Alvaro Luna Hernandez - Another Bogus Case

For those of you who haven't received the earlier "Statement" made by Alvaro last
week on Tuesday at his Disciplinary Hearing,

I have attached it again here with this Open Letter I've reproduced verbatim for the
most part; feel free to circulate or upload onto your web sites or forward it please.
Also, in conjunction with this statement and Open Letter, Alvaro asked me earlier
this month to initiate a letter campaign

to the Inter-American Commission on Human Rights (OAS) where we have
possibly the last chance for them to reconsider his petition (refer to
attached "sample letter" outline in "Word"); that you have the option to
modify any way you like to personalize it -

and read the IACHR Executive Secretary Canton's response letter also
attached. The "sample letter", Canton IACHR letter, Statement, and Open
Letter, we encourage "cut 'n pasting" and posting them all up together
if possible because of their inter-related nature and the fundamental
issues here and how the fascist works their repressive model of
segregation.


15 Feb. 2012
Hughes Nazis Prison

TO CENTRAL TEXAS ABC, ABCF, DEFENSE COMMITTEE SUPPORTERS, AND ALL FREEDOM LOVING PEOPLE OF THE WORLD, - AN OPEN LETTER

"...[W]e give this notice, so that our brothers in chains will not be alarmed when
they see us in the claws of authority; we give this notice so that no
one will be discouraged, so that all will continue onward. If we are
persecuted, we do not want discouragement to spread, but rather that
with doubled vigor all proceed with the great work undertaken until the
goal is achieved: the death of the capitalist system..."

- Ricardo Flores Magon,
Oct. 1915, murdered by
guards at Leavenworth, Kan.
Federal Prison, 1922

Although the fascist pigs extinguished his life on the earth in 1922, he will
always live in our hearts and in our memory - Brother Ricardo Flores Magon,
revolutionary anarchist, Presente!!!


I
was taken before the disciplinary "kangaroo court" yesterday, found
guilty, and relegated to 90 days of extreme deprivation conditions in
Level-3, conditions that were outlawed in March 1999 by federal judge
Justice in Ruiz v. Johnson, 37 F. Supp. 2d 855 (S.D. Tex. 1999) he described as
CONSTITUTING TORTURE.
I mailed you a Step 1 Grievance filed here on 12 Feb. 2012.
Specifically, the MENTALLY ILL are subjected to such atrocious
brutalities and inhumanities that would make HITLER'S AUSCHWITZ CAMP
look like Disneyland. These are flagrant HUMAN RIGHTS VIOLATIONS AND
CRIMES AGAINST HUMANITY that must be protested. While the racist,
hypocrite U.S. government parades around the world as the "champion of
human rights", at this very moment, it is engaged in a pattern and
practice of STATE TERRORISM AND GENOCIDE against the prisoner-class here
in this prison system. The majority of those of us in this type PROLONGED SOLITARY
CONFINEMENT ARE PEOPLE OF COLOR!


Prisoners are driven to SUICIDE and staff brutality does exist. For example, a few
weeks ago MACK YATES, TDCJ# 353752, was beaten in his segregation cell by several fascist
pigs, HE PASSED A POLYGRAPH EXAMINATION. He needs outside support to
push federal criminal civil rights charges against the pack of
rabid-hyenas who brutalized him. We need to get the United Nations
Special Rapporteur On Torture, Juan E. Mendes involved, and groups like
the project at Harvard Law School, ACLU, Center for Constitutional
Rights, etc. involved in exposing these violations.


By now you should have the other copies I send you - the false
reports, Step 1, written defense, and the attached appeal, I am filing
THE WEAPON WAS A PLANT, OR it had been there in the window ledge
for years, unbeknown to me. Fingerprint testing should point to the
person that handled the weapon - evidence of my innocence, but the
disciplinary pig Captain Segman, did not want to hear my defense. These
fascist pigs have a history of these type of criminal acts V 12 The
Special Master's Report, and the Wallace case. See Disciplinary Defense Statement.
You know that I am specially hated by these pigs going back many years.
The current Senior Warden Edward Smith knows me from Beto I Unit in
1983, and he was involved in the murder cover-up of black prisoner BARRY WAYNE
EDWARDS, Galveston, brutally beaten to death in solitary, of which I overheard as I
was in the adjoining cell that night. See Galveston Daily News;
I am the target of specially repressive measures to punish me, and to
break my will to resist, and now this. We must stir the senses of our
supporters and the masses of people domestically and internationally, to come to my
support and the support of the other fellow prisoners, who have little or no outside
support. THE PRISON SYSTEM IS THE CRIME.
but the oppressors have a mask on to conceal the true nature of this
fascist - monster that profits from the MASS INCARCERATION of the poor,
and people of color. The time for empty platitudes and other
"sloganeering" is over. We must stir the masses to direct action against
this criminal enterprise that feeds the needs of a capitalist system
that is criminal in nature, and must prey on the poor, the defenseless,
the voiceless in order to maintain its control over our lives. I am
doing my part - resisting these fascist crimes, and trying to engage
other prisoners in self-analysis, and to build a inside force of
resistance through the raising of REVOLUTIONARY CONSCIOUSNESS. I have
never, and will never fear fascism and will confront these war criminals
in all areas of struggle. I have nothing to lose but my chains, and
perhaps, through my own experiences and example it plants the seeds of
resistance against fascism!


