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High Profile Detainee Seeks Legal Help
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Date: Thu, 4 Sep 1997 16:56:25 -0400
Reply-To: Law & Policy of Computer Communications
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Sender: Law & Policy of Computer Communications
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From: Evian Sim <[email protected]>
Subject: High Profile Detainee Seeks Legal Help
To: [email protected]
September 3, 1997
Mr. Kevin Mitnick has been detained in Federal custody without bail on
computer "hacking" allegations for over thirty months. Having no financial
resources, Mr. Mitnick has been appointed counsel from the Federal Indigent
Defense Panel. As such, Mr. Mitnick's representation is limited; his
attorney is not permitted to assist with civil actions, such as filing a
Writ of Habeas Corpus.
For the past two years, Mr. Mitnick has attempted to assist in his own
defense by conducting legal research in the inmate law library at the
Metropolitan Detention Center (hereinafter "MDC") in Los Angeles,
California. Mr. Mitnick's research includes reviewing court decisions for
similar factual circumstances which have occurred in his case. MDC prison
officials have been consistently hampering Mr. Mitnick's efforts by denying
him reasonable access to law library materials. Earlier this year, Mr.
Mitnick's lawyer submitted a formal request to Mr. Wayne Siefert, MDC
Warden, seeking permission to allow his client access to the law library on
the days set aside for inmates needing extra law library time. The Warden
refused.
In August 1995, Mr. Mitnick filed an administrative remedy request with the
Bureau of Prisons complaining that MDC policy in connection with inmate
access to law library materials does not comply with Federal rules and
regulations. Specifically, the Warden established a policy for MDC inmates
that detracts from Bureau of Prison's policy codified in the Code of
Federal Regulations.
Briefly, Federal law requires the Warden to grant additional law library
time to an inmate who has an "imminent court deadline". The MDC's policy
circumvents this law by erroneously interpreting the phrase "imminent court
deadline" to include other factors, such as, whether an inmate exercises
his right to assistance of counsel, or the type of imminent court deadline.
For example, MDC policy does not consider detention (bail), motion, status
conference, or sentencing hearings as imminent court deadlines for
represented inmates. MDC officials use this policy as a tool to subject
inmates to arbitrary and capricious treatment. It appears MDC policy in
connection with inmate legal activities is inconsistent with Federal law
and thereby affects the substantial rights of detainees which involve
substantial liberty interests.
In June 1997, Mr. Mitnick finally exhausted administrative remedies with
the Bureau of Prisons. Mr. Mitnick's only avenue of vindication is to seek
judicial review in a Court of Law. Mr. Mitnick wishes to file a Writ of
Habeas Corpus challenging his conditions of detention, and a motion to
compel Federal authorities to follow their own rules and regulations.
Mr. Mitnick is hoping to find someone with legal experience, such as an
attorney or a law student willing to donate some time to this cause to
insure fair treatment for everyone, and to allow detainees to effectively
assist in their own defense without "Government" interference. Mr. Mitnick
needs help drafting a Habeas Corpus petition with points and authorities to
be submitted by him pro-se. His objective is to be granted reasonable
access to law library materials to assist in his own defense.
If you would like to help Kevin, please contact him at the following address:
Mr. Kevin Mitnick
Reg. No. 89950-012
P.O. Box 1500
Los Angeles, CA 90053-1500
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Robert Hettinga ([email protected]), Philodox
e$, 44 Farquhar Street, Boston, MA 02131 USA
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