As many of you know, my husband has very severe Rheumatoid arthritis, which is very painful! I have regular arthritis and inflammation from a very huge back surgery, and I lived in pain until I got into pain management. If any of you have dealt with this amount of pain, you know it affects your functioning and can even cause severe depression. If you haven’t been there, do not judge!! Pain management gave me back my life! But anyways, they have messed around with Gary’s pain management many, many times. You don’t put somebody on an opiate long-term and then deny them cold-turkey, this could kill a person! This has been done to Gary many, many times! Here is just one of the recent times and the remedy
Category: solitary confinement
Gary called me tonight, and I had been worried about him because I do hear from him on a regular basis. Gary is at Florence High and does get let out of his cell for rec, to use the computer (for legal work and to email through corrlinks but emailing is all he can do), and he stays in contact with me. I haven’t heard from him for a few days. I finally got a call tonight. Over the weekend, he had been beaten by another prisoner (with guards just a few feet away, who did nothing to stop it) until he was unconscious, and then he was tear gassed by the correctional officers while unconscious.
Gary was on the computer, fixing to email me and this other prisoner came up to Gary and told him that it was his turn on the computer. Gary told him that it wasn’t yet his turn. The prisoner then attacked Gary. The prisoner who attacked Gary was 3 times Gary’s size and half his age. It is hard for Gary to defend himself because of his arthritis. The prisoner beat Gary until he was unconscious. When Gary woke up, he realized he had been gassed while being unconscious. This was very inhumane treatment. Tear gas is meant to be used to control situations, not to use on somebody who is already unconscious.
They then put Gary in the hole without medical treatment. When he called me, he was in so much pain and having trouble breathing that he could barely talk. The beating happened on Saturday and he has been in the hole since then with not seeing one doctor. It was Tuesday night when Gary called me.
I have cried since I have gotten off the phone with Gary. Both Gary and myself know where this is going…they have always tried to break Gary, and this isn’t the first time he has been beaten severely. We know they want him dead…but here is a little word for the BOP and DOJ.
You want my husband out of the way because of the truth that he has and the fact he would never roll over or play into your little games. But you know what…when you do kill him..whether it is by medical neglect or having somebody beat him to death, he will become what you don’t want him to become…a martyr.
Yes, Gary will become a martyr once you kill him behind those walls…and you know what that will do? With all the unrest right now, a martyr, especially one who was killed off behind those walls will all that will be needed to ignite that spark that you corrupt people so dread. That will bring unity and strength to what you so hate…it will bring about what you don’t want to happen…Is this what you want? Or would you rather leave Gary alone, stop the abuse, and let him come home, and stay quietly in the background…not saying a word.
It is on you. No matter what happens to Gary, I will keep fighting. I will ALWAYS fight to show the injustice you have done to him. What are you going to do to me? Kill me to or have somebody out of a prison gang come and beat me up? I do not fear you…
I will continue after I’ve had some sleep…it is after 3am, and I am tired and stressed.
I was reading this morning about the Supreme Court trying to decide if they can use social media posts against people. This is already in the works and they are trying to start that via Gary Yarbrough. Do you realize this is the beginning of our restriction of our Freedom of Speech, Freedom of Press, and so many other freedoms…..When are people going to wake up and realize what they are trying to do. They are getting away with it with Gary because only a handful of people are doing anything besides talking.
What is it going to take for people to wake up and realize what is happening? They are not just violating Gary’s constitutional rights, but this will lead to the violation of our constitutional rights. One day it will come to imprisonment for something being posted about a person, when that person didn’t even posted, especially if it is a “person of interest.” Even if it does not come to this, which more than likely it will (almost like being arrested for a “thought crime”), soon they will be able to tell you what words you can or cannot put on the internet or what you can view.
I do realize that a lot of predators utilize the internet; however, parents should watch their children more carefully on the internet. That is what being a parent is all about! It means keeping your kids safe, which includes monitoring what they do on the internet. Additionally, a lot of people vent and joke at the same time, especially on social media, about wanting to “kill my wife/husband.” How many times do married couples say that in a day in person LOL. How many times do parents make joking remarks towards their children, like “I am gonna beat the tar out of you.”? But they would not actually do it, but soon these words will be able to be used against people. This will lead to other doors, which will control our Freedom of Speech even more.
This is already in the process they vacated Gary’s 2014 parole date, which was approved, based on internet posts made on public forums by other people. Gary didn’t even have internet access at Florence ADX. How can he control what people post? He can’t…and he should not be responsible for it. If the DOJ and BOP is allowed to get away with this, pretty soon we will be held accountable for things that people about us on the internet. So much for the freedoms that our forefathers fought for…we are letting them go right out the window while we sit back and do nothing. Once freedoms are gone…well…..
Time to wake up people…..
I started the petition for Gary’s freedom. I know why they don’t want to release Gary..and many people know why they don’t want to release Gary. Let me tell you why, just in case you aren’t sure. In these times of civil unrest, they fear people like Gary, who at one time decided to take a stand. That stand led to an uprising, even though it was through some illegal action (it didn’t start that way, they were pushed to it by the government..they started off very peaceful by handing out flyers and speaking). Gary has stated many times that he is remorseful for his illegal actions and nobody was hurt via Gary’s actions. He had nothing to do with the Berg murder or anything like that. Gary has never condoned violence in any shape or form. The media has painted him as a violent man, and he is FAR from violent. He tries to tell people that violence is not the way.
