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!)
Issues
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.
(signature)
Mark D. Smith (doc#)
Sunday, February 8, 2009
December 28, 2006
To: Disciplinary Board Office
From: Nicholas Sanders, Corrections Lieutenant
Main Prison/West Yard/Cell Block Supervisor/B-Team
Date: December 28, 2006
Re: D.B. Investigation: Patrick Brasseaux
After a thorough investigation into the aforementioned matter, I, Lt. Nicholas Sanders, have found the following:
1. Inmate Patrick Brasseaux is an intelligent and studied individual with strong Satanic beliefs and a charismatic personality.
2. Inmate Brasseaux uses his charismatic personality and education to influence young inmates and indoctrinate them into a Satanic belief system.
3. Through these easily influenced young inmates Patrick Brasseaux has managed to quietly assemble a small cult of followers of similar Satanic beliefs.
4. Among other things this belief system is strongly anti-Christian and promotes homosexuality, drug abuse, and anti-authoritarianism.
5. Inmate 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.
Enclosed is the package of information that was forwarded to this office from Investigative Services that led to the initiation of this investigation.
After conducting my investigation into this matter, I have reached the extent of my knowledge pertaining to this incident. This is for your information and further handling.
(signature)
Nicholas Sanders, Corrections Lieutenant
Main Prison/West Yard/Cell Block Supervisor/B-Team
cc: file
*note: My brother did not go to school beyond the beginning of the ninth grade. In the seventh and eighth grade, he was sent to an alternative school where he spent most of his time protecting his belongings from other children in his class. He can be a charismatic person and is intelligent, but he is not educated. He also claims to be an atheist. The investigation was based solely on a letter that was intercepted and received by the Warden's Office on December 13, 2006 and taken out of context.
From: Nicholas Sanders, Corrections Lieutenant
Main Prison/West Yard/Cell Block Supervisor/B-Team
Date: December 28, 2006
Re: D.B. Investigation: Patrick Brasseaux
After a thorough investigation into the aforementioned matter, I, Lt. Nicholas Sanders, have found the following:
1. Inmate Patrick Brasseaux is an intelligent and studied individual with strong Satanic beliefs and a charismatic personality.
2. Inmate Brasseaux uses his charismatic personality and education to influence young inmates and indoctrinate them into a Satanic belief system.
3. Through these easily influenced young inmates Patrick Brasseaux has managed to quietly assemble a small cult of followers of similar Satanic beliefs.
4. Among other things this belief system is strongly anti-Christian and promotes homosexuality, drug abuse, and anti-authoritarianism.
5. Inmate 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.
Enclosed is the package of information that was forwarded to this office from Investigative Services that led to the initiation of this investigation.
After conducting my investigation into this matter, I have reached the extent of my knowledge pertaining to this incident. This is for your information and further handling.
(signature)
Nicholas Sanders, Corrections Lieutenant
Main Prison/West Yard/Cell Block Supervisor/B-Team
cc: file
*note: My brother did not go to school beyond the beginning of the ninth grade. In the seventh and eighth grade, he was sent to an alternative school where he spent most of his time protecting his belongings from other children in his class. He can be a charismatic person and is intelligent, but he is not educated. He also claims to be an atheist. The investigation was based solely on a letter that was intercepted and received by the Warden's Office on December 13, 2006 and taken out of context.
December 21, 2006
Louisiana Department of Public Safety and Corrections
Disciplinary Report
Institution: LSP Angola
Name of Inmate: Patrick Brasseaux
Date of Incident: 12-21-06
Time of Incident: 9:00 AM
Place of Incident: Main Prison West Yard
Job Assignment (Inmate): Idle (Adm/Seg)
Housing Assignment (Inmate): CBD L/R Cell #15
Description of Incident (Include all relevant information - "unusual behavior, staff witnesses, physical evidence & disposition, immediate action including use of force"; use other side if necessary): On the above date and approximate time, inmate Patrick Brasseaux was charged with a rule #30w, general prohibitive behavior, and is being held in Administrative Segregation pending and investigation into illegal activities. Major Louis Stroud was notified of this incident. This is for your information.
