Sunday, February 8, 2009

January 8, 2007

Appeal From the Disciplinary Board
Appellant: Patrick Brasseaux
Original Charge: 30w
Charge Found Guilty Of: 30w
Counsel: Samuel Galbraith
Board Chairman: Major Stroud
Board Member: Dennis Hall
Date of Report: 12-21-06
Date of Hearing: 1-8-07
Location of Hearing: CBD
Sentence Imposed: Custody Change to M/P WCB
Suspended Sentence: no
Plea: Not Guilty

Statement of the Case

On 12-21-06, Inmate Patrick Brasseaux was locked up pending investigation into illegal activities. On 12-27-06, a request for investigation was sent back to Lt. Sanders to be completed, this investigation was completed and returned to D/B Hearing on 1-4-07. Lt. Sanders alleged that inmate Brasseaux was the head of a Satanic Cult and influenced these members in a way as to threaten the safety and security of this institution. This investigation included a package of information not belonging to the Applanate, never the less, after a complete review of the package of information, it had no information relevant to Satanic Worship, control, or beliefs! On 1-8-07, Appellant's D/B hearing was held, were he presented his arguments and was subsequently found guilty, (Note; none of this supposed Cult threatening the safety of Security and inmate's was locked up with inmate Brasseaux during or after this investigation!)


1. Was the investigation submitted by Lieutenant Nicholas Sanders supported by facts or just mere allegations, rendering it null and void?
2. The Louisiana Department of Public Safety and Corrections Disciplinary Rules and Procedures for Adult Inmates Dated 2001 is Unconstitutional in That it Deprives Adult Inmates the Minimal Due Process Which is Protected by Louisiana Constitution 1 §2 and the United States Constitution 14th Amendment.

Argument 1

As a starting point, I would like to break down the investigation for the reviewing Board. First, there are (5) five points that Lt. Sanders makes in his investigation,
1. Inmate Patrick Brasseaux is an intelligent and studied individual with strong Satanic Beliefs and a charismatic personality.

Argument; there is no rule against being intelligent, charismatic, or having a different religion other than Christianity. The Constitution of the United States grants freedom of religion, although Mr. Brasseaux maintained he is NOT A SATANIST OF ANY SORT.

2. Inmate Brasseaux uses his charismatic personality and education to influence young inmates and indoctrinate them into a Satanic belief system.

Argument; if in fact Mr. Brasseaux was a Satanist, wouldn't he have the same right to educate inmate's about his beliefs, as Burl Cain has inmate's preach and teach Christianity?

3. Thought these easily influenced young inmates Patrick Brasseaux has managed to quietly assemble a small cult of followers of similar Satanic beliefs.

Argument; Doesn't the reviewing Board find it strange that if Mr. Brasseaux had assembled a small cult and they were a threat to Security and inmates, that they would have them locked up as well. Well, no other inmates were locked up before or after the investigation of Lt. Sanders, concerning Satanic Beliefs!

4. Among other things this belief system is strongly anti-Christian and promotes homosexuality, drug abuse, and anti-authoritarianism.

Argument; It again is not a rule infraction to have a belief system that is strongly anti-Christian or to be homosexual! Further, what a religion promotes, does not mean the inmate would engage in it, this is a attempt to project guilt on Lt. Sanders part. Furthermore, Mr. Brasseaux wouldl ike to know what credentials Lt. Sanders has in order to know what Satanism promotes!

5. Inmates Brasseaux is an extremely unstable individual and his influence over the members of this satanic cult could have an adverse effect on the safety and security of this institution.

Argument; Again, Lt. Sanders wants Mr. Brasseaux punished for what COULD HAPPEN and not for anything that has happened. (This is all assuming that Mr. Brasseaux was actually a Satantist, which he is not, never has claimed to be and his Master Prison Record will reflect!)

Last of all, Lt. Sanders states; he is including a package of information that was forwarded to his office from Investigative Services. The first problem is this package is not Mr. Brasseaux package, and the second is, Investigative Services does not state as to were they received it from. Further, upon a complete review of this package it contained nothing dealing with the worship of Satan, as Lt. Sanders suggest.

Argument 2

The Louisiana Department of Public Safety and Corrections Disciplinary Rules and Procedures for Adult Inmates Dated 2001 is Unconstitutional in That it Deprives Adult Inmates the Minimal Due Process Which is Protected by Louisiana Constitution 1 §2 and the United States Constitution 14th Amendment.

