___._.-V-.-....,-.,,__ __a,__-.__. .--._V.._. . -aw .......

4' I

. ..

FD-302 4-15-64! I Rev.

TE

FEDERAL BUREAU OF INVESTIGATION

92 1 I 1

M 2/17/71
an inmate at Correct
ional

Training Facility,
Office of identity of

of

that institution Special Agents

was

Central Services

was oral

advised of

the

_...,_~ - .

'-.Q.!.!; . e _.

purpose of investigation eing conducted. the

card these Agents. by q further

the FBI, was and shown an 1_. 1 credential

advised of the

_advised that he was inmate an housed in "Y" Wing of institutionin January, the l970, when Correctional
Officer HILLS was killed in that wing. However, he was

knowledge the murder, hisonly knowledge of and comes from

/._

in the wing at the time the murderoccurred, because was he on a work assignment. He informed that hasno personal he
the other inmates. '

not

what hehas read in

the paper and talk he hasheard from

Wing, informing the attorneys for that defendants in the

MILLS murder case desired to interview "Y" Wing inmates.

prison officialscirculated a among inmates of form the "Y"

This form indicated that each inmate should make choice his
as to whether he wanted to be interviewed or did not want

He stated that sometime after the murder of HILLS,

- I2 J . .r.-<31 Z;-&#39;31".

personally feltthat his becoming involved conflict would &#39;~ ,Q;=riE;&#39;: with his parole boarddate. He explained tat this was .~..&#39;.&#39; &#39;
. ._;. .. .1I

b 92O/ indicating wantbe he did not to interviewed, because he

purely apersonal feeling, heknew that murder but this
case wouldbe a contriversial
flect unfavorably

to be irlerviewed.that Q

he marked form this

to take any chances his becoming involved that would reon him getting a parole. He stated um; he didn&#39;t know if the Parole Board would have even bothered to consider this aspect,
but he didn&#39;t want to take a chance.

thing, and he didn&#39;t want

Ehathe signed the questionnaireform ofHis own free will 2/l2/71 ,, Soledad, California Fm; SF 44-1868

He went on to say

mew

Jicfufcd b" .,_|Si neither toncIusi0l&#39;stheDareof the and to your h 23 This document recommendations nor FBI. of property In contain: the I9 is FBI loaned agency:
It and In content: are not70 be dlulrlbuhd outside your agency.

9 .-

or 4/4-1058

1-m

CAG:jab

,b

way he should sign form.He stated at time did the that no

he feel his answer on the form would bring about reprisal

and choice, and nobody suggested, threatened impliedwhich or

from theprison officials he should ut unfavorable iftothat thisdownhe knows the chec o f on form a choice prison. a lot of other inmates that
whereinmate gave this answer because an he was afraid of
the prison
1 ;4 .> ,,.

they did not wantto be interviewed. Heknows of instance no

official.

1 111 L -1 .&#39;_ .

_92 &#39; V1 .cf

if -w
in { .

i I
~-+

i 92

24

_,--

FD-302 REV. 3-17-69]2;

_,
FEDERAL aunsnu or mvesnsmou

Dd,

2/17/71
was con

his

Salinas ,
identified

place

California.

ed

at

Law

of business,
themselves

-510
Bureau

ted

at

of Investigation,verbally and through

credential cards. Furt.her, was
of the investigation by the Agents.

display of

advised of

official

the purpose
action

; &#39; naming JACKSON, an GEORGE LESTER certain California State Officials

rights and privileges.

