reported accurately what he saw. It’s also important to note that Michael Henderson did not go outside, but went upstairs to his cell. There, Mike also armed himself with his belt and lock, an improvised weapon. [Trial Page 162: 1-3]

     Race has become less and less important in daily life in the US. However, in its prisons it is a major factor if not THE factor in how smoothly the prison runs. Because the District of Columbia is not a state, the federal prison system is the equivalent of the state prisons for Washington, D.C. About 80% of the Pollock United States Prison (USP) is black, the other 20% being white and Hispanic. Tyrone Johnson was black, Eddie and Michael are white and Tyrone’s first victim, Derrick, was white.

     Victor said that Eddie lay on the floor fighting off Tyrone while calling for help. [Trial Page 171: 3-4] No help arrived. The videos even show one guy getting ice while all this was going on, as if he knew that the subsequent lock-down was going to require that he stock up now. Violence in prisons is terrifying to all, but happens frequently enough that people know to stay out of other peoples’ business.

     While all this was going on, Derrick Sparks made his way back to the sally port, bleeding profusely from his neck. A guard came through the outer sally port door at that moment, and Derrick slumped to the floor. The government’s forensic pathologist, Dr. Susan M. Garcia, testified that Derrick suffered two stab wounds to the head, one to the lower back region above his right hip, and had some abrasions on top of his left shoulder. [Trial Page 87: 22-25]

     While there are 5 stationary cameras and one remotely-controlled camera in the B-2 unit, not one of them was capable of focusing on the area near Tyrone’s cell. This gave Tyrone a blind spot in which to operate.

     Right before the two of them disappear from the videos, you can see Tyrone pull Eddie, who is still on the ground, into that blind spot. Whether it was the trash can that brought him back to his senses or just a sense of invincibility we will never know. But there is John Ward’s testimony that at this point Tyrone says to Eddie, “Nigger, get your shit Cowboy.” And at this point Tyrone lets Eddie up. [Trial Page 180: 18]

     Victor Novene testified that Tyrone made the same or a similar statement, “In the course of me coming out of my cell, he told me to go get his – to go get his knife. In the course of my coming out of my cell, he told me to go get his knife, yes. [Trial Page 171: 8-10] Whether Tyrone was telling Eddie to get his ‘shit’ or whether his remark was intended for Victor Novene, the fact is that Tyrone backed off and allowed Eddie up off the floor. His actions would seem to indicate that Victor misunderstood. [In the days following the incident, Eddie told me that Tyrone looked him square in the eyes and asked, “You want to go at it?” which he followed with “Go get your shit.”]

     We cannot see what Tyrone is doing. One report said that he returned to his cell [where he may have picked up a second shank – the one that was later found on the floor of the shower]. The remote controlled camera focused on Eddie who went to his own cell where he retrieved a plastic [later called Plexiglass™] shank.

     Eddie said later he knew the plastic would not stand up against Tyrone’s metal weaponry, so he went two doors down to John Wayne “Cowboy” Hudson.  Cowboy said that he gave him the knife that he carried in his right pocket. [Trial Page 111: 15-17] He also said that there was a guard standing just to his left. This also figures in. [Trial Page 112: 11-13]

     Cowboy testified against Eddie, and his testimony begins on page 109 of the trial transcript.

     As the videos show, Eddie, now armed with the two shanks, goes and stands in an area in front of his cell, an area his attorney likened to standing on his front porch. There was already testimony to the fact that an inmate could not lock themselves into their cell, so the cell itself offered no security. So Eddie stood on his front porch and waited.

     The videos show that hardly a moment elapsed when Tyrone then advanced on Eddie. Remember that the entire incident took place in 1:48 minutes, but the fact borne out by the cameras is that Eddie was standing stock still immediately before Tyrone advanced on him. Tyrone is again the instigator and the aggressor. [See testimony of Lt. Anthony Garrow, Trial Page 66: 16-20.]

          James A. McCullough, a senior corrections officer, testified that he saw Eddie stab Tyrone approximately 3 to 5 times in the head. And it’s true that Eddie stabbed his attacker in the head to stop him. But Victor Novene who was right there said that Eddie did not stab Tyrone once Tyrone was on the ground, meaning that the stabbings must have taken place inside the shower and out of view of the guards. Victor was immediately present – both men were right in front of him. McCullough was watching at an angle through the glass in the door. The door behind which 11 guards were standing and waiting, never venturing into the unit to stop the fight.

