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T E .FD-302 Rev. 4-15-64! I
FEDERAL BUREAU OF INVESTIGATION
M 2/17/71
an inmate at Correct
Central Services
was oral advised of the
1_.Office of that institution
identity of Special Agents of the FBI, and was shown an 1 credentialcard by these Agents. q further advised of thepurpose of the investigation eing conducted.
_advised that he was an inmate housed in "Y"
Wing of the institution in January, l970, when CorrectionalOfficer HILLS was killed in that wing. However, he was not
in the wing at the time the murder occurred, because he wason a work assignment. He informed that he has no personalknowledge of the murder, and his only knowledge comes fromwhat he has read in the paper and talk he has heard from
the other inmates. '
He stated that sometime after the murder of HILLS,prison officials circulated a form among the inmates of "Y"Wing, informing that the attorneys for defendants in the
MILLS murder case desired to interview "Y" Wing inmates.This form indicated that each inmate should make his choice
as to whether he wanted to be interviewed or did not want
to be irlerviewed. Q that he marked this formb92O/ indicating he did not want to be interviewed, because hepersonally felt that his becoming involved would conflictwith his parole board date. He explained tat this waspurely a personal feeling, but he knew that this murder
case would be a contriversial thing, and he didn't want
to take any chances that his becoming involved would re-
flect unfavorably on him getting a parole.
He stated um; he didn't know if the Parole
Board would have even bothered to consider this aspect,
but he didn't want to take a chance. He went on to sayional
b"°.,_|Sih 23 Dare Jicfufcd
This document contain: neither recommendations nor toncIusi0l's of the FBI. I9 is the property of the FBI and In loaned to your agency:
It and In content: are not 70 be dlulrlbuhd outside your agency.Ehat he signed the questionnaire form of His own free will
2/l2/71 ,, Soledad, California Fm; SF 44-1868
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and choice, and nobody suggested, threatened or implied whichway he should sign the form. He stated that at no time did
he feel his answer on the form would bring about reprisalfrom the prison officials if he should ut down a choiceunfavorable to the prison. that he knowsa lot of other inmates chec o f on this form thatthey did not want to be interviewed. He knows of no instance
where an inmate gave this answer because he was afraid of
the prison official.
24
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_, yFD-302 REV. 3-17-69] 2;
FEDERAL aunsnu or mvesnsmou
Dd, 2/17/71
at Law was con ted ated -510
Bureauhis place of business,
Salinas , California.
identified themselvesof Investigation, verbally and through display of officialcredential cards. Furt.her,was advised of the purpose
of the investigation by the Agents.
advised that he was aware that a civil actionwas filed !n Un!ted States District Court through the office of B if 1 . F rth n are Attorney_ erkeley, Cal orn a u er, e was aw 0that this act on was to be a com aint on behalf of plaintiffs; GEORGE LESTER JACKSON,' naming certain California State Officials an Monterey CountyOfficials as responsibles in denying the plaintiffs certain
rights and privileges.
advised that he is embarrassed due to the
fact he has no personal knowledge of the context of the complaint,
but is not ashamed that his name is a part of thecomplaint. Headvised that he was to have received a copy of the complaint from- but failed to pick this up at her office last week.~ a vised that he had no part in drafting the complaint,as this was done through the office of H He wasconsulted? to the feas bility o iling the 6/0action, an e consented, even though he did not know whatexactly would be alleged in the complaint. Basically, the com-plaint was to contain allegations which had come to the attention
tllreuqh interviews these
A torneys had with nmates at the Correctional Training Facility.He reiterated that he had very limited personal knowledge of theallegations made in the action his information has come from his
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ll and lls cement: are not lo be cllnrlbuiod oulsldo your agency.
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FEDERALBUREAUOFlNVE§HGAUON
2/17/71Dots
was interviewed
at the The interviewing Agents b1c,
identified themselves by showing their Federal Bureau of
Investigation FBI! credentials. The urpose of the interview
was explained to SA
stated that he is and was born
at Detroit, Michigan. stated that heis incarcerated in s California Sate Prison due to a conviction 76
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He added thathe isjserving a sentence of six months to ten years p
im risonment. that prior to being transferred to the_ he was incarcerated in
the YWing of the State Prison in Soledad, California.
stated that he was placed in the Soledad Prison in July, 1968.
