I was sent to Supermax ADX, Florence, CO, October 11, 2007. ADX was designed for predacious prisoners and prison gangs. One is referred to ADX via Due Process Hearing after being found guilty of an infraction of prison rules. ADX is meant to be a 3-5 year program with “step-down” stages or phases to advance to.
I am not a prison gang member, nor have I ever participated in any “disruptive group activity.” I was referred to ADX by an unknown entity, even though I had violated no rules, had 2 years clear conduct, and was participating in institutional programs. I was less than 20 months from my July 2009, “15 year reconsideration parole hearing.” The only excuse given for the ADX referral was “adjustment purposes.” The Bureau of Prisons (BOP) had to raise my security classification and place a management variable for “greater security” in order to refer me to ADX. However, I was already confined in a facility which was classified as the greatest security within the BOP, the “Security Confinement Unit” at U.S. Prison Terre Haute, Indiana, which houses death row and utilizes an electrically charged “kill fence” perimeter wire.
To advance through the first stage of ADX “program,” one must accumulate one year adult education or psychology course every 6 months. The administration automatically screens a prisoner for advancement referral after 1 year. I was routinely denied advancement referral to the intermediate unit 7 times every six months after the first year. I had clear conduct the entire time and completed dozens of ACE and psychology programs. Each time one is denied the advance a type of “notice” is issued. The first denial noticed is dated November 5, 2008. These notices are completely ambiguous and read virtually the same for all prisoners. My first one read, “You have been denied placement because it is believed that the factor which led to your placement at ADX have not been sufficiently mitigated to indicate you can function successfully in a less restrictive unit without posing a threat to the security or orderly running of the facility.” As previously stated, I was referred to ADX by an unknown person, I violated no rules or regulations, did nothing wrong, and had no due process hearing. In December 2008, I still had no idea of why I was referred to ADX. What “factors” are being “mitigated” to indicate I can function successfully? I did nothing to indicate I could not function in a less restrictive unit in the first place, otherwise I would have received an incident report for an infraction of rules. I completed the one year clear conduct and programs, is there some other “indication” I need to accomplish? I was denied advancement one more time, and that is double the criteria time, before the format of the notices changed. I went to my parole hearing in July 2009. The examiner recommended a presumptive parole date of November 23, 2014, which was approved by the parole commission on October 3, 2009. So, I had a 5 year set-off date for parole, which I appealed.
One month later I received the 3rd step-down denial notice dated November 17, 2009, in addition to the previous format: “Your 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 and a willingness to trade the time at ADX for the complementary time you would have in open population to prey upon others and/or work your disruptive activities.” By this time, I had been in ADX for 25 months with no notice given for “reasons resulting in your placement.” This notice was signed by Assistant Warden J. Fox. I sent him a written request asking for specifics as to what recent “communications” of “white supremacy writings” does he refer to; when have I demonstrated non-compliance with institutional rules; who are the “others” I am alleged to “prey upon”; and what disruptive activities have I committed? I received no response. Firstly, I do not believe in nor advocate white supremacy. The only entity I am aware of that did advocate “white supremacy” and the exploitation of non-whites is the United States Government and the aristocracy from whom it is elected. Whatever “writings” Fox refers to do not communicate the odious concept of “white supremacy.” The authorities practiced this heinous concept, and America suffers the ill attempts to ameliorate that atrocity to this day. I do not believe that any one race is superior to, or inferior to, any other race. I do not even believe white should reign supreme over other whites, let alone non-whites. I believe every man is sovereign in his own right and no man has rightful authority to coerce any man against his own free will. Secondly, to demonstrate non-compliance means to commit an infraction to rules, as to “prey upon others” and “work disruptive activities”..where is the incident report for these activities? I HAVE NONE. And the Federal Bureau of Prisons is chock full of racist of every race!!!!!Whatever ones political views are, there is no rule or regulation within the BOP that prevents the free expression thereof. To reiterate, I did nothing wrong to warrant the referral to ADX. And why was none of the accusations included in the first 2 step-down denial notices? That is, how do I “mitigate” circumstances I am unaware there are concerns about? I had been in Federal custody for 25 years at that point, no one voiced any concerns previous to this. I had 10 co-defendants, none of them were sent to ADX…So, what is really going on? Approximately 2 months later, I found out why.
On February 1, 2010, the parole commission vacated the previously approved parole date of November 23, 2014 and ordered a “Special Reconsideration Hearing” to “consider new adverse information.” Reasons: “To reassess your ‘risk’ based upon your continued affiliation with white supremacist advocates through websites.” BOP Sabotage?
