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By Nicholas Zimmerman
I’ve been in Solitary Confinement since May 15th, 2003. Continuously. With no breaks. I know your time is limited so I’ll be sure to only fill you in on the important aspects of my situation, while keeping it brief and to the point. I only request that you take my letter seriously, and that you provide me with as much assistance and resources as you possibly can.
The Reasons For My Solitary Confinement:
On May 15th, 2003, I was placed in Administrative Segregation under the guise of an “on-going investigation of an escape attempt at Sing Sing C.F.” I would remain in Ad-Seg until June of 2005 when, finally, disciplinary charges were lodged against me. In the interim, DOC’s, the Inspector General, the Westchester D.A., etc., were all holding major press conferences alleging to have overwhelming evidence of an escape attempt; however, they refused to file escape attempt charges against me?
When the charges were finally filed, two years later, the D.A.’s office presented the Courts with absolutely no evidence that I attempted to escape from Sing Sing. While I was convicted of the charges, my conviction was based entirely on accomplice testimony, which was never corroborated by independent evidence, as required by C.P.L. 60.22. DOC’s, with all the evidence they claimed to have had, waited until after the trial to bring their disciplinary charges? But even then, I was found not guilty of attempted escape? I was, amazingly, found guilty of violating Rule 1.00, which states that a prisoner can be punished for being convicted of outside charges. Therefore, because I was convicted in court (which is something I have no control over), DOC’s sentenced me to ten years in Solitary Confinement. Through time cuts for good behavior, the sentence was reduced to approximately eight years. As it stands now, I am no longer in Solitary Confinement for the escape allegations, as that time has expired. However, DOC’s has now given me an additional seven years of solitary time for simply “running a business.” (DOC’s does not like the nature of my website, www.FREENicholasZimmerman. com, so they continuously set me up with disciplinary infractions. (For more on this subject, see http://bit.ly/conspiracylawsuit.)
Recent Changes In The Public’s Perception Of Solitary
Confinement
Over the past year the media has paid an enormous amount of attention to the issue of Solitary Confinement. National and international media outlets have covered the subject, calling for an end to this “torturous abuse” (see Erica Goode, “Senators Start a Review of Solitary Confinement,” New York Times, June 20, 2012, http://www.NYTimes.com/2012/06/20/us/ senators-start-a-review-of-solitary-confinement; Adam Cohen, “It’s Time to End Solitary Confinement in U.S. Prisons,” Time Magazine, June 25, 2012, http://ideas.time.com/2012/ 06/25/its-time-to-end-solitary-confinement-in-US-prisons; Alysia Santo, “Legal Aid Sources, Monitoring Group Say New York Prisons Overuse ‘Box,’” Albany Times Union, August 13, 2012; Solitary Confinement Should be Banned in Most Cases, UN Expert Says, UNNewsCentre.com, October 18, 2011). The growing media coverage got the attention of Senator Richard Durbin of Illinois, who held the first ever Congressional hearing on the subject. The movement to end Solitary Confinement has the support of both Republican and Democratic Committees.
Testimony during the hearing revealed that “New York’s Solitary Confinement practices are among some of the worst.” The Correctional Association of New York verified that prisoners are often sent to Solitary for “non-violent prison rule violations, as retaliation for questioning authority, talking back to an officer or filing grievances.” The New York Civil Liberties Union found that “DOC’s dependence on extreme isolation abandons entirely any chance of rehabilitative programming or therapy.” Some organizations have asserted that long-term Solitary violates the 8th Amendment of the United States Constitution, which bans Cruel And Unusual Punishment. The United Nations special expert went as far as to say that “Solitary Confinement may amount to a breach of article seven of the International Covenant on Civil and Political Rights.”
Because of the overwhelming negative press New York State prisons have received on this issue, the Commissioner of the Department of Corrections, Brian Fischer, issued a public statement on the matter. (See Brian Fischer, “Safety Has to Come First in NY’s Prisons,” TimesUnion.com, August 19, 2012, http://www.TimesUnion.com/opinion/article/safety-has-to-comefirst-in-NY’s-prisons.) While I agree with the Commissioner that “10 percent of the prison population are less cooperative and create safety issues for the entire system” and further agree with the more conservative opinion that Solitary shouldn’t be banned in all cases (surprisingly, I’ve met some prisoners who agree with this point), I can never agree with when, and how, DOC’s decides to use Solitary on a prisoner. I find commissioner Fischer’s most important argument (that he only places dangerous prisoners in Solitary) to be misleading and disingenuous:
“Add to those issues inmates who have escaped, try to escape, killed an officer, killed inmates, encouraged unrest, smuggled dangerous contraband or are a serious threat to everyone—and you get inmates placed in disciplinary segregation.”—Brian Fischer
The problem with this statement is that it intentionally omits the many prisoners who are sent to Solitary for non-violent (and non-threatening) offenses. Just look at me for instance; I’m doing seven years of Solitary Confinement time for simply receiving or mailing out non-violent and non-threatening letters to friends and family members requesting that they help me raise money to hire a legal team to represent my case by promoting my book (My Side Of The Story) and my CD (New York’s Illest) on-line and in the streets. Notwithstanding the fact that the 3rd Circuit Court of Appeals in Abu-Jamal v. Price 154 F3D 128 issued a strong decision based on First Amendment principles, granting a prisoner’s rights to publish a book—and make money from it—the Commissioner still allows Attica officials to continuously load me up with years and years of Solitary time for something as non-violent as “running a business.” It is this type of abuse of power and mishandling of the Solitary punishment that fuels the argument asserted by more than 114 powerful organizations across the nation that Solitary Confinement should be banned altogether.