I am in TRENCHES OF HELL HERE ON EARTH! Surely, these real stories
will compel others, and stir them to support and action, or they have
become so indifferent and apolitical and robbed of their humanism
and compassion as to be vegetables in a garden, or numb by the
technologies of fascist capitalism! We must bring them back to their
senses, to their humanity, and as Comrade George once said, THEIR LOVE
FOR REVOLUTION!

Protests to the Warden here, and to Gilbert Campuzano in Austin must
take place, calling for the case to be overturned and I be reinstated
to Level 1 immediately. I got your letter of 2-8-12, and will address
those specific issues in a separate letter.

Get copies of this to Max, Kamama, and LA Jericho, Harvard Law
School, etc. We must unite to protest these inhumanities. Take Care
Later,

En Solidaridad,
Alvaro Luna Hernandez
#255735, Hughes Unit,
Gatesville, Texas

For call & letters:
Regional Director Gilbert Campuzano,
TDCJ Region VI Director's Office,
4616 West Howard Lane,
Suite-200,
Austin, Texas 78728
(512) 671-2575 (FAX) (512) 671-2579

Senior Warden Edward Smith,
TDCJ-CID Alfred D. Hughes,
Route-2, Box 4400,
Gatesville, Texas 76597
(254) 865-6663
(Alvaro's address is the same as the warden's)

John S. Dolley Jr. ("Twitch")
Central Coordinator,
Committee to Free Alvaro Luna Hernandez,
P.O. Box 7187,
Austin, Texas 78713

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

DISCIPLINARY HEARING RECORD

(Possession of Weapon – Metal Rod)

In my defense to the charge of possession of weapon, I, ALVARO LUNA HERNANDEZ, TDCJ-CID#255735, submit the following statements:

1. I am not guilty of this charge. At no time did I have any idea that a weapon was in the window in the back of my cell.

2. According to the officer who discovered the weapon, he stated the weapon was “on the window ledge, in plain view.” See Officer’s Report, Feb. 7, 2012;

3. I am not a psych patient nor a stupid person to have a dangerous weapon out in the open, on the window ledge. I am a rational smart person to know better than that and the legal consequences. Plus, my disciplinary record on this unit shows I have never assaulted anyone, staff or inmate, in 12 Bldg. Administrative Segregation; in fact, I have not had a major disciplinary charge for over 5 years now. See #255735, Disciplinary Record;

4. The Weapon – A 5 ½” inch metal rod sharpened to a point, according to the report – should have fingerprints belonging to the person, or persons, that handled the weapon. Fingerprint analysis should point directly to the person in actual care, custody or control of the weapon. My fingerprints should not be anywhere on that weapon, demonstrating my actual innocence. I hereby request a delay of this hearing and a request that the weapon be submitted for FORENSIC FINGERPRINT TESTING to determine whose prints are on the weapon – evidence of a exculpatory nature for my defense, evidence this committee must preserve, disclose and consider in any subsequent decision on guilt or innocence. The Brady rule requiring prosecution to disclose all evidence including expert testing that may contain exculpatory evidence applies to prison disciplinary cases: See: Chavis v. Rowe, 643 F. 2d 1281, 1285-86 (7^th Cir. 1981), cert. denied, sub nom, Boles v. Chavis, 102 S. Ct. 415 (1981); See also, Section VI, B. (7), TDCJ Disciplinary Rules (on submission of non-frivolous evidence that would contradict the facts in Disciplinary Report);

5. Because of my long history of outspokenness an activism against the prison system, I have been the target of harassment and “witch hunts.” For example, on 22 January 2012, this administration ordered Officer Dobbyns (black female) and Officer Cockrell to search my cell. I was the only prisoner targeted and searched. Plus, many times prior to 7 Feb. 2012, officers have entered my cell in 12 B59 for “routine cell searches” or to collect law book folders while I was out in my recreation period outside of my cell. It was accessible for any prison guard to enter my cell and PLANT A WEAPON IN THE OPEN ON THE WINDOW LEDGE for future discovery. It has been a common history of Texas prison guards to plant weapons on prisoners as retaliation, as reported in the Ruiz Special Master’s Report, 1983, on the planting of weapon in personal property of Ruiz activist prisoner MICHAEL SCHNEIDER, Ramsey I Unit, to then justify punishments; and in United States v. Wallace, 673 F. Supp. 205 (S.O. Tex. 1987), Texas prison officials and guards planted a weapon on inmate FRANK CERVANTES to justify the use of excessive force, then conspired to fabricate evidence at disciplinary hearing, all constituting a Federal Criminal Civil Rights Crime under Title 18 U.S.C. Sections 241 (conspiring to deprive) and 242 (deprivation of civil rights); See also, Ruiz v. Estelle, 503 F. Supp. 1265 (S.D. Texas 1980), 679 F. 2d 1115 (5^th Cir. 1982) (on long history of retaliation against writ writers); See also, Hernandez v. Estelle, 788 F. 2d 1154 (5^th Cir. 1989) (my own case litigation);

6. ALTERNATIVELY, the rain water (that comes in through window cracks), could have flushed out the weapon, who could have been there for many years, unbeknown to me, or my cleaning the window with hot water and soap flushed it out onto the ledge, me having no idea it was there, constituting awkward circumstances; and innocent conduct on my part.