-further advised that he was incarcerated in the »
Y-Wing at the Soladad facility in January, 1970. He advised that
at that time one of the correctional officers, a JOHN MILLS, was .
slain by inmates who were incarcerated in the Y-Wing. _ 2recalled that immediately after MILLS was slain all inmates wereb7a';
locked in their cells as a security measure for approximately a 1
. month*~and s half» -also advised that he recalled that in i
approximately March or early April, 1970, a form was distributed
to all inmates of the Y-Wing. This form requested the inmates
to answer either yes or no as to their desires of being inter- g
viewed by the attorneys representing the persons accused of 3
slaying MILLS. that he answered "no" that he did
not desire to be interviewed in connection with this matter.
_ that he talked to several of the other inmates and
the majority of them told him that they also indicated that they
did not desire to be interviewed concerning the slaying of the
correctional officer. '
_ however, that approximately two weeks =
after the form was distributed to the inmates of the Y-Wing,- §they were told by the prison officials that they had to talk tob7 L
y the attorneys who were representing the accused. _
have to discuss the matter with the attorneys, however, did have to »
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FAG I rmd J Dole dictated 2 /1 7 I 7 1
This document contains neither recommendations not conclusions of the FBI. It is the property of the FIBI end is loaned to your agency: '
It end its contents ore not to be distributed outslde your egeney. 2 6 - _., -
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they desired to discuss the matter.
-stated that' he was in
attorney who identified himself as
indicated that he was the attorney for
to howed him photographs oa and advised him that these were the persons _
who had been accused of murdering JOHN MILLS. stated that 6up to this time.he was not aware as to which persons had been b7
indicted for slaying MILLS._added that also showed
him photographs of other individuals who were inmates in the
Y*.-Jing and who thought might possibly be potential wit-
nesses for his client.-stated that'he informed that
he would discuss with him what he had personally observed, however,
he did not desire to talk, about any of the other inmates. _
advised that had a tape recorder there during the periodof the interview and recorded the interview. ised that
th interview with was com leted asked him after - e P .
to talk to another attorney who was in an adjoining room and who
was the attorney for GEORGE JACKSON. This attorney was-ed first by an
This attorney
According
GE JACKSON,
that he was then interviewed by-_who wished to question him concerning his observations
in connection th the slaying of the correctional officer,
ed that noon the completion of the interview
asked him if he would be willing to testify
for her cl ent, caoncr JACKSON. that he told her that
he did not desire to testify as long as he was a prisoner at
Soledad.
_that he did not know any of the defen-
dants personally, however, did know them by sight. _ 0:that none of the prison officials made any threats or promises ézjg
to him in connection with the above interviews. The only require- :
ment made by the Soledad prison officials was that he advise the
above attorneys whether or not he desired to be interviewed by 1
them. further that in tember 19 was trans-
ferred to the ere hg 1
was Permitted 0 go out on a work n connection
with this work furlough program,
1 E report in each ni ht at wo kCalifornia. hur ou h rogram.
the
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Officer MILLS. _
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OPCA-20 2-3-96! /i _
XXXXXX
FEDERAL BUREAU OF INVESTIGATION
FOIPA
DELETED PAGE INFORMATION SHEET
[L Page s! withheld entirely at this location in the le. One or more of the following statements, where indicated,
explain this deletion.
El Deletions were made pursuant to the exemptions indicated
release to you.
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to the releasability of this information following our consultation with the other agency ies!.
Page s! withheld inasmuch as a nal release determination has not been made. You will be advised as to the
disposition at a later date.
Page s! withheld for the following reason s!:Pages were not considered for release as they are duplicative of
M The following number is to be used for reference regarding these pages:
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K~ " J;~§7 Berke1=y. California 91705
Jv .1 L J. , 3/33! -
J '/ am was unxwzn DTATES
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LSSTEF .Acxson, FEEETA - Aosoaes _~ vaumso, and JOH WESLEY uLvT¢HETT§.