Gary and myself have assured the BOP time and time again that he just wants to come home and live out a quiet life with his family. For 4 years or more, Gary has cut his communication down to myself (his wife), his family, and to people he grew up with. We have shown them we can live a normal, “quiet” life….but that did no good. They kept accusing him of “association” when he had none, and then even after they played a horrible mind game with him…set him up with a social security card and had him meet with a VA rep, since he qualified for 30 year mandatory release….they then acted like they knew nothing of his mandatory release. So forget this….they want to make him invisible…there never was no intention of letting him come home…hence the mind game of the 2014 parole date and then vacating it and the teasing about the mandatory release. They want to make him invisible, so when he does die in prison (as they intend him to do) he won’t be a martyr. Nice try….it won’t work.
I have made a decision to stand up and fight for my husband. Don’t get me wrong DOJ and BOP…I am not a “racist.” I don’t hate anybody. I work in a field where I have to work with many different types of people. The only thing I want is my freedom of speech, my right to assemble, and the right to protect my culture and heritage….just like other ethnic groups do. Nothing harmful about that. I live a very ordinary life, until you start messing with my husband. I’ve had it…you have abused him, neglected him medically, beaten him, messed with his mind, given him the worst inhumane treatment…do I need to go on. Not to mention the information that my husband has that will prove how corrupt you are. You call Gary Yarbrough a criminal, when you have done way worse acts than he has, DOJ and BOP……let it all come to light!
As long as I am breathing, I will fight for my husband. I let the ball drop 4 years ago because I wanted to show y’all we were going to be quiet and live a normal life….but then the only reason I even came forward 4 years ago was because you broke his constitutional rights by vacating his 2014 parole date based on posts he didn’t even make. But this was done so on a promise of mandatory release, so we figured we had no reason to fight the vacated probation date. BUT YOU LIED! So get used to me…I am not going anywhere. Shut my internet down…I will go to a public WiFi, make my life miserable….it is not like my life has been easy. Gary wouldn’t have married me, if he didn’t know that I was strong enough to take life as his wife. So as long as I am alive, people will know the truth…including the fact that the DOJ and BOP has committed worse crimes than Gary Yarbrough ever did. How can you hold a man for posts made on a public forum that weren’t even made by him….it is unconstitutional and corrupt. You can’t hold a man because you fear him.
Gary was 28 years old and full of piss and vinegar when he went to prison. He is now 59-years-old and in ill health. You won’t even give him proper medical treatment. He is in constant pain from his RA. You have kept him in solitary for almost 30 years for what reason? Separation from the AB? Nope, that isn’t it…..the main leaders of the AB were at ADX and the officers at ADX gave the very people he was separated from my mail to Gary with my return address on it. They then shot a kite to Gary saying, “Ding Dong, the witch is dead.” I know why it is he is at ADX, and that will be another post. You didn’t even give him due process before moving him to ADX..no hearing, no nothing…..wow, the injustice keeps stacking up LOL. How can you move a man, who hasn’t even had a minor writeup in 8 years to a SuperMax….
The truth will set you free, and you-the DOJ and BOP, are about to be set free…because people are fixing to know the truth…
One pissed off wife,
Original Jurisdiction Appeal
August 20, 2014
Re: Appeal of Parole Hearing Conducted on July 15, 2014, “None of Action”
Dated August 8, 2014
#1 The Guidelines were incorrectly applied in my case: © Time in Custody:
Hearing examiner Hilton had no knowledge of my actual sentence guidelines and therefore made no recommendation. She was unaware that, as an “old law” sentenced prisoner with a sentence over 45 years, I have a court appointed two-thirds date of 30 years. That two-thirds date is exactly the same date examiner Howard set for a “presumptive parole,” and which the commission approved in 2009, being: November 23, 2014. The “Presumptive Parole Date” of November 23th, 2014 was vacated in 2010; however, the court appointed two-thirds date of November 23, 2014 has not been vacated as far as I am aware.
According to the Notice of Action for the previous parole consideration dated September 19, 2012: “The commission parole consideration dated September 19th, 2012: “The commission will conduct a record review of your case approximately 9 months prior to the two-thirds date. If a parole is not ordered as a result of the record review, the commission will conduct a hearing for you.” I was given no notice of such a hearing, nor notice of the results of such a hearing if there was a record review or hearing. Since no notice was issued, and I was not given the opportunity to be heard or appeal the results of the hearing if the two-thirds date was revoked or vacated, a decision to deny the court appointed two-thirds release date should be considered null and void.
The “Notice of Action” dated August 8, 2014 noted: “No change in 15-year reconsideration hearing in July 2024 or continue to expiration, whichever comes first.” As far as I am aware, my sentence expires on the court appointed two-thirds date of November 23, 2014. The parole commission has not justified or given a reason for continuing my incarceration beyond the 30 year November 23rd, 2014 guideline.
As noted in my letter to the commission, given to examiner Hilton, dated July 15, 2014, the sentencing court in Seattle, WA for the 60 year sentence considered all priors, the “seriousness of my offenses” including the weapons offense case in Boise, Idaho when the court set the sentence and guidelines with a two-thirds date of November 23rd, 2014. As of yet, the commission has not issued a reason, nor given me Notice of Intent to continue my incarceration beyond the November 23rd, 2014 two-thirds date. According to the September 19, 2012 Notice of Action there are two reasons to consider:
- “Whether there is reasonable probability that I will commit a federal, state, or local crime; or
- “Whether I have frequently or seriously violated the rules of the institution.”