Finally, I request the following records-witnesses, (A) the charging Officer Roper that did the search/discovery on 7 Feb. 2012, 12 B59 Cell; (B) Officers Dobbyns and Cockrell on the nature of their search mission on 22 Jan. 2012, B59, (C) Law Library Venesa Rogers to show her collection of legal materials from Cell B59, when I was not in cell; (D) the daily roster logging cell searches in B59 from 1 Jan. 2012, to 7 Feb. 2012, and name of guards who searched cell; (E) Senior Warden Edward Smith, Hughes, to show my long history and on-going legal-political activism and my Ruiz case plaintiff status going back many years to date. (F) copies of I-60 requests from confidential informants on other persons accusing me of possessing contraband, weapons, or allegedly involved in other crimes, or other extortion schemes, and the results of those internal investigations, including the confiscation of all my property for search by Sgt. Harmon, STG Office while I was assigned to 12 D-pod, 6 cell, in my file; (H) Sgt. (Lt.) Harmon, STG Office, Hughes, as witnesses;

Respectfully Submitted

____________________________________

ALVARO LUNA HERNANDEZ

TDCJ-CID# 255735,

12 Bldg; F-Pod 74 Cell

13 Feb. 2012

Cc: Senior Warden E. Smith

Hughes Unit

-Senator John Whitmire

Capitol, Austin, Texas

-Federal Criminal/Civil Rights Division

San Antonio, Texas

-Defense Committee Supporters

The Ballad of Alvaro Luna Hernandez

Without Fear

May 16, 2011 By MAX B. KANTAR Counterpunch.org

"I will never surrender my pride and dignity nor allow the system to 'cut my tongue' and I will always, without fear, speak out against these war crimes and crimes against humanity, no matter if I spend the rest of my life in a prison cage, and draw my last breath of air laying down in this steel bed surrounded by razor-wire fences and cages, and its prison policies that are designed to destroy one's humanity…."

—Alvaro Luna Hernandez, October 18, 2010, Hughes Unit Prison, Gatesville, Texas.

Locked in solitary confinement in a tiny cage inside one of the most notorious control units in the Texas state prison system, Alvaro Luna Hernandez is immersed in a stack of old law texts, his eyes glancing back and forth between court transcripts and a thick legal book every few moments. The streaks of gray in his full, and otherwise dark, beard betray his age in spite of his healthy, powerful frame as he reaches towards the ledge of the sink for a lone Styrofoam cup to take a sip of the stale, lukewarm commissary-bought coffee he drinks every morning, when he can afford it.

Just fifteen months shy of 60 years old, Alvaro has a remarkable amount of energy and routinely gets more work done before noon than most attorneys do in an entire day. Today he's putting together the documents to get a new trial on a writ of habeas corpus proceeding for another prisoner who is both indigent and illiterate and feels he has been wrongly imprisoned. After that, it's on to the cases of two other inmates Alvaro is helping out who are each facing several decades behind bars if their appeals fall through before the Texas Court of Criminal Appeals in Austin. Other prisoners know to go to Alvaro for legal help; he has a well-known reputation throughout the state—indeed nationwide, as highlighted in the recent book Jailhouse Lawyers (City Lights: 2009) by Mumia Abu-Jamal—as a tenacious and effective "jailhouse lawyer" who has filed and won no small number of civil rights suits over the past four decades.

* * *

Alvaro Luna Hernandez is a political prisoner of the State of Texas and the U.S. government. He is nearly 15 years into a 50 year prison sentence for an "aggravated assault" conviction stemming from a July 1996 incident in which he disarmed a Brewster County Sheriff attempting to shoot him. Alvaro vehemently denies the charge that he assaulted the Sheriff. To Mexican-Americans in the cities, slums, plains, deserts, and prison cages of the Southwest, he is a civil rights hero, a Chicano freedom fighter true to his barrio roots and eternally fearless in the face of injustice. For years, he has been internationally recognized by amnesty movements and human rights lawyers and experts as a U.S. political prisoner, yet inside the United States, the name Alvaro Luna Hernandez remains largely elusive on the lips of progressives and social justice advocates.

* * *

A high-school dropout with no formal education, Alvaro hasn't always been such a capable, and indeed, brilliant, litigator. It was during the late 1970s that he transformed himself from a rebellious, zoot suit-wearing "pachuco" hustler in his youth into a prominent leader in the struggle for racial justice and human rights in the Southwest United States. While serving hard time for a crime he didn't commit, Alvaro educated himself about Chicano history, the prison system, and revolutionary political theory. He founded and headed up prisoners' study groups designed to rehabilitate and politicize other inmates.

