Updated: Eric’s Communication Restricted: Call in to Help!

Update 2/28/2019

Eric has been moved to the Federal Transfer center in Oklahoma. The phone block is still in place. We will update when he is placed at a new prison and what we can do to continue to fight to open the lines of communication with his family.

 

Photo courtesy of the intercept

  • Update 1/25/2019- Communication is significantly delayed. And his wife and team havent received any letters in over a week. It is impossible to know what is happening with Eric right now, although a supporter received a letter indicating as of the 15th he was not hunger striking. What we DO know is Eric still needs your help.The restrictions remain on communication between Eric and his family. He still is not permitted to speak with his children. Assistant Warden Grant told Eric he was blocked because he circumvented the phone system on Dec 1st when he had his mom text his wife what you may ask?? That her number was restricted and he didnt know why. Either Assistant Warden Grant has a time machine or that is not the reason their communication is restricted. He told Eric with a smirk that her number is blocked and staying blocked. SIS tells Eric their communication is restricted because of the call in… the call in… to REMOVE restrictions on his phone.The executive assistant emailed Erics lawyer that the notification happened ON NOVEMBER 20TH so how could a phone call on december 1st and a hunger strike on Jan 1st have caused it? The executive assistant emailed Erics Lawyer that they refuse to remove the block. It was explained to Eric verbally (not policy) and that he understood. If they explained it to him why wont they tell him again? What would that hurt? He also blamed the FBI investigation (dropped before the block) for the restriction.

    The medical staff have notified Eric that because of the hunger strike they are taking him off the list for glass. Despite being on the list for a year at Florence and then 162 days so far with NO glasses at all they will make him start from the beginning. Reading and writing letters is incredibly difficult.

    we ask that folks continue to call into USP Leavenworth and the Regional office and keep your eye out for an upcoming online inspector general complaint blitz

  • Update 1/16/19: On the fourth day of his hunger strike Eric was able to get a five minute call to his wife in exchange for eating dinner on 1/14/19 by negotiating with the prison.  He has been standing strong and is in good spirits.  He has definitely sent the message to the prison that he is backed up by our support on the outside.  He has shown them that he is motivated and that he will see this out.  The lower level administration is desperately trying to find answers for him as to why Leavenworth restricted his communication with his partner.  It was explained to him (as our research showed) that for a prison to restrict a spouse’s communication there is a complicated process that must be followed; we know that this was 100% not done.Yesterday the executive assistant at Leavenworth gave false information saying that Eric was informed on November 20th, 2018 at 12pm (an oddly specific and arbitrary time and date) that the communication restriction was being put in place and why.  This is a blatant lie.  Both Eric and his Lieutenant were shocked by this information because no one else at Leavenworth seems to have this same understanding.  It seems that the warden, the executive assistant and only upper-level staff at Leavenworth have this information and they are doing whatever they can to keep it and cover it up (likely because they know that the proper processes were not followed).  They have gone so far as to ‘lose’ two of the grievances EK filed in the last two months trying to get information.Their time is up.  We are sending (with your help!) an effective message to the prison that we are watching and we are going to make their lives hell until this is fixed.  That Eric is not standing alone in this.  They know now, after negotiating with him and getting him to eat only in exchange for a 5 minute phone call with his wife, that he will continue the hunger strike until the lines of communication are open again.  Eric resumed the hunger strike the next morning.  We need the community to continue to stand strong with Eric and keep making phone calls.  Thank you all for your continued help and support.
  • Update 1/14/19: In addition to calling the north-central regional office it is urgent that calls begin to come into USP Leavenworth. The prison has just made us aware that not only was it a choice made by them to restrict communication but they are blatantly lying saying they made him aware. Not only that they are refusing to provide proof that legal procedures were followed they are refusing to even respond to his grievances that were made TWO MONTHS ago. Leavenworth needs be held accountable for this.Contact USP Leavenworth:913-682-8700
    The executive assistant who lied today would I am sure love to hear from you: 

Eric is still being held at USP Leavenworth after being assaulted by staff at FCI Florence.  He still is being held without charges, disciplinary write-ups, or any disciplinary hearings for more than 140 days. He is still under the jurisdiction of FCI Florence and this month when he tried to call his wife for his one phone call a month he found that their communication was restricted and he was unable to call.  EK remains without an explanation as everyone refuses to provide any information as to why his phone communication has been cut off.

This is incredibly problematic not only for Eric and his family for all political prisoners. If the BOP is able to block communication with Eric despite laws and regulations what is to stop them from restricting communication of other political prisoners from their support and family.

Eric is being held in absolute segregation without even a cellmate at USP Leavenworth and has been now for over 137 days now. This added to his previous time in isolation makes his time served about a year of his total prison time which is very traumatic and triggering. Eric is still dealing with the emotions that have resulted from the incidents that took place in Florence as well as that he has been unable to see his family for over 4 months now. He has missed holidays and birthdays. The day he was attacked was the day following his wife’s surgery for cancer therefore he has missed being able to process subsequent medical problems with her. He is faced with the realization that for the remainder of his sentence he will be far from his wife and kids. The letters and support he has received has been amazing and he is so thankful. While he processes the trauma and grief we ask that you stand with him and continue to show support.