If the commission considered these two reasons at a “review” or “conducted a hearing for me,” I was not informed, nor given any due process regarding either. As to reason #1 its ambiguity and equivocality leaves it too uncertain to even address. It is a reason that is easily abused by any authority. As to reason #2, there are aggregate guidelines to prevent abuse or authority in this respect, and, as also noted in my July 15, 2014 letter to the commission, “I am 10 years beyond any aggregate guidelines for infractions.” That said, and as noted in previous appeals, this standard is easily exploited by the Bureau of Prisons staff, who abuse their authority to manipulate and orchestrate incidences to force inmates to commit infractions. They do this all the time. A disciplinary hearing is hardly conductive to a truly adjudicatory performance. Likewise, to extend my incarceration beyond the 30 year two-thirds date by ten years utilizing the two considerations noted above, without any notice, due process, or opportunity to be heard and rebut the accusations would be a miscarriage of justice. Eighteen years about the aggregate guidelines would be extremely excessive and truculent. Even the 10 years is contrary to guidelines (I’ve had no incident reports in 8 years).
As of November 23rd, 2014 I will have served 360 (30 years) months in prison, five years more than double the original guideline lower range of 150 months.
The decision was based on erroneous information
In July 2009 Examiner Howard recommended a 5 year parole date to November 23rd, 2014. That date was approved by the commission in October 2009. Four months later the commission vacated that date and a ordered a “special reconsideration hearing” to consider “new adverse information.” After being examined by Mr. Glen, he recommended to reinstate the November 2014 parole date. The commission denied that recommendation and ordered a second reconsideration hearing for July 2010. Examiner Kubic recommended a 15 year set off of 2024. The commission “notice of action” dated January 8, 2013 claims “The commission found posts attributed to you on websites that provide a forum for expressing white supremacist, anti-Semitic, militant, and anti-government views.” I would note here that I have been in prison since before the world wide web and internet existed. I have not had access to a computer, nor never seen any websites whatsoever. I have no way of knowing who, nor what, is on any website. The commission noted that these websites provide a forum “for expressing” views. It is a complete impropriety for the commission to hold me accountable for what others express in a public forum, especially since I have never viewed that forum and have no knowledge of who or what is posted on the side. I still do not know who or what these expressed views are. The Notice of Action goes to the note, “Your continued affiliation through the internet contradicts your claim that you have for years renounced such views.” The commission has me “affiliated” with websites, people, and expressed opinion I have never seen, met, or heard? This also is complete impropriety. The commission claims that I “renounced such views” at the 2009 parole hearing. The 2009 parole hearing was audio recorded, I never made such renunciation. I stated at the hearing that “My beliefs have changed.” My beliefs never included “white supremacy” nor “anti-government” views. Therefore, not only is there adherence to such views there is no “continued adherence to such views,” nor any “affiliation” with anyone who professes such obvious views. That is: There was absolutely no “new adverse information” to “reconsider,” and no valid reason to vacate the November 23rd, 2014 presumptive parole date. The commission did so based entirely upon misperception and misrepresentation. In paragraph four of the January 8, 2013 Notice of Action the commission goes on to allege my “continued expression of white supremacist” and “anti-government views via the internet” AS IF I HAD EXPRESSED SUCH VIEWS MYSELF!!!!!!!! The commission is apparently attributing to me the views that others have expressed in the format of a PUBLIC forum. This is yet additional impropriety.
Returning to paragraph one of the January 8th, 2013 Notice of Action, the commission claims that “White Supremacist Documents” were seized from my home over 30 years ago. No such documents were seized, nor presented as evidence in my trials in Idaho or Washington. I submit now that no such documents of “White Supremacy” exist. The court reinterated numerous times during the trial in Seattle, Washington that we were not being not being tried for our political/religious views, but for our violations of U.S. Laws. Regarding my October 23rd, 2009 appeal to the commission, in the May 12th, 2011 Notice of Action the commission noted that I “claimed that your ideological motives for committing the offenses were irrelevant.” I never made that claim either, I merely stated that my political beliefs and motives at that time were not illegal in themselves. Indeed, my religious beliefs were entirely the motivating factor behind my offenses 30 years ago. It is those beliefs which I referred to at the 2009 parole hearing that I have changed. And those beliefs were entirely from a biblical prospective, not white supremacy nor anti-government. The commission tends to read into my actions and statements concepts that are not relevant to me. It is a miscarriage of justice that not during my 30 years of incarceration has any government agent approached me and expressed concerns about any perceived political or religious beliefs I may or may not have, until after I was approved for parole in 2009. This seems to suggest a malicious intent. The commission will jump to wrong conclusions about my character and beliefs, but not make a single inquiry into what I actually believe?