was !nUn!ted District 1 through office are filed States Courtif . the of B Attorney_ waserkeley, orn Fu ofplaintiffs 0 Cal on rther,n was a e aw that act to be com this on a aint behalf
Officials as responsibles denyingthe plaintiffs in certain fact he has no

advised that he was aware

that a civil

Monterey County

advised

~ a

but is not ashamed that his name a part of thecomplaint. He is advised that he was to have received a copy of the complaint from

personalknowledge the context of the complaint, of

that he is embarrassed to the due

asthiswas through office H done the of

He was consulted? eventhe hebility iling 6 /0 to feas not knowwhat o the action, an e consented, though did
exactlywould allegedin the complaint. Basically, the be comtllreuqh interviews these

vised that he hadno part in drafting the complaint,

but to this ather last failedpick up office week.

plaint was contain to allegations whichcome to the attention had

A torneys with nmates the Correctional had at TrainingFacility.
He reiterated that he had very limited personalknowledge the of

==-==<><=1ae Att<>r==w=.i
92v~1, -

allegationsin made the action his information has come from his

" 2+H i &#39;

F""

55&#39; 44=1-Q53

4! document rucommondu theIt lho oi FBIIn lo oqoncy; ; b This conlalns mlthn nor 25om Is properly loancd conclusion: of FBI. theand your
ll andllscement: notlo be cllnrlbuiod are oulsldo youragency. ,._..., .., , -_. ....,._._ . .l ._,,ti. ..,__.92..ai _.. ._ y_, _ .._,,...-.~.-_,..,~ _, .~._.i.i_....-,.-..__...,_._ . .-..._..__.._-92,-.1- en-.-,,..,.v-.-.-->~,.e-=r,,,,,~; 54

bY Dol0

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FD-302&#39; Rev. 4-1-64!

V E

J
FEDERALBUREAUOFlNVEHGAUON

ti
Dots

2/17/71
was interviewed

i "ah

1~r:f::i@;@a1 r P -&#39; . @@

at the

Investigation FBI!
was explained

identified

themselves by showing their

Theinterviewing Agents b1c,

Federal Bureau of

credentials.
SA

The urpose of

the interview

to

5&#39;-_&#39;+_&#39;r 1 ..~;&#39;,l1 .v% 21451&#39;.

<91I ; 1 J ~ .,.._&#39;.. -r.. _~.&#39;; &#39;23-." z;*_~_ " .&#39;;. zv&#39;3 ."_&#39;;.<_ :, 1.9 ,_,2-: s "1?-"i 1 _;,j., w 2 &#39;_ . -.;_-:, 4 1",4 , Pi -}"r.*;&#39;31 -&#39; "-214; . .13, &#39;;9292;. .,_.~1

.;;;-5%? 711;; ;". i.:&#39;_.! , &#39;

stated

is incarcerated s California Prison to conviction in Sate due a 76

b

that he is at Detroit,

Michigan.

and was born stated that he

He added

stated

_ the Y Wing of
that

im risonment. that

that he

isjserving a

sentence of

he was placed in the Soledad Prison in July,

he was incarcerated in the State Prison in Soledad, California.

1968.

prior

to being transferred

six

months to ten years p

to the

-T"-&#39;52?! -3 Y-Wing "-1}"-.92"&#39;-Z at that

-further advised that he was incarcerated in the at the Soladad facility in January, 1970. He advised that
time one of the correctional officers, a JOHN MILLS, was

2
1 .

V ~"-*.&#39;?w locked in their -&#39;92 -35. month*~and s . half

,.::.~,?.}~:1 ,4, .. -4:?-.=-5; , t, ,. _. {i i * 4.":.

sw=

slain by inmates who were incarcerated in the Y-Wing. _

recalled that immediately after MILLS wasslain all

cells

approximately March or early April,

inmates of the Y-Wing.