     An ambulance came for both Derrick Sparks and Tyrone Johnson. Eddie was taken bleeding to an outdoor recreation cell and left there. It was 2 hours later that an Hispanic inmate ‘reminded’ the guards that he was out there and doing badly. The testimony of Physician Assistant Will Vasquez states that his treatment of Eddie was at 8:45 a.m. That was a full 2 hours after the incident. All that time he had been left unattended in the outdoor holding cell. [Trial Page 103: 7-13]

     According to the Forensic Pathologist, Derrick had suffered sharp force injury to the base of his neck, and a second lethal injury to the common carotid artery. He had two additional stab wounds to his head, and one to the lower back region above his right hip. [Trial Page 87: 16-25]

     Derrick passed away shortly after arriving at the hospital.

     Tyrone died 3 days later.

Please see the layout of B-2 to visualize the distances involved.  You have to look at the actual measurements because the diagram is not to scale.

Trial testimony differs from initial statements and he was in a room with other government witnesses immediately preceding testimony at trial.

In previous statements, Hudson denied supplying the knife and expressed anger over his two year sentence in solitary for his role in the incident.  He denied this statement at trial.

Pre-trial Hudson stated “the black dude is a psycho:  he just came up to the white dude and started stabbing him.”  He also denied this statement in the trial.

P.112, Hudson says he was awakened by Branch yelling for a knife. He says he felt “threatened by Branch – just the way he approached me with a knife in his hand.” The video shows Hudson outside his cell, waiting for Branch 6:44:52.

He goes on to say he immediately left the unit and complied with officers instructions to go to handball court.  Then he states Branch singled him out by saying “ Cowboy, I killed that m-f-ing n*…I killed him.” Was he out in the recreation yard? If so, how could he hear this and why was the only one to hear it? Why wasn’t the distance between handball court and entrance to unit investigated? Guards transporting Branch out of the unit did not hear this statement.

p.117 – Hudson denies discussing Rule 35 sentence reductions  with the prosecutor…but one year later, he received a 10 year Rule 35 sentence reduction.  He is also a convicted sexual predator in the state of Florida.

The Government is going to have some liability when these offenders are released back into the public.

Pollock is a scant 22 miles from Jena, Louisiana. Jena is where the white students supposedly hung nooses on a “white” tree that some black students had begun to sit under. Most people will recall that this turned into a month-long demonstration at outraged people of all colors confronted the white District Attorney of LaSalle Parish who initially charged the black students with attempted murder, when what happened was an assault that sent a white student to the emergency room. The Parish DA later backed of that stance in light of nationwide attention.

     The FBI came in to investigate. They in turn consulted the US Attorney Donald Washington as to whether or not the nooses constituted a hate crime. Washington became a highly visible figure in this whole matter that had begun as a Parish problem. Media from all over the US used Washington as a “go-to” person for the statements and answers they needed, instead of to the Parish authorities.

    15,000 to 20,000 protestors marched on Jena on September 20, 2007, getting nationwide and worldwide TV coverage. Racial tensions were unreasonably high in this part of Louisiana. On November 29, 2007, the same Mr. Washington secured an indictment against Eddie Branch for the death of a black inmate at Pollock. While black students had assaulted a white student in Jena, a white inmate had killed a black inmate in nearby Pollock, and Mr. Washington needed the publicity that white on black crime would not go unpunished. What led to the death of Tyrone Johnson was not as important as the need to show the laws were being applied equally.

Jena may have had 15,000 to 20,000 people in the streets to protest an injustice, but in the Alexandria courtroom we had only 3 to silently witness a more profound injustice – the abrogation of its responsibilities by a willfully ignorant jury and the taking by the government of another 10 years from a man’s life.

     The Government was desperate to prove Eddie guilty. Why?

     According to the Town Talk, April 27, 2008, reporter Abbey Brown reported that Pollock had had 6 deaths in the prior 12 months.

     The Bureau of Prisons (BOP) replaced the warden in about November, 2007, and in the transition week when both he and the new warden were present, there were two more killings.

     A shakedown of the whole prison following the Tyrone Johnson incident and the riot that broke out moments later in the mess hall revealed approximately 300 shanks or knives. Pollock was a prison out of control with a majority of the population being the (Washington) D.C. Gang. No wonder everyone had or tried to have their own protection.

     The BOP had to find someone guilty of one of these murders, and Eddie was the only one that was “solved.” There was no doubt that he had killed Tyrone Johnson, and by having him found guilty they were able to send the message to other inmates that such crimes would be prosecuted.

     Too bad they got their conviction on the back of the one inmate whose only crime was of self-defense.