In December of 2000 the department of corrections modified its Disciplinary Rules and Procedures for Adult Inmates drastically when it introduced paragraph 3 of section H FOREWORD which states:
An inmate is only entitled to a due process hearing or other application of these procedures when loss of good time is involved. Otherwise, utilization of these procedures does not constitute the granting of any enforceable right or privilege to any inmate.

This section empowered prison officials the ability to pre-determine an inmates right to due process through the disciplinary proceedings. AS long as prison officials have pre-determined not to take good time from inmates, the minimal due process is removed. This action deprives those inmates who do not receive good time, (those with a life sentence) the same right to disciplinary proceedings as those who do receive good time. This is clearly a violation of MINIMAL DUE PROCESS STANDARDS set by the U. S. C. A. Constitution Amendment 14. Sec. 1, Hewitt v. Helms. 449 U. S. 5., and wolff v. McDonnell. 418 U. S. 539.

In conclusion, the original letter which prompted the investigation, contained nothing other than a man having a conversation with his friend. In the end there was no evidence to support that Mr. Brasseaux was doing anything wrong. Mr. Brasseaux has not committed one rule infraction and has been found guilty of unsubstantiated allegations!

Relief Desired

1. That the report be dismissed and expunged from the appellant's prison conduct records and that he be given all rights and privileges he enjoyed before the report.

Date of Appeal: 1-16-07
Submitted by: Patrick Brasseaux
Prepared by: Samuel Galbraith
Main Prison Cell Block Counsel

(Attached to the letter that led to this investigation was a pamphlet made of heavy card stock that was not folded, showing it could not have come out of the envelope that the letter was mailed in. Also, the letter would not have made it through the mail with only one stamp if this was included. The pamphlet, which I have a copy of, was addressed to "Warden Mac Kemp" and Burl Cain at an address Patrick was not aware of, but I know to be the actual street address of Louisiana State Penitentiary. The pamphlet is from the Library Foundation of Los Angeles and is covered with handwritten messages to the Warden that is mostly nonsensical, is not in Patrick's handwriting, and seems to mention the author's family's names. Included in the handwritten messages is "100 words to Celeste King 1530 W. Martin Luther King 1-323-299-1234 must take the Devil Lucifia Satan Armies Children People from them 26 years 1900 State case to see to it right Ku Klux Please investigate my other family see their involvement in murder of innocent kids and their innocent family members. Detectives 77th street LAPD say California paid contract hits" and "everyone in Watts born wrong but me and my five kids." The phone number is to the King Bail Bond Agency in Los Angeles, California, run by Celes King III, whose name is mentioned in the message.)

Note: Samuel Galbraith is also an inmate, which is probably why there are so many spelling and grammatical errors in the appeal. He is probably not a trained attorney but a prison "lawyer"... which is why he is referred to as prison counsel. Most likely he is self-taught. For someone as educated as Patrick is supposed to be, he should have caught the many mistakes in this document himself.

Mark D. Smith
(doc#) Walnut #3
Louisiana State Prison
Angola LA 70712

Affadavit of Correction Officer's Action's

I, Mark Smith, was placed in Admin/Lockdown cell no. CBD L/R #15 on 12-22-06 with Inmate Patrick Brasseaux. On this date of 1-8-07 we are still in the same cell together.
Approximately the last week of December 2006 Lt. Sanders made numerous rounds down the tier and punched the time clock almost next to the cell.
During these rounds Lt. Sanders would make remarks to my cellie, Patrick Brasseaux that he was a "Devil Worshipper", in a taunting, playing attitude. He said these remarks with a smile on his face.
During this period he escorted a female black social worker, name not known. She stopped in front the cell and asked if I, Mark Smith was mentally alright.
After my informing her that my mental status was fine, she asked my cellie, Patrick Brasseaux if he was alright.
At this time Patrick Brasseaux requested to be placed in T. U. (treatment unit) for medical evaluation. While my cellie was trying to talk with this social worker Lt. Sanders kept interrupting stateing that Patrick Brasseaux was a "Devil Worshipper" and needed to be in "T. U." (treatment unit)
I state that this statement is true to the best of my knowledge and contains information as I remembered the incedent's

Signed on 1-8-07 4:55 p.m.
Mark D. Smith (doc#)

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