-also

as a security

advised that
This

measure

1970, a

he recalled

for

approximately a

inmateswereb7a&#39;;
that in i g 3
inmates

form was distributed

the

to answer either yes or no as to their desires of being interviewed by the attorneys representing the persons accused of .".-<*<~&#39;.~1-&#39; slaying MILLS. that he answered "no" that he did
....,._ g 1".i;.v!~1.i -V". , Q 1:" L .5.-=4 _" 7:""-E" ,&#39;. - .*>{_<

.% -.-v-_:-H.. -.7 -. .

to all

form requested

&#39;.-=;1;.~f,-; not _ V-_-, Tn

desire

to

be interviewed

in

connection

with

this

matter.

the majority of them told him that they also indicated that they
did not desire
correctional officer.

that he talked

to several of

the other
the

inmates and
the

to be interviewed

&#39;

concerning

slaying of

A $

y the attorneys whowere representing the accused. _

that the prison officials

they weretold by the prisonofficials that they hadto talk to b7 L

advised the inmates that they did not
did have to _:

after

_ however, that approximately two weeks the form was distributed to the inmates of the Y-Wing,

.&#39;~ 72I ._ .,p ,. Ive

have to discuss the matter with the attorneys, however, -J8L-Lh8-8LLAL3AL-IEA2-O-Lh8Lt-d&&Lll8-O8G8#8iG 8b6&b$-6 &O

."&#39;-;&#39;;&#39;,"_".5
, mg . ".5?9 .e~.&#39; " . . <4

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2/16/11 ,,__

California &#39; ,=,,,,, sr 44-1o_ss

FAG rmd I J 6Dole dictated _., 2 /1 7 I 7 1

&#39; | |"i&#39;7 .~,. .;j .:,, , _"u*<-r~.$3. ._". 9.3

-,~P_,1.=. :;;.

g925vA

This document contains neither recommendations not of conclusions FBI.It is thepropertytheFIBI is loaned your the of end to agency: &#39;

Itend contents tobe its ore not distributed your outslde egeney. 2

i@@@;<~Y.<~=w~e "*~ ~ "1 *: &#39; * "l?* ;T*Y.i??"r*@*"fFf"*Y@7*75?&#39;* @ 9 ~as*<~<

.

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e? ill
.- a -

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:1 ?

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a
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had ii- .&#39;;fi?v% i $ -stated that&#39; he was in .&#39;, .-51 a and advisedthat were persons him these the_
SF 44-1053

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:E -.1, .52]

,M"_;-iv

3%?

&#39;!

FAG/rmd

they

desired

to discuss

the matter.

ed

first

by

an

attorney
to

who identified
that
howed

himself

as

This

attorney

indicated

he was the

attorney

for

him

photographs

According GE JACKSON,

,1?

whohad been accusedof murderingJOHN MILLS. stated

indicted for slaying MILLS._added that also

up to this time.he notaware to which was as persons been b7 had

showed

that 6

him photographs of other individuals who were inmates in the >92 Y *.-Jingand who thought might possibly be potential witf_&#39;r:1{:&#39; nesses for his client.-stated that&#39;he informed that ~~L 92&#39; _ e
he would discuss with
~-.1-.~

;vn

_-_-H; -

W " -&#39;3"-. .1 after -

he did not desire advised that a had

th interview

of thee interviewrecorded P and the interview. ised .

with was com leted

to talk, about any of the other inmates. _ tape recorder there during the period
asked him

him what

he had personally

observed,

however,

that

_*i_92; &#39;. --,,-4; .&#39; :1 ~&#39;

to talk

to another

attorney

who was in

an adjoining

room and who

was the attorney

for GEORGE JACKSON. This attorney

was-

%W W3. :# -1-4:; Irv-,1

+ ,7 . 31.. 1}; a

_who
in connection

wished question concerning observations to him his

th the slaying of the correctional officer,
ed that noon the completion of asked him if he would be willing the to interview testify

that he was then interviewed by-

for her cl ent, caoncr JACKSON. that he told her that did not desire to testify as long as he was a prisoner at :.$ ;_; &#39;Soledad. - "-1&#39;;:= .7 vg&#39;w_that he did not know any of the defeny. _ r dants personally, however, did know them by sight. _ ._ . .,..1
&#39;~ 7-$"::, . he to him in 755% ?- mentT made L.. .3: &#39;.

