Since our incarceration we've been "slammed down", in the Security Housing Unit- SHU (a super max prison unit with one quarter of the privileges the prison offers, commonly known as a "prison with a prison"), In the adjustment center building without any of the safeguards of the Fourteen Amendments Due Process Clause and Equal Protection Clause of the United States of America's Constitution.
The United States Supreme Court has held for decades that the SHU meets the atypical and significant hardship test; for there is sever impairment of residuum of liberty which we retain as a prisoner, and this impairment triggers requirement for mandated Due Process safeguards.
Moreover, we are sheltered but the Equal Protection Clause of the Fourteen Amendment; For the Due Process Clause has been enumerated in the state law and state regulations in which the non-condemned inmate populations throughout the state of California are afforded.
We were flabbergasted to find that prison officials deny death row prisoners state, federal rights and due process (similar to those aforementioned).
Locked away in the SHU, compelling the weak minded and emotionally tortured, to participate in state-sanctioned, life threatening, subversive and experimental polices, the prison administration aims to evoke unfettered cooperation from convicts who would rather die than snitch.
Confronted with an imminent death- forcibly strapped down to a gurney so our captors can imitate government- sanctioned murder with a poisoned filled I.V. pierced into our veins; we remain conscientious and undaunted to rectify the conditions condemned prisoners are thrust upon.
We studied the Prisoner's Litigation Manual, Prisoner’s handbook, California Code of Regulations Title 15, Thompson consent Decree (now known as the Lancaster Consent Decree- a federal contract between death row prisoners and San Quentin administrators; Ironically enough, to remove condemned row inmates from automatic SHU confinement entered in 1979), Case law decisions concerning inmates held in the U.S. Supreme Court, Ninth Circuit Court, and Federal Court.
Upon these studies we became optimistic because we thought we stumbled across an east solution to these violations. We found that the Prison Law Office (PLO) represents death row under the Lancaster Consent Decree, so we immediately sent a missive to class counsel explaining our concerns.
To our utter dismay, the PLO ignored our "outcry" for Justice and wouldn't do anything to protect our rights, which has allowed prison officials to carry on with their violations, while class counsel collects attorney fees for representing us.
Generally synonymous with assisting California State prison inmates in their incidental legal struggles and institutional confinement condition appeals. The PLO usually plays on insignificant role in the precedent standard setting cases otherwise brought to fruition but the inmate population, matters which often embody Constitutional violations, physical abuse, and various other state and federal infringements.
It is because of their reluctance to pursue many of these innovative legal venues, clumsily lost in the vortex of their habitual apprehensive comfort zone and most importantly, their untrustworthy calculated contractual uninterrupted receipt of payment for services self rendered that this suit has been leveraged against their long-standing deceptive and soulless corporation.
Overwhelmed by the volatile stance of prison officials and further empowered by the PLO against condemned prisoners, we've collectively undertaken exhausting measures to terminate this ongoing conflict and dissension.
Putting our heads together we thought of the best possible solution to protect our rights. We assumed that litigating against the PLO for malpractice and fraud, at least one of the several sought after affects would occur: A) By bringing said litigation, we can force intervention; B) Court ordered removal and reappointment of counsel; and C) Judicial imposition of remedial fines and/or sanctions.
The outcome was A! Unfortunately, we did not envisage the tenacity of prison officials. As soon as the PLO litigated on our behalf, San Quentin Administrators moved to terminate the Lancaster Consent Decree (granted), deposing class counsel.
It is our sincere hope that you and yours will advance our ability to continue our arduous litigation endeavors against prison officials to provide and afford the condemned population with state, federal rights and Due Process.
Our goal is to collect donations for legal fees to retain a competent and aggressive trial attorney to bring suit against prison administrators. We are asking you to open your hearts to understand that death row inmates are human beings too.
Courts inherently concede that a higher standard of legal representation must be furnished to men and women on America's 34 death rows.
We are reaching into the depths of the globe in hopes our viewers can overlook the negative stereo-type associated with the label "condemned". Despite out lamentable destinies as American citizens we are otherwise entitled to the guarantees afforded in the United States Constitution and Bill of Rights.
We welcome advice, postage stamps, stationary items, and nominal relief to help us retain competent legal counsel to afford us our rights. We consider it our calling to eliminate the egregious violations to lessen the torment and despair within this miserable environment, doing so, begins with you.
For your convenience, both U.S. postal money orders and postage stamps can be purchased online at WWW.USPS.COM and/or you may pledge a small token of your solidarity to our papal account.
Write soon and ask what you wish, postage permitting, we will answer all. Thank You.
With abiding solidarity and Respect,
Bobby Lopez and Herminio P.Serna