 To what degree is the Bureau of Prisons responsible for the incidents of April 20, 2007? How did their actions and inactions contribute to the deadly events that day?

THE DATE ITSELF

         Ignored outside, but known within American prisons where there is a racial component, is that April 20 is the birthday of Adolph Hitler. It is clearly unfair to characterize all white inmates as being gang members. Many participate on this day to show solidarity in a world where whites are only 3.5% of the BOP population.  But in some prisons where the white gangs have more power than at Pollock, they have been known to have small celebrations of this birthday.

         Other prisons have had incidents on this date, but there was no particular alert at Pollock because of it. Another USP at Florence, Colorado (not the Super Max unit) had a riot in 2008 over some white inmates singing Happy Birthday in the yard, when they were attacked by black, racist gang members. Why does the BOP simply ignore this date instead of recognizing it as one that is potentially racially charged? This may be difficult because all race have their own racial holidays.

         It is conceivable that at Pollock the black inmates who were members of the DC gang chose that inauspicious occasion to show their muscle, thereby pre-empting any holiday expression by white groups.

BOP statistics

        BOP VIOLENCE STATISTICS AND POLICIES ON INTERVENING IN INMATE ALTERCATIONS                                              

Based on internal BOP documents (USP Pollock/SIS Department).The information is relayed to the reader as it appears on the reports – they are year to date.

FIGHTS

Updated 04/12/06 -  8 

Updated12/28/06 – 51 

Updated 01/06/07 – 3

                        STAFF ASSAULTS

Updated 04/12/06 – 6

Updated 12/28/06 – 45

Updated 05/17/07 – 9

                        INMATE ASSAULTS          

Updated 04/12/06  – 11

Updated 12/28/06 – 91

Updated 01/06/07 – 3

Updated 05/17/07 – 28

                        WEAPONS RECOVERED

Updated 04/12/06 – 17

Updated 12/28/06 – 146

Updated 01/06/07 – 16

Updated 05/17/07 – 320

Per BOP policy:

“…the speed and effectiveness of staff response will directly affect the severity of the situations impact on staff and inmates. Additionally, a well coordinated first response can minimize the disruption to other vital security procedures that is caused by an emergency situation..”

 IMBALANCE

         With the demographics at Pollock reflecting something in the neighborhood of 83% black, with the remainder being white and Hispanic, how could the BOP have allowed this institution become so racially out of balance? Also, as we point out elsewhere, since the BOP acts as the jailer for the District of Columbia, criminals from Washington, D.C. become wards of the BOP. There is no District of Columbia Department of Corrections – that’s what the BOP is.

         What Pollock ended up becoming, therefore, was a facility that was overwhelmingly black and overwhelmingly representing the D.C. gang. If balance is obtained in other prisons by having a mixture of races and gangs (a fact of prison life), then why was Pollock allowed to fall so dangerously out of balance?

         This may not be a “politically correct” observation, but it is what it is. In fact, the higher the security designation of the facility (in this case, maximum security), so too should the diversity be the greatest. Or, by contrast, the higher the security designation, perhaps the units should be wholly segregated. Either solution would probably result in lessened crime and greater control within the prisons.

GUARD RESPONSIBILITIES

         Something so basic as the guards’ responsibilities to protect the inmate, which is part and parcel of maintaining order within a penal institution, should not have to come into question. But it does, within the Bureau of Prisons. Here, guards are reduced to being spectators, or to only going in when they can do so as a military force (see news videos about guards forming marching lines for cell take-downs).

         Interestingly, Lt. Anthony Garrow testifies that in the event of a knife fight like this, guards are supposed to keep themselves safe. “They’re not to jump in the middle of a knife fight. They’re not to try to pry inmates off each other if weapons are involved,” he states. “We will wait until we have sufficient staff to get in there to address the situation … or if we have the less lethal munitions which I spoke of earlier show up.” [Trial Page 46: 1-11]

         The videos show clearly that guards kept coming into the sally port throughout the last minute of this fight. There were 11 of them by last count. How many guards does it take whose brute force could have ended the battle before it ever progressed into the shower?

         Is there a county jail anywhere where the guards would not seize the combatants and stop the fight? Jail guards don’t wait for someone to deliver non-lethal weapons. They settle people down immediately. Cops in the streets are at greater risk from people with knives who have access to drugs like angel dust and meth that makes them immune to their own pain. These drugs must make their way into prisons too, but to a vastly small degree.