0: that ofthe none prison officials any madethreats orpromises zjg

connection with the above interviews. The only require:

:%% report in each ni ht California. kf;vT1,-Q h

with this work
~ .|

above attorneys whether or 1:. -- .0-"&#39;.3 them. further ferred to the ~._ ,&#39; was Permitted 0go out on J .4 .
furlough

by the

Soledad

prison

not he desired to be interviewed by 1

that in
ur

officials

was that

he advise

the
1

tember
ou h

19
rogram.
the

was transere hg

a work n
E

connection

program,

at

wo k

27 f&#39;-H
%% &#39; -;. mi :~,j v;&#39;<@i- ~11 ?>?> _ _ ., _,_; ii,
J Zr , , _. ., _ .._.____, .

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#-

FAG/rmd

ya . ,,. _.
i

-3 &#39;- I 1" &#39; <1 ".1 &#39;, C

however, he desire this n did not<=~n=em1ng ,,4 ormation 4$ rim; 1nfom=1<nthe Unted that Department be furnished to anyone outside of States of Justice. ?Z>&#39;:-ii m 1 1
ii-_.____.._ "L;-I

,2 <2 : -if Iii .5,-__,:_ { H ,,9"? ,1H >1;.~._&#39;92 F1 .. >1 -.4 -. ;~l ?~&#39;. >";. 7&#39; <=i

any attorneys in connection

Officer MILLS. _

ttheabovecontacts up to withtime {7%b mentioned contacts attorneys were the only this that b
with the Slaying of

_that he

would furnishsome additional

&#39; 0/

4 .&#39;;&#39;}"_%?192
32&#39; I

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that t e orma

ormatlon rurnxshed
desired to disclose con-

ch he

this

matter at

this time.

2-Q1 ,3 -.J&#39;~ -5 _~ l Mi;

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1". M ,._~.__ ,7-1 FM -1.

Attorney on

February 16,

1971,

investigation is

not necessary

at

_. :.&#39;-&#39; 1

4 :; ~-;A;__.92.y;92 ._i&#39;7}"1 &#39;~ --z:.~.> =&#39; I ,-Y &#39; !t; =&#39; &#39;.,?5,";A. V-&#39;.. . .&#39;2, ._&#39;;4_";;&#39;~.&#39;| .. Q41,"{

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__ _ __

92

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OPCA-20 2-3-96! /i
FEDERAL BUREAU OF
FOIPA

_
XXXXXX

INVESTIGATION

DELETED PAGE

INFORMATION SHEET

[L Page s! withheld entirely at this location in le. morethe following the One or of statements, where indicated,
explain thisdeletion. material available for indicated below withno segregable El Deletions were madepursuant tothe exemptions
release to you. Section 552 E] b! ! Section 552a

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El Documents originated another Government ies!. These with agency documentsreferredthat agency ies! were to
for review and direct response to you.

Pages contain information furnished Government agency ies!. advised FBI as by another You will be by the
to releasability of information the this following our consultation the other with agency ies!.
disposition ata later date.

Page s! withheld analrelease determination made. will advised inasmuch as has not been You be as to the
Pages were considered release not for as are duplicative they of

Page s! withheldfollowing reason s!: for the

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i51 f/<&#39;-/,-,7 ;;<_/-3 </7_7?</ , </5

XXXXXX XXXXXX XXXXXX

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J&#39;/ am was unxwzn DTATES

7, _ OURT

-Aosoaes

~ vaumso,

co FOR THE NORTHERN DISTRICT 0? CALIFORNIA LSSTEF .Acxson, FEEETA _

and JOH WESLEY uLvTHETT. I&#39;ll Z25 "

C Plaintiffs:
E. KERR Authori

gi f1 I, A- ~J- "-

I??> _aD

"v. d;;i?
State of " Chairman,

Action
I

EVELLE UUNGEh, kttorney General,

Califu:nia; H235? Ca1ifo:nia Adult California Deparnnent
&#39;

5 !lf92 92 Yr T"Vjf92fI? 92? 3.; ra star }_> ?92n [u&#39;.;.&#39;uD -~~ &#39;f;&#39;t92 _ " .&..-&#39;.:~.&#39;1._L..-92, r

._._ -4&#39; ns; I of Ccrreazic

a no NILLIAM ; CURLlS, Dis5rict~A:tornei Monterey, California, H Defendan s.