This seems to suggest a malicious intent. The commission will jump to wrong conclusions about my character and beliefs, but not make a single inquiry into what I actually believe? Indeed, on numerous occasions I attempted to discuss my political/religious views with federal bureau of prison agents. Fifteen years ago I made a request to the psychologist, program coordinator Dr Ahrens requesting therapy with a “specialist” deprogrammer regarding my beliefs. (This request is noted in a memo from Dr. Ahrens to unit manager Adelsberger dated March 9, 2001. See Central File). I made this request so that my personal beliefs would be clarified and documented. I again requested counseling in July 2011 to Dr. Zahn and Dr. Koch to discuss the very concerns the commission raised, though those concerns are purely conjecture; my request went unanswered…….I made another attempt at counseling in a request to unit case manager, Mr. Fenlon, in written format dated March 18th, 2012. Again, no response, nor to a follow up request dated April 25th, 2012. It is inequitable for the commission to adversely judge me concerning my beliefs when the commission does not know what my beliefs consist of. I would also note that in 30 years of custody that I have no incidence of a racist nature, and no “white supremacist” prison gang activity. In fact, the Federal Bureau of prison staff has placed a “separations” order on me because I refused to allow a prominent white prison gang to force me to get involved in a prison “racial war”! My actions back up my words and dispel the accusations of the commission. I have had this separation since 1998. Since the commission had issues with websites, and sent me the disclosure material related to those sites in 2010, my wife threatened local action against those sites to force them to remove any and all mention of my name. Those disclosures were the first time I became aware of the contents of the website. Two refused to remove mention of me. There is nothing I can do about that. None of these people or websites are “affiliates” of mine. It is difficult to alter one’s past, and it takes considerable time to modify core beliefs. However, I never advocated white supremacy, racism, or anti-government views. I was, at one time, passionate about government reform. The commission should bear in mind that “The Order” was made up of men with a wide range of political and religious views. The description the government and commission note regarding The Order in the Notice of Action is untenable, the concepts of “Nazism,” “White Supremacy,” and a “White Christian Nation” are not ideologies that are compatible. This was not the objective of the Order nor was it a goal to “topple the U.S. Government.” Such a statement is purely sensationalism and hyperbole. Catch words to illicit an automatic programed reaction. Appeals are allegedly “decided on the basis of the written record.” But quite often that written record is simply an exaggerated distortion, as I believe I have demonstrated in this appeal utilizing only the Notices of Action. Perception must not be reality, reality stands on its own merits, good or bad. I have been fabricated into something I am not.
Also noted under appeal reason #4 the decision was based on erroneous information and the facts justify a different decision; and appeal reason #5 incorrect procedure;
Further errors and impropriety in the January 8th, 2013 Notice of Action: which notes that “Your co-defendants were not considered advocates of white supremacy.” I alleged co-defendant disparity because the commission claimed I was a white supremacist advocate. “You acted to advance the Neo-Nazi objectives of a paramilitary white supremacist organization.” (i.e. The Order). All co-defendants were members of the Order. According to court records, Richard Kemp was a “founding member.” Kemp was charged in the death of Walter West as an act of racketeering associated with the Order, he was paroled in 2008. Frank Silva, Randall Evans, and Andrew Barnhill are alleged to be Klu Klux Klansmen. All three are out on parole. I have never advocated white supremacy nor accused of any act in which someone was physically harmed. And yet the commission utilizes the claim of “white supremacy” in conjunction with membership in the Order to vacate the November 23rd, 2014 parole date. It is evident tht the commission utilizes a double standard wherein I am concerned. How is the label of “white supremacy” applicable to me, yet not to my co-defendants? The claim of “white supremacy” in the Notice is erroneous, and by associating this accusation to me and not the affore mentioned co-defendants is wrong reasoning and procedure. There is absolutely no evidence to suggest that I ever advocated white supremacy or the “toppling of the U.S. Government.” Expressing dissenting opinion and views does not equate to being anti-government. And the commission is wrong to equate me to the views and opinions of others noted in a PUBLIC FORUM. The paroled Co-defendants are noted as having blogs on the very same websites in the disclosure material provided by the commission to claim I am “affiliated” with. This is complete impropriety. Additionally, the court made no charges as to religious or political beliefs, there charges were only violation of U.S. Laws. If the commission distinguishes one defendant from the others in regard to political views, then that same standard should justly apply to all defendants. How is it that I am accused of being a “white supremacist,” adversely decided against, and denied parole as a results of that accusation while “co-defendants,” alleged members of the same enterprise are “not considered advocates of white supremacy”? The April 1985 issue of “California Magazine” Page 97 shows a photograph of 8 individuals holding a KKK banner, two of those individuals are Frank Silva and Randall Evans at a “white power” gathering. The commission does not consider these two co-defendants, noted as “Klansmen,” as advocates of white supremacy but consider me, someone who has never believed in nor advocated such a concept, a white supremacist? These two are paroled, but I am labeled a white supremacist, and as a result of that label my sentence is extended by ten years? This is totally improper disparity counter to the goals of the sentencing guidelines. I am not “anti-government,”I do express verbal dissent to abuse of authority and injustice, which is a constitutional right of free speech, as is freedom of the press or media, and the right to be free from oppression due to political and religious beliefs.
Salient Factor Score
The Salient Factor score is 5, which does not indicate a “serious threat” or the probability that I will reoffend if released.” I have no “public safety factor” classification. Indeed, the Department of Justice offered to release me in 1994 if I would “cooperate” in the conviction of Robert Miles for a crime department of justice agents knew full well that Mr. Miles was innocent of. I was not “too dangerous to release” in 1994. And the Department of Justice has offered deals for downward departures twice since then on cases involving prison gangs. I refused.