         And what about a locked cabinet built into the wall in the sally port, just to carry pepper spray or some simple non-lethal weaponry? A few blasts of pepper spray could have stopped this fight, Tyrone would have been convicted of the murder of Derrick, and Eddie would be out fishing with his Dad. What if! One can of pepper spray!

         In the fight between Eddie and Tyrone, there was a guard standing on the other side of Cowboy, even as Eddie was asking for and receiving the “steel” he needed to battle Tyrone. While that guard is presumably the one who “pushed the deuces,” that is, pressed the emergency button on his uniform to alert the Tower, [Trial Page 121: 22 through Page 122: 3], and may have been the one who was, according to Cowboy, telling everyone to get out of the unit [Trial Page 120: 4-17]. But despite being steps away from Eddie, he never approached him to stop what he was doing, or tried to help him leave.

         To the extent that the BOP prevents guards from their duty to protect the inmates from each other, and does not make equipment available nearby like pepper spray, is the extent to which it is liable for the death of Tyrone Johnson.

CLASSIFICATION

         Why were two non-violent people sent to Pollock which already had a reputation for violence? Eddie and Derrick had short sentences for non violent crimes and no write-ups while at Pollock before this incident. They should never have been sent to Pollock in the first place. It is considered to be a maximum security facility with people who have a long time to serve. 

                  Please be sure to read the article we’re enclosing from Prison Legal News entitled Violence on the Rise in BOP Facilities, by Brandon Sample, included in this site with permission. The BOP is failing to protect those entrusted to their charge. Change at the top is long overdue.

         Two of the murders at Pollock in 2007 occurred during the one-week overlap when the current Warden was being replaced by a replacement Warden. Two Wardens on duty and still there were murders. Yet another murder happened a couple of months later in January, 2008.

     Significantly, Alexander Blackmon did testify that he saw Tyrone Johnson approach Eddie when the fight resumed, and he testified that Tyrone swung first.  That testimony was brought out of him under cross examination by Mr. Blanchard, Eddie’s attorney.

     Immediately before, Mr. Blackmon stated that, while others heard Tyrone tell Eddie, “Go get your shit,” Mr. Blackmon heard Tyrone say, “I’m not going to kill you.  I’m going to spare you.”  [Trial Page 126: 3-4]

     He later says, “And Mr. Johnson told him, ‘I tried to spare you.’  And Mr. Gar told him, ‘You should have killed me when you had the chance.’”  [Trial Page 127: 5-7]

     Please.  This sounds like a bad Hollywood script, not to mention that no one else seems to have heard this exchange.  He makes Tyrone sound like a gallant lad with a sense of Noblesse Oblige, straight out of the pages of The Count of Monte Cristo engaging in a clash of swords.  Either Mr. Blackmon has been reading too many romance novels, or he has a fanciful imagination.  Or both.

The reality is that he has an 8th grade education, and as a career criminal knew he could obtain a sentence reduction for this testimony.

     But he makes a terrible liar. What nobody bothered to ask Blackmon, the prosecution or the defense, is where was he at the time of the altercation? HE WAS IN HIS CELL….and when he did emerge he was over 100 feet away from the altercation…how is is that he is the only one who heard Johnson say he was going to spare Branch? Please see the photos section to get an idea of where Blackmon was actually located. Also, this witness, as well as all of the government witnesses, were sequested in the same room immediately prior to their testimony. And conveniently, Blackmon’s story changed from what he stated in the Grand Jury to what he stated in the trial.

     No one else heard Tyrone speak these lines.  No one else heard Eddie say, “You should have killed me when you had a chance.”  Even Eddie says he doesn’t talk like that.

     Only Mr. Blackmon could imagine that the same person who others heard say, “Get your shit,” would have been capable of saying, “I’m not going to kill you, I’m going to spare you.”

     To the same degree that he softens the killer Tyrone’s words, he puts more inflammatory words into Eddie’s mouth.  We already know that Eddie demanded “steel” from Cowboy, but Blackmon raises this to “Give me the butcher,” implying that Eddie’s need was a knife to ‘butcher’ Tyrone.  Eddie was trying to save his own life.  And while he had the opportunity in the shower, he did not kill Tyrone outright.  He made damn sure he had stopped him.  Tyrone died two days later in the hospital.  Eddie made lots of mistakes in his life, but he is not a killer.  Nor is he a butcher.

     The word had its desired effect on the jury.  And in saying what he did, Blackmon complied with the deal he got from the prosecutors.

     Alexander Blackmon had been sentenced October 12, 2005 to 293 months for drugs and firearms.   He would have completed his sentence sometime in 2029.  In return for the lame testimony he gave, he is now due out in June of 2011.  He was paid by the prosecution to say what he said with time, not money.  He got 18 years taken off his sentence.