With Alvaro in the lead, a powerful prison reform movement swept across Texas' criminal justice system and through the state's federal courthouses in the late 1970s and early '80s. Alvaro diligently studied the law and used his newly found skills to file an impressive array of constitutional and civil rights lawsuits against Texas police, judges, and prison officials. He and other prisoners utilized hunger strikes, work stoppages, yard takeovers, and federal civil rights lawsuits in a concerted effort to compel the brutal Texas prison machine to respect the human rights of its exploding prison population, made up almost entirely of poor men of color. Along with a handful of other prisoner-plaintiffs, Alvaro won a landmark federal civil rights lawsuit against the Texas Department of Corrections (TDC) after a trial that lasted 159 days in 1978 and '79 (Ruiz v. Estelle). The court ruled, in a scathing denunciation of the widespread abuse of inmates by the prison system, that the practices of the TDC constituted "cruel and unusual punishment," and ordered a number of substantial reforms.

"Unfortunately," Alvaro says, "most of these 'reforms' were merely cosmetic….Despite these 'prisoner victories' in reforming the system, the federal-nation-state will only go so far because in Texas, the super profits of the state policy of mass incarceration has replaced oil, cotton, and cattle [as the biggest industry in the state]."

Alvaro's principled work to rehabilitate prisoners and enforce human rights standards in Texas prisons earned him the disdain and contempt of prison officials who locked him in administrative segregation, forcing Alvaro to spend almost the entire decade of the 1980s in solitary confinement as part of a campaign of repression aimed at political prisoners and jailhouse lawyers who threatened to expose abuses in U.S. prisons—including torture, killings, and beatings at the hands, or directions, of prison guards and administrators—and unite inmates under a banner of revolutionary change.

* * *

In March 1991, one year after he was moved out of solitary and back into the general prison population, Alvaro was freed from prison, having served over 15 years, after an investigative journalist for the Houston Post, Paul Harasim, uncovered a gross pattern of systematic prosecutorial misconduct and abuse (which included paying off the lead witness and suppressing physical evidence) in the murder case in which Alvaro was wrongfully convicted, narrowly escaping the electric chair. Certainly no bleeding heart liberal, Harasim nonetheless told readers that "What I learned about the prosecutorial behavior in the trial of Alvaro Hernandez in West Texas made my stomach turn….I wonder if I can support state sanctioned executions any longer."

Settling in Houston with his wife following his release, Alvaro wasted no time throwing himself into community organizing and political activism. He founded, and became National Executive Director of, the National Movement of La Raza, a civil and human rights group dedicated to empowering Mexican-Americans and struggling for social justice. Alvaro also helped organize and form committees to support the families of prisoners and bring about "truces" between Chicano street gangs in Pasadena, Texas following a number of tragic shootings. Spearheading the campaign to stop the execution of Mexican national, Ricardo Aldape Guerra, Alvaro founded and headed up Guerra's defense committee. Following years of tireless campaigning and legal battles, his frame-up conviction for killing a Houston cop in 1982 was overturned and Guerra was freed from Texas' Death Row in 1997.

Alvaro's impassioned and successful activism in the Houston area earned him international recognition. In the spring of 1993, serving as a delegate for an NGO, Alvaro addressed the United Nations General Assembly in Geneva, Switzerland, criticizing the U.S. government for its record of human rights abuses of political prisoners and Mexicans in the Southwest. Alvaro's delegation was headed by Rigoberta Menchu of Guatemala who was awarded the Nobel Peace Prize in 1992 for her courageous human rights activism during the U.S.-backed genocide against Mayan peasants in Guatemala during the 1980s. Upon returning from Europe, Alvaro was invited to speak on national television in connection with the Ricardo Aldape Guerra defense case and began hosting Houston-area radio talk shows to spread a message of racial equality and Chicano empowerment. In the following years, Alvaro worked to inspire and educate young people across the United States, speaking not only at universities and conferences, but also at elementary and high schools, lecturing on an array of social and political issues ranging from human rights and grassroots activism, to American history, the criminal justice system, and the death penalty.

* * *

Following his divorce in August 1995, Alvaro moved back to his hometown of Alpine, Texas, located just 80 miles from the Mexican border. In spite of the fact that Alvaro had virtually zero interactions or confrontations with police in the five and a half years that he lived in Houston, almost immediately the local police forces in Alpine were all over him—arbitrary searches day and night, K-9 drug dogs, and frequent "traffic violation" vehicle stops resulting in no citations.

The police hatred of Alvaro in West Texas, especially in Alpine, is fierce, both personal and political, and decades old. Alvaro has always refused to submit to police authority and abuse; sort of like a rebellious slave in the spirit of Fredrick Douglas, but more like a modern-day Gregorio Cortez. When he was 17 he smashed up some police squad cars as well as the personal vehicle of a racist Sheriff following a police confrontation, a stunt which landed him three years in prison. Years later, in 1976 following an escape from county jail—at which he was awaiting transfer to state prison for the wrongful murder conviction—and subsequent shootout with law enforcement, Alvaro was taken to a windowless "conference room" in the jail where he was beaten within an inch of his life by several on-duty police officers. The cops took turns beating and stomping their handcuffed captive, causing him to lose consciousness, his face, eyes, and lips swollen and bloodied beyond recognition, his scalp ripped open with blood pouring from his head onto the cold concrete floor. Once the police were finished, they dragged a bloodied and unconscious Alvaro across the jail and threw him in a cell, leaving him for dead. The near fatal beating meted out to Alvaro resulted in federal criminal civil rights indictments of Pecos County Chief Deputy Sheriff Mike Hill and Deputy Sheriff Bill Mabe, culminating in misdemeanor convictions and probation for the officers. For his part, Alvaro was awarded substantial monetary compensation for damages following a civil suit. The convictions of the officers, however mild, ultimately destroyed their careers as policemen, thus earning Alvaro a special animosity in local law enforcement circles for daring to fight back against police on their own terms, both in the streets and in the courts.