For the parole commission to claim I advocate white supremacy utilizing the exaggerated claim of website “affiliation”. To suggest that I may not obey federal, state, and local laws is injudicious and exaggerated trepidation. As previously noted, the beliefs I held 30 years ago, which led to my offenses have changed.
Especially mitigation circumstances justify a different decision:
“The Order” was made up of men with beliefs of varying degrees, none advocated the “Neo-Nazi” or “White Supremacy” concepts. None of us participated in the RICO trial 30 years ago, and none refuted the government’s charges or claims. The claims of white supremacy and anti-government sentiments were purely exaggerated sensationalism. At the time, we were “separatists” not supremacists. We did not believe any one race was superior or inferior to any other race, we simply believed we were all different. We sought to preserve and cultivate our own racial heritage, nothing more. We were tried for our violations of U.S. Law. Trying 10 men altogether, regardless of legal justification, is a miscarriage of justice. The court claimed the Order was a well organized enterprise, but in reality nothing could be further from the truth. Men committed offenses entirely on their own, act I had no knowledge of or participation in. The court considered my own offense behavior in determining the sentence. Those guidelines mandate a two-thirds mandatory release date of November 23rd, 2014, which is more than double the lower guideline range. I’ve done 20 years for my co-defendants offense behavior. That should be satisfaction enough for anyone.
A More Light Decision Should Be Rendered on Grounds of Compassion
I committed my offenses as a young man at age 28, I am now 59 and in very ill health. I have severe Rheumatoid Arthritis, Liver Disease, Thyroid Disease, and COPD. My wife is ill also and currently on disability income. After the 2014 parole date was approved she adopted two children (One being her grandson) for us both to raise. Since the 2014 date was later vacated that means my wife is forced to raise the children alone. She needs help. I will not survive a 10 year set off for parole. I am also a father and a grandfather to 7 grandchildren. I have never seen because of distance and expense. I would like to see them and spend what remaining days I have left in life to enjoy my family.
For all the above noted reasons I do humbly request parole release at the earliest possible date. I have age and educated myself, improved my character and bettered myself. I am remorseful for all my offenses.
Thank you for your consideration.
Gary L. Yarbrough
August 20th, 2014
Today, I need an internet podcast with The Free American, and as expected there were technical issues from the get go LOL Then Gary called in the middle of the show and I had to hang up with the show for a few.
Sunday at 8:00 PM EST, I will being doing Racist Radio. Before you judge, you have to know it is the “authorities” who gave us the terms “white supremacists” and “racist.” There really is no such word. It was made up by the authorities to label us and to divide. We have a right to freedom of assembly, freedom of speech, and to protect our culture and heritage. All other races are not labeled for doing this. I hate nobody and I don’t look at myself better than anybody else. The only things I want are: to be able to say what I want (I have to put up with being called names because I believe the “old” way of morals and standards but I can’t voice my opinion and beliefs), to be able to associate with whoever I want to, to protect my heritage and culture, and to get my husband home! Does that make me a “racist”?
So listen to the interview I have already done and to the one Sunday!
Dear Bureau of Prisons,
What is it going to be? You going to release Gary on Friday or Monday or will all the dirty laundry have to be aired. You know very well that you have done him wrong, and this letter just covers a small part of it. Not one single infraction in over 8 years…wow, and you hold this man in High Security…after having him in ADX over the mandatory stay. Let’s continue….
You also know that you have made him suffer health wise. You have denied him proper medical care for many, many years. Why do you hate him so. Both of us have shown you that we can disappear. Gary cut off all contact with everybody, except for me, his family, and his childhood friends. You have painted him to be the violent man he is not. Gary just wants to come home and live the last years of his life in peace and quiet. What do you have to fear? His RA basically has him crippled and he is 59-years-old. He has been behind your walls since he was 28-years-old. But it is more than this that we have proof of.
I am sure that you have monitored our conversations-both phone and internet. You know what he has. Really? Do you want all that to be aired? I doubt it. Just let him come home and let bygones be bygones….that is all he wants. I am sure you are monitoring this blog to see everything I post. Gary does have an attorney, and I will raise the money to pay him…..so let’s just skip this and let him come home.
You know you violated his constitutional rights by vacating his 2014 date over posts made on the internet that he didn’t make. He can’t even be held responsible for what I do. You did not even give him due process, which is highly illegal. I WILL get him home…you can count on that. Now you will soon violate his rights again by holding him passed his mandatory release date, if he is not home by Monday. If he is not home, we will fight and everything will come out…EVERYTHING. Many, many people and the media are waiting for it all to be released. If he comes home, none of of this will be aired and then there will be no nasty appeals, which he will win. I have already been advised that there is much here for an attorney to work with 🙂 So just let him come home. Let me worry about his health. It is a promise that you will not hear a peep out of either one of us once he is released…..so what you say BOP? Do you want a humiliating battle with more federal attorneys or do you just want to let a man go who has done more than enough time.
Many people said they could not view Gary’s letter on mobile devices or tablets, so I typed it up. What he has written just covers very little that he has been through.
Monkey Wrench Injustice
Parole Commission Manipulation
In Retaliation for Refusal to Testify
Written by Gary Yarbrough
October 27, 2014
Transcribed by Susan Yarbrough
I was sent to Supermax ADX, Florence, CO, October 11, 2007. ADX was designed for predacious prisoners and prison gangs. One is referred to ADX via Due Process Hearing after being found guilty of an infraction of prison rules. ADX is meant to be a 3-5 year program with “step-down” stages or phases to advance to.