;~7 Berke1=y.

~ "

California 91705

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>" &#39;ooMPLAIng_Ann 5FE1uAvIs IN

L 1 _ V ROBERT REGLI 205 Telegraph bvenue _

SUfQRQ_? &#39; _: P4- _

4 _

E#153
Of Counsel

84>-4123

E10 N. Third Street San Jose, California = o6! 28-121;

and

JOHN THOENE

~ .?>W

ROBERT BARTELS

2025 California Mountain View

Of Counsel

Avenue lifornia

FAY STENBER 15! 845-

2905-Telegraph Aveaue
--

<u15!_96u-714

Berkeloy. faI :rn1a Attorneys for

George L.
_ -92

94705

Plaintiff

Jackson

sasznon

Berkeley, California
#15! 5na_s2os

OTIS 281% Kelsey

95055 _

FLOYD SILLIKAN

130 N. Gabilan Salinas, Califcrnia

_ Of Counsel
92

03! 323-G051

Attorney for
John w-

Plaintiff

Ciu oh te

E .- K-&#39;_&#39;:" 45 s. 41J1_=.z? c.-Q

_ -4--. &#39; ._, II. Burgh". La! -C-ivwz/fw f = &#39;:"

RICHARD H. SILVER

P. 0. Drawer

3995

Carmel, California #03! 52k-1202

-, _i.{}l"."-,&#39;*7;=-i"
. -;9,,;. 1;;

Q;

-ac!
Atcoraay for
Fleeta Orumgo

Plain

&#39; T-""&#39; 1 .- _ ,_

I Q v 1I ,r s I . &#39; I

Q &#39;-IN THE UNITED FOR THE NORTHERN DISTRICT

_! U
STATES DISTRICT COURT OF CALIFORNIA

csoncs LESTER J.-zczcsorz, FLEETA V &#39; 5

nnzmco, and JOHN wzstny ctumjcwrrp, U

_,_, -3-

"11"""&#39;r _ 4,3,
1 Ly 2-1:.-_ 0

&#39;. Plaintiffs,
- v. Civil Action

EVELLE YOUNGER, Attorney General, State of California; HENRY W. KERR, Chairman, California Adult Authority; RAYMOND K. PHOCUNIER, Director, California Department of Corrections; and WILLIAM CURTIS, District Attorney, Monterey County, California, Defendants.

&#39; nb.
_ .

COMPLAINT v

Now come plaintiffs, bgran through their attorneys,

,a_ .,L ~ .., J"; I? , "Q -. ;&#39; z 5 L Q , . r I. _ I

and complaining

against defendants,_say:

&#39; A
The Jurisdiction 0 Constitution but not 1 I of the limited to

1
of this Court&#39;is based of America, Five, Six, upon the United States Amendments One, including, Eight, Nine,

I;

Thirteen, Fourteen,
United States

and Fifteen;
of America,

and the

Statutes
not limited

of the
to

| a r&#39; ll .~_ . <

including, but

&#39;92_- ____

E .
i S-

B2 U.S.C. Sections 1983, 1985; 28 U.S.C. Sections 1353, 2201,

-Z202. . The amount 2 _ in controversy, exclusive &#39; _ of interest

and costs, = 1 =0 &#39;92

5

exceeds $10,000.