EVELLE £UUNGEh, kttorney General,State of Califu:nia; H235? E. KERR
" Chairman, Ca1ifo:nia Adult Authori
?92n[u'.;.'uD -~~ .&..-'.:~.'1._L..-92, _ "
California Deparnnent of Ccrreazic
a - ;
Monterey, California,
' H Defendans.I C Plaintiffs:
"v. d;¬¬;i? Action
5 !lf9292 Yr T"Vjf92fI?92?'f;'t92 3.; ra star }_> r._._ -4' ns; I I
no NILLIAM CURLlS, Dis5rict~A:torne§i' I
_ OURT
FOR THE NORTHERN DISTRICT 0? CALIFORNIA
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ROBERT REGLI
2¢05 Telegraph bvenue _
E #153 84>-4123
Of Counsel
ROBERT BARTELS2025 California Avenue -
Mountain View lifornia
<u15!_96u-714
Of Counsel
sasznon OTIS
281% KelseyBerkeley, California 95055
#15! 5na»_s2os
_ Of Counsel _
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»JOHN THOENE
E10 N. Third Street
San Jose, California
= o6! 28¢-121;
and
FAY STENBER
2905-Telegraph Aveaue
Berkeloy. faI :rn1a
£15! 845- - -94705
Attorneys for Plaintiff
George L. Jackson
_ -92
FLOYD SILLIKAN
130 N. Gabilan
Salinas, Califcrnia
03! 323-G051
Attorney for Plaintiff
John w- Ciuohéte
RICHARD H. SILVER
P. 0. Drawer 3995
Carmel, California
#03! 52k-1202
Atcoraay for Plain
Fleeta Orumgo
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- IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
- "§11""°»"'rcsoncs LESTER J.-zczcsorz, FLEETA V ' 5 _ 4,3,
nnzmco, and JOHN wzstny ctumjcwrrp, U
'. Plaintiffs, _
Civil Action - v. -
EVELLE YOUNGER, Attorney General,
State of California; HENRY W. KERR,
Chairman, California Adult Authority; _
RAYMOND K. PHOCUNIER, Director, .
California Department of Corrections;
and WILLIAM CURTIS, District Attorney,
Monterey County, California,' nb.
Defendants.
COMPLAINT
Now come plaintiffs, bgrané through their attorneys,
and complaining against defendants,_say: -
' A 1
The Jurisdiction of this Court'is based upon the
Constitution of the United States of America, including,
but not limited to Amendments One, Five, Six, Eight, Nine,
Thirteen, Fourteen, and Fifteen; and the Statutes of the
United States of America, including, but not limited to
B2 U.S.C. Sections 1983, 1985; 28 U.S.C. Sections 1353, 2201,
- Z202. '
. 2 _ _
The amount in controversy, exclusive of interest
and costs, exceeds $10,000. _ ,_, _
=0 '929292 Plaintiff, George Lester Jackson, is a 29 year old_ 7 " 4 -;_a~:_~-rd: ': ". v_1__.
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Black citizen of the United States of America who is and for
the past ten years has been confined in prison by the State
of California for a term of one year to life.
- ~" ' . 11 .Plaintiff, Fleets Drumgo, is a 23_year old Black
citizen of,thé United States of America who is and who has
been confined in prison by the State of California to serve
a term of six months to fifteen years. "
. 2 M ,.- -
Plaintiff; John w, Clutchette is a 27 yea:-old
' _ ,_,__-as ¢-Black citizen of the United States of America who is and who
has been confined in prison by the State of California to
serve a term of six months to fifteen years. - '
; 6--
Defendant, Evelle Younger is the Attorney General
of the State of California, and he is the successor in office
to the Attorney General of the State.of California during
some of the times the acts complained of herein were committe
the Attorney General of the State of California is the chief
law enforcement officer of the State whose duties include
investigation and prosecution of crimes committed within the
State; it is his duty under the Constitution of the United
States of America, not to convict, but to see that Justice
is done. ' -
~ - 'L
Defendant, Henry W. Kerr, is Chairman of the Adult
Authority for the State of California; his duties include
but are not limited to the holding of hearings for the
parole of persons committed to prison by and in the State
of California, in order to determine whether such persons
shall be admitted to parole from their sentences to prison.
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- . Defendant, Raymond K. Procunier, is the Director
of the California Department of Corrections; his duties
include but are not limited to the control, custody, and
I
3 maintenance of prison inmates and facilities for and in
i the State of California. * -
"1 t~
Defendant, William Curtis, is the District
Attorney for the County of Monterey, State of
his duties include but are not limited to the' California;
' investigation
and prosecution of crime committed within the County of -
Monterey.10 - '
- At all times mentioned herein the acts and conduct
of defendants complained of were and are being committed by
defendants, their agents, servants, or employees with the
express or implied knowledge or consent of defendants; and
at all times mentioned herein the acts of defendants, their
agents, servants or employees were committed while acting
under color of State Law. Hereinafter, the term "defendants"
shall-be used to mean the defendants, their agents, servants,
or employees. -
ll
Plaintiffs are each charged in a single State
Court Indictment, the same being CR-ZRQS, originating in the
- Superior Court for the County of Monterey, State of Californi
and nhich is now pending as a result of.an order granting
_ plaintiffs change of venue, in the Superior Court for the
City and County of San Francisco, State of California.