Alvaro's persistent defiance against oppression has always stemmed from a deep-rooted thirst for the freedom so cruelly denied to him and millions of other Chicanos in the Southwest United States since the colonization and annexation of the Mexican territories north of the Rio Grande following what is commonly known as the U.S.-Mexico War (1846-1848). In a very real sense, the rural West Texas community of Alpine is like a microcosm of race-relations in the region. Like all of Alpine's Chicano residents, Alvaro grew up on the south side of the Southern Pacific railroad tracks which served as the de facto racial dividing line between Mexican-Americans and whites. Much like the Jim Crow South at the time, the parallel social universe of rural West Texas manifested harsh economic and political means of control to ensure the subordinate position of Mexicans in an Anglo-dominated society. The town's Mexican population was largely impoverished, locked into a near-permanent state of economic subservience to white business interests while the gross disparity in social services and infrastructure served as a very visible reminder of the prevailing racial hierarchy, not only in Alpine, but in the American Southwest in general.

The Alpine police and the Brewster County Sheriff's office were, of course, all white and patrolled the Chicano barrio south of the tracks daily and nightly with a brutality usually reserved only for the town's "meskins."

"People were scared of them," Alvaro writes in a letter from his prison cell, recalling how as a young boy he would go looking for his father or grandfather in the local bars, the Sheriff would often barge in, gun on his hip, to intimidate, arrest, and humiliate Chicano men and elders simply as a means of letting them know "who was boss."

Whether at the pool hall or walking the streets, Chicano youth were routinely singled out for arbitrary beatings and harassment by the cops. Alvaro was a tough kid, a self-proclaimed "vato loco" and product of the "pachuco" subculture. He was often getting into trouble for drinking beer or fighting, and had many violent confrontations with police as a teenager. Once at a high school football game some policemen were trying to arrest another Mexican kid and started beating the young man; Alvaro intervened to stop the assault and the cops turned their attention, and rage, to him, beating and pistol whipping young Alvaro as a hostile crowd gathered around, throwing garbage at the officers. The police busted open his skull, requiring several stitches, but not before taking him to jail, charging Alvaro with "assault on a peace officer." Alvaro's run-ins with the police landed him, at the age of 15, in a juvenile prison run by the Texas Youth Council (TYC) for a year. The juvenile detention centers in Texas had reputations for being extremely brutal and abusive—so much so that the Texas Youth Council was ultimately shut down by federal courts in 1983 following over a decade of lawsuits.

* * *

Just months after getting released from the custody of the TYC, something happened that would change Alvaro's life forever. It was June 12, 1968. Alvaro was hanging out with his best friend, Ervay Ramos. The two buddies were cruising around Alpine in Ervay's brother's car when red police lights started flashing in the rear view mirror. Ervay was, like Alvaro, 16 years old, but didn't have a valid driver's license. He sped off and the police car gave chase. Fishtailing through a back alley with the wail of the siren growing louder in the distance, Ervay quickly stopped and told Alvaro to jump out of the car. He drove off and struck a nearby fence next to the football practice fields and landed in a ditch. With the cop car getting closer, Ramos jumped out of the car and ran down the alleyway hoping to escape. Alvaro was just feet away and saw with his own eyes what transpired next.

"The police car, driven by Bud Powers, a well-known cop with a reputation in the barrio for being racist and brutal, pulled up and stopped [behind] the Ramos car," Alvaro vividly recalls. "[Powers] stepped outside, pulled his revolver and shot the fleeing Ramos in the back with his .357 magnum pistol killing him instantly."

The murder of Ervay Ramos was one of a number of similar killings of Chicano youth by police in the Southwest at the time. Officer Bud Powers received a proverbial slap on the wrist—five years' probation—and never served a day in jail. The killing of Ervay Ramos was cited by the U.S. Commission on Civil Rights in their 1970 report to the President entitled "Mexican Americans and the Administration of Justice in the Southwest" as one of several examples of what the Commission referred to as a pattern of "serious police brutality" and "widespread discrimination" suffered by Mexican-Americans at the hands of law enforcement officers and the U.S. judicial system in the Southwest United States.

