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Fw: [ronpaul-529] Political prisoner not taking it lightly

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  • Jon Roland
    ... Subject: [ronpaul-529] Political prisoner not taking it lightly Date: Thu, 25 Jun 2009 11:02:15 -0400 From: Bryan Malatesta Reply-To:
    Message 1 of 1 , Jun 25, 2009

      -------- Original Message --------
      Subject:[ronpaul-529] Political prisoner not taking it lightly
      Date:Thu, 25 Jun 2009 11:02:15 -0400
      From:Bryan Malatesta <bryanm@...>


      Many in Texas know of former business owner Dick Simkanin, http://www.dicksimkanin.com/

      He is in prison for not withholding taxes, i.e., giving his workers 100% of their contracted wage and not being an unpaid tax collector for Uncle Sam.

      Here is more info on his trial if interested: http://www.givemeliberty.org/rtplawsuit/Update04-Jan-10.htm

      Dick was a business owner in Bedford, TX.

      At any rate, he was ready to get out and go to a halfway house and because he refused to give them fingerprint and DNA samples, he is not being released. 

      Dick Simkanin called a friend again today to ask me to recruit 8-12 people to call the E. Texas US District Judge David Folsom and push/encourage him to bring up Dick's request of a TRO--Temporary Restraining Order--against what the BOP is doing to him in the prison. They are attempting to force him to voluntarily give away his property. Dick suggested that if we can't speak with the judge personally--which is highly likely--we speak with court personnel stressing the fact that crimes are being committed there in the Texarkana Federal Prison, in that judge's neighborhood and he can, and should, make the BOP stop what they are doing.
      Dick is still NOT in segregated housing yet, but he says the screws are tightening; and his discipline HEARING that was scheduled for Wed was postponed because a doctor who was to speak for Dick had an emergency. Perhaps it will be Thurs.?
      So, please take a few minutes and call the phone number(s) at the link below preferably in the morning. Also, please pass this along to others you know--talk show hosts perhaps--who might also help in this endeavor.
      But, please forward this email to others and make a call to the judges office.


      For those of you interested in Dick Simkanin's incarceration, he called me again late last week with another request. It appears that he has had a hearing  by teleconference with the South-Central regional Bureau of Prison personnel from Dallas--Cedar Springs Road. He thinks he is in serious trouble and on his way to SHU--specialized housing, or in the vernacular, solitary confinement--as he described it. [His 'hurried" letter I received on Monday re-enforced this message.] He is still searching for, and desiring as many of us as have time to join him in searching for the statutes that require him to submit to giving his fingerprints along with a DNA sample to the Bureau of Prisons. From his information, the BOP gets money when they submit a DNA sample to the FBI DNA Data bank, but Dick refuses to cooperate. This has cost him 2 weeks of more freedom as he was scheduled to be released to a halfway house in east Ft. Worth on June 2. As stated in an earlier email, he has decided to make a stand on this issue of principle--they refuse to show him a law that requires him to give fingerprints along with the DNA sample for their records. It appears they are now fixated on taking away his "good time," which for anyone who knows Dick would agree that he ought to have a bunch of that to his credit.
      Having attempted to study as thoroughly as I have time to do the statutes he told me to study, I must admit that I have yet to locate any statute that requires an inmate to give up fingerprints unless that inmate formally REQUESTS a DNA sample be taken in an attempt to prove innocence of a violent crime. Those of you who know of my past writings on laws will remember how I could read 'em with an eye for inconsistencies that few others could. However, since I've been for years now away from reading law books I'm not sure if I'm as good as I THINK I used to be. For Dick, I'm asking those of you with at least some extra time to do some study of the sections listed below that Dick himself has studied thoroughly, but has asked me to request that others do the same. Then when you are convinced the statutes do NOT say what the gov't says they say, if you would write or call the BOP of Texarkana or the South-Central Regional office in Dallas to question where it is the law is found that requires an inmate of a federal prison to submit fingerprints along with a DNA sample. That is the only question Dick has at this time; "Where is the "law" that requires an inmate at a Federal prison to submit fingerprints along with a DNA sample which will end up in the FBI DNA data base?" Will you help him to ask this question of the BOP, US Attorney's offices nationwide,  Office of Inspector General, Congresspersons, Senators, Texas Governor, etc.?
      The first important support you can offer is forwarding this email--or a similar email message--to everyone you know of like mind on the issue of rights for American citizens. If you know someone who has access to a talk show--radio or TV--or a print media outlet where this subject can be discussed it might prove to be invaluable in assisting Dick's effort to make the Bureau  Of Prison  abide by written regulations. [What a concept! Abiding by written laws.]
      Below is a web address where anyone may submit a FOIA request about Dick's situation, and below that are some of my questions/requests that I sent last night. Please consider this angle as one way to draw attention to Dick's attempt at justice. Also, the Office of Inspector General may be a way to garner support for his quest?
      Again, I'm not asking you to do this for me, but for Dick as he "gambled"  back in a day when we actually held out hope that courts might dispense justice instead of injustice, and he lost most everything when he went to prison for violating a non-law. I've been to county jail  for an "extended stay" so I know just a bit of what he is experiencing for attempting to stand on principle. Will you spend just a few minutes of the next few days studying the statutes that pertain to the alleged requirement to submit fingerprints along with a DNA sample? Or, perhaps  write a FOIA request on his behalf to get someone at BOP lying, as federal officials are prone to do, so that at least when the opportunity comes up to file legal papers that we know against whom to file. Please put pressure on these liars over the next few weeks with the hope that Dick Simkanin might walk out of that pit of iniquity in Texarkana, as an example of truth triumphing over the evil ones. Your efforts might be the one to convince the warden, a bureaucrat, etc., that Dick deserves to be released since he never "broke a law." Remember that Biblical principle: "Where there's no law, there's no transgression."

      The entire BOP blanket policy that governs all BOP facilities for the taking of DNA samples, the chain of custody of DNA sampling done for the FBI DNA DATA bank, and any post-sampling procedures. Please include all steps and processes from beginning to end--when the sample leaves the custody of the BOP. Also requested is the amount of funds that change hands during this process. I thought something this simple would have been published on the BOP web site, but I missed it if it is. Thanks.

      I request expedited processing of my request and have described in detail why I believe my request warrants it:

      I've been informed that crimes are being committed inside the BOP over the issue of obtaining DNA samples from inmates. I just want to make sure this information I've received is incorrect and I figured the best way to do that is by seeing the BOP written policy on the subject. This is an opportunity for the BOP to prove that, in all facilities, it is abiding by written regulations.

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      This message was sent by Bryan Malatesta (bryanm@...) from Ron Paul's Campaign for Liberty - Tarrant County.
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