Dick Simkanin

[Demosthenes]

From: Jack Bauer [mailto:bowersecret@gmail.com]
Sent: Sunday, June 28, 2009 7:11 AM
Subject: Political prisoner not taking it lightly, re: Dick Simkanin

All,

Many in Texas know of former business owner Dick Simkanin, http://www.dicksimkanin.com/

He is in prison for not withholding taxes, ie, giving his workers 100% of their contracted wage and not being an unpaid tax collector for Uncle Sam.

Here is more info on his trial if interested: http://www.givemeliberty.org/rtplawsuit ... Jan-10.htm

Dick was a business owner in Bedford, TX.

At any rate, he was ready to get out and go to a halfway house and because he refused to give them fingerprint and DNA samples, he is not being released.

Dick Simkanin called a friend again today to ask me to recruit 8-12 people to call the E. Texas US District Judge David Folsom and push/encourage him to bring up Dick's request of a TRO--Temporary Restraining Order--against what the BOP is doing to him in the prison. They are attempting to force him to voluntarily give away his property. Dick suggested that if we can't speak with the judge personally--which is highly likely--we speak with court personnel stressing the fact that crimes are being committed there in the Texarkana Federal Prison, in that judge's neighborhood and he can, and should, make the BOP stop what they are doing.

Dick is still NOT in segregated housing yet, but he says the screws are tightening; and his discipline HEARING that was scheduled for Wed was postponed because a doctor who was to speak for Dick had an emergency. Perhaps it will be Thurs.?

So, please take a few minutes and call the phone number(s) at the link below preferably in the morning. Also, please pass this along to others you know--talk show hosts perhaps--who might also help in this endeavor.

But, please forward this email to others and make a call to the judges office.

http://wwwtxed.uscourts.gov/Judges/Folsom/Folsom.htm


EARLY REPORT FROM A FRIEND NOT POSTED

For those of you interested in Dick Simkanin's incarceration, he called me again late last week with another request. It appears that he has had a hearing by teleconference with the South-Central regional Bureau of Prison personnel from Dallas--Cedar Springs Road. He thinks he is in serious trouble and on his way to SHU--specialized housing, or in the venacular, solitary confinement--as he described it. [His 'hurried" letter I received on Monday re-inforced this message.] He is still searching for, and desiring as many of us as have time to join him in searching for the statutes that require him to submit to giving his fingerprints along with a DNA sample to the Bureau of Prisons. From his information, the BOP gets money when they submit a DNA sample to the FBI DNA Data bank, but Dick refuses to cooperate. This has cost him 2 weeks of more freedom as he was scheduled to be released to a halfway house in east Ft. Worth on June 2. As stated in an earlier email, he has decided to make a stand on this issue of principle--they refuse to show him a law that requires him to give fingerprints along with the DNA sample for their records. It appears they are now fixated on taking away his "good time," which for anyone who knows Dick would agree that he ought to have a bunch of that to his credit.

Having attempted to study as thoroughly as I have time to do the statutes he told me to study, I must admit that I have yet to locate any statute that requires an inmate to give up fingerprints unless that inmate formally REQUESTS a DNA sample be taken in an attempt to prove innocence of a violent crime. Those of you who know of my past writings on laws will remember how I could read 'em with an eye for inconsistencies that few others could. However, since I've been for years now away from reading law books I'm not sure if I'm as good as I THINK I used to be. For Dick, I'm asking those of you with at least some extra time to do some study of the sections listed below that Dick himself has studied thoroughly, but has asked me to request that others do the same. Then when you are convinced the statutes do NOT say what the gov't says they say, if you would write or call the BOP of Texarkana or the South-Central Regional office in Dallas to question where it is the law is found that requires an inmate of a federal prison to submit fingerprints along with a DNA sample. That is the only question Dick has at this time; "Where is the "law" that requires an inmate at a Federal prison to submit fingerprints along with a DNA sample which will end up in the FBI DNA Datta base?" Will you help him to ask this question of the BOP, US Attorney's offices nationwide, Office of Inspector General, Congresspersons, Senators, Texas Governor, etc.?

The first important support you can offer is forwarding this email--or a similar email message--to everyone you know of like mind on the issue of rights for American citizens. If you know someone who has access to a talk show--radio or TV--or a print media outlet where this subject can be discussed it might prove to be invaluable in assisting Dick's effort to make the Bureau Of Prison abide by written regulations. [What a concept! Abiding by written laws.]