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. ' It is charged in said Indictment that plaintiff
George L. Jackson, on January 16, 1970 did violate Section
N500 of the Penal Code of the State of California by commit-
ting, while serving a life sentence in a state prison, an~
assault upon one John VL Mills, and_that as a result of said
assault, John V. Mills died; it is charged in said Indictment
that plaintiff Fleeta Drumgo and plaintiff John W. ¢1§t°3§§§§
on January 16, 1970 did violate Section U501 of the Penal. '
Code of the State of California by committin, while confined
in a California State correctional facility, an assault upon
one John V. Mills by means of force likely to produce bodily
injury; it is further charged in said Indictment that plain-
tiffs did violate Section 187 of the Penal Code of the State
of California, by murdering one John V. Mi1ls_cn January 16,
1910. ' _ ,
. ll --
A trial date has not been set on the charges
contained in the above described Indictment, but it is likely
that the setting of a trial date is imminent; plaintiffs and
their_attorneys in said State Court proceedings have been _
and they are, within the confines of the constitutional
deprivations described below, investigating and trying to
prepare for the trial of the charges pending against the
plaintiffs. 9 92 - ' ' .
A in
For a long time prior to January 16, 1970,
defendants, their predecessors in office, have engaged in a
course or conduct separately and together, which was and
which is intentionally and deliberately calculated to deny
to persons incarcerated r prison facilities of the State
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of California rights guaranteed to such persons by the ,
Constitution of the United States of America; the history
of the most shocking, horrendous, and flagrant constitutional
1 violations as well as the ignoring of and disregard for human
. rights and decency by the P§iF¥¢a?§ - in .5. ;inc,:_;L,
has required Federal Court intervention in the past, has
' required legislative investigations, and has earned for the
State of California a reputation of the Lost scandalous
nature in the field of penal correction; the discriminatory,
oppressive, and unconstitutional pattern of tonduct by the
persons referred to within this paragraph continues up to
, the present time, and unless the relief asked for herein is1 _ ._ granted, it shall continue into the future, to the irreparable
harm of plaintiffs.
- - 2-2
,- '' f From almost the moment of the death of John Y.
Mills, defendants have engaged and are continuing to engage,v-**""'* .
in a systematic pattern of conduct, separately and together,
which is calculated to and which does depriye the plainti
of rights, privileges and immunities secured by the Constitu- tion and laws cf the United States of America, and in parti '
1 cular said conduct deprives plaintiffs, in the criminal case_ ,' . |pending against them, of the effective assistance of counsel,
the right to confront witnesses against them and obtain 92> 92 '
witnesses in their behalf, {air trial, due process of law,_ ' 'Z_i_I- equal protection of lag, and freedcm from bonds of slavery;V A _unless the relief requested herein is granted, plaintiffs
shall irreparably suffer loss and destruction of these rights,
1 privileges and immunities referred to herein.
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. The systematic pattern of conduct complained of
herein and committed by defendants, includes but is not_
1 , -limited to the following: '
e From the moment John V. hills was found dying on
January 16, 1970, approximately 165 inmates of the California
1 Training Facility where Mills worked as a guard and where
he redeived his injuries; were subjected to humiliating and
- badgering interrogation without the benefit of advice by
counsel, family, or friends; such conduct by defendants
é continued for approximately one full week, during which
time plaintiffs were placed in isolation and they were
I charged in the Indictment as is hereinabove set forth.
_ 16b _ _ -
- _ Several alleged and prospective witnesses for the
prosecution against the plaintiff§;have been and are recei-
ving special and favored treatment, and they have been pro-
mised special ari favored treatment by defendants if they
offer testimony against the plaintiffs at their trial.
, Plaintiffs and their counsel have sought to
question and interview persons who were at the Correctional"'
Training Facility at Soledad at the time of the death of
John V. Mills; their efforts were early met by refusals by
defendants to allow them to do so and later by difficulties
hereinafter described; by transferring prospective witnesses
to facilities scattered throughout the State of California,
and by threats and intimidation of such prospective witnesses.