I have never known the Parole Commission to vacate an approved date unless a prisoner had violated a rule since the date was approved. And the excuse for reconsideration is a complete violation of my First Amendment Rights to Freedom of Religion or Political Beliefs, Freedom of Speech, Freedom of Press, and Freedom to Peaceably Assemble. What “risk”? Expressing my rights as a citizen? What rule, regulation, or law have I violated? “White Supremacy” as a concept, odious as it is, is not against the law, though it has nothing to do with me.
The reconsideration hearing was held March 30, 2010. The examiner questioned me about websites. I informed him that I have been in prison since before the internet existed. I’ve had no computer access, and never seen any websites whatsoever. He asked me if I had read the disclosure material, I said I was not provided any. I waived the disclosure and requested to continue. I informed him that I was not a racist or supremacist. He opted to recommend the November 24, 2014 date be reinstated. This made my case manager, Mr. Fenlon, angry and redfaced for some reason. Three months later Felon brought me another “Notice of Action” from the parole commission ordering another special reconsideration hearing to provide disclosure material not available to me at the first hearing. At this point, I realized that they would hand pick some lickspittle flunky to recommend a 15 year set-off date. Which is exactly what happened at the hearing in July 2010 claiming they “found posts attributed to me on websites that provide a forum for expressing white supremacist, militant, and anti-government views. Your continued adherence to such views is relevant because of your original offenses.” Why would I renounce views that I never held? The hearing was audio recorded, no such statement was made. So, the commission vacated the November 23, 2014 date based totally on conjecture about what they think my beliefs are, and upon posts expressed in a “public forum” by people I’ve never met or see, or websites I’ve never seen.
I was denied step-down advancement 4 more times over the next two year. Denial notice #4 was signed by a different assistant warden, one L.J. Milusnic. So I sent him a request for information on September 2, 2010 inquiring as to the denial notice he signed dated 6, 2010 which stated that I was denied, “Due to your ‘possible’ involvement in white supremacy activity. Milusnic’s response is dated October 4, 2010 and claims I will receive an updated written decision. That being denial #5 reading: Denied, “Specifically, your communication with white ‘separatists’ and radical groups is disruptive to the safe and orderly running of the institution.” Now it’s become “white separatists” instead of “white supremacists” and the notice claims my communications are “disruptive.” The ambiguity is still there, what white separatists and radical groups, what “communication,” and what “disruption”? The notice goes on as before: “This demonstrates your compliance with institutional rules is solely due to security at the ADX.” Again, where is my non-compliance to the institutional rules? Where is the incident report for any violations related to the communications and/or disruption? THERE IS NONE! Keep in mind that not once in 25 years had any staff ever related to me any concerns about my political views, nor whom I can and cannot communicate with. I was given no indication of why I was referred to ADX in 2007, and nothing mentioned about “white supremacy” until the third step-down denial notice in November 2009. The mention of “white supremacy” to reconsider the approved parole date indicates that this surreptitious plot had been in the works for a number of years.
I was at the U.S. Prison Super Max in Marion, IL when it switched from a U.S. Prison to an F.C.I. in 2006. I was transferred to the “security confinement unit” in U.S.P. Terre Haute, IN. Staff at that facility claimed they had no idea as to why I was sent there. Staff at ADX made the same claim in October 2007 when I arrived at ADX. I filed a Freedom of Information Act Request to ascertain the reason for the transfer to Terre Haute and ADX. I received a document of “notice to inmate of transfer to communications management unit” at FCI Terre Haute, IN. This document is undated, nor signed, nor delivered to me as instructed therein. I was not transferred to the CMU at the FCI, I was sent to the SCU at the U.S. Prison. I was given no notice or due process, nor given the opportunity to appeal the transfer decision. The document claimed that I have “continued to communicate with members of extremist organizations.” All the harsh conditions the BOP has utilized against me since 1998 has been in my retaliation for my refusal to aid the Dept of Justice in its efforts to prosecute the Federal prison gang known as the “Aryan Brotherhood;” and for my refusal to accept a “deal” to aid in the prosecution of Robert Miles in the attempted bombing of Judge Benson in South Dakota. Since I refused their deals, they would insure that I never get out of prison? A S.I.S officer at ADX came to my cell in February 2009, five months prior to my parole hearing and informed me that it was one unnamed individual in Washington D.C. that had me sent to ADX, and that I would never get out of prison. That one person is likely the person who had the parole commission vacate the recommended November 23, 2014 parole date approved by the commission previously. Department of Justice sabotage?