My Relationship With The Administration At Attica
Correctional Facility
My relationship with the Administration at Attica Correctional Facility (more specifically Captain Kevin Brown, Deputy Hughes and Superintendent Mark Bradt) is not a good one and, in fact, our conversations only end in debates over prisoners’ First Amendment rights. Their position is a prisoner cannot run a business under any circumstances. My position is I am not running a business (my family owns the company that publishes my book and CD and the fact that I give them advice in my letters or direct them on what needs to be done to promote the products does not constitute “running a business”) but even if I was, my right to do so would be protected by the First Amendment Right of Freedom of Speech. The Court of Appeals in Abu-Jamal affirmed this reasoning and stated that as long as a prisoner’s business practice “does not amount to fraud, burden prison resources, encourage violence or become a threat to security” he should be allowed to conduct a business. The Administration at Attica has not received a single complaint from anyone in the free world regarding my website, book, CD, etc., yet, they have taken a hard stance against any effort I make to promote my website? I have even sent Supt. Bradt an appeal containing the Abu-Jamal case, as well as several articles, decisions and documents that support a prisoner’s right to run a business. He, as well as the Commissioner, simply rubber-stamp my appeals. The Administration hides behind the “prisoners can’t run a business” rule to stop me from providing advice to my family about business strategies; however, if you look a little deeper into my history with DOC’s, and the message I am promoting, you will see there is a lot more to this story.
Everything that I promote is based on my innocence and the fact that several departments inside the New York State government played a part in convicting me for a crime I didn’t commit. My website takes aim at the Queens and former Westchester County District Attorney, the Department of Corrections, the Inspector General, State and Federal Judges, etc. I do not write falsities or spread unsupported propaganda. I go out of my way to make sure everything that I promote is factual, or that my opinions and ideas are supported by strong research (especially if I am making a claim that a government official is corrupt). I take what I do very seriously, and never for granted! Thus, the fact that the corruption I write about is true is what fuels the Department of Corrections’ motives to silence me. Therefore, they’re not holding me in Solitary because I wrote a book and have a website (many prisoners before me have done the same thing). It is what I wrote in that book and published on that website that keeps me confined. (So much for the First Amendment Right to Freedom of Speech, huh?)
The last conversation I had with the Attica Administration regarding the possibility of me getting out of Solitary Confinement was in April of 2012. I was told if I had no further contact with my website and did not receive any further disciplinary infractions for “running a business” for a period of six months, I would be sent to Long Term Keeplock. (I would still be locked in 23 hrs. a day, but I would be able to have all of my property, as far as personal clothing, typewriter, television, etc.) In addition, I was told that I could no longer seek mental health counseling should my depression issues return and I could not perform any more hunger strikes. So, in other words, I could not write blogs for my website or promote my book, which the First Amendment allows me to do. I could not seek mental health care, which the Eighth Amendment allows me to do. And, although I had filed numerous complaints about officers tampering with, or placing foreign objects in my food, I would be forced to eat it, no matter what, even if it killed me.
This was the ultimatum that was given to me by the Administration of Attica. You may question (as I did) why a prisoner would have to substitute the few rights that he barely has in prison in exchange to be released from ten years of Cruel and Unusual Punishment? But as you see, these are the type of people who are responsible for my confinement.
In the end, the deal would fall through. Within a month of this ultimatum, Correctional Officers searched my cell and confiscated business-related documents that I was allowed to have through the facility mailroom months prior to the conversation about getting out of Solitary. Since Attica is in charge of their entire internal disciplinary process and ultimately makes the decision if I am found guilty or not, I was not surprised by how easily an extra 2½ years of Solitary time was added to my sentence. After the hearing, I asked Captain Brown how could he use this infraction against me to justify holding me in Solitary, when I was allowed to possess the documents, before the ultimatum? He only responded with “You should have thrown them away!” I just looked at him like “what?”
My Relationship With The Area Staff And Immediate Supervisors At Attica Correctional Facility (The Following Is A Letter That I Sent To The Movement & Control Office Within
The Department Of Corrections)
Movement & ControlThe Department Of Corrections)
Department of Corrections
Harriman State Campus – Building #2
1220 Washington Ave.
Albany, NY 12226
518-457-6022
Reason: My Transfer from Attica Correctional Facility
Dear Movement & Control,
At the beginning of August 2012, I was informed by Corrections Counselor, Ed O’Meara, and Mental Health Unit Chief, Rasheed Powell, that a decision had been made to have me transferred from Attica C.F. to another facility. This, I was told, was due in large part to the physical assault, constant harassment, and mental anguish I have endured by Attica staff since 2009. Because of my institutional designation as a “Central Monitoring Case” (CMC), Mr. O’Meara told me that my transfer would take “a while,” but since August, he says he has not heard anything back from your office? On October 11th, 2012, Mr. O’Meara officially retired and suggested that I contact your office regarding my transfer. Since it has been eight months since my transfer request was submitted to your office, I would like to inquire about the status of the transfer and let you know some of what I’ve been going through since I’ve been in Attica.
