-------- Original Message --------
Subject:        [ronpaul-529] Political prisoner not taking it lightly
Date:   Thu, 25 Jun 2009 11:02:15 -0400
From:   Bryan Malatesta <[email protected]>
Reply-To:       [email protected]
To:     [email protected]



All,

Many in Texas know of former business owner Dick 
Simkanin, http://www.dicksimkanin.com/

He is in 
prison for not withholding taxes, i.e., giving his workers 100% of their 
contracted wage and not being an unpaid tax collector for Uncle Sam.

Here is more info on his trial if 
interested: http://www.givemeliberty.org/rtplawsuit/Update04-Jan-10.htm

Dick was a business owner in Bedford, TX.

At any rate, he was ready to get out and go to a halfway house and because he 
refused to give them fingerprint 
and DNA samples, he is not being released. 

Dick Simkanin called a friend again today to ask me to recruit 8-12 
people to call the E. Texas US District Judge David Folsom and 
push/encourage him to bring up Dick's request of a TRO--Temporary 
Restraining Order--against what the BOP is doing to him in the prison. 
They are attempting to force him to voluntarily give away his 
property. Dick suggested that if we can't speak with the judge 
personally--which is highly likely--we speak with court personnel 
stressing the fact that crimes are being committed there in the 
Texarkana Federal Prison, in that judge's neighborhood and he can, and 
should, make the BOP stop what they are doing.
 
Dick is still NOT in segregated housing yet, but he says the screws are 
tightening; and his discipline HEARING that was scheduled for Wed was 
postponed because a doctor who was to speak for Dick had an emergency. 
Perhaps it will be Thurs.?
 
So, please take a few minutes and call the phone number(s) at the link 
below preferably in the morning. Also, please pass this along to others 
you know--talk show hosts perhaps--who might also help in this endeavor.
 
But, please forward this email to others and make a call to the judges 
office.
 
http://wwwtxed.uscourts.gov/Judges/Folsom/Folsom.htm 
<http://www.txed.uscourts.gov/Judges/Folsom/Folsom.htm>


EARLY REPORT FROM A FRIEND NOT POSTED

For those of you interested in Dick Simkanin's incarceration, he called 
me again late last week with another request. It appears that he has had 
a hearing  by teleconference with the South-Central regional Bureau of 
Prison personnel from Dallas--Cedar Springs Road. He thinks he is in 
serious trouble and on his way to SHU--specialized housing, or in the 
vernacular, solitary confinement--as he described it. [His 'hurried" 
letter I received on Monday re-enforced this message.] He is still 
searching for, and desiring as many of us as have time to join him in 
searching for the statutes that require him to submit to giving his 
fingerprints along with a DNA sample to the Bureau of Prisons. From his 
information, the BOP gets money when they submit a DNA sample to the FBI 
DNA Data bank, but Dick refuses to cooperate. This has cost him 2 weeks 
of more freedom as he was scheduled to be released to a halfway house in 
east Ft. Worth on June 2. As stated in an earlier email, he has decided 
to make a stand on this issue of principle--they refuse to show him a 
law that requires him to give fingerprints along with the DNA sample for 
their records. It appears they are now fixated on taking away his "good 
time," which for anyone who knows Dick would agree that he ought to have 
a bunch of that to his credit.
 
Having attempted to study as thoroughly as I have time to do the 
statutes he told me to study, I must admit that I have yet to locate any 
statute that requires an inmate to give up fingerprints unless that 
inmate formally REQUESTS a DNA sample be taken in an attempt to prove 
innocence of a violent crime. Those of you who know of my past writings 
on laws will remember how I could read 'em with an eye for 
inconsistencies that few others could. However, since I've been for 
years now away from reading law books I'm not sure if I'm as good as I 
THINK I used to be. For Dick, I'm asking those of you with at least some 
extra time to do some study of the sections listed below that Dick 
himself has studied thoroughly, but has asked me to request that others 
do the same. Then when you are convinced the statutes do NOT say what 
the gov't says they say, if you would write or call the BOP of Texarkana 
or the South-Central Regional office in Dallas to question where it is 
the law is found that requires an inmate of a federal prison to submit 
fingerprints along with a DNA sample. That is the only question Dick has 
at this time; "Where is the "law" that requires an inmate at a Federal 
prison to submit fingerprints along with a DNA sample which will end up 
in the FBI DNA data base?" Will you help him to ask this question of the 
BOP, US Attorney's offices nationwide,  Office of Inspector General, 
Congresspersons, Senators, Texas Governor, etc.?
 
The first important support you can offer is forwarding this email--or a 
similar email message--to everyone you know of like mind on the issue of 
rights for American citizens. If you know someone who has access to a 
talk show--radio or TV--or a print media outlet where this subject can 
be discussed it might prove to be invaluable in assisting Dick's effort 
to make the Bureau  Of Prison  abide by written regulations. [What a 
concept! Abiding by written laws.]
 
Below is a web address where anyone may submit a FOIA request about 
Dick's situation, and below that are some of my questions/requests that 
I sent last night. Please consider this angle as one way to draw 
attention to Dick's attempt at justice. Also, the Office of Inspector 
General may be a way to garner support for his quest?
 
Again, I'm not asking you to do this for me, but for Dick as he 
"gambled"  back in a day when we actually held out hope that courts 
might dispense justice instead of injustice, and he lost most everything 
when he went to prison for violating a non-law. I've been to county 
jail  for an "extended stay" so I know just a bit of what he is 
experiencing for attempting to stand on principle. Will you spend just a 
few minutes of the next few days studying the statutes that pertain to 
the alleged requirement to submit fingerprints along with a DNA 
sample? Or, perhaps  write a FOIA request on his behalf to get someone 
at BOP lying, as federal officials are prone to do, so that at least 
when the opportunity comes up to file legal papers that we know against 
whom to file. Please put pressure on these liars over the next few weeks 
with the hope that Dick Simkanin might walk out of that pit of iniquity 
in Texarkana, as an example of truth triumphing over the evil ones. Your 
efforts might be the one to convince the warden, a bureaucrat, etc., 
that Dick deserves to be released since he never "broke a law." Remember 
that Biblical principle: "Where there's no law, there's no transgression."

http://www.bop.gov/foia/submit.jsp
 
/The entire BOP blanket policy that governs all BOP facilities for the 
taking of DNA samples, the chain of custody of DNA sampling done for the 
FBI DNA DATA bank, and any post-sampling procedures. Please include all 
steps and processes from beginning to end--when the sample leaves the 
custody of the BOP. Also requested is the amount of funds that change 
hands during this process. I thought something this simple would have 
been published on the BOP web site, but I missed it if it is. Thanks./

I request expedited processing of my request and have described in 
detail why I believe my request warrants it:

/I've been informed that crimes are being committed inside the BOP over 
the issue of obtaining DNA samples from inmates. I just want to make 
sure this information I've received is incorrect and I figured the best 
way to do that is by seeing the BOP written policy on the subject. This 
is an opportunity for the BOP to prove that, in all facilities, it is 
abiding by written regulations./
// 







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