CARLOS ALBERTO PAROLE BID FOILED BY BOP

Carlos Alberto Torres: parole bid foiled by BOP
(act now - with fax info)
Puerto Rican Political Prisoner Carlos Alberto
Torres: parole bid foiled by Bureau of Prisons
July 30, 2009

In January, 2009, Puerto Rican political prisoner
Carlos Alberto Torres was scheduled for a parole
hearing, after serving 29 years behind bars for
his commitment to the independence of Puerto
Rico. On the eve of his hearing, prison
authorities falsely accused him and eight of his
cellmates of possessing knives which the tenth
cellmate had hidden? unbeknownst to them all? in
the light fixture of the cell. Having maintained
an immaculate record for his 29 years in prison,
why would Carlos Alberto do something to
jeopardize his parole on the eve of his hearing?

The January parole hearing was postponed, the
false accusation was ultimately expunged, and he proceeded to hearing in May.

At the May hearing, the hearing examiner for the
Parole Commission recommended that he be paroled
on April 3, 2010? by when Carlos Alberto will
have served exactly 30 years in prison? and
advised that we could expect the commission?s
final decision within 21 days. However, in June,
prison authorities reinstated the false weapons
possession charges against Carlos Alberto and his eight cellmates.

On July 28, the Parole Commission notified Carlos
Alberto that they would postpone their decision
for at least 90 days, pending resolution of the charges.

Two days later, the prison disciplinary hearing
officer held hearings on the false weapons
charges. Carlos Alberto?s defense consisted not
merely of his statement denying possession. The
tenth cellmate appeared as a witness, admitting
that the knives were his, and his alone, and that
Carlos Alberto and none of the other cellmates
knew he had hidden the knives in the light
fixture. The guilty party also provided a sworn
statement to this effect. Much to the surprise of
Carlos Alberto and the other eight cellmates, the
disciplinary hearing officer nevertheless found
them guilty of possessing the hidden weapons.

The finding of guilt will undoubtedly adversely
affect the decision of the Parole Commission.
Indeed, one might suspect that the reinstatement
of the charges and the finding of guilt were
calculated to adversely affect the decision.

The National Boricua Human Rights Network and the
Comit? Pro Derechos Humanos de Puerto Rico are
waging a phone and fax campaign to the Federal
Bureau of Prisons and the U.S. Parole Commission,
asking that the false disciplinary charges be
expunged and that Carlos Alberto be released from
prison. Sample letters and contact information are provided below.

************************************************************************
Harley G. Lappin,
Director Via facsimile: 202/514-6620
Federal Bureau of
Prisons Telephone: 202/307-3198
320 First St.,
NW
Email: hlappin@bop.gov
Washington, DC 20534

Re: Carlos Alberto Torres, 88976-024
FCI Pekin

Dear Director Lappin:

We write to ask that you correct a
terrible injustice which has been done to Mr.
Torres. In January of 2009, Mr. Torres having
served 29 years in prison, and having maintained
a clean disciplinary record throughout, was
scheduled for a parole hearing. However, FCI
Pekin officials wrongfully accused him of
possessing a dangerous weapon? unbeknownst to Mr.
Torres, one of the occupants of the ten man cell
to which he was assigned had hidden knives in the
light fixture. The guilty party admitted sole
responsibility and provided a sworn statement,
which Mr. Torres offered. The charges were
expunged, and the Parole Commission hearing
examiner recommended that Mr. Torres be released
on April 3, 2010, by which time he will have
served exactly 30 years behind bars.

Subsequent to that recommendation,
FCI Pekin authorities re-issued the accusation
and notified the Parole Commission, which then
issued an order postponing its ruling on the
hearing examiner?s recommendation. Inexplicably,
last week the disciplinary hearing officer found
Mr. Torres guilty of the charges, in spite of the
guilty party?s testimony admitting sole responsibility.

This wrongful decision will derail
the parole process and postpone Mr. Torres? release.

We ask that you immediately expunge
the wrongful charges. We further ask that you
communicate with the Parole Commission to inform
them of the expungement, so that they can order
Mr. Torres? release. Thank you.

Very truly yours,

* * * * *
* * * *
* * * *

Dennis Smith,
Warden Via facsimile: 309/477-4685
FCI
Pekin
Telephone: 309/346-8588
P.O. Box
7000
Email: Pek/execassistant@bop.gov
Pekin, IL 61555

Re: Carlos Alberto Torres, 88976-024
FCI Pekin

Dear Warden:

We write to ask that you correct a
terrible injustice which has been done to Mr.
Torres. In January of 2009, Mr. Torres having
served 29 years in prison, and having maintained
a clean disciplinary record throughout, was
scheduled for a parole hearing. However, prison
officials wrongfully accused him of possessing a
dangerous weapon? unbeknownst to Mr. Torres, one
of the occupants of the ten man cell to which he
was assigned had hidden knives in the light
fixture. The guilty party admitted sole
responsibility and provided a sworn statement,
which Mr. Torres offered. The charges were
expunged, and the Parole Commission hearing
examiner recommended that Mr. Torres be released
on April 3, 2010, by which time he will have
served exactly 30 years behind bars.

Subsequent to that recommendation,
prison authorities re-issued the accusation and
notified the Parole Commission, which then issued
an order postponing its ruling on the hearing
examiner?s recommendation. Inexplicably, last
week the disciplinary hearing officer found Mr.
Torres guilty of the charges, in spite of the
guilty party?s testimony admitting sole responsibility.

This wrongful decision will derail
the parole process and postpone Mr. Torres? release.

We ask that you immediately expunge
the wrongful charges. We further ask that you
communicate with the Parole Commission to inform
them of the expungement, so that they can order Mr. Torres? release. Thank you.

Very truly yours,