My stay at Attica has not been a fair one and, in fact, I have been through more mental, emotional, and physical harassment than most prisoners in Attica’s SHU. For one, I am a pro-se litigant and pro-se litigants are viewed as “trouble-makers” by Attica staff. Prisoners who dare to file grievances and lawsuits challenging unconstitutional prison policies face enormous harassment. In August, 2012, I filed a 1983 lawsuit against several correctional officers and administrative staff alleging that they have formed an internal conspiracy to stop my family and I from exercising our First Amendment rights in promoting my website (www.FREENicholasZimmerman.com) and my book (My Side of the Story—The Investigation—Part 1). In the lawsuit, I informed the Federal District Court that on 11/10/10, Officers Hartmen and Mezydlo almost severed my left index finger with a hunting-style knife, on 2/7/12 Officer Hembrook and Bauer destroyed $1,700.00 worth of legal books that I owned, on numerous occasions, L. Pearl and J. Prusak illegally opened and read my outgoing legal and personal mail, on numerous occasions my visits with family members have been unexplainably terminated or denied, and that the Attica Administration has repeatedly and blatantly violated correctional, state, and federal law in order to load me up with years and years of Solitary Confinement time. (To view the lawsuit in full detail search Zimmerman v. Todd 1:12-CV-00763 on the U.S. District Court website.) In addition to the above, since I filed the Zimmermann v. Todd lawsuit, Attica staff has begun to retaliate in a most revealing fashion.
Without regard to the audio/video recording system in Attica’s SHU, Officer Bauer has, on numerous occasions, decided to walk up and down the gallery blatantly telling inmates that “Zimmerman is a rat; he testified against everybody in his case.” “Zimmerman is a rapist.” “Zimmerman told us that an inmate was trying to smuggle drugs in through a visitor last week.” “Zimmerman this . . .” “Zimmerman that . . . etc., etc., etc.” It’s gotten to the point where the Zimmerman name is mentioned more than the actual name of the facility itself. And while none of this is actually true (I’m not a rat or a rapist, nor will I ever be), Bauer does this with the sole intentions of having inmates remember my name and face so that they will try to kill me when I get to population. I am under the impression that the Administration at Attica encourages Bauer to spread these sadistic lies about me because when I brought this very serious issue to the attention of Captain Brown, Lt. Doughtry, Superintendent Bradt, etc., they simply chuckled at me and walked away? And the very next day Bauer was right back at it.
Furthermore, because I was admitted to the mental health unit four times in March and April 2012, Lt. Doughtry has formed his own acts of retaliation against me. In March, he ordered officers to relocate my cell location to C-W-17. Next to me in C-W-16 is Jeremiah Strohman, who is only allowed, if lucky, to shower 3 or 4 times a year. So as you can imagine, the smell coming out of his cell is unbearable at times. Strohman is, by all accounts, a mentally ill prisoner who has loud outbursts and imaginary cell mates with whom he argues and fights with for hours and hours. Needless to say, the noise coming from his cell in the middle of the night prevents everyone from sleeping, but me especially. I’m right next to it. ☹ Additionally, the bed frame in C-W-17 has a humongous dent in it and, once you lie in it, you get the feeling that you’re about to roll onto the floor. So, many of my nights are spent hiding under a pillow trying to shield the noise from Strohman’s latest debate, to trying to fight off the illusion that I’m going to fall on the floor in the middle of my sleep. ☹ While all of this is unconstitutional, no one seems to care. On 4/4/12, I filed a grievance with the Central Office review committee in Albany, NY, asserting that the bed frame in my cell is dented and that I was placed next to a mentally ill prisoner for the sole purpose of retaliation in violation of federal law (see Tillary v. Owens, 719 FSupp 1256—those with mental illness must be in a separate unit). When Lt. Doughtry was forced to respond to my grievance, he lied and said that my bed was “serviceable” and that there was no smell coming from my neighbor. With Central Office being nothing more than a branch of the Dept. of Corrections, they denied my grievance based on Lt. Doughtry’s word. No independent person came to take pictures of, or to verify that my bed is really dented, or to check Strohman’s showering records to see if he has been getting showers. And since March, 2012, I have been living under these circumstances and Doughtry has repeatedly stated that he will not change my cell location, even though there are other open cells available.
With everything that I’ve been through with the above Attica officials, you should know I am still forced to eat from their hands. Bauer is my regular gallery officer. He works five days a week and he is responsible for distributing the food trays to prisoners. On numerous occasions I have received food trays filled with water, garbage, chewed tobacco, etc. Bauer has also created incidents where I would be set up with a loaf diet (or “Puppy Chow” as it is commonly referred to by Attica staff). The most recent occurrence happened on 8/15/12 when Bauer gave me a direct order to stick my bare hands into a toilet bowl filled with urine and feces to retrieve two empty packs of jelly. When I refused, he issued me a disciplinary report and the Hearing Officer, Lieutenant Laverde (who, of course, works for Attica) found me guilty and sentenced me to 10 days of a loaf diet. (The loaf diet consists of one small block of bread, with no water and no other food. I was forced to eat like this for 10 days.) When I appealed the decision to Superintendent Bradt, he, of course, agreed that I should have stuck my hand in the toilet to get the jelly packs and denied my appeal.