* * *

So when Alvaro moved back to Alpine in 1995 with political struggle and courtroom justice for his slain childhood friend on his mind, he was met with considerable police opposition. He was working as a freelance paralegal for attorneys throughout the state when Alpine community members began approaching him for help regarding police brutality and other injustices in town. They had seen Alvaro on television when he was in Houston, working against the death penalty and police oppression. They knew about his impressive record of civil rights activism and how he had litigated a number of successful federal and state civil rights lawsuits against Texas police, judges, and prison officials. Moreover, citizens sought out Alvaro for help because, in addition to being a prominent public critic of racial and social inequalities in Alpine, it was well known—both by the general public, as well as by law enforcement—that he was working on re-opening the 1968 Ervay Ramos murder case with the intention of bringing his killer, policeman Bud Powers, into federal court on murder charges.

The response of the Alpine police to all of this was to organize and carry out a sophisticated campaign, in the spirit of the F.B.I.'s "counter intelligence program" (COINTELPRO) of the 1960s and '70s, of surveillance, harassment, and repression against Alvaro. They hired a local heroin addict, Mary Valencia, to work as a police informant, ransacking his legal files and personal belongings while working as a maid at the motel he was staying at. Police followed him around, subjecting him to unjustified searches and harassment.

Worse yet, the police convinced the father-in-law of an Alpine Police Sergeant—a man who was known around Alpine as a local town drunk—to falsely accuse Alvaro of armed robbery—a ridiculous frame-up charge which Alvaro ultimately ended up getting dismissed in court while acting as his own attorney. In the meantime, however, Alvaro bonded out of jail by selling his car to the bail bondsman, but just weeks later the bondsman "withdrew" from the bond, unbeknownst to Alvaro at the time.

* * *

On July 18, 1996 Sheriff Jack McDaniel showed up on Alvaro's doorstep looking to re-arrest him. Brewster County's new sheriff was far from an anonymous cop just "doing his job." McDaniel had been cited in a victorious civil rights lawsuit filed by Alvaro against then-Sheriff Jim Skinner a few years back. Moreover, it was no secret around town that Alvaro was investigating Sheriff McDaniel for corruption and embezzlement of funds from the county treasury—funds that Alvaro alleged were being used at McDaniel's private ranch in West Alpine. Coupled with his work on re-opening the Ramos case and his long history of resistance to local police power, Alvaro argues that the prerogative of the cops was clear: "The police all knew what I was up to and they were determined to stop me at all costs."

When questioned on the legality of the arrest—for which no warrant was presented—an enraged McDaniel pulled his gun on Alvaro. Fearing quite literally for his life, Alvaro disarmed the Sheriff in self-defense before he could shoot, told McDaniel to leave, and then fled the scene. Nobody was injured. For three days Alvaro was able to evade law enforcement in the rugged countryside of Brewster County during the course of what was one of the most massive manhunts in recent West Texas history. Following a shootout with police at his mother's house, Alvaro was captured and charged with two counts of aggravated assault; one for allegedly pointing the gun at Sheriff McDaniel after disarming him, and another count for allegedly shooting an officer, Curtis Hines, in the hand during the shootout.

At the trial, witnesses testified that Alvaro never pointed the gun at McDaniel. McDaniel accused Alvaro of pointing the gun at his chest—threatening him with a deadly weapon—but Alvaro swears this is a lie. In a live interview on local television on July 18th following the confrontation at Alvaro's house, McDaniel told viewers that Alvaro had only disarmed him and neither threatened nor shot him.

"Days later," Alvaro explains, "when the Sheriff met with the District Attorney he changed his story to say that I had not only disarmed him but had pointed the gun at him—the difference between a minor misdemeanor and a first degree felony offense." The videotape was ultimately kept out of court proceedings; Alvaro's lawyer Tony Chavez is rumored to have potentially struck a backdoor deal with the prosecution. At the time, Chavez was under investigation himself for drug trafficking and was facing many years in prison under a plethora of forthcoming RICO charges. In fact, just months after Alvaro's trial, Chavez immediately took a plea bargain and was sent to federal prison for 30 months and disbarred from the practice of law.

Throughout the trial numerous witnesses, including former law enforcement officers, also testified to the intense, longstanding police hatred of Alvaro. Alvaro was found not guilty on the second count of shooting Officer Hines in the hand (it was determined that Hines was hit by a ricocheting police bullet). Despite considerable public protest, however, the nearly-all-white jury found Alvaro guilty of "aggravated assault" for allegedly pointing the gun at McDaniel's chest—an accusation which Alvaro vociferously and consistently denies to this day.

Alvaro Luna Hernandez was sentenced to 50 years in state prison in the summer of 1997. He will not be officially "eligible" for parole until 2021.

* * *

Though his appeals have all been exhausted, options still remain within the legal system to bring about Alvaro's release. The KOSA TV videotape interview with McDaniel may still exist, and a full review of federal, state, and local files pertaining to Alvaro, and his ex-lawyer Chavez, is likely to shed light on Alvaro's conviction and political imprisonment. Obtaining the pro bono assistance of one or more bright legal minds to help pursue other existing, and very promising, legal avenues to reenter the courts continues to be a top priority and a potential source of hope.