     But that’s legal.  It’s Rule 35.

                             p.215 – The prosecutor says Blackmon comes out of his cell into common area but this isn’t even true even by Blackmon’s own testimony. There is confusion as to who Blackmon is on the video and Mr. Blanchard should have attacked this vigorously.  He should have simply asked “show me where you are in this video”.  That would have been the end of his testimony once the jury could visualize he was nowhere near the initial altercation.

Blackmon helps identify himself on p.128 when he acknowledges he came out putting on his belt.  This is clearly seen as he walks from his cell to under the stairs to the showers.  He is the only inmate doing this on the video.  Further, he says Branch “backed him off all the way up to and over by my cell…and into the shower.” It is not plausible or reasonable that Blackmon heard any discussion between Branch and Johnson from across the unit.  The only one standing right there was Victor Novene and his story differs completely.

 Blackmon stated that Johnson “swung” first when he came back to Branch’s cell, but denied this statement at trial.

  Why was the testimony of this witness deemed credible when it is preposterous in retrospect? He heard statements no one else heard, he wasn’t in the vicinity of the initial altercation and he received the biggest sentence reduction of anyone involved in the case. This inmate has an extensive record, with four serious felonies that resulted in the 293 month sentence.  He will commit further crimes, and again, the government will be liable for putting someone with this type of record out on the streets.  The public has to be educated about these types of agreements, and juries should be told during their testimony.  

ALEXANDER BLACKMON  20622-076  06-10-2011 VICTORVILLE MED II FCI

Video evidence that contradicts Blackmon’s testimony regarding proximity to the altercation:

157 B-2 Entry Shower/Stairs/Upper Camera

6:43:23 This is the first time Blackmon’s cell door opens

6:43:47 Blackmon is shown right next to Hudson, adjusting his belt, in front of his cell, which is the furthest cell possible from the initial attack on Branch

6:43:58 Blackmon backs up when Hudson hands over knife

6:44:26 Blackmon walking under stairs to get out of the way of Johnson and Branch

6:44:32 Blackmon shown clearly adjusting belt in video, as he describes

6:44:48 Blackmon re-enters cell, presumable to get his shoes, and continues to watch from cell with door open

He never leaves the area by the showers

Below is a link to a letter received regarding Tyrone’s rap sheet.

         Was Jaysson telling the truth? For starters, he said that Eddie “…told him [Tyrone] to let him up so he could go get a knife; said he already had one knife on him, but he wanted to go get some steel so he could go…” [Trial Page 132: 19-21]

         Two factual errors here already. One, Jayson inferred that Eddie already was armed, which he wasn’t, and two, that he must have said something like, “Hey, Tyrone, let me up, guy, so I can go get a steel knife,” to which Tyrone apparently agreed since he let him up.

         The defense attorney did not cross examine him about this confusing statement.

         Jayson, again testifying as to what Eddie told him, says, “Then he said he went over there and called the guy – well he said he called the guy, waved him over, wrapped the knife up, and then he said they went at it.” [Trial Page 133: 1-3]

         There are lots of “he’s” in this sentence. We do not know for sure who Jayson means by each “he” but it appears he’s referring to Eddie, that Eddie called Tyrone over. Why would Eddie say this when 6 cameras show clearly that Eddie did no such thing. But the statement makes it sound to the jury like Eddie provoked the second attack.

         The defense attorney did not cross examine him about this statement either.

         The capper to Jaysson’s testimony is that Eddie supposedly told him, “…that he could have, you know, easily have gone to the cop and told the cop, hey, that I got stabbed up and I need some medical attention, you know; but like he told me, he said it was his time to shine. He was trying to put in a body, so…” [Trial Page 133: 5-9]

         Incredibly, the defense attorney did not cross examine him about this either. In Eddie’s case, that day of April 20 was a horrible day. Two people were removed to the hospital to die, both due to Tyrone Johnson’s unprovoked attacks.  In April 2007 Eddie was looking at about one more year to serve when he could then go home. THAT was what he yearned for. That was what his mind was set for. Home is where he would be today if it had not been for Tyrone , malicious prosecution, fabricated testimony, ineffective defense counsel and an irresponsible Alexandria jury.