In conclusion, my purpose in writing you is to bring these issues to your attention and to request that you please transfer me out of Attica as soon as possible. With all due respect, I do not believe that it takes “months” to find a jail to transfer me to. When the decision was made to transfer me to Attica, that was done in four days, but when it’s time to transfer me from Attica, it takes eight months??? Further, whenever I am transferred on court or hospital trips, the decision to move me is made in one or two days and no extra security precaution delays that move??? So, since my corrections and mental health counselors both agree that I shouldn’t be here, I am asking to be transferred.
Thanks for your time and attention to this matter and I look forward to hearing from you.
Sincerely,
Nicholas Zimmerman
cc: Inspector General’s Office
If anyone reading this letter questions just how bad Attica really is, I invite you to read the 2011 Report on Attica by the Correctional Association of New York (see CorrectionalAssociation.org). This watchdog agency has labeled Attica as “one of the most notorious prisons . . . in the country.” “A constant level of tension is felt throughout the facility . . . and there appears to be an ‘us (against) them’ culture which results in more violence, intimidation and harassment by staff.” (emphasis added)
Discussion On The History Of Solitary Confinement And Its
Physical And Mental Effects
In 2005, the Commission on Safety and Abuse In Prison conducted a year long investigation into the effects of prison life and, more specifically, the effects of Solitary Confinement. The Commission consisted of attorneys, federal circuit judges, advocates, psychiatrists, wardens, medical doctors, prisoners, prosecutors, correctional officers, major generals, senators, FBI agents, Sheriffs etc. . . . At the end of the inquiry, all of these professionals agreed upon one thing: “End conditions of isolation and make segregation a last resort”. (See “Confronting Confinement, a Report by the Commission on Safety and Abuse in America’s Prisons” by Commission Co-Chairs John J. Gibbons and Nicholas de B. Katzenbach.) (Download the FREE report at www.Prisoncommission.org)Several experts gave testimony before the commission about their knowledge of Solitary Confinement. Psychologist and University of California Professor, Craig Haney, who has
interviewed hundreds of prisoners in segregation, has said they are “utterly dysfunctional when they get out”. (See page 52 of the Commission Report) Lawyer Fred Cohen stated that segregation has become a “regular part of the rhythm of prison life” @ 53 finding that people who pose no real threat to anyone are languishing in solitary confinement for years @ 52. Psychiatrist Stuart Grassian, who studied the effects of solitary confinement for 20 years found symptoms of anxiety, confusion, and hallucination and sudden violent and self-destructive outbursts in the prisoners in solitary. Grassian labeled this the “SHU Syndrome” @ 58 and other experts before, and after Grassian, has observed the same symptoms in prisoners. (Brodsky and Scogin 1998, Fisher 1994, Haney 1993, Haney 2003, Kupers 1999, Rhodes 2004, Toch 1975.) @ 58. The American Correctional Association warned the inmates whose movements are restricted in segregation units may develop symptoms of acute anxiety or other mental problems”. @ 60 The commissioners found that “a record of 44 prisoners killed themselves in California prisons in 2005, and 70 percent of those suicides occurred in disciplinary segregation units”. @ 59. In the end, the Commission found that in light of all the evidence, we should accelerate this trend: Stop isolating people and ensure segregated prisoners have a regular meaningful human contact and are free from extreme physical conditions that cause lasting harm” @ 59.
Peter Scharff Smith of the University of Chicago also published a report about Solitary Confinement called “The Effects of Solitary Confinement on Prison Inmates” (See 34 Crimes & Justice 441) Much like the Commission Report; the Smith report confirmed that solitary confinement causes serious mental health issues.
The report confirms that solitary confinement is “physical isolation of individuals in which they are confined in their cells for around 23 hours per day”. The Commission also agreed upon this definition. The report explains that “general psychological distress increases with the increase of restriction” and that “inmates in segregation reported more feelings of inadequacy, inferiority, withdrawal, rage, anger, aggression”. @ 8 and “though a few studies reached discordant findings, the vast majority document significant negative health effects arising from solitary confinement”. @ 8.
Attica’s Mental Health and Administrative staff is notorious for ignoring prisoners who have languished in solitary for years or who have a serious mental illness. The insensitivity about Attica Staff has been documented as far back as 1999: “Many researchers report difficulties in learning about symptoms of isolation since many prisoners hide their condition. Inability to cope maybe perceived by the prison guards as a weakness, a weakness many prisoners try hard not to reveal, but even if prisoners reveal such weaknesses, they may be interpreted by prison staff as attempts at manipulation to get special treatment. A Human Rights Watch Report describes how staff at Attica C.F. were pre-occupied with not being ‘conned’ or manipulated by prisoners. Even self-mutilation can be interpreted in that way” @ 17. Surprisingly, the article details that “serious symptoms can occur in healthy individuals after only a few days or weeks in isolation and that each day in isolation was likely to continue a risk that is heightened the longer the isolation continues”. @ 29.