Inmate Placed in Adm. Seg.: Yes
(signature of reporting employee)
Name, Title, Assignment (Print): Nicholas Sanders, Lieutenant, MPCB, B-Team
Date of Report: 12-21-06
Time of Report: 10:35 AM
Inmate's Signature: Copy Given, Refused to Sign!
Plea by Inmate: Not Guilty
Date of Hearing: 12-27-06 1-4-07
Counsel Substitute: (includes two initials with DOC# next to them)
Motions: (handwritten and nearly illegible, looks like Defe to Lt. Sanders, Full Inv. Defer 24 hrs) (includes signatures at the bottom by four different people)
Disciplinary Report
Institution: LSP Angola
Name of Inmate: Patrick Brasseaux
Date of Incident: 12-21-06
Time of Incident: 9:00 AM
Place of Incident: Main Prison West Yard
Job Assignment (Inmate): Idle (Adm/Seg)
Housing Assignment (Inmate): CBD L/R Cell #15
Description of Incident (Include all relevant information - "unusual behavior, staff witnesses, physical evidence & disposition, immediate action including use of force"; use other side if necessary): On the above date and approximate time, inmate Patrick Brasseaux was charged with a rule #30w, general prohibitive behavior, and is being held in Administrative Segregation pending and investigation into illegal activities. Major Louis Stroud was notified of this incident. This is for your information.
Inmate Placed in Adm. Seg.: Yes
(signature of reporting employee)
Name, Title, Assignment (Print): Nicholas Sanders, Lieutenant, MPCB, B-Team
Date of Report: 12-21-06
Time of Report: 10:35 AM
Inmate's Signature: Copy Given, Refused to Sign!
Plea by Inmate: Not Guilty
Date of Hearing: 12-27-06 1-4-07
Counsel Substitute: (includes two initials with DOC# next to them)
Motions: (handwritten and nearly illegible, looks like Defe to Lt. Sanders, Full Inv. Defer 24 hrs) (includes signatures at the bottom by four different people)
Saturday, February 7, 2009
December 15, 2006
Louisiana State Penitentiary
Classification Department
Date: December 15, 2006
To: Patrick Brasseaux, #329406, Oak 3
From: Classification Officer/Internal Review Board Member
Nature of Request for Hearing:
( )Change in custody status (5.1 Board)
( )Change in living quarters (5.1 Board)
(X)Change in work assignment (5.2 Board)
Incentive Pay Evaluation:
Your current pay rate is:
Your new pay rate will be:
Hearing Result(s):
( )Request approved/new assignment
( )No action taken/hearing re-scheduled
( )Request denied (see reason(s) indicated below)
( )Offender status
( )Poor conduct record
( )Poor institutional work record
( )Brief period of incarceration
( )Length of time remaining on sentence
( )Physical health and/or mental health reason(s)
( )No release from current supervisor was submitted
( )No request from requested supervisor was submitted
( )No vacancy exist at location requested
( )Current detainer(s) filed against you
( )Escape charge(s) and/or conviction(s)
( )Seriousness of current charge
( )Board's discretion
( )Other:
Note: on the right of the page in large handwritten letters is "Disregard". Most of this form was never filled out.
Classification Department
Date: December 15, 2006
To: Patrick Brasseaux, #329406, Oak 3
From: Classification Officer/Internal Review Board Member
Nature of Request for Hearing:
( )Change in custody status (5.1 Board)
( )Change in living quarters (5.1 Board)
(X)Change in work assignment (5.2 Board)
Incentive Pay Evaluation:
Your current pay rate is:
Your new pay rate will be:
Hearing Result(s):
( )Request approved/new assignment
( )No action taken/hearing re-scheduled
( )Request denied (see reason(s) indicated below)
( )Offender status
( )Poor conduct record
( )Poor institutional work record
( )Brief period of incarceration
( )Length of time remaining on sentence
( )Physical health and/or mental health reason(s)
( )No release from current supervisor was submitted
( )No request from requested supervisor was submitted
( )No vacancy exist at location requested
( )Current detainer(s) filed against you
( )Escape charge(s) and/or conviction(s)
( )Seriousness of current charge
( )Board's discretion
( )Other:
Note: on the right of the page in large handwritten letters is "Disregard". Most of this form was never filled out.