         This supposed exchange between Jaysson Brown and Eddie took place in the SHU, “…long after the event….” [Trial Page 134: 2] As stated above, Jayson testified that he arrived at Pollock in late April or early May. And he further testifies that he was sent to the SHU, he recalled, in mid-May or June. [Trial Page 134: 22-23] This means he was only in general population for a few days or weeks before he got into some kind of trouble that sent him to the SHU.   This witness was initially difficult to locate, as his first name is spelled Jaysson.  However, documents are attached below that confirm he was released from BOP custody and allowed to finish his time in state prison in exchange for his testimony. Why was this witness deemed credible? He wasn’t there at the time of the incident, he was not a friend or confidante of Branch, his testimony does not correspond with what was on the video…it’s ludicrous.

JAYSSON CHARLES BROWN   39735-180  

BROWN,JAYSSON CHARLES (SID: 06169031

Famous Guests: Current guests include “Unibomber” Theodore Kaczynski, “Shoe bomber” Richard Reid, Sept. 11 conspirator Zacarias Moussaoui and Salvatore “Sammy the Bull” Gravano, of the Gambino crime family.

Activities: Isolation is the name of the game at ADX, but as long as they’re on their best behavior, residents can enjoy watching religious and educational programming on their own 13-inch black-and-white television set, or exercising alone one hour of the day in a separate concrete chamber.

Staff: Nearly 350 employees work to keep the 487 highly dangerous prisoners contained.

Article from PRISON LEGAL NEWS
August, 2009 Edition [Vol, 20 No. 8]
www.PrisonLegalNews.org
Reprinted here with permission

         Violence on the Rise in BOP Facilities

by Brandon Sample

         Killings, assaults and other acts of violence are becoming more widespread in the federal Bureau of Prisons (BOP), as the prison population increases and staff-to-prisoner ratios decline. Fifteen prisoner-on-prisoner BOP homicides occurred in 2008 compared with 12 in 2007. Serious assaults on staff increased to 82 in 2008 from 72 in 2007, following a decline in previous years.

         The BOP operates 115 facilities that house over 205,000 prisoners. Most of the violence is relegated to U.S. Penitentiaries (USPs), which typically hold high-security offenders serving lengthy sentences.

         On April 20, 2008, for example, a massive 30-minute riot at the USP in Florence , Colorado broke out in the recreation yard. The incident began after white supremacist prisoners celebrating Adolf Hitler’s birthday began yelling racial epithets at black prisoners. The white supremacists were drinking hooch, a form of homemade wine, and were armed with rocks and improvised weapons. Approximately 200 prisoners were involved in the melee.

         To quell the riot, guards fired more than 200 M-16 rounds, 300 pepper balls and almost a dozen tear gas canisters, plus sting grenades. Two prisoners, Brian Scott Kubik and Phillip Lee Hooker, were shot to death by tower guards. Although the BOP initially reported that five other prisoners had been hurt, it was later learned that 30 prisoners and one staff member were injured during the incident.

         Frank Sims, a prisoner allegedly involved in the riot, described the scene on the yard as “lil’ Baghdad .” Ken Shatto, president of the American Federal of Government Employees Local 1302 (AFGE), which represents BOP workers at the prison complex, remarked “It’s the craziest thing in 15 years I’ve seen with the Bureau.”

         Outsiders like Mark Potok of the Southern Poverty Law Center, an organization that tracks hate groups, were surprised that white supremacist prisoners were allowed to congregate in the yard that day. “I’m not an expert in keeping prisons calm, but it certainly does seem like dangerous business to allow groups of white supremacist criminals to congregate on Hitler’s birthday,” said Potok. “The truth is, it is an iconic day in the white supremacist calendar.”

         Leann LaRiva, a spokesperson for USP Florence, said prisoners are not separated by race on Hitler’s birthday or any other anniversary. “We don’t discriminate on race or ethnicity or segregate,” she said. Not even, apparently, to prevent riots that result in prisoners being shot to death.

         Union officials have long called for increased staffing to help prevent such violent outbreaks – and, of course, to boost their membership ranks. In April 2008, just weeks before the riot occurred, Phil Glover, a legislative coordinator with the AFGE, testified before Congress about rising levels of violence in the BOP. Glover blamed the violence on insufficient staffing and resources.

         According to Glover, the BOP has filled only 87 percent of staffing positions compared to 95 percent during the 1990s. He stated that staffing levels in federal prisons may drop as low as 76 percent if budget shortfalls continue. Compounding this staff shortage, BOP facilities are 36 percent over capacity systemwide.

         The BOP has recognized the potential for increased violence due to staffing deficiencies. In a March 2008 memo, prison officials estimated that a projected $289 million budget shortfall could force the cutting of guard positions to the point “where safety and security of staff and inmates could be in jeopardy.”