I am not a prison gang member, nor have I ever participated in any “disruptive group activity.” I was referred to ADX by an unknown entity, even though I had violated no rules, had 2 years clear conduct, and was participating in institutional programs. I was less than 20 months from my July 2009, “15 year reconsideration parole hearing.” The only excuse given for the ADX referral was “adjustment purposes.” The Bureau of Prisons (BOP) had to raise my security classification and place a management variable for “greater security” in order to refer me to ADX. However, I was already confined in a facility which was classified as the greatest security within the BOP, the “Security Confinement Unit” at U.S. Prison Terre Haute, Indiana, which houses death row and utilizes an electrically charged “kill fence” perimeter wire.
To advance through the first stage of ADX “program,” one must accumulate one year adult education or psychology course every 6 months. The administration automatically screens a prisoner for advancement referral after 1 year. I was routinely denied advancement referral to the intermediate unit 7 times every six months after the first year. I had clear conduct the entire time and completed dozens of ACE and psychology programs. Each time one is denied the advance a type of “notice” is issued. The first denial noticed is dated November 5, 2008. These notices are completely ambiguous and read virtually the same for all prisoners. My first one read, “You have been denied placement because it is believed that the factor which led to your placement at ADX have not been sufficiently mitigated to indicate you can function successfully in a less restrictive unit without posing a threat to the security or orderly running of the facility.” As previously stated, I was referred to ADX by an unknown person, I violated no rules or regulations, did nothing wrong, and had no due process hearing. In December 2008, I still had no idea of why I was referred to ADX. What “factors” are being “mitigated” to indicate I can function successfully? I did nothing to indicate I could not function in a less restrictive unit in the first place, otherwise I would have received an incident report for an infraction of rules. I completed the one year clear conduct and programs, is there some other “indication” I need to accomplish? I was denied advancement one more time, and that is double the criteria time, before the format of the notices changed. I went to my parole hearing in July 2009. The examiner recommended a presumptive parole date of November 23, 2014, which was approved by the parole commission on October 3, 2009. So, I had a 5 year set-off date for parole, which I appealed.
One month later I received the 3rd step-down denial notice dated November 17, 2009, in addition to the previous format: “Your placement at ADX and your recent communications of white supremacy writings. This demonstrates your compliance with institutional rules is solely due to the heightened controls and security procedures at ADX and a willingness to trade the time at ADX for the complementary time you would have in open population to prey upon others and/or work your disruptive activities.” By this time, I had been in ADX for 25 months with no notice given for “reasons resulting in your placement.” This notice was signed by Assistant Warden J. Fox. I sent him a written request asking for specifics as to what recent “communications” of “white supremacy writings” does he refer to; when have I demonstrated non-compliance with institutional rules; who are the “others” I am alleged to “prey upon”; and what disruptive activities have I committed? I received no response. Firstly, I do not believe in nor advocate white supremacy. The only entity I am aware of that did advocate “white supremacy” and the exploitation of non-whites is the United States Government and the aristocracy from whom it is elected. Whatever “writings” Fox refers to do not communicate the odious concept of “white supremacy.” The authorities practiced this heinous concept, and America suffers the ill attempts to ameliorate that atrocity to this day. I do not believe that any one race is superior to, or inferior to, any other race. I do not even believe white should reign supreme over other whites, let alone non-whites. I believe every man is sovereign in his own right and no man has rightful authority to coerce any man against his own free will. Secondly, to demonstrate non-compliance means to commit an infraction to rules, as to “prey upon others” and “work disruptive activities”..where is the incident report for these activities? I HAVE NONE. And the Federal Bureau of Prisons is chock full of racist of every race!!!!!Whatever ones political views are, there is no rule or regulation within the BOP that prevents the free expression thereof. To reiterate, I did nothing wrong to warrant the referral to ADX. And why was none of the accusations included in the first 2 step-down denial notices? That is, how do I “mitigate” circumstances I am unaware there are concerns about? I had been in Federal custody for 25 years at that point, no one voiced any concerns previous to this. I had 10 co-defendants, none of them were sent to ADX…So, what is really going on? Approximately 2 months later, I found out why.
On February 1, 2010, the parole commission vacated the previously approved parole date of November 23, 2014 and ordered a “Special Reconsideration Hearing” to “consider new adverse information.” Reasons: “To reassess your ‘risk’ based upon your continued affiliation with white supremacist advocates through websites.” BOP Sabotage?
I have never known the Parole Commission to vacate an approved date unless a prisoner had violated a rule since the date was approved. And the excuse for reconsideration is a complete violation of my First Amendment Rights to Freedom of Religion or Political Beliefs, Freedom of Speech, Freedom of Press, and Freedom to Peaceably Assemble. What “risk”? Expressing my rights as a citizen? What rule, regulation, or law have I violated? “White Supremacy” as a concept, odious as it is, is not against the law, though it has nothing to do with me.