December 13, 2006
Louisiana Department of Public Safety and Corrections
Disciplinary Report
Institution: LSP
Name of Inmate: Patrick Brasseaux
Date of Incident: 12-13-06
Time of Incident: 9:00 AM
Place of Incident: TU/CCR Ext/LD
Job Assignment (Inmate): TU Tier Walker
Housing Assignment (Inmate): Oak #3
Description of Incident (Include all relevant information - "unusual behavior, staff witnesses, physical evidence & disposition, immediate action including use of force"; use other side if necessary): On the above date and time, I Lieutenant Laprairie called Oak #3 dorm and notified inmate Patrick Brasseaux that he needed to come to work. Inmate Brasseaux stated he was not coming to work and he would rather go to ADM/LD.
Inmate Placed in Adm. Seg.: Yes
(signature of reporting employee)
Name, Title, Assignment (Print): Floyd Laprairie, Lieutenant TU/CCR Supervisor A-Team
Date of Report: 12-13-06
Time of Report: 9:30 AM
(includes initials of person who gave report to inmate and inmate's signature)
Note: I have in my possession a pamphlet distributed by the Louisiana State Penitentiary Mental Health Department titled "Suicide: Learn More, Learn to Help". The pamphlet gives a list of signs of depression and suicide risks, descriptions of people who may be at high risk for suicide, common misconceptions about suicide, and instructions on how to find out if someone is suicidal. On the front of this pamphlet, in Patrick's handwriting is a note that says "This document was given to me by mental health. Upon telling me that I had been chosen to be a "tier walker" and forced to supervise mentally ill inmates under threat (and actions) of disciplinary reports & segregation.
Disciplinary Report
Institution: LSP
Name of Inmate: Patrick Brasseaux
Date of Incident: 12-13-06
Time of Incident: 9:00 AM
Place of Incident: TU/CCR Ext/LD
Job Assignment (Inmate): TU Tier Walker
Housing Assignment (Inmate): Oak #3
Description of Incident (Include all relevant information - "unusual behavior, staff witnesses, physical evidence & disposition, immediate action including use of force"; use other side if necessary): On the above date and time, I Lieutenant Laprairie called Oak #3 dorm and notified inmate Patrick Brasseaux that he needed to come to work. Inmate Brasseaux stated he was not coming to work and he would rather go to ADM/LD.
Inmate Placed in Adm. Seg.: Yes
(signature of reporting employee)
Name, Title, Assignment (Print): Floyd Laprairie, Lieutenant TU/CCR Supervisor A-Team
Date of Report: 12-13-06
Time of Report: 9:30 AM
(includes initials of person who gave report to inmate and inmate's signature)
Note: I have in my possession a pamphlet distributed by the Louisiana State Penitentiary Mental Health Department titled "Suicide: Learn More, Learn to Help". The pamphlet gives a list of signs of depression and suicide risks, descriptions of people who may be at high risk for suicide, common misconceptions about suicide, and instructions on how to find out if someone is suicidal. On the front of this pamphlet, in Patrick's handwriting is a note that says "This document was given to me by mental health. Upon telling me that I had been chosen to be a "tier walker" and forced to supervise mentally ill inmates under threat (and actions) of disciplinary reports & segregation.
Received by Warden's Office December 13, 2006
Dear Judas the Buddhist,
Sup Beeotch!!!?!!!
Apparently, your brain has, once again relapsed into a retarded stupor, induced by the relentless brain-washing rhetoric of a "praise Jesus the gardener/let's bomb the Rag-heads" world! Because I haven't heard from the great Joe Schmo, in a while!
What's up wit dat, negro?!? You must be caught-up in the sweet reverie of that little girly-boy, huh?
As you can see, I have amassed the troop! Moral is quite good, amongst the penguin hoards, as of yet. But, I fear that if they are not sent into battle, against the evil Christian plague, there will be total anarchy! There's already been whispers of mutiny & cannibalism. I fear for my safety!
Merry Christmas!