Another article written by Jules Lobel entitled Prolonged Solitary Confinement and the Constitution (See Journal of Constitution Law, Vol 11:1 December 2008) quotes Tommy Silverstein’s definition of solitary confinement: “It’s like a toothache, a slow constant peeling of the skin, stripping of the flesh, the nerve wracking sound of water dripping from a leaky faucet in the still of the night while you’re trying to sleep”. (Mr. Silverstein has been in solitary confinement for 25 years!) @ 116. A prison in Sweden likened solitary confinement to “a well built machine – a nightmare for the spirit” @ 118. Solitary Confinement in Auburn C.F. was proven to be fatal to the majority of prisoners. It devours the victim incessantly and unmercifully; it does not reform, it kills”. @ 118. District Judge Henderson found that “some inmates spend time simply pacing around the edges of the pen; the image created is hauntingly similar to that of caged felines pacing in a zoo”. @ 119 “to confine someone in isolation for many years seems extreme – akin to a death sentence for life” @ 122. The International American Court of Human Rights found that “Prolonged isolation and coercive solitary confinement are, in themselves, cruel and inhumane treatment, which damages the person’s moral and psychic integrity”. @ 123. The United Nations Committee Against Torture “has recommended that the practice (of Solitary Confinement) be abolished altogether” @123. The European Commission of Human Rights observed that it is generally acknowledged that all forms of solitary confinement without appropriate mental and physical stimulation are likely, in the long term to have damaging effects”. @ 124. What is most important about the Jules Lobel piece is that it points out that even in the case of a convicted terrorist who was considered “the worst of the worst”, and a second terrorist who was convicted of “killing thousands of people” were sentenced to 8 and 6 years respectively, in solitary confinement for their crimes, but the European Committee on the Prevention of Torture still called upon the Turkish Government to release them out of segregation. @ 124. Of course, in the instant case, I am not a terrorist. I was simply convicted of attempted escape in Westchester County Court, but was later found not guilty of the same escape attempt by the New York State Department of Corrections?
An amici curiae brief was filed in the case of Wilkerson v. Austin 2005 WL 539137 (2005). This brief was affirmed and cosigned by more than eight medical and mental health doctors that all agreed with the writings of Attorney, Michael E Deutsch Esq. In the Brief Mr. Deutsch highlighted that solitary confinement “imposes an atypical and significant hardship” on prisoners . . . Because “prisoners (now) experience levels of isolation and behavioral control that are more total and complete and literally dehumanized than has been possible in the past”. @ 7 “Some jurists soon recognized that solitary confinement was a greater evil than certain death and it was reported that prisoners in solitary beg, with the great earnestness, that they may be hanged out of their misery”. @ 8 “A person exposed for the first time to isolation develops . . . anxiety, frustration, and depression” @ 10 and that “prisoners even after one week of solitary confinement experienced levels of sensory deprivation”. @ 10. The brief compared the technique used to “break the will” of a subject to solitary confinement and found them to be one in the same. @ 11. It is also found that “human beings cannot endure significant levels of uncontrollable stress for long periods of time without psychological harm . . . and . . . the more prolonged and complete the isolation, the greater the risk of harm”. @ 11.
Psychiatrist Frank Rundell recalled the “madness” he saw working in the solitary unit as prisoners “set their mattresses on fire, tear their sink and toilets from the wall, ripping their clothing and bedding and destroying their own personal property to escape the torture of their own thoughts and despair.” @ 11 One solitary unit in Maine reported that “almost all their prisoners had attempted suicide”. @12. “Some prisoners lose the ability to initiate or control their own behavior, or to organize their personal lives . . . Some prisoners become uncomfortable with small amounts of freedom because they lose confidence in their own ability to behave without constant restrictions to which they have become accustomed” @16 Psychologist Michael Jackson found that “The study of isolated Canadian prisoners revealed that the single most important factor in the segregated inmates description of the effects that solitary confinement had upon them was the prisoners experience of the justice or injustice of his segregation” @17.
In 2005, the Correctional Association of New York conducted an inquiry into the complaints among prisoners at Attica C.F. Among other things, they “were struck by a widespread sense of fear and intimidation among inmates.” (See correctionalassociation.org and download the Attica Correctional Facility Report 2005) “Reports of staff physically abusing inmates and retaliation by officers against inmates who file complaints about the staff were extensive” @ 1 “Inmates . . . reported that the administration is unable to halt the pervasive violence and abuse by the officers”. @ 1 Even the Correctional Officers who unjustifiably assault prisoners admit “Attica is not a fun place for inmates”. @ 10 “It takes an exceedingly long time to process visitors, significantly shortening the length of visits. @ 10 and that “Female visitors face sexual harassment”. @ 9 “The most consistent complaints was the problem of staff abuse, which apparently takes several forms, including physical abuse, inappropriate force, intimidation during pat frisks . . . shutting off inmates lights or water or denying them meals and recreation, etc. . . . @ 5
And lastly, the fight to end solitary confinement is not an old issue, and in fact it is still a hot topic. On October 17th, 2011 The Metro New York newspaper reported that the United Nations was holding meetings with religious and human rights groups to discuss ending the practice of solitary confinement, nationwide (See www.Metro.us “Isolation In Prison Akin to Torture: Group” October 17th 2011). In 2010, the American Bar Association approved its Criminal Justice Standards on the Treatment of Prisoners which recommended that “no placement in disciplinary housing should exceed one year.” (See AmericanBar.org.) U.S. District Judge Shira A. Scheindlin was the first judge to cite and follow the ABA standards in holding that two years of Solitary Confinement for possessing U.C.C. documents was excessive (see Peoples v. Fischer 11 Civ 2694). The New York Civil Liberties Union filed a report in 2012 entitled “Boxed In: The True Cost of Solitary Confinement,” requesting that DOC’s end long-term solitary confinement (see NYCLU.org). In addition, I have published a book which contains the most recent developments in the fight to end Solitary Confinement. (See Everything You Need To Know About Solitary Confinement by Nicholas Zimmerman on Amazon.com.)
