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Kern Valley State Prison (KVSP) - California Topics, Discussions & Information relating to the Kern Valley State Prison located in Delano, California.

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Old 11-15-2016, 02:36 PM
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Default ASU 2 at Kern Valley, What it is like?

My beloved got taken back into Ad-Seg half way through my visiting from the UK. For an accusation made by another inmate wanting his privileges back after he was found with a weapon. This accusation was made 6 months ago - but he was taken while I was visiting. I am his only visitor. I received a letter today, which was written about 10 days for him being in the ASU. This is what he said:

11/03/16
I finally got to go to yard, this is the first time in a week. Hopefully I will be getting it on a regular basis from now on. The cell I was kept in for the first week ( they have now moved me) had no cold water. The cold water button did not work. So I had to drink hot water. Or put the water in a cup to let it cool down before drinking it. Additionally there was absolutely no ventilation in the cell, nor any air flow. The cell door was solid and it was like a sweat-box. This Ad-Seg is worst than Pelican Bay SHU. I don't know how they can legally keep anyone in these cells. There is a little tiny window in the corner of the ceiling which looks out onto a crawl-way, which in turn has another window on top of that. I got more light when I was at Pelican Bay than here. This is in total violation of our Settlement Agreement. There's a lot of personal stuff that we are supposed to be allowed (*which he has not got, clothing and personal hygiene) The way they are keeping us here is like serious punishment and minimalstation.

Just got back from Committee. They said they will hold me here for another 6 months pending the adjudication of the 115, which I haven't got and a criminal prosecution, which I also have had no notice of. Apparently if some rat says you did something, these people don't care if you're innocent. This is the second time I have been thrown in here for something I never did and both times when I was expecting a visit from you.
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Old 11-15-2016, 02:48 PM
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Oh my gosh, I'm so sorry. My husband spent time in the hole at KVSP years ago. When I speak with him next, I'll ask. I know things change, but the structure of things rarely does. Prayers for you both.
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Old 11-15-2016, 03:05 PM
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Quote:
Originally Posted by Linney444 View Post
My beloved got taken back into Ad-Seg half way through my visiting from the UK. For an accusation made by another inmate wanting his privileges back after he was found with a weapon. This accusation was made 6 months ago - but he was taken while I was visiting. I am his only visitor. I received a letter today, which was written about 10 days for him being in the ASU. This is what he said:

11/03/16
I finally got to go to yard, this is the first time in a week. Hopefully I will be getting it on a regular basis from now on. The cell I was kept in for the first week ( they have now moved me) had no cold water. The cold water button did not work. So I had to drink hot water. Or put the water in a cup to let it cool down before drinking it. Additionally there was absolutely no ventilation in the cell, nor any air flow. The cell door was solid and it was like a sweat-box. This Ad-Seg is worst than Pelican Bay SHU. I don't know how they can legally keep anyone in these cells. There is a little tiny window in the corner of the ceiling which looks out onto a crawl-way, which in turn has another window on top of that. I got more light when I was at Pelican Bay than here. This is in total violation of our Settlement Agreement. There's a lot of personal stuff that we are supposed to be allowed (*which he has not got, clothing and personal hygiene) The way they are keeping us here is like serious punishment and minimalstation.

Just got back from Committee. They said they will hold me here for another 6 months pending the adjudication of the 115, which I haven't got and a criminal prosecution, which I also have had no notice of. Apparently if some rat says you did something, these people don't care if you're innocent. This is the second time I have been thrown in here for something I never did and both times when I was expecting a visit from you.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Absolutely terrible conditions. I am sorry he is going through that.

Just to kind of clarify how this works in general....

Based on what he's been told, the 115 will not be adjudicated until the county he's imprisoned in decides whether or not they are going to prosecute him. For the purposes of prison punishment, the word of another inmate MIGHT be enough, but for the purposes of criminal prosecution there would need to be actual evidence that he got caught with a weapon (or drugs or something that would be illegal.)

If the District Attorney decides to pick up the case, a warrant will be issued by the court and he will be transported to the County Jail. He'll then be arraigned and can either take a plea bargain or the court will hold a preliminary hearing to determine what evidence exists and if it's enough to actually try him before a jury. In theory, the only way he can be fully absolved going this route is if he takes it to trial and is found "not guilty." The judge dismissing the case or the DA declining to press charges will not absolve him of any in-prison punishment if they're hell-bent on making sure he "pays for his sins" so to speak.

We only know as much as you've been told and have shared, so what the chances are for this, well, none of us know.

Wishing you the best of luck. Hopefully there will not be a criminal prosecution and the only time he'll risk losing is "good behavior" and maybe some time in the hole.
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Old 11-15-2016, 04:16 PM
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Quote:
Originally Posted by missingdee View Post
Absolutely terrible conditions. I am sorry he is going through that.

Just to kind of clarify how this works in general....

Based on what he's been told, the 115 will not be adjudicated until the county he's imprisoned in decides whether or not they are going to prosecute him. For the purposes of prison punishment, the word of another inmate MIGHT be enough, but for the purposes of criminal prosecution there would need to be actual evidence that he got caught with a weapon (or drugs or something that would be illegal.)

If the District Attorney decides to pick up the case, a warrant will be issued by the court and he will be transported to the County Jail. He'll then be arraigned and can either take a plea bargain or the court will hold a preliminary hearing to determine what evidence exists and if it's enough to actually try him before a jury. In theory, the only way he can be fully absolved going this route is if he takes it to trial and is found "not guilty." The judge dismissing the case or the DA declining to press charges will not absolve him of any in-prison punishment if they're hell-bent on making sure he "pays for his sins" so to speak.

We only know as much as you've been told and have shared, so what the chances are for this, well, none of us know.

Wishing you the best of luck. Hopefully there will not be a criminal prosecution and the only time he'll risk losing is "good behavior" and maybe some time in the hole.
Thank you for the reply. You are right they will make him pay. He is one of the representatives of the Short Corridor at Pelican Bay. He and others made it hard on CDCR now they will have their revenge. Quite a few of the others who were involved in the hunger strikes have also been taken into Ad-Seg on exactly the same charges.
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Old 11-16-2016, 02:10 AM
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I am so sorry. I had my LO in the hole during this past year and even though it was for his own protection, the conditions weren't any better: unbearable heat and no ventilation.

I hope things move along with his 115 and without prosecution. We've been through the appeals process for other reasons and I've gotten the impression that CDCR can do whatever they like and there's really no help from the Ombudsman or anyone else. Sending both of you strength!
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Old 11-16-2016, 08:24 AM
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You got it, CDCR seem to do whatever they like. Even breaking their own rules with no comeback. When my LO told me about the conditions when I first knew him, guards attitude, condition of cells, I thought maybe there is a little exaggeration, but no. It is exactly as he says. I know it is not just him that is going through this. Others are suffering just as badly sometimes even more. It sometimes makes me wonder - who are the criminals???
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Old 11-16-2016, 10:04 AM
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I'm sorry to read, the current situation. May I suggest getting in touch with the Prison Law Office (510) 280-2621. They may be able to offer some advice.

http://prisonlaw.com/

I hope things get resolved, God Bless you both.
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Old 03-16-2017, 04:35 PM
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Hi Ladies! Does anybody know the difference between ASU1 and ASU2? TIA
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