The reconsideration hearing was held March 30, 2010. The examiner questioned me about websites. I informed him that I have been in prison since before the internet existed. I’ve had no computer access, and never seen any websites whatsoever. He asked me if I had read the disclosure material, I said I was not provided any. I waived the disclosure and requested to continue. I informed him that I was not a racist or supremacist. He opted to recommend the November 24, 2014 date be reinstated. This made my case manager, Mr. Fenlon, angry and redfaced for some reason. Three months later Felon brought me another “Notice of Action” from the parole commission ordering another special reconsideration hearing to provide disclosure material not available to me at the first hearing. At this point, I realized that they would hand pick some lickspittle flunky to recommend a 15 year set-off date. Which is exactly what happened at the hearing in July 2010 claiming they “found posts attributed to me on websites that provide a forum for expressing white supremacist, militant, and anti-government views. Your continued adherence to such views is relevant because of your original offenses.” Why would I renounce views that I never held? The hearing was audio recorded, no such statement was made. So, the commission vacated the November 23, 2014 date based totally on conjecture about what they think my beliefs are, and upon posts expressed in a “public forum” by people I’ve never met or see, or websites I’ve never seen.
I was denied step-down advancement 4 more times over the next two year. Denial notice #4 was signed by a different assistant warden, one L.J. Milusnic. So I sent him a request for information on September 2, 2010 inquiring as to the denial notice he signed dated 6, 2010 which stated that I was denied, “Due to your ‘possible’ involvement in white supremacy activity. Milusnic’s response is dated October 4, 2010 and claims I will receive an updated written decision. That being denial #5 reading: Denied, “Specifically, your communication with white ‘separatists’ and radical groups is disruptive to the safe and orderly running of the institution.” Now it’s become “white separatists” instead of “white supremacists” and the notice claims my communications are “disruptive.” The ambiguity is still there, what white separatists and radical groups, what “communication,” and what “disruption”? The notice goes on as before: “This demonstrates your compliance with institutional rules is solely due to security at the ADX.” Again, where is my non-compliance to the institutional rules? Where is the incident report for any violations related to the communications and/or disruption? THERE IS NONE! Keep in mind that not once in 25 years had any staff ever related to me any concerns about my political views, nor whom I can and cannot communicate with. I was given no indication of why I was referred to ADX in 2007, and nothing mentioned about “white supremacy” until the third step-down denial notice in November 2009. The mention of “white supremacy” to reconsider the approved parole date indicates that this surreptitious plot had been in the works for a number of years.
I was at the U.S. Prison Super Max in Marion, IL when it switched from a U.S. Prison to an F.C.I. in 2006. I was transferred to the “security confinement unit” in U.S.P. Terre Haute, IN. Staff at that facility claimed they had no idea as to why I was sent there. Staff at ADX made the same claim in October 2007 when I arrived at ADX. I filed a Freedom of Information Act Request to ascertain the reason for the transfer to Terre Haute and ADX. I received a document of “notice to inmate of transfer to communications management unit” at FCI Terre Haute, IN. This document is undated, nor signed, nor delivered to me as instructed therein. I was not transferred to the CMU at the FCI, I was sent to the SCU at the U.S. Prison. I was given no notice or due process, nor given the opportunity to appeal the transfer decision. The document claimed that I have “continued to communicate with members of extremist organizations.” All the harsh conditions the BOP has utilized against me since 1998 has been in my retaliation for my refusal to aid the Dept of Justice in its efforts to prosecute the Federal prison gang known as the “Aryan Brotherhood;” and for my refusal to accept a “deal” to aid in the prosecution of Robert Miles in the attempted bombing of Judge Benson in South Dakota. Since I refused their deals, they would insure that I never get out of prison? A S.I.S officer at ADX came to my cell in February 2009, five months prior to my parole hearing and informed me that it was one unnamed individual in Washington D.C. that had me sent to ADX, and that I would never get out of prison. That one person is likely the person who had the parole commission vacate the recommended November 23, 2014 parole date approved by the commission previously. Department of Justice sabotage?
I had another parole hearing on August 1, 2012, the Notice of Action stated: “No change in 15-year reconsideration date of July 2024 or continue to expiration, whichever comes first.” The notice also stated, “The parole commission has decided to continue you to the expiration of your sentence. If the two-thirds date of your sentence (30 years in the case of a sentence of 45 years or more) precedes the mandatory release calculated by the Bureau of Prisons, the commission will conduct a record review of your case approximately 9 months before your two-thirds date. If a parole is not ordered as a result of the record review the commission will conduct a hearing for you. The purpose of the review or hearing is to determine whether there is a reasonable probability that you will commit a federal, state, or local crime, or whether you have frequently or seriously violated the rules of the institution. See 28 C.F.R. 2. 53 (a). If a parole is denied, you will be continued until the expiration of your sentence less good time.” I was never informed that all old law sentences over 45 years had court mandated two-thirds “mandatory release” after 30 years served. This notice indicated that the 15 year hit was tentative, as yet. Also, calculating my sentence, I noted that the 30 year two-thirds date and the presumptive parole date approved by the commission in 2009, then vacated in 2010 due to “new adverse information” was exactly the same: November 23, 2014. Why did the commission use pretense to give me a parole date that the courts established 30 years previously? Then pretend to vacate the date in 2010, when in actuality, that release date is still pending. Then September 19, 2012, notice stated that a record review would be held approximately 9 months prior to November 23, 2014. Putting the review sometime back in February 2014. It is October 25th at the time of this writing. I’ve no idea if there was a record review, but I have been given no due process hearing to rebut the two criteria for continuing me past November 23, 2014. Both of which could easily be abused by any authority.