Challenging My Ten-Year Solitary Sentence Through
The Federal Courts
In 2006, I filed a federal lawsuit against Joseph Wolczyk, Donald Selsky and several members of the Department of Corrections alleging, among other things, that my 8th Amendment Right against Cruel and Unusual Punishment was violated when I was sentenced to ten years of Solitary Confinement by Joseph Wolcyzk. (For more on this lawsuit, see Zimmerman v. Burge, et al., 06-CV-0176 on the Northern District Federal Court of New York website.) As far as I know (based on the research I’ve done in the law books), I am the first prisoner in New York State (and possibly across the Country) to challenge long-term Solitary Confinement on 8th Amendment Constitutional grounds, win on Summary Judgment, and subsequently be granted a full jury trial on the issue. I’ve done a lot of research on Solitary Confinement and the Federal Courts have yet to find that long-term Solitary Confinement (absent a serious mental illness) violates the 8th Amendment. Thus, my case would have been the first case to set precedent on challenging Solitary Confinement on 8th Amendment grounds. And I would have won, had it not been for a few unexplainably bad rulings by Northern District Judge Mae A. D’Agostino.
[Before I begin writing on the subject of my trial, I want you to know that I am not attempting to bash Judge D’Agostino in this letter. I’ve been before some terrible judges that deserve my pen-lashing! Judge D’Agostino is not one of them. During my trial, D’Agostino made rulings in my favor that prisoners (and some lawyers) could only dream of receiving. At times, she followed the law so much that it made me question if she was really a judge??? In comparison to other judges, and although I lost, I still feel that D’Agostino is the best judge I’ve been before, so far.]
There were three troublesome rulings that D’Agostino made that seriously affected the outcome of my trial. The first is her denial of my request for an adjournment to secure the testimony of Doctor Muhammad Iqbal. Dr. Iqbal was my doctor while I was housed at Auburn Correctional Facility and he diagnosed me with “clinical depression,” due in large part to all the years I spent in Solitary Confinement. Since I had to prove to the jury that Solitary has had a major impact on my physical and mental health, I requested that Iqbal be allowed to testify regarding my issues with depression. Judge D’Agostino granted that request, but when I attempted to subpoena Iqbal for the day the trial was to start, he informed the Court that he would be out of the country on vacation for that day, and the remaining week. Instead of adjourning the case until Iqbal returned from vacation, D’Agostino forced me to question him, by phone, in front of the jury. Without Iqbal having my mental health file with him to verify my treatment plan, every question I asked him regarding my diagnosis and treatment, battles with depression, effects of Solitary Confinement, etc., was answered with “I can’t answer your question, Mr. Zimmerman, because I don’t have your file with me.” Thus, I was not able to prove to the jury that I was diagnosed with depression while I was in Solitary, which is a key element under the Cruel and Unusual Punishment Clause of the 8th Amendment.
The second error in my trial is that D’Agostino refused to take “Judicial Notice” of research that shows that Solitary Confinement causes serious medical and mental health issues. Pursuant to Rule 201 of the Federal Rules of Evidence, “a judge must take Judicial Notice of statutes, court opinions, court rules, factual foundations based on scientific, social and economic research, government reports and all documents that are not subject to reasonable dispute and cannot reasonably be questioned.” Once the judge takes Judicial Notice of a document, the court must present the file to the jury as a “conclusive fact” and instruct them to rely on that during deliberations. During my trial, I askedD’Agostino to take Judicial Notice of several reports and she denied all of them.
The first document I presented to D’Agostino was the Report of the Commission on Safety and Abuse in America’s Prisons: Confronting Confinement (see www.PrisonCommission.org). The Co-Chairman of this committee was the former Chief Judge of the U.S. Court of Appeals, Honorable John J. Gibbons, and former U.S. Deputy Attorney General Nicholas deB. Katzenbach. The second document was a report prepared by Professor Jules Lobel of the University of Pittsburgh entitled “Prolonged Solitary Confinement and the Constitution” (see Journal of Constitution Law, Vol 11:1 December 2008). And the last document was a report by Peter Sharff Smith entitled “The Effects of Solitary Confinement on Prison Inmates” (see 34 Crime & Just. 441). These documents explain, in depth, the effects of Solitary Confinement on the human body and the arguments contained therein are supported by “statutes, court rulings, opinions, mental and medical research, government documents, etc.” D’Agostino’s refusal to present these reports to the jury left my case lacking support in showing that Solitary Confinement causes a serious mental illness.
