--- begin forwarded text X-Sender: evian@escape.com Mime-Version: 1.0 Date: Thu, 4 Sep 1997 16:56:25 -0400 Reply-To: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> Sender: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: Evian Sim <evian@ESCAPE.COM> Subject: High Profile Detainee Seeks Legal Help To: CYBERIA-L@LISTSERV.AOL.COM 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 --- end forwarded text ----------------- Robert Hettinga (rah@shipwright.com), Philodox e$, 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' The e$ Home Page: http://www.shipwright.com/