When plaintiffs obtained a court order to interview said
inmates, defendants ordered, encouraged or permitted a form"
i 6 _
as by
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letter, a copy of which is attached hereto and is marked
"Exhibit A the effect of which procedure was a further
designed intimidation of prospective witnesses for ¬he_
plaintiffs. . i "I '
- .12
" Ninety percent of the inmates to whom the form
referred to in the preceding paragraph was submitted,
because of fear for their personal safety at the hands of _
defendants, and because of fear of the possibility of having
their paroles denied because of known and threatened repri-
sals by defendants, refused to indicate a willingness to be
interviewed by counsel for plaintiffs; counsel for plain-
tiffs, nevertheless, pursued their duty to interview such '
inmates, and of some R0 such inmates interviewed, 38 gave'
information to counsel for plaintiffs which is relevant for
plaintiffs defense; during such interviews counsel for
plaintiffs were told that inmates did not want to sign the
form submitted by prison officials because they were afraid
that if they did so, their chances for parole would be ended,
and that they were in fear for their safety and lives; some
of the inmates so interviewed reported that they have been
kept in maximum security facilities since the death of John
V. Mills, without disciplinary charges having been brought
against them; several inmates who possess information which
is relevant and helpful for the
been told by defendants that ifdefense of plaintiffs, have
they offer helpful informa-
tion to the plaintiffs or their counsel,_they the inmates!
will not leave prison alive; as one inmate wrote to counsel
for one of the plaintiffs, ' '
I was in Y wing in Soledad when officer
Mills died and I know some things that are
helpful... One of the reasons why I did
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not come forward sooner was because I
' was scared what the officials here might
. do to me... There is guys here who wants_to help but like me they are scared.... ,
- _ 16¢ ' ' ' _
One Y wing inmate appeared for a parole hearing
before the Adult Authority in-July, 1970; he was asked at
the hearing whether he was going to be a witness for the
plaintiffs, and he was questioned about what his testimony
would he; when he questioned the-Adult Authority about the
relevancy of their inquiries to his right to parole, he was
told to shut up and to leave the room; his parole was not
granted, and he is now confined to X wing at the Soledad
Training Facility without privileges because he may be a
witness for the plaintiffs. ' fv
16f '
An inmate who is believed by defendants to be' ¢
giving relevant and helpful information to counsel for
plaintiffs for the defense of plaintiffs, is named Thomas
i:_§eneweathe£3in July, 1970, two-inmates were called from
their cells by defendants where they were offered favored
treatment paroles within a year if the inmates would kill
Meneweather. .
- - , A165 t
An inmate who has knowledge of some events sur-
rounding the criminal_charges against plaintiffs, was
informed by defendants that it would be-wise for him_to
forget what he knows about those events;.he was transferred
to Folsom Prison and it was intimated to him that if he did
not forget about those events, he might be killed by prison
guards in the gun towers, all of whom were given his photo-
graph; he was transferred from Folsom Priscn only after he
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"obtained intervention by a United States Senator; he is still
fearful for his life and he knows that other inmates have
- the same fears. ' " '
_ _ An
atinmate who was in the Scledad Training Facility
the time of the death of John V. Mills, has been confined
in maximum security since danuary 16, l970; since that date
. he
been told by
a was found at
the forgoing
alleged palmhas been visited on many occasions by defendants; he had
them that a bloody palm print belonging to him
the site where Mills died; the persons who told
to him know or should know, that in fact the
print does not belong to the inmate; the same
inmate has been told by defendants, that he would be treated
well if he cooperated with defendants by offering testimony
against plaintiffs; the inmate so feared for his safety that
.-
he wrote to a California State Senator for help; an agent
of defendants visited the inmate in response to the letter,
and he informed the inmate that he would never be released
from maximum security unless and until he offered testimony
against plaintiffs; the inmate is in fear for his life, and
in May, 1970, he was given contaminated food or poison was
placed in his food; he knows of other inmates who fear for
their lives if they offer testimony for plaintiffs or if
- they fail to
inmate was visited by defendants;
he was asked_ 92 Shortly after the deathoffer testimony against plaintiffs.