There is one thing, however, that remains clear and undisputed: absent a substantial popular mobilization and grassroots campaign pushing for his freedom, Alvaro faces a virtual life sentence of incarceration in the brutal control units of Texas' state prisons. Yet in the meantime, although buried deep beneath the razor-wire fences, uncounted tons of cold steel, and the rows of soul-destroying concrete cages of Hughes Unit Prison, Alvaro Luna Hernandez remains among America's most fearless political prisoners, incessantly struggling for freedom, locked up but never defeated.

Max Kantar is a Michigan-based independent writer and the Midwest representative for the Committee to Free Alvaro Luna Hernandez. For more information on Alvaro's case, visit www.freealvaro.net. Max can be reached at maxkantar@gmail.com.

This Wednesday Call-in for Alvaro Luna Hernandez

THE COMMITTEE TO FREE ALVARO LUNA HERNANDEZ
IS ASKING FOR THE PARTICIPATION OF ALL HIS COMRADES AND
FRIENDS IN A:

PROTEST CALL-IN

Set for Wednesday, APRIL 6, 2011,

To the TDCJ
in Huntsville, Texas,

Alfred D. Hughes Unit, in Gatesville, Texas, @ 2PM (CDT) –
To object to the growing threats of censorship to his mail and
1st Amendment Rights, and retaliation by staff for observing his right
to file a grievance.

(254)  865-6663

Ask for: Hughes
Unit Senior Warden Edward Smith

1 (800) 535-0283

Texas Department
of Criminal Justice (TDCJ)

Ask for TDCJ-CID Ombudsman

Program Coordinator Linda Shaw – Administrative Review & Risk management Division:

Direct line to Shaw: (936) 437-8035

Or (optional) TDCJ-CID
Ombudsman Office Line:

(936) 437-6791

Retaliation, in that Mail-room Supervisor G. Vandiver, specifically, made a
threat to Alvaro that his correspondents (we presume to be all) “be put on
a negative mail list”.

Alvaro has had mail problems before, but this is an open threat made by the Supervisor
and can't go unchallenged, that stemmed from certain pages being removed
(confiscated) from a copy of the book “Defying The Tomb”, written by Virginia
state prisoner and Minister of Defense for the New Afrikan Black Panther Party
Prison Chapter (NABPP/PC) Kevin (Rashid) Johnson, sent him by Inside Out Books
(the publisher) in Seattle, Washington; the pages Supervisor Vandiver and
the  mail-room objected to, claimed would breakdown the prison's operation -
with prisoner disruptions - strikes - and rioting.

The fact that the [4] pages removed earlier (pages 112-113 – and 120-121), were re-sent
individually to Alvaro without incident, and that Inside Out Books was
never sent an official notice for denial of publication, would strongly support
suspicions that the retaliatory nature of Vandiver's reaction to Alvaro's filed
Grievance caused the threatening remark made about his mail in or out; because
they must have realized their jobs were in jeopardy and that they were out of
TDCJ & TBCJ policy compliance. This is not an idle threat, because prison (unit)
administrations generally allow officers discretion to control prisoners this
way, so it can never be credited for even happening IF an impression isn't made
to Huntsville or on a Senior Warden by supporters & the public.

You’ll have to give Alvaro’s TDCJ-CID# 255735 when you call, and mention he’s in
Administrative Segregation at the Alfred D. Hughes Unit in Gatesville, Texas.

Tell Huntsville that we demand the “disputed pages” that were torn
out, then re-sent separately by the publisher of the book in question
“Defying The Tomb”, then being confiscated once again must be returned
to him, and an explanation why there were two different decisions made
by the mail room in regards to not allowing the pages, and then admitting them
separately later.

John S. Dolley, Jr.,

Central Coordinator,
Committee to Free Alvaro Luna Hernandez,

Central Texas ABC,
P.O.Box 7187,
Austin,Texas 78713
twitchon@hotmail.com
www.freealvaronow.net

THE COMMITTEE to FREE ALVARO LUNA HERNANDEZ (Chicano political prisoner) PROTEST CALL-IN Set for Wednesday, APRIL 6, 2011

March 29, 2011

PROTEST CALL-IN on Wednesday, APRIL 6, 2011

THE COMMITTEE to FREE ALVARO LUNA HERNANDEZ (Chicano political prisoner)

IS ASKING FOR THE PARTICIPATION
OF ALL HIS COMRADES AND FRIENDS IN A:

PROTEST CALL-IN

Set for Wednesday, APRIL 6, 2011,

To the TDCJ in Huntsville, Texas,
Alfred D. Hughes Unit, in Gatesville, Texas,
@ 2PM (CDT)
– To object to the growing threats
of censorship to his mail and 1st Amendment Rights, and retaliation by staff for
observing his right to file a grievance.

(254) 865-6663
Hughes Unit Senior Warden Edward Smith

1(800) 535-0283Texas Department of Criminal Justice (TDCJ)

Retaliation, in that Mail-room Supervisor G. Vandiver, specifically, made a threat
to Alvaro that his correspondents (we presume ALL) "be put on a negative mail list".

Alvaro has had mail problems before, but this is an open threat made by the
Supervisor and can't go unchallenged, that stemmed from certain pages being removed
(confiscated) from a copy of the book "Defying The Tomb", written by Virginia state
prisoner and Minister of Defense for the New Afrikan Black Panther Party Prison
Chapter (NABPP/PC) Kevin (Rashid) Johnson, sent him by Inside Out Books (the
publisher) in Seattle, Washington; the pages Supervisor Vandiver and the mail-room
objected to, claimed would breakdown the prison's operation - with prisoner
disruptions - strikes - and rioting.