BOP staff manipulate prisoners and orchestrate situations to force or coerce prisoners to “violate the rules of the institution.” However, I’ve had no violations in over 8 years. Still, this Notice of Action gave me a clear understanding of why the adverse confinement conditions, and the surreptitious nature behind the “communications”. Also why none of my co-defendants have been treated as extremely as I have, they did not get pressed to “cooperate” in aiding in prosecuting Bob Miles or the “Aryan Brotherhood”, two cases I compromised severely by refusing to aid the Department of Just-us. The BOP wanted to make my conditions so miserable that I would violate rules and stack up incident reports. They wanted me to continue to communicate with members of “extremist organizations” so they could claim there is “reasonable probability” that I will reoffend if mandatory released in November 2014. So, they never voiced any concerns about my politics, nor my communications. Since 1998 the BOP placed a “separations classification” on me from the Aryan Brotherhood, and confined me only around non-white prisoners. The only white prisoner I’ve been around is a homosexual that caters to black prisoners. Staff continually alienate me and segregate me to make me appear to be “no good.” I have written/documented every adversity the BOP has intentionally caused me. They wanted me to assault that homosexual…..
On September 11, 2012, (the irony of the date does not escape me) I was approved for step-down advancement to the intermediate Unit-J. I received no approval notice until after I had written and requested one. I wanted to know what changed in my situation to enable the advance. But the notice simply stated, “approved.” It took me 5 years to advance to J-Unit when only one year was required. I was placed on a range by myself with the exception of the deviant homosexual noted above. It took another 17 months to advance to the “transitional” unit when only 12 months was required. Thus far, 8 years to be in a 3 year program. Remember this program is designed for recalcitrant prisoners and gangs. It is a death trap, plain and simple!!!! I was sent to the only prison in the entire system that confines all the gang members the BOP “separated” me from in 1998, and was forced to participate in a program designed as punishment for disciplinary referrals to ADX when I had violated no rules and was not a disciplinary referral.
I had an interim parole hearing 3 months ago on July 15th. The examiner knew nothing of my case or the 30-year two-thirds date. The case manager here called the parole commission after I aggressively convinced him of the mandate. According to him, “The commission will examine the case and get back to him.” It’s been 8 weeks and no returned phone call as yet.
I am currently confined in the “pre-transfer” stage of the ADX program. I am the only white prisoner here, except for the homosexual. All the rest are Mexican gang or cartel members, black muslims, racical muslim terrorist, and other assorted non-white people. Alienated and segregated from my own folk-kind, kindred, and I have kept from communicating with anybody that the authorities may accuse of being extremists or advocates of “white supremacy”, anti-Semitic, or militant/anti-government views. As Carl Jung wrote, “I stand at the bottom of the deepest hell, and I can fall no further.” He was wrong. I believed at I was at the bottom many times over, but the bastards always found a way to increase the depths of my misery.
No indication of release yet, 28 days remain.
And so it goes,
Gary Lee Yarbrough
Florence, CO 2014
As I transcribed this letter, he only has 9 days left to see if they let him come home or not…….
Gary Yarbrough has been all around this country to be put in the worst prisons that this country has to offer…Marion, Terr Haute, ADX…and that is just to name a few. They are too many for me to keep up with. He has been in prison for 30 years, and most of that time has been spent in solitary. What the heck? He hasn’t had a write up in years. I will give the BOP a little credit. He is now out of ADX and in Florence High Security, which is a little better but not much. He is now allowed out of his cell twice a day, and allowed 3 instead of 2 phone calls a month LOL. Wow, what a big difference. They have been saying for months they were going to move him, but nothing. Gary, because of his health problems, especially because of his rheumatoid arthritis needs to be in a medical facility. They have been denying him medical care for as longer than what we have been together. This has always been an ongoing battle. Rheumatoid arthritis can kill a person, if it is not treated properly because it attacks the immune system. He has filed remedy after remedy, and it doesn’t help. They want Gary to die, but I don’t want my husband to die…I want him to come home and have a little enjoyment. But what about his mental health?
I have seen people break in solitary confinement within a few days, Gary has spend 99% of his time in solitary, including ADX, which is the worst maximum solitary prison there is. It is actually underground. He was treated worse than an animal there. Much research has been put into what long times in solitary confinement does to a person. ADX, where Gary spent a couple of years at, has been in the media for their inhumane treatment of prisoners and mental illness. Here are some links to see how horrible ADX is:
Where is Gary’s help? He didn’t get any help in any of these law suits! More than likely, he has PTSD and severe depression from all he has been through, but I do have to say he is strong. He has kept going and kept me going. He has made me laugh when things were rough out here for me. The psychology department at these prisons are a joke. They made him watch stupid films and write papers LOL. Of course, Gary is Gary and put his true beliefs in these papers. They will not brainwash Gary Yarbrough :).
We need to get an attorney to stand up for Gary’s rights and to get him help. What if your loved one was in solitary for this many years. Gary sacrificed his life for his beliefs and folk…it is time that we gave a little back to him and help him get an attorney so he can come home to enjoy his last few years. Not only that, but if we don’t fight, they will not only compromise Gary’s constitutional rights, but he is the gateway to try to compromise ours! If they get away with this with him, they will do this to other people! It is time to take a stand! Here is the legal fund page, please help us get Gary home!