_ ,_,

9292 Plaintiff,
92 ek
0 J I

George Lester : &#39;:a year old Jackson, is 29 7 " 4 _a~:_~-rd -; "

v_1__.

&#39;5?

&#39;92_

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4

&#39; ,

&#39;

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Black citizen theUnited States America is of of who and for the past years been ten has confined in prison by State the
of California for a term of one year to life.
-~" &#39; . 11 .

Plaintiff, Fleets Drumgo, is a 23_yearold Black citizen of,th United States America is of whoand who has been confined prison by theState ofCalifornia to serve in

a term of six months to fifteen years.

&#39; 92 ~ r &#39;

"
-

2
_ ,_,__-as -

M ,.-

Plaintiff; John w, Clutchette is a yea:-old 27

Black citizen theUnited States America is of of who and who has been confined in prison by State California to the of
; 6--

serve of six a term months to years. -&#39; fifteen

Defendant, Evelle Younger is AttorneyGeneral the

of theState ofCalifornia, and is he the successor office in

to the Attorney General State.of California of the during

1 : 1 d some of times acts the the complainedherein were of committe the Attorney General of State California the chief the of is

law enforcement officer of the State whose

duties include

investigation and prosecutioncrimes committed the of within State; is his duty it under the Constitution the United of
States of America, not to convict, but tosee that Justice
is done.
~

&#39; -

Defendant, W. Kerr,Chairman Adult Henryis of the

-&#39;L

Authority for State California; his the of duties include

but arenot limited to the holding ofhearings for the

parole of persons committed by and theState to prison in

of California, in order to determine whether such persons

shall be admitted parole from sentences to their to prison.

3

as &#39;1

&#39; &#39;

- .. _.., -__ ;._. , ,.___-._._.

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&#39;

-. Defendant, RaymondProcunier, the Director K. is of the CaliforniaDepartment Corrections; duties of his

include are notlimitedto the control, but custody, and

I 3
i

maintenance of prison inmates facilitiesfor and and in

the State of California. * -

"1 t~
Defendant, William Curtis, is the District &#39; Attorneyfor the County Monterey, of State of California;
&#39;

his dutiesinclude are not limited to the investigation but

and prosecution crime of committed theCounty within of Monterey.

10

-&#39;

- Atall times mentioned the and herein acts conduct

of defendants complained wereandare being of committed by defendants, their agents,servants, employees the or with

express or implied knowledge ofdefendants; or consent and

at all times mentioned the actsof defendants, herein their agents, servants employees committed acting or were while under colorof State Law. Hereinafter, term the "defendants" shall-be used mean defendants, agents, to the their servants,
or employees. -

ll

Plaintiffs are eachcharged a single State in

Court Indictment, same the being CR-ZRQS, originating the in

as -SuperiorCourt theCountyMonterey, of Californi for of State

and nhichis now pending a resultof.anorder as granting

plaintiffs change ofvenue,the in Superior forthe Court

Cityand County San of Francisco, of California. State
L - T 3

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&#39; is chargedin said Indictment that plaintiff It

George L. Jackson, on January1970 did 16, violate Section

N500 of Penal the Code of Stateof Californiaby committhe ting, while serving alife sentence a state prison,an~ in assault upon John Mills, one VL and_that as aresult of said assault, John Mills died; it is V. charged in said Indictment

that plaintiff Fleeta Drumgo plaintiffJohn W. and 1t3

u 1

on January 1970 violate Section U501 the Penal. 16, did of

in a California State correctional facility, an assault upon

&#39;

Code ofthe State of California by committin, while confined oneJohn V. Mills by means of force likely to producebodily

injury; itis further charged in Indictmentplainsaid that

tiffs did violate Section 187 of the PenalCode of State the

of California, by murdering John Mi1ls_cn one V. January 16,

1910. &#39; _ ,

.ll

--

A trial

date has not been set on the charges

contained in the above described Indictment, but is likely it that the setting of a trial date is imminent; plaintiffs and their_attorneys in said State Court proceedings have been _ and theyare, within the confinesof the constitutional
1.