' 161
of John V. Mills, an
he was.treated nicely and
whether he would like to visit his f,iénd;¢1ain
tiff George L. Jackson. when he said that he would, he was
taken for a visit to Jackson. After the visit he was
threatened and intimidated by defendants, at which time he '
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was promised a parole if he would falsely teskify that inhis visit with Jackson, Jackson admitted that he and the _other plaintiffs killed John V. the inmate was told
that if he did not so testify, the inmate would never beparoled; when the inmate refused to offer such false testi-mony, he was told that he would pay for his stubborness..' ' D .2'_§-J- ' ' _ ;-"
- An inmate, prior to January, 1970, observed defen-
dants physically abuse another inmate; when this incidentwas reported, the inmate was told'that if he released suchinformation publicly again defendants would set him up to
be killed in prison; the same inmate was visited by defen-_ dants shortly after the death of John V. Mills; he was told
that if he had information favorable for the plaintiffs, hewould not have to testify to it, and he was told that it
would be only contempt of court if he refused to testify;the plain and clear meaning of the conversation was thesuggestion that the inmate refrain from offering truthfultestimony if called as a witness for the plaintiffs; shortlyafter the conversation Just referred to, false informationwas circulated in the prison that the inmate was going to
testify for the prosectuion against the plaintiffs in anobvious effort by defendants to cause harm to the inmatewithin the prison. '
16k-1-Attached hereto and made a part hereof are letterssent to potential witness-inmates in an attempt to offerlegal protection to said inmates; some of the replies to
such letters are: '
I have a tentative release date of December7, 1970. As of December 7, I will be starting
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my life again from scratch. It means that
if I work like a dog for a few years, I might
- -- have a wardrobe, transportation, and a place
to stay If you subpoena me, not only will- I probably lose my Job, but in my opinion
certainly won't be at all conducive to my
-parole... when I am released, I will haveIt
the
$68.00 they give me and a desire to stay out.
Please don't cause me any unnecessaryharassment. - v
It isn't in my nature to be nice to someone
trying to get me killed. You people talking
about protection, whom do you think you could
__ protect? Certainly no inmate. y
' _ 4 - -:_ I
There are many other inmates who were present at
the Soledad Training Facility who possess information help-
ful and necessary to the defense of the plaintiffs. The
acts and conduct of the defendants have so intimidated them
that they fear for their lives or for their chances
parole if they give testimony for the plaintiffs at
trial of the cause referred to herein.
. , ' ll l
In an effort to obtain truthful testimony
plaintiffs, and to afford some protection to inmate
counsel for plaintiffs appealed to the State Ear of
attached hereto and made a part hereof are Exhibits
which represent the correspondence referred to; theof
the .
W
for the
witnesses,
California;
D and E
State
Bar of California indicated its refusal to assist in the
protection of witnesses in any way as appears more particu-
larly from said Exhibits.
- . V. lg _ A
Because of the acts and conduct of defendants as
above described, testimony on behalf of plaintiffs may be
or is forever lost; testimony which may be available is
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likely to be lost by the threats and intimidation, refusal -
of-parole, and possibly murder by defendants, and those A
' _ acting in concert with them to deprive plaintiffs of the .
rights herein referred to and involved. A
4 ! _ _ . 19 .' - _-_ ~
Plaintiffs have no other adequate remedy.
_ rA_ _ Attached hereto and made a part hereof are the ,
' Affidavits of Fay Stender, Jennie Rhine, Anthony Reyes, .
Clarence Morgan, Hugo Pinell, Gary Francisco, James Tsouras,
and Charles P. Bryant.
WHEREFORE , plaintiffs ask: '
A
- That defendants Evelle Younger, William Curtis,
their agents, servants and employees be enjoined during the1
, I
pendancy of this cause and upon final Judgment hereof, from
' proceeding in any manner whatsoever against plaintiffs
- George L. Jackson, Fleeta Drumgo, and John W.C1 t°hett°_
for the death of John V. Mills; or, in the alternative,
_. __ V E
". . That during the pendancy of this cause and upon
final Judgment hereof, defendants, their agents, servants
and employees, be enjoined from harassing, intimidating,
threatening, or coercing in any manner whatsoever, especially
- physically abusing or causing to be physically abused, im-
92 properly disciplining or causing to be improperly disciplined,
refusing to hold open and fair parole hearing, and refusing
to grant parole, to any person whatsoever who does or who
defendants, their agents, servants, or employees believe do
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possess any knowledge whatsoever of facts and circumstances
surrounding the death of John V. Mills; and
'.'.._- ' ~ Q : J I .