I had another parole hearing on August 1, 2012, the Notice of Action stated: “No change in 15-year reconsideration date of July 2024 or continue to expiration, whichever comes first.” The notice also stated, “The parole commission has decided to continue you to the expiration of your sentence. If the two-thirds date of your sentence (30 years in the case of a sentence of 45 years or more) precedes the mandatory release calculated by the Bureau of Prisons, the commission will conduct a record review of your case approximately 9 months before your two-thirds date. If a parole is not ordered as a result of the record review the commission will conduct a hearing for you. The purpose of the review or hearing is to determine whether there is a reasonable probability that you will commit a federal, state, or local crime, or whether you have frequently or seriously violated the rules of the institution. See 28 C.F.R. 2. 53 (a). If a parole is denied, you will be continued until the expiration of your sentence less good time.” I was never informed that all old law sentences over 45 years had court mandated two-thirds “mandatory release” after 30 years served. This notice indicated that the 15 year hit was tentative, as yet. Also, calculating my sentence, I noted that the 30 year two-thirds date and the presumptive parole date approved by the commission in 2009, then vacated in 2010 due to “new adverse information” was exactly the same: November 23, 2014. Why did the commission use pretense to give me a parole date that the courts established 30 years previously? Then pretend to vacate the date in 2010, when in actuality, that release date is still pending. Then September 19, 2012, notice stated that a record review would be held approximately 9 months prior to November 23, 2014. Putting the review sometime back in February 2014. It is October 25th at the time of this writing. I’ve no idea if there was a record review, but I have been given no due process hearing to rebut the two criteria for continuing me past November 23, 2014. Both of which could easily be abused by any authority.
BOP staff manipulate prisoners and orchestrate situations to force or coerce prisoners to “violate the rules of the institution.” However, I’ve had no violations in over 8 years. Still, this Notice of Action gave me a clear understanding of why the adverse confinement conditions, and the surreptitious nature behind the “communications”. Also why none of my co-defendants have been treated as extremely as I have, they did not get pressed to “cooperate” in aiding in prosecuting Bob Miles or the “Aryan Brotherhood”, two cases I compromised severely by refusing to aid the Department of Just-us. The BOP wanted to make my conditions so miserable that I would violate rules and stack up incident reports. They wanted me to continue to communicate with members of “extremist organizations” so they could claim there is “reasonable probability” that I will reoffend if mandatory released in November 2014. So, they never voiced any concerns about my politics, nor my communications. Since 1998 the BOP placed a “separations classification” on me from the Aryan Brotherhood, and confined me only around non-white prisoners. The only white prisoner I’ve been around is a homosexual that caters to black prisoners. Staff continually alienate me and segregate me to make me appear to be “no good.” I have written/documented every adversity the BOP has intentionally caused me. They wanted me to assault that homosexual…..
On September 11, 2012, (the irony of the date does not escape me) I was approved for step-down advancement to the intermediate Unit-J. I received no approval notice until after I had written and requested one. I wanted to know what changed in my situation to enable the advance. But the notice simply stated, “approved.” It took me 5 years to advance to J-Unit when only one year was required. I was placed on a range by myself with the exception of the deviant homosexual noted above. It took another 17 months to advance to the “transitional” unit when only 12 months was required. Thus far, 8 years to be in a 3 year program. Remember this program is designed for recalcitrant prisoners and gangs. It is a death trap, plain and simple!!!! I was sent to the only prison in the entire system that confines all the gang members the BOP “separated” me from in 1998, and was forced to participate in a program designed as punishment for disciplinary referrals to ADX when I had violated no rules and was not a disciplinary referral.
I had an interim parole hearing 3 months ago on July 15th. The examiner knew nothing of my case or the 30-year two-thirds date. The case manager here called the parole commission after I aggressively convinced him of the mandate. According to him, “The commission will examine the case and get back to him.” It’s been 8 weeks and no returned phone call as yet.
I am currently confined in the “pre-transfer” stage of the ADX program. I am the only white prisoner here, except for the homosexual. All the rest are Mexican gang or cartel members, black muslims, racical muslim terrorist, and other assorted non-white people. Alienated and segregated from my own folk-kind, kindred, and I have kept from communicating with anybody that the authorities may accuse of being extremists or advocates of “white supremacy”, anti-Semitic, or militant/anti-government views. As Carl Jung wrote, “I stand at the bottom of the deepest hell, and I can fall no further.” He was wrong. I believed at I was at the bottom many times over, but the bastards always found a way to increase the depths of my misery.
No indication of release yet, 28 days remain.
And so it goes,
Gary Lee Yarbrough
Florence, CO 2014
As I transcribed this letter, he only has 9 days left to see if they let him come home or not…….