The fact that the [4] pages removed earlier, were re-sent individually to Alvaro
without incident, and that Inside Out Books was never sent an official notice for
denial of publication, would strongly support suspicions that the retaliatory nature
of Vandiver's reaction to Alvaro's filed Grievance caused the threatening remark
made about his mail in or out; because they must have realized their jobs were in
jeopardy and that they were out of TDCJ & TBCJ policy compliance. This is not an
idle threat, because prison administrations generally allow officers discretion to
control prisoners this way, so it can never be credited for even happening IF an
impression isn't made to Huntsville or a Senior Warden by supporters/public.

Political Prisoner Alvaro Luna Hernandez Facing Censorship and Threats

March 14, 2011 Infoshop News

Texas political prisoner ALVARO LUNA HERNANDEZ (http://www.freealvaro.net)
needs mobilized support and solidarity to protest the unlawful censorship
of his mail by HUGHES UNIT prisoncrats and mailroom officials. Because of
Alvaro’s persistent criticism of the Texas Department of Criminal Justice,
and because of his insistence on having his First Amendment Rights
respected, Hughes Unit mailroom officials are now threatening to place
supporters of Alvaro on a “negative mail” list to be censored/blocked from
correspondence with him. Already, Hughes Unit, among other prisons, has a
de facto policy of obstructing legal publications such as Prison Legal
News for the purpose of keeping prisoners powerless against abuses. This
is a major attack on the rights of political prisoners and must be dealt
with swiftly by all freedom and justice loving people. If we fail to
respond to these attacks then we are simply paving the way for more
repression. Alvaro deserves our solidarity and support!

Please make PHONE CALLS to Hughes Unit and the TDCJ and tell them what you
think: 254-865-6663 and 1-800-535-0283

Please send LETTERS OF PROTEST to Hughes Unit Warden Edward Smith and
express the following:

Edward Smith
Hughes Unit Senior Warden
Route 2, Box 4400
Gatesville, TX 76597

Dear Warden Smith:

I am writing to you to express serious concerns regarding possible
violations of inmates’ constitutional rights at Hughes Unit prison by
mailroom officials.

On 18 February 2011, Alvaro Luna Hernandez (TDCJ-CIN #255735) was denied
the right to receive a book, Defying the Tomb, sent to him by the
publisher, Inside Out Books, on the grounds that pages 112-113, and
120-121 of the book violated prison mail rules because the said pages were
allegedly “construed and written solely for the purpose of communicating
information designed to achieve the breakdown of prisons through offender
disruption, such as strikes, riots or security threat activity….” (TDCJ
Denial Notification Form, 2/18/11).

However, within a matter of several days, Inside Out Books mailed Mr.
Hernandez actual copies of the said pages, which were received by Mr.
Hernandez without incident or restriction, illustrating the arbitrary and
unjust nature of the original censorship of the book. Moreover, the said
pages did not at all bear resemblance to the initial claims made by
mailroom officials. Additionally, Inside Out Books was never served with a
“notice of denial of publication”—an inaction which is a flagrant
violation of federal law.

Worse yet, in response to Mr. Hernandez’s filed complaint, Mailroom
Supervisor, G. VANDIVER threatened further First Amendment violations
against Mr. Hernandez, noting that his correspondents may “be put on a
negative mail list” ostensibly as retaliation for Mr. Hernandez’s
criticism of mailroom policies, and more broadly, his continued human
rights activism directed at enforcing the constitutional rights of
prisoners.

I strongly urge you to conduct an investigation into this matter, and to
swiftly terminate mailroom officials Y. MCDONALD and G. VANDIVER for their
egregious incompetence and for the malicious and unlawful threats issued
against Mr. Hernandez for exercise of his First Amendment Rights.

I trust you will ensure that inmates’ constitutional rights are upheld and
that any and all recalcitrant and unprofessional employees of the TDCJ and
Hughes Unit in particular are dealt with accordingly. I will continue to
follow this case and am confident in your commitment to carry out your
duties in accordance with all state and federal laws.

Thank you for your prompt attention to this matter.

Very truly yours,
(signature)

PLEASE ALSO SEND COPIES TO:

Brad Livingston
Executive Director, TDCJ
3009A Highway 30 West
Huntsville, TX 77340
936-437-4271

TDCJ Office of Inspector General
P.O. Box 4003
Huntsville, TX 77342
936-437-8035
fax: 936-437-8067
email: ombudsman@tdcj.state.tx.us

CID Ombudsman Office
P.O. Box 99
Huntsville, TX 77342
936-437-6791
fax: 936-436-6669
email: ci.div@tdcj.state.tx.us

Reagan Duncan
Access to Courts Dept.
Program Supervisor II,
2405 Ave. I, Suite J
Huntsville, TX 77340
936-437-5374

TDCJ Director’s Review Committee
P.O. Box 99
Huntsville, TX 77342