1. -That defendant Adult Authority forthwith hold a '
parole hearing for any inmate denied a hearing subsequent
to January l6, 1970, and for any inmate denied parole subse-
quent to January 15, 1970; and that at such hearing such '
inmate be afforded the right to counsel, appointed or pri-
_vately retained; and that this Court appoint an appropriate
number of official observers to appear at suth parole hearings
as are held to observe and to report to the Court, so as to
insure that no inmate is denied parole because of any testi-
mony he has offered or which he may offer for the plaintiffs,
and to insure that no inmate be denied parole directly or
indirectly because of any unwillingness or inability to offer
testimony against the plaintiffs; and
D -
' That all inmates of any California prison facility
who do or who may have knowledge or information concerning
the death of John V. Mills be placed forthwith in the custody
of the United States Marshall or the Attorney General of the
United 4 -: - 1- ~- , :1; »:
States of America, to be placed in an appropriate and conve-
nient Federal institution until after such time as such
inmates have testified in the cause pending against plaintiffs,
- or until a Judicial determination has been made that such
inmate need not testify in any cause relating to the death
of John V. Mills; and '
. E »
- ' That this Court appoint appropriate agents in
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sufficient numbers to be assigned to each and every
California prison facility at which there is any inmate who
does or who may have knowledge of the facts and circum-
stances of the death_of John V. Mills; and that such agents
of the Court be directed specifically to insure and protect
that the aforementioned relief is carried out by defendants,
their agents, servants or employees; and '
_ _ _ _ E V ..
I. H - That a copy of this Order be given to_each and
every resident of Y wing on January 16, 1970, and served
through the parole agent of those on parole, and every inmate
of a California prison facility who does or who may have
knowledge of the facts and circumstances surrounding the
death of John V. Mills; and *
2
That an Order to Show Cause be issued directed to
each of the defendants, their agents, servants, or employees,
to show cause on the day of , 1971, at
' , before this Court, if they have any why the
relief above should not be granted during the pendency of
this cause. '
E .
That this Court grant such other and further relief
as 1: may deem to be fair and Just. A
DATED: January , 1971. _
~ Respectfully submitted,
I¬;§:;r 5§&5:q94§21 _Fay S;ender'. 2905 elegraph Avenue
T Berkeley, California
115! s45-$123
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. A I! . YI . zn !0 92_»
Joan THORNE _
. 510 N. Third Street
San Jose, California
H08! 286l2l2
~ Attorneys for Plaintiff
George L. Jackson .u e
I -
_ YLOYD SILLIMAN
.' 130 W. Gabilan
.Salinas, California
' ROB! 424-0061
_ 'Attorney for Plaintiff. _ - Jqhn W, Clutchette
RICHARD M. SILVER
P. O. Drawer 3996
Carmel, California H08! 62h-1202 p ' _
Attorney for Plaintiff
Fleeta Drumgo ..
Roasaw REGLi
, 2905 Telegraph Avenue
Berkeley. Ca1ifornia947°5
ih15! 845-4123
Of Counsel .
- ROBERT BARTELS
2025 California Avenue
~ Mountain View, California
_ 15! 96¢-7157
Of Counsel
SHELDON OTIS
'28lh KelseyBerkeley, Celifornia 94705
15! 5q3_§20§
- Of Counsel
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. AFFADAVIT OF ANTHONY REYES
STATE OF CALIFORNIA !! ss.
COUNTY OF MARIN ! ,
I _1_for another inmate or guard to killrme;ANTHONY REYES, being first duly sworn, deposes and says;
_' That I am an inmate presently confined at San Quentin
State Prison; that I was transferred to San Quentin in September,
I969 from Soledad Correctional Training Facility; '
That in early 1969 at Soledad I observed Captain Moody
hwatch two correctional officers beat a handcuffed prisoner for
approximately ten minutes before telling them to stop in X wing";
* That in August, 1969, I sent an unauthorized letter
from Soledad which was intercepted by the officials. Captain
JMoody came to see me, cussed me out, and said that I had made him
.Afset me up. In prison jargon, this means that he would arrangelook bad." He then stated that if it happened again, he would
F . That in the early part of October, l97O, I was visited
by Captain Moody and District Attorney Roderiguez at San Quentin;
rthey asked me some questions about the day that a prison guard was
killed at Soledad; they asked me whether or not I would testify forthe defense, and when I replied that I guess I would have to if I
as subpoenaed by the defense, District Attorney Rodriquez said,
FWell, it's only contempt of court if you don't testify, why not ju
say to hell with a subpoena. Within about three days after that
iv isit something strange started to happen at San.Quentin. I notic
|that a lot of black inmates had gotten word that I was going to
rtestify for the prosecution, and I was informed that the claim of
y testifying had been related to the inmates by a custodian; itI:as clear to me from what was happening that the authorities were
trying to get me killed; later in the month in October, Captain
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~ n crneu Ir92NCI< l HILLmuunnu nun:.l:v1 CAI-II. I-llU3I! .4I¢lIJ
J; :..:- __._--to me, and he denied it.