Below is a web address where anyone may submit a FOIA request about Dick's situation, and below that are some of my questions/requests that I sent last night. Please consider this angle as one way to draw attention to Dick's attempt at justice. Also, the Office of Inspector General may be a way to garner support for his quest?

Again, I'm not asking you to do this for me, but for Dick as he "gambled" back in a day when we actually held out hope that courts might dispense justice instead of injustice, and he lost most everything when he went to prison for violating a non-law. I've been to county jail for an "extended stay" so I know just a bit of what he is experiencing for attempting to stand on principle. Will you spend just a few minutes of the next few days studying the statutes that pertain to the alleged requirment to submit fingerprints along with a DNA sample? Or, perhaps write a FOIA request on his behalf to get someone at BOP lying, as federal officials are prone to do, so that at least when the opportunity comes up to file legal papers that we know against whom to file. Please put pressure on these liars over the next few weeks with the hope that Dick Simkanin might walk out of that pit of iniquity in Texarkana, as an example of truth triumphing over the evil ones. Your efforts might be the one to convince the warden, a bureaucrat, etc., that Dick deserves to be released since he never "broke a law." Remember that Biblical principle: "Where there's no law, there's no transgression."

http://www.bop.gov/foia/submit.jsp

The entire BOP blanket policy that governs all BOP facilities for the taking of DNA samples, the chain of custody of DNA sampling done for the FBI DNA DATA bank, and any post-sampling procedures. Please include all steps and processes from beginning to end--when the sample leaves the custody of the BOP. Also requested is the amount of funds that change hands during this process. I thought something this simple would have been published on the BOP web site, but I missed it if it is. Thanks.
I request expedited processing of my request and have described in detail why I believe my request warrants it:
I've been informed that crimes are being committed inside the BOP over the issue of obtaining DNA samples from inmates. I just want to make sure this information I've received is incorrect and I figured the best way to do that is by seeing the BOP written policy on the subject. This is an opportunity for the BOP to prove that, in all facilities, it is abiding by written regulations.

[Demosthenes]

Simkanin has been in prison for just over six years. Ouch.

[Joey Smith]

He's lucky that he is in federal court in Texas; the state prison system is so messed up that they might miss his release date by some months.

At the same time, it is apparent that he learned little in prison. Stupid is as stupid keeps doing, even after six years in the joint.

[Lambkin]

Would they not have fingerprinted Dick when he was arrested? I have watched TV, so I thought this was SOP.

It's hard to imagine he could fail to leave DNA where it could be collected legally in the prison, such as via the food service.

I guess if he wants to stay in longer I am OK with that. Maybe he can find more dignity there than outside.

[Demosthenes]

DNA and fingerprints are usually part of the court's final judgment at sentencing. Why didn't he voice his objection during his appeal?

[wserra]

Simkanin was fingerprinted at arrest - the law requires it - and likely again for the presentence report. As far as DNA exemplars, all these brilliant legal minds should take a look at 42 USC 14135a:

(a) Collection of DNA samples

(1) From individuals in custody
...
(B) The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d) of this section)
...
(d) Qualifying Federal offenses

The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:

(1) Any felony.

Simkanin can indeed not only be denied halfway house release, but lose good time, for refusing. Do taxpayers in that case really have to continue to feed the guy?

[Joey Smith]

Just be glad that Dr. Robert Clarkson is not in custody ~ The Fed would have to issue a whole series of long-term bonds just to feed him.

[The Operative]

Don't forget 42 USC 14135c.

§ 14135c. Conditions of release generally

If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 14135a or 14135b of this title or section 1565 of title 10, the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.

[Quixote]

Every movement needs a slogan:

They'll take my DNA when they swab it from my cold dead cheek.

[webhick]

Every movement needs a slogan:

They'll take my DNA when they swab it from my cold dead cheek.

Does this mean they're planning on dying face-down?

[Paul]

[What a concept! Abiding by written laws.]

You might start by telling Dick.

[wserra]

Just be glad that Dr. Robert Clarkson is not in custody ~ The Fed would have to issue a whole series of long-term bonds just to feed him.

I know of no Eighth Amendment precedent that the prohibition against cruel and unusual punishment requires that an inmate be fed in the style to which he has become accustomed.