Why do people celebrate the birthday of a Mexican gardener, that is an illegal alien!
Oh dude - you're missing it! Right this very moment, Wednesday Adams (Christina Ricci) is working the dorm! And I honestly believe that she's only 10 years old!
The fucking pedophiles are going insane!
Well, Beeotch - I must write a letter to my fat, homo, Hindu!
Oi!!!
Smak
P. S.: Does your little girlie-boy have a sexy girlie-boy friend, that I can write?
*Note: included in this letter were several pictures... two pictures from National Geographic December 2006 of penguins, a picture of the Southpark (Comedy Central) Satan with the caption Satan is the sensitive guy, And article from The Guide (page 161) called The Fast and the Furious, How much rage can you pack into 21 seconds? about the history of American punk rock, on the back of which was an article on Pete Townsend, an October 5, 2006 article in Rolling Stone called Revolution Rock (again on punk rock), and article called Social Distortion, The original dead end cruisers, an article from FHM in October 2004 on Ozzy! Dio! Dogs!, a picture of a skeleton with ragged clothing sitting at a bus stop, and several Far Side cartoons, mostly about prison and hell.
Sup Beeotch!!!?!!!
Apparently, your brain has, once again relapsed into a retarded stupor, induced by the relentless brain-washing rhetoric of a "praise Jesus the gardener/let's bomb the Rag-heads" world! Because I haven't heard from the great Joe Schmo, in a while!
What's up wit dat, negro?!? You must be caught-up in the sweet reverie of that little girly-boy, huh?
As you can see, I have amassed the troop! Moral is quite good, amongst the penguin hoards, as of yet. But, I fear that if they are not sent into battle, against the evil Christian plague, there will be total anarchy! There's already been whispers of mutiny & cannibalism. I fear for my safety!
Merry Christmas!
Why do people celebrate the birthday of a Mexican gardener, that is an illegal alien!
Oh dude - you're missing it! Right this very moment, Wednesday Adams (Christina Ricci) is working the dorm! And I honestly believe that she's only 10 years old!
The fucking pedophiles are going insane!
Well, Beeotch - I must write a letter to my fat, homo, Hindu!
Oi!!!
Smak
P. S.: Does your little girlie-boy have a sexy girlie-boy friend, that I can write?
*Note: included in this letter were several pictures... two pictures from National Geographic December 2006 of penguins, a picture of the Southpark (Comedy Central) Satan with the caption Satan is the sensitive guy, And article from The Guide (page 161) called The Fast and the Furious, How much rage can you pack into 21 seconds? about the history of American punk rock, on the back of which was an article on Pete Townsend, an October 5, 2006 article in Rolling Stone called Revolution Rock (again on punk rock), and article called Social Distortion, The original dead end cruisers, an article from FHM in October 2004 on Ozzy! Dio! Dogs!, a picture of a skeleton with ragged clothing sitting at a bus stop, and several Far Side cartoons, mostly about prison and hell.
Friday, February 6, 2009
December 12, 2006
Louisiana State Penitentiary
Classification Department
To: Patrick Brasseaux
#329406 Oak 3
LA State Penitentiary
From: Main Prison Classification
Date: December 12, 2006
Subject: Internal Review Board Hearing (Silent Board).
Board Date: December 15, 2006
Mr. Brasseaux
This notice is to inform you that on the above Board Date your Master Prison Record will be reviewed by the Internal Review Board.
Please note that you will not be on callout for this hearing, however, the Internal Review Board will notify you of the result of this hearing. Thank you.
(signature of Stephen (last name illegible))
Classification Officer
Classification Department
To: Patrick Brasseaux
#329406 Oak 3
LA State Penitentiary
From: Main Prison Classification
Date: December 12, 2006
Subject: Internal Review Board Hearing (Silent Board).
Board Date: December 15, 2006
Mr. Brasseaux
This notice is to inform you that on the above Board Date your Master Prison Record will be reviewed by the Internal Review Board.
Please note that you will not be on callout for this hearing, however, the Internal Review Board will notify you of the result of this hearing. Thank you.
(signature of Stephen (last name illegible))
Classification Officer
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