         Immediately following the USP Florence riot, then-U.S. Senator Ken Salazar contacted Attorney General Michael Mukasey and requested that additional guards be sent to the facility. Salazar has also called on the BOP to release reports about the riot to the public.

         “The people of Colorado , especially those in the communities surrounding the USP, deserve the assurance that the BOP is taking the steps necessary to improve security at the facility and prevent terrible incidents like this in the future,” Salazar wrote to BOP Director Harley Lappin. Despite Salazar’s requests, the BOP refused to release details regarding the riot, citing an ongoing investigation. The FBI is also conducting a review.

         Amazingly, just three months after the riot, the warden of USP Florence, Sara Revell, received an Excellence in Prison Management award. According to Felcia Ponce, a BOP spokesperson, the award “recognizes outstanding contributions by a warden in the overall management of staff, inmates, and general population.” The BOP did not comment on why Revell was given the award following a major riot.

         On August 10, 2008, just weeks after Revell was recognized for her excellence in prison management, USP Florence was again placed on lockdown due to a prisoner-on-prisoner homicide.

         Violence at USP Florence has even extended to the visiting room. In November 2008, days after visitation was restarted at the institution, a prisoner attacked two visitors. An unidentified BOP guard claimed the prisoner tried to stab his wife and mother-in-law. “It was some type of paper, folded or rolled really tight with a blade in the end of it,” the guard said. “He managed to cut his wife’s neck and then tried to cut up the mother a little bit.” The visitors were taken to a hospital and released.

         The BOP is in the process of separating outside recreation yards at all USPs into smaller, more manageable areas. While the timing of the change may seem related to the Florence riot, BOP officials said it was part of a nationwide move following the June 20, 2008 murder of Jose Rivera, a guard at USP Atwater in California .

         Rivera was stabbed at least 28 times with an 8” ice pick-like weapon; he was unarmed, had no protective equipment, and other prison employees were delayed in coming to his rescue due to a locked door. The two prisoners accused of stabbing Rivera to death, Jose Cabrera Sablan and James Ninete Leon Guerrero, who are both serving life sentences, are scheduled to go to trial on murder charges in September 2010. They face the death penalty.

         USP Atwater was placed on lockdown for three months after Rivera was killed. Once the lockdown was lifted, the prison was plagued by numerous fights – including a dozen stabbings over a one-week period – which resulted in another lockdown. In November 2008 the BOP replaced Atwater warden Dennis Smith, who was transferred to a medium-security facility.

         A subsequent BOP report found that weapons were commonly available at USP Atwater and prisoners were able to get drunk on homemade alcohol. The prisoners who killed Rivera were reportedly drunk at the time. Between 2005 and 2007 the number of prisoner-on-staff assaults at Atwater had quadrupled from 13 to 57 per year. This included assaults involving prisoners spitting or throwing urine on guards, and attacking them with fists or food trays. Half of the reported assaults took place in the facility’s Special Housing Unit.
The AFGE sharply criticized the BOP over Rivera’s murder, calling for the resignation of top BOP officials and demanding that prison guards be provided with stab-proof vests and Tasers, pepper spray and other self-defensive equipment.

         “We have lost all faith in the BOP management,” stated AFGE president John Gage. “It’s incredible to us that the Bureau is making this a labor dispute, that they refuse to give these basic, common-sense tools to our officers. We feel, in the Rivera case, if these simple things we are asking had been granted, he would be alive today.”

         Violence in the BOP has not been confined to USP Florence and Atwater . USP Pollock in Louisiana was the leader in prisoner-on-prisoner homicides in 2007. Two prisoners, Tyrone Johnson and Derrick Sparks, were killed in April 2007 after being stabbed with homemade weapons. Three months later another two prisoners were stabbed in the stomach. In November 2007, prisoners William Bullock and Donald Till were murdered by other prisoners. USP Pollock rang in the new year in January 2008 with the killing of prisoner Peter Avalos Gutierrez, 55, barely a month after he was transferred to the facility. He was stabbed to death with a shank.

         Other institutions with high levels of violence include USP Beaumont, better known as “Bloody Beaumont.” In November 2007, prisoner Gabriel N. Rhone was stabbed to death; a guard received 13 puncture wounds during the attack, which involved two other prisoners.

         USP Lee is another honorable mention. On September 30, 2008, prisoner Quentin Corniel died after sustaining multiple stab wounds. He was less than a year away from his release date.

         The Metropolitan Correctional Center (MCC) in Chicago , Illinois ; the Federal Correctional Institution (FCI) in Three Rivers , Texas ; and the FCI in Phoenix , Arizona round out the top-ranked BOP facilities for levels of violence.

