“I would like to shed some light regarding my time I have come across with Institutional Gang Investigator (IGI) E. Duarte! My name is German Cabrera, CDC# T-50054; I’ve been in ASU (Administrative Segregation Unit) since 10/26/2009. I am currently validated as an alleged associate of a prison gang and I did have a discussion with IGI E. Duarte prior to being placed in the hole (segregation).
That bad day took place on 5/14/2009, IGI E. Duarte and his Sergeant forced me to sign what’s called a “safety chrono”, when I refused to do so I was threatened to be placed in the hole. How it took place was as follows: On 5/14/2009 after taking my work shower at my return from my vocation assignment (job) and yard was recalled completely in (B5), I was walking out of the shower and I noticed a sergeant just looking at me. He didn’t say anything though I did not have 5 minutes in my cell when my cell door reopened and was told by the tower that I had a 115 hearing in the program office.
I told him to close my door, didn’t think he was serious. So he did but just to reopen it and said “they want you to go to the program office for a 115.” I asked who is they? He replied “the Sergeant”. I replied to him that the Sgt. was just here and did not say anything plus the Sergeants don’t hear 115’s, it’s the Lieutenants that do plus I didn’t have any 115s. I told him to close my door, he (Duarte) insisted but ended up closing it.
Seconds later the floor officer came and said “they wanted me to cuff you and take you to the office.” I asked “do you know who?” He replied “you know who it is!” Then he went ahead to say “but I’m out of it.” So I told him “get out of it then and get away from my cell door.” He did and minutes later I heard squad’s arrival, it was around 5 or 10 of them. When I got closer to my door and looked it was an officer heading towards my cell door real fast, when he arrived his name tag said “E Duarte”. Duarte started to get loud stating “you like attention huh”, “you like attention huh”, “okay I’m going to give you attention.” I told him “I don’t even know who he is for him to get crazy with me”. He ended up cuffing us up while cuffed up and out of the cell he was acting dumb with my cellie trying to intimidate him.
Then I was told I needed to sign something and I asked what it was; it was a “safety chrono”. I stated to them “I’m cool.” Duarte said “if you don’t sign it you’re going to the hole (segregation).” Then it was given to IGI Tamayo who read it, I then asked him “this is what you’re using to remove me from General Population?” I asked because they did so with another inmate in my building. IGI Tamayo said “oh you’ll know when I’d come for you”. I got into a little discussion of how come they can’t just take my word that I have no issues (safety concerns) and I don’t know what’s really behind this chrono because it doesn’t say if and how it was proven to be true or reliable. So in reality I don’t know (what) and (why) I’m signing then (IGI Sgt. E. Silva) jumped in saying to chill out that I do need to sign it or they will place me in the hole (ASU).
I ended up signing because I had a lot going, I was in vocational training – AA classes – in cell studies plus earning good time credits and I remained in B yard for 5 ½ months until the incident involving inmates and c/o’s in B-2. The incident with Velarde (Harold Anthony Velarde vs. E. Duarte court case in the United States District Court Southern District Of California) and the c/o that hit the inmate while he was cuffed after the searches, me and other Mexicans/Latinos/Hispanics were placed in Adseg/Holes! I got targeted in this validated process, asserted and refuted the following:
I was picked up by IGI pending an investigation into alleged association(s) with a prison gang and as an alleged active member of street gang/disruptive group. I refute IGI’s source items used against me in this duo-validation individual and collectively and assert that this malicious targeting was done in retribution and revenge for the prior incident involving myself and IGI Duarte in which Duarte exhibited a hostile nature and unnecessary forced me to sign a “safety chrono” as well as a subsequent incident involving Mexicans/Latinos/Hispanics and I assert that Duarte’s unnecessary forcing was a personal attack on my character and positive programming in this institution. A fact supporting Duarte’s use of invalid information given by inmates seeking protective custody is illuminated by me remaining on B-yard General Population, several months with no incident; expounding on this doubly damning attack on my character.
I have been targeted and harassed on numerous occasions proceeding this validation process and in violation of my due process rights, due solely to my appearance (as stated by IGI Duarte who while handing me my street gang/disruptive group validation packet sneered at me stating “you got it all over your face”, pointing to my facial area responding to my surprised utterance.”)
They’re using my past against me in addition to IGI Tamayo’s alleged interview where he states I self-admitted to being a gang member. That is a complete fabrication of the events of such day and the abuse of power and malicious harassment of IGI’s.
I have suffered these unconstitutional harassments specifically at the hands of IGI E. Duarte, IGI Tamayo, IGI Silva with a certain number of searches occurring after facility searches or returning from OTC (out of court) 5/2008. With specific reference to incidents such as the constant search and seizure of property with no real provocation, no probable cause, and never yielding any contraband directly related to any association either gang or prison gang. Also, malicious acts such as derogatory practices of withholding my outgoing mail and disallowing my incoming mail as its unconstitutional and puts a strain on my family relationships.
In 2009 I was given the street gang packet and was made to believe it was going to be submitted so both packets gave me (11 points) to rebuttal. Knowing how they go about their evil ways:
1) Because when Duarte and Tamayo came to pick them up, as soon as he got in front of my door I slid them my arguments and they stated “you’re done?” looking all surprised. Plus when they left to do the copies they are obligated to give me, the copies were purposely made wrong!
2) All those points were obviously given to me all at once in hopes I get stressed out and not be capable to rebuttal nor do it correctly.
3) They, IGI’s were hiding my property because most of property consists of legal books, case law, and coincidently I had (validation manual) when I made it clear to all involved (officers and officials) how I was not going to allow their criminal tactics to be pushed on me, without a fight on my behalf. They all told me IGI has to have it. Then like magic my property appeared but days before I was officially validated by Sacramento.
I have several appeals/602’s and staff complaints against IGI and ISU as a whole as well as several of them as individuals. But I was expected of them to respond that their c/o’s did nothing wrong, it doesn’t matter to me because I preserved my rights doing so.
Before I bring this to a close, just recently I was served again with the street gang/disruptive group just because I requested for the face sheet of that packet out of my central file (C-file) so they retaliated and reserved me. On my interview for it, I came out and IGI Duarte was there, I made it clear what was he doing there if I have a staff complaint on him and this past Monday when I went out for medical within the facility I ran into IGI E. Duarte he was the Sergeant for that day. Yup, he’s a Sergeant now, he was the last one of the squad (corrupted) that placed most of all of us in ASU and he will be working in ASU a couple of days out of the week!
I know for a fact there’s a lot of merit in appeals/602’s and complaints filed against Duarte. How is it that he got promoted and on top of that work where inmates he conspired against are housed where he physically hurt an inmate. People out there should request to be provided documents specific to what are the requirements for a c/o (correctional officer) to become a Sergeant and what disqualifies a c/o from getting promoted becoming a Sergeant?
“Silence in the face of injustice is complicity with the oppressor” – Ginetta Sagan
Calipatria State Prison ASU
Written on 8/9/2012, postmarked on 8/10/2012 to Kendra Castaneda and transcribed on 8/14/2012