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nldoody visited me again;-iI asked him point blank about the threat
4:TL2T?Fi?10:<1' -nzfeslsi 1'
Subscribed and sworn to before me this.3" th day 0 '
92 I ' K Kl!-/;T/J
I My lnmminion unlnq 00, 9, 1973
-2,Notary Pi.1b]:}c.1' 1
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_- TATE Q? CLUFOBNIAr * KENNETH R. BEGNALNOIAIY IUHIC-.1 COUNTY OF MAilN
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arrxonvzw or FAY srzunan
STATE OF CALIFORNIA ! .
. ! S5. '
COUNTY OF ALAMEDA ! ; _
FAY STENDER, being first duly sworn, deposes and says:
' I am one of the attorneys of record for George L.
Jackson, a defendant in the case of ' ' v et al California . Jackson .
In this capacity I have received several letters from inmates of
Soledad Correctional Training Facility which were mailed from
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mno inmate could be singled out by the prison authorities, nor
statement be re-
in-the importance or relevance of said inmate's
vealed to the authorities by the order in which the defense
terviewed the inmates, the prison authorities required each
. t Linmate to sign a form stating whether or not he wished to lk to» a 92
the defense, and whether or not he wished a mber of the prison
staff present. Fully ninety percent of theG
inmates refused to
state on the form that they wished to talk to the defense
' rvattorneys! However, upon insisting upon the right CO inte iew
all of the inmates, all but two inmates of some forty interviewed,' .
have given affiant statements containing relevant and material
information. Many inmates stated to affiant that they were
afraid for their parole chances and some stated they feared
their lives, if they even signed the forms distributed byfor
_ the
prison authorities. A high proportion of the ten percent of the
inmates who stated they did wish to see the defense attorneys i
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have been maintained in maximum security status from January l6
to the present time, many without either disciplinary charges or
any charge preferred by the district attorney. One such inmate,
with such an excellent prison record that the Adult Authority
recently gave him a parole date of December 7, l970, remains in
maximum security status, although no disciplinary or other
charges have been brought against him. Several inmates have told
me that they have been explicitly told that they will not leave
the institution alive.
Affiant recently received a letter from a Chicano
inmate stating: - '
I was in Y wing in Soledad when Officer Mills diedand I know some things you must know that will helpJackson and the others....0ne of the reasons why Ididn't come forward sooner was because I was scaredwhat the officials here might do to me. But I have
been mistreated enough and in my opinion they found' out I knew,something so they are shipping me out 'and some other things also prevented me from gettingup the nerve to write to you. This is the third
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letter I have written but the other two I chiekened
out. There is guys here who wants to help but likeme they are scared but they so much wants to help.
I of course have to sneak this letter out of prison
here at Solead for you to get it so I would appre-ciate it if you don't mention it unless necessary."
The.letters of some of the most frightened of these
inmates will be available to the Court, or, excerpts, with the
names deleted therefrom, bill be made available to the Attorney
General, upon the hearing of the motions herein. ' _
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6; Q/to r - _ I-_ _ <_/ o
.,1 YAYSTENDER .
Subscribed and sworn to before me '
this 7th day of December, 1970 ,
1,"=,/' _, :"4}:<. e-~~/H -4; _%Z/-'--*-JJEA}! S. ROSS, Notary Public,
in and for said County and State
___ orrrzm $511
g¢§§~ JEAN S.ROSSQ;-.;;}= noun .==.u¬¬4m-ecma _~:¢- *- iizntwu crncs IN 1Au»-2'.-s couervMY Cbmsm Elgar: Sepren-.51-1 27. W74 "'_ r
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