The third violation in my trial came when D’Agostino refused to charge the jury on Supreme Court caselaw that confirms that Solitary Confinement causes serious mental and medical conditions. At the end of the trial, the judge must instruct the jury on relevant caselaw that tends to support the Plaintiff’s or Defendant’s position. I requested that D’Agostino read certain excerpts from Supreme Court caselaw that states: “a considerable number of prisoners fell, even after a short confinement, into a semi-fatuous condition, from which it was next to impossible to arouse them, and others became violently insane; still others committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases did not recover sufficient mental activity to be of any subsequent service to the community.” (See In Re Medley 10 Sct. 384 at 386.) Also see Davenport v. DeRoberts 844 F2D 1310 (7th Cir. ’88) at 1313: “The record shows, what anyway seems pretty obvious, that isolating a human being from other human beings year after year or even month after month can cause substantial psychological damage, even if the isolation is not total.”
D’Agostino refused to inform the jury about any of the above language coming from the Supreme Court, she refused to take Judicial Notice of my research on Solitary Confinement and she abridged my right to call Doctor Iqbal as a witness. In the end, I was the only black person/ prisoner, in a federal courtroom, trying to convince an all-white jury, in government town Albany, NY, that Solitary Confinement causes a serious medical and mental illness without a shred of evidence to support (what appeared to be) nothing more than my own crazy theories. (Is it coincidence that a year later more than 250 advocates showed up at the Congressional Hearing advancing the same “crazy theories” that I have on Solitary Confinement? See Media Reports.) Of course, you may be asking how can I still consider D’Agostino to be the best judge that I’ve been before with all the violations that she purposely committed at my trial? Well, trust me, in comparison to other judges that I’ve encountered, D’Agostino is an angel.
What Am I Doing Now To Get Out Of Solitary Confinement?
The Correctional Law 137 Petition: Since the Attica Administration is not willing to be reasonable to my Solitary Confinement issues, my family and friends have started a petition on-line in order to gain support for my release. They are hopeful that once they gain 50,000 signatures the media will be interested in covering a story about my situation. If this happens, perhaps the Commissioner will be a little more sympathetic to the amount of time that I have in Solitary and release me? If you or anyone you know would like to view the petition, you can find it at http://bit.ly/137Petition or send an email to hello@freenicholaszimmerman.com and request that they send you a link to the Petition Page. Your signature and support on this petition would mean a great deal to me.
Appealing Judge D’Agostino’s Decision: I am in the process of filing an appeal to the 2nd Circuit Court of Appeals based on the erroneous decisions that D’Agostino made during my trial. I have pointed out strong Constitutional violations in my brief and supported my arguments with federal caselaw that is directly on point with my issues. To read my appeal see http://bit.ly/DagostinoAppeal.
My 1983 Conspiracy Lawsuit: Pursuant to sections 1983 and 1985 of the United States Code, I have filed a new lawsuit in the U.S. District Court alleging that several members of the Department of Corrections have formed a conspiracy to stop my family and I from exercising our First Amendment Rights to Freedom of Speech in promoting my book and website. (To view my lawsuit, see http://bit.ly/ConspiracyLawsuit.) If the Courts agree with my argument that the First Amendment includes the right to run a business, as the Court affirmed in Abu-Jamal, then the judge can order the Department of Corrections to release me from Solitary.Appealing My Criminal Conviction In The Sing Sing Escape Attempt Case: I have filed a Federal Habeas Corpus Petition in the Southern District of the United States District Courts challenging my conviction in the escape attempt charges. In the appeal, I break down every aspect of the evidence that was used at my trial and show that even if you look at the evidence as a whole, or in individual layers, I cannot factually or even theoretically be legally convicted of attempted escape. I also point out all the lies that were told and Constitutional Amendments that were broken in order to obtain the conviction. Surprisingly, my appeal has been pending since 2009 and the District Court has yet to make a decision on it? If you would like to read my Habeas Brief, see http://bit.ly/TheSingSingCase.
My Petition For Clemency to Governor Cuomo: I have sent my Clemency Petition to the Governor of the State of New York, Andrew Cuomo. The Petition asks for clemency in my original
conviction for criminal possession of a weapon, my second conviction for attempted escape, and my disciplinary convictions for running a business. The Petition details all the reasons why I should be released on “actual innocence” and I am requesting that everyone read it and sign it in order to show support in obtaining my release from prison. To view the Petition, please go to http://bit.ly/ClemencyPetition.
Conclusion
In bringing this letter to a close, I hope I have given you a little insight about my situation and brought you up to date on my case. The bottom line is, the effects of Solitary Confinement are a serious matter and the Dept. of Corrections in New York is taking it as one big joke! God bless the numerous organizations, doctors, lawyers, media outlets, advocates, etc., who have worked hard to bring this issue to the forefront, but none of these people can give you the inside scoop on Solitary Confinement like someone who has lived it for ten years. The Hearing Officer who presides over the disciplinary hearing hands out Solitary Confinement time like it’s government cheese. The Director of Special Housing Units, who is responsible for overseeing the disciplinary process, simply rubber-stamps the majority of disciplinary appeals that prisoners send to him and the Court system takes years to decide a prisoner’s lawsuit based on an excessive Solitary Confinement sentence. (For example, look at the Zimmerman v. Burge case. I filed that in 2006. Wasn’t given a trial until 2011. By that time, I had already served more than half the Solitary sentence.) As stated previously, I did not write this letter to bash Judge D’Agostino, nor, for that matter, Commissioner Fischer. You may come across some good things on the Internet that the Commissioner has done for DOC’s and the prisoners over the years. The prisoners, as well as myself, recognize this. However, on the other hand, the way he has allowed the Attica Administration to oppress me with years of Solitary Confinement for simply exercising my rights to Freedom of Speech is ridiculous! The only way for me to bring awareness to my situation is by utilizing the Internet and promoting my book. The Court system has already shot down, ignored and rubber-stamped all of my appeals in my criminal case. Thus, the only avenue left for me to obtain any kind of justice is through public support and Attica, under the Commissioner’s approval, is doing everything in their power to stop that!