[Pottapaug1938]

Just be glad that Dr. Robert Clarkson is not in custody ~ The Fed would have to issue a whole series of long-term bonds just to feed him.

I know of no Eighth Amendment precedent that the prohibition against cruel and unusual punishment requires that an inmate be fed in the style to which he has become accustomed.

That's part of the reason why inmate lawsuits, claiming that their religion requires them to eat, for example, porterhouse steaks, as part of their mealtime religious rituals, go nowhere.

[Mr. Mephistopheles]

Terry Nichols won't get lawyer for suit over prison food
Buzz up!
BY NOLAN CLAY
Published: June 24, 2009

Terry Nichols won't get an attorney to help him at this point in his federal lawsuit over prison food.

Convicted Oklahoma City Alfred P. Murrah Federal Building bombing conspirator Terry Nichols, is led from the Pittsburg County Courthouse in McAlester, Okla., Monday, Aug. 9 2004, after his sentencing in the state's murder trial against him. District Judge Steven Taylor ordered Nichols to serve the life term on each of 161 counts of first-degree murder and that the sentences run consecutively. (AP Photo/Donna McWilliam)


Nichols is at the supermax federal prison in Florence, Colo., for the deadly 1995 Oklahoma City bombing. He asked this month for legal help in his ongoing lawsuit over the food there. On Tuesday, a federal magistrate judge in Denver refused.

“Contrary to Mr. Nichols' characterization, the issues in the case are not particularly complex,” Magistrate Judge Craig B. Shaffer wrote. “Mr. Nichols has thus far adequately presented his claims unaided by counsel. Mr. Nichols' concerns about ‘conflicting testimony and evidence,' cross-examination of witnesses and ‘expert witnesses' are premature ... Upon review ... the court determines that at this stage of the proceedings the appointment of counsel would not provide a substantial benefit to the court or the parties.”

Nichols is complaining he needs better food because of his medical problems and religious beliefs. He claims eating refined foods is a sin against God.

His lawsuit has angered many in Oklahoma.

“As I see it, he has it too good,” said Charlene Staton Brumley, 71, of Oklahoma City. “He certainly wasn't thinking about or concerned about his holy body when he conspired to kill lots of innocent men, women and children.”

(bolding added)

http://newsok.com/terry-nichols-wont-ge ... le/3380377

[webhick]

Nichols is complaining he needs better food because of his medical problems and religious beliefs. He claims eating refined foods is a sin against God.

I'm pretty sure that God doesn't care what a mass murderer eats, so long as it's not people or something.

[Famspear]

Nichols is complaining he needs better food because of his medical problems and religious beliefs. He claims eating refined foods is a sin against God.

I'm pretty sure that God doesn't care what a mass murderer eats, so long as it's not people or something.

Wow, I was about to post what I thought would be an erudite comment about the lack of merit in the Nichols position, firmly grounded in my understanding of American constitutional law and the rights of citizens, when webhick came along and nailed it -- far more effectively, with aplomb and humor. In other words, she did what she always does!

[Mr. Mephistopheles]

Nichols is complaining he needs better food because of his medical problems and religious beliefs. He claims eating refined foods is a sin against God.

I'm pretty sure that God doesn't care what a mass murderer eats, so long as it's not people or something.

I'll wager there are good citizens of the State of Oklahoma that would "help" him out by shoving all manner of unrefined "foods" down his throat.

[LegalEagleMan]

I'm pretty sure that God doesn't care what a mass murderer eats, so long as it's not people or something.

I love it when people bring God into the mix. If God didn't care what sinners ate than we wouldn't have anything to eat right now. The judge does not sit here on Earth, the judges you know of are administrative clerks.

I am telling you right now people should really start thinking about what is going on and think about how their life should be ran. I am not defending him, let him starve, that's between you and him. You bring God in the mix you better not be living in a glass house. And to be honest, I see mega amounts of glass houses around.

In some ways it would be nice if everyone got along, but than I think how boring life would be. Throwing Gods name around like he has already passed judgment seems premature.
There is a reason why Jehovah's Witnesses don't come around my house anymore, and it isn't because I am rude to them.

[webhick]

I'm pretty sure that God doesn't care what a mass murderer eats, so long as it's not people or something.

I love it when people bring God into the mix.

I didn't bring God into the mix, Nichols did.

[LegalEagleMan]

I didn't bring God into the mix, Nichols did.

You knew exactly what you were saying.