We ask that folks call as often as they can and to as many offices as they can. Take a block of time and call the same number over and over, request difference staff’s voicemail. Get creative but show them that we are watching and ready to protect our friend and comrade.

We got word that Eric was planning on going on a hunger strike beginning yesterday if he didn’t have answers. As there is a prolonged delay in mail right now he may have already began. If this is the case it is so important that we hit the phone lines as hard as possible on Monday.

 

BOP North Central Regional Office
Call: 913-621-3939
Ask for: Director Jeffrey Krueger. If denied ask to speak with his assistant. If denied again, demand the person answering the phone take down a message.Email: NCRO/[email protected]

FCI Florence
Call: 719-784-9100
Ask for: The warden/assistant warden, the legal department, Counselor Quintana, Counselor Rivera. If denied demand the person answering the phone take down a message.

Email: FLF/[email protected]

 

Sample Script:

Hi I am calling about Eric King, #27090045 to demand that his phone restriction be lifted. It is unacceptable to take away a prisoner’s calls to his wife and family without any notice and without him being brought up on any charges. We demand that Eric is provided with proof that proper procedure was followed and that his two month old grievance on the issue is addressed. Restrictions on his communication with his spouse needs to be lifted immediately”

Thank you for all of your help and continued support!
Until all are free.
-EK Support Crew

Below is the BOP and DOJ program statement regarding communication restrictions. This information can be valuable during conversations with the prison.

Excerpt from U.S. Department of Justice Federal Bureau of Prisons P R O G R A M S T A T E M E N T OPI: CPD/CPB NUMBER: 5265.14 DATE: April 5, 2011

7. RESTRICTED GENERAL CORRESPONDENCE § 540.15 Restricted general correspondence. (a) The Warden may place an inmate on restricted general correspondence based on misconduct or as a matter of classification. For this restriction, the term “classification” is used to identify categories of behavior. Determining factors include the inmate’s: P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 11

(1) Involvement in any of the activities listed in § 540.14(d); 28 CFR § 540.14(d) is contained in Section 6.d. of this Program Statement.

(2) Attempting to solicit funds or items (e.g., samples), or subscribing to a publication without paying for the subscription;

(3) Being a security risk;

(4) Threatening a government official; or

(5) Having committed an offense involving the mail.

(b) The Warden may limit to a reasonable number persons on the approved restricted general correspondence list of an inmate. A recommendation to place an inmate on restricted correspondence is made by the unit team during the inmate‟s program review or by the Unit Disciplinary Committee (UDC) or Disciplinary Hearing Officer (DHO), when restricted correspondence is required by an infraction of an institution rule. Action taken by the UDC or DHO as a disciplinary sanction is ordinarily based on a finding of violation of correspondence regulations.

(c) The Warden shall use one of the following procedures before placing an inmate on restricted general correspondence.

(1) Where the restriction will be based upon an incident report (the restriction began prior to ANY incident report), procedures must be followed in accordance with inmate disciplinary regulations (part 541, subpart B of this chapter). Part 541, subpart B, refers to the Program Statement Inmate Discipline and Special Housing Units.

(2) Where there is no incident report, the Warden:

(i) Shall advise the inmate in writing of the reasons the inmate is to be placed on restricted general correspondence;

(ii) Shall give the inmate the opportunity to respond to the classification or change in classification; the inmate has the option to respond orally or to submit written information or both; and P5265.14 4/5/2011 Federal Regulations are shown in this type. Implementing instructions: this type. 12

(iii) Shall notify the inmate of the decision and the reasons, and shall advise the inmate that the inmate may appeal the decision under the Administrative Remedy Procedure.

(d) When an inmate is placed on restricted general correspondence, the inmate may, except as provided in §§ 540.16 and 540.17: 28 §§ CFR 540.16 and 540.17 refer to Sections 8 and 9, respectively, of this Program Statement.

(1) Correspond with the inmate’s spouse, mother, father, children, and siblings, unless the correspondent is involved in an violation of correspondence regulations, or would be a threat to the security or good order of the institution; The word “spouse” includes a common-law relationship which has previously been established in a state which recognizes this status. In states that do not, a common-law relationship is not considered “immediate family.” For determination of applicable state laws, consult the Regional Counsel.

(2) Request other persons also to be placed on the approved correspondence list, subject to investigation, evaluation, and approval by the Warden; with prior approval, the inmate may write to a proposed correspondence to obtain a release authorizing an investigation; and (3) Correspond with former business associates, unless it appears to the Warden that the proposed correspondent would be a threat to the security or good order of the institution, or that the resulting correspondence could reasonably be expected to result in criminal activity. Correspondence with former business associates is limited to social matters. Verification Procedures. Each year it becomes more difficult to obtain information from law enforcement agencies on proposed correspondents. For this reason, staff attempt to secure information from other sources, including the inmate, the proposed correspondent, and the U.S. Probation Officer. Each institution develops its own verification procedures, depending on the sophistication of its inmates and resources for verification. A release from the individual in question may be necessary (for example, under the Privacy Act) to complete the investigation. If a release is needed, the inmate is responsible for obtaining it, and is permitted to write to the correspondent for this purpose.

(e) The Warden may allow an inmate additional correspondence with persons other than those on the inmate’s approved mailing list when the correspondence is shown to be necessary and does not require an addition to the mailing list because it is not of an ongoing nature.

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