We are pleased to announce that after a long battle with DOCCS, Nicholas has been transferred to Clinton C.F., Brian Fischer has stepped down as Commissioner and DOCCS has started to drastically reduce the amount of SHU time prisoners are given for disciplinary infractions. Still, there is work to be done! Nicholas is still being held in solitary and we have other issues that need to be addressed. Therefore, we ask that you please help Nicholas with the issues on the following page . . .
I Kindly Request Your Assistance With The Following:
- If you decide to start working with me on my case I would first like you to know all the intricate details about my situation before you get involved. Kendra Lyneigh Hughes has written a book about my case entitled My Side Of The Story—The Investigation—Part I (see FREENicholasZimmerman.com, Amazon.com, BarnesandNoble.com, etc.). This book explains the corruption involved in my original case and covers more subjects about the Sing Sing case than I was able to write about here. I hope you will consider reading it. It may also be helpful to download my album, entitled Puzz Pacino Presents: New York’s Illest—The Compilation—Part I (see Amazon.com, iTunes.com, Rhapsody.com, etc.). A portion of the proceeds of these products are donated to my legal defense fund so I would appreciate your support on this.
- As stated previously, my family has started a petition to get me out of Solitary Confinement. Please take a little time to read and sign it at http://bit.ly/137Petition.
- I’m always looking for an assistant to help me with typing legal documents, doing research on-line, social site work, etc. If you’re willing to help me, I can pay you for your assistance. To learn more about the exact assistance I would need from you and how much I can pay for your help, please visit: http://bit.ly/flal.
- It would be greatly appreciate if you could send a letter/e-mail to Governor Cuomo, Acting Commissioner, Anthony Annucci and Superintendent Racette of Clinton C.F. in support of my release from Solitary Confinement. Everything that I have written in this letter is true, and you can rely on it. To the extent you need supporting documents before you can craft a letter in my favor, just ask me for whatever you need and I’ll send you copies, OK? There is one thing that I want to point out to you. At the end of the Brian Fischer article, Commissioner Fischer says: “fair criticism can be made as to whether or not we’re placing the right inmates in segregation and are we keeping them there longer than necessary. That’s why, at my direction, DOC’s is reviewing its policies regarding such placements and length of stays.” Seems like Fischer agrees that long-term Solitary Confinement should end? If so, maybe you should ask the new Commissioner why is Nicholas Zimmerman still in the box??? (My family has set an e-mail address at: AtticeAdministration@gmail.com. Please send your e-mails to Cuomo, Annucci and Racette to this address and they will forward it to the Governor, as well as keep a copy on file. If you decide to send a physical letter, please send a copy to: Madison Avenue Entertainment Group, c/o Posha Jenson, P.O. Box 10276, Albany, NY 12201.
- If you happen to have any connections to the media (such as newspaper or television reporters, bloggers, political organizations, websites, etc.), please contact them about my situation and request that they do a story on my case. Awareness is key in stopping injustice, so media attention on this issue will help a great deal! Below are the names of a few reporters who have written about ending Solitary Confinement in the past, so they may be more willing to help me. I apologize for not having their contact information, but please Google them to get an e-mail address or phone number for them, OK?
Adam Cohen (Time.com)
Jennifer J. Parish (NYTimes.com)
Alysia Santo (AlbanyTimesUnion.com)
Erica Goode (NYTimes.com)
Jonathan Ernst (NYTimes.com)
Joel Stashenko (NYLawJournal.com)
Mark Hamblett (NYLawJournal.com)
6. And lastly, I am looking for legal representation on the appeal that I am filing to Judge D’Agostino’s decision and on the 1983 Conspiracy lawsuit that I recently filed in the Courts. While I am good with the law, I know and understand that the Courts will continue to ignore and rubber-stamp my issues until I am able to get a good lawyer on my case(s). If I am able to get the D’Agostino trial overturned, the State would have to pay me approximately $300.00 a day for about 8 years of Solitary Confinement time, and with the Conspiracy lawsuit, if the Courts agree that my Freedom of Speech rights were violated, I would get the same rate for about 7 years of Solitary time, not to mention what my family and friends would get for what they’ve been through. Thus, if you know any good Civil lawyers out there, maybe you can bring my case to their attention? They stand to make a good percentage of the compensation I receive, so it would be beneficial for them.
Thanks again for your help,
Nicholas Zimmerman 02A1663
Clinton C.F.
P.O. Box 2001
Dannemora, NY 12929
www.FREENicholasZimmerman.com
Nicholas@FREENicholasZimmerman.com
NicholasZimmerman@gmail.com
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