         Jason Katz, serving a nine-month sentence, was beaten to death at the MCC in March 2008 by fellow prisoner Jason Tolen, 20, who was indicted on second-degree murder charges. At FCI Three Rivers, a prisoner was killed during a fight in March 2008. And a brawl involving three prisoners at FCI Phoenix in January 2008 resulted in one prisoner suffering stab wounds to the head.

         Other BOP facilities have experienced their own share of violence. On January 25, 2009, a “large-scale fight” at Federal Correctional Complex (FCC) Coleman, located about 50 miles northwest of Orlando , Florida , left eight prisoners hospitalized with stab or gunshot wounds. One of the prisoners was shot by guards “to prevent possible loss of life,” stated Rita Teel, a BOP spokeswoman.

         Another major fight broke out at the facility in March 2009 that involved dozens of prisoners and left 14 prisoners with serious injuries. Eleven were airlifted to hospitals.
FCC Coleman was placed on lockdown, and the incident is under investigation. “It was a busy day, to say the least,” said Jim Judge, director of Lake-Sumter Emergency Medical Services.

         Two separate fights at the USP in Tucson , Arizona on May 28, 2009 sent three prisoners to the hospital with stab wounds. Most recently, FCI Victorville was placed on lockdown on June 6, 2009 following an attack by prisoners in which four staff members suffered minor injuries, and on June 11 a prisoner was shot by guards at USP Terre Haute during a fight with another prisoner on a recreation yard. Both prisoners were hospitalized.

         On June 18, 2009, the U.S. House of Representatives passed an appropriations bill that includes $71 million for hiring 745 new BOP guards; the bill still must be approved by the Senate. It is hoped that an increase in staffing levels will reduce violence in federal prisons. The BOP has taken additional steps to confront increasing levels of violence, including transferring high-security offenders to other facilities and prosecuting prisoners involved in fights.

         In October 2008, the BOP created a new security level – dangerous prisoners at USP Atwater will be sent to USP Lewisburg in Pennsylvania , a high-security prison. “What we’ve seen is some very positive steps and progress. We are going to see a change in the entire federal penitentiary system,” stated U.S. Rep. Dennis Cardoza, after touring Atwater .

         Rep. Cardoza introduced federal legislation in 2008 that would have required the BOP to provide stab-resistant vests to all federal prison guards, who would have to wear them while on duty (H.R. 6462). The bill, titled the “Jose Rivera Correctional Officer Protection Act,” failed to pass; however, the BOP has been distributing vests to BOP staff who request them.

         In regard to prosecutions, in October 2008 two FCC Terre Haute prisoners, Michael S. Vaught and Whitney H. Smith, were indicted on charges of assault with intent to commit murder and assault resulting in serious bodily injury, resulting from a May 27, 2008 razor attack on another prisoner. In August 2008, FCC Coleman prisoners Gerardo Martinez and Osbaldo Farias were charged with conspiracy to commit murder in connection with the October 2007 death of Orlando Yazzie, who was beaten and stabbed to death in a recreation cage.

         On June 4, 2009, USP Big Sandy prisoner Manuel Cardosa, 28, was convicted of attacking and stomping fellow prisoner Marvin Fontenette, leaving him paralyzed and half-blind. While prison officials may not be able to prevent violence at BOP facilities, that doesn’t stop them from prosecuting violent offenders after the fact.

         Meanwhile, in June 2009, the mother of slain prison guard Jose Rivera filed a lawsuit against federal officials, including BOP Director Harley Lappin and former Atwater warden Dennis Smith. The suit alleges that BOP officials “willingly and knowingly participated in the creation of dangerous conditions that resulted in [Rivera’s] death.” See: Rivera v. Lappin, U.S.D.C. (E.D. Cal.), Case No. 1:09-cv-00954-LJO-SMS.

         According to Mark J. Peacock, the attorney representing Rivera’s family, “Officer Rivera’s death highlights the complete and utter breakdown of the prison’s management in protecting their employees. This can’t be allowed to continue.”

         The same can be said about the inability of BOP officials to protect prisoners from increasing levels of violence, which also cannot be allowed to continue.

Sources: Colorado Independent, Rocky Mountain News, Denver Post, Associated Press, Channel 13 KRDO, Corpus Christi Caller-Times, Beaumont Enterprise, Arizona Republic, Chicago Tribune, Bristol Herald Courier, www.thetowntalk.com, KSWT, http://corspecops.com