deprivations described investigating trying below, and to

prepare for trial of the charges pending the against the

plaintiffs. 9
A in

92

-&#39; &#39;

For a long time prior to January 16, 1970,

defendants, their predecessors office, haveengaged in in a course or conduct separately together, and which was and

ef 92.p7__

at

which is intentionally and deliberately calculateddeny to to persons incarcerated prison facilitiesof theState r
- h -

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_

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~_ _&#39; -_ __-1 ~-w-_ _ &#39;=-=_ _:_.,.

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&#39;

_!

of California rights guaranteed suchpersons by , to the

Constitution of United the States America;history of the

of the most shocking, horrendous, and constitutional flagrant
1 violations as well as ignoring of disregard human the and for

rights and decency PiFa ? in .5. ;inc,:_;L, the by has required Federal Court intervention in past, the has

&#39; required legislative investigations, and has earned the for

State of Californiareputationthe Lost a of scandalous
nature in fieldof penal the correction; the discriminatory, oppressive, and unconstitutional pattern of tonduct the by

persons referred this paragraph up to within continues to

, the present time, unlessrelief and the asked herein. is for 1 _ _ granted, it shall continue the future,the into to irreparable
harm of
,- &#39;

plaintiffs.

&#39; f

From almostmoment death of the of the John Y. Mills, defendants engaged continuingengage, have and are to . v-**""&#39;*
in a systematic pattern of conduct, separatelytogether, and

-2-2

which calculated to which depriyeplainti is and does the

tion
1 cular

of rights, privileges and immunities secured by the Constitu-

and laws United States and parti &#39; cf the of America,in

said conduct deprives plaintiffs, criminal case _ ,&#39; . in the |

pending against the effective them, of assistance of counsel,

the right confront to witnesses against and 92> 92 them obtain &#39; witnesses their behalf, &#39;Z_i_due process in {air trial, of law, _ &#39; I - equalprotection of and lag, _ freedcm from of bonds slavery; V A
1 privileges and immunities referred to herein.
-5-,

unless the relief requested herein is granted, plaintiffs shall irreparably suffer loss destruction rights, and of these

__

,__

&#39; -

_ _ __,

_ _-

....._, ._...._.-r

&#39; I &#39;r_-_?-.___

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rkw!

-1/!
.The

i
systematic pattern conduct of complained of
&#39; found dying on
-

herein and committed defendants, includesis not_ by but

limited to the following: e From

the moment John V.hills was

January 16, 1970, approximately inmates the California 165 of

1 Training Facility where Mills workedas a guard andwhere

he redeived injuries; were subjected humiliatingand his to

- badgering interrogation without benefit advice the of by

counsel, family, or friends; such conduct by defendants

continued
Icharged

for approximately full week, during one which

were placed in isolation _ 16b _ and they were _ -

time plaintiffs

in the Indictment asis hereinabove forth. set

- _ Several

alleged and prospective witnesses for the

prosecution against plaintiff; have the been and receiare
ving special and favored treatment, and they have been promised specialari favored treatment bydefendants if they
offer testimony against the plaintiffs at their trial.

, Plaintiffs

and their

counsel havesought to

question and interview persons weretheCorrectional"&#39; who at

Training Facilityat Soledad the time of the death at of
John V. Mills; their efforts were early met by refusals by

defendants to allow them do so andlater by difficulties to hereinafter described;by transferring prospective witnesses to facilities scattered throughout State of California, the

and by threats and intimidation ofsuch prospective witnesses.

When plaintiffs obtained court a order to interview said inmates, defendants ordered, encouraged or permitted a form"
i 6 _

as by

.._ 0-

__ J ,

__s.._--_ ____

-_

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Q
letter, a copy of which is

1!
further

.
marked

attached hereto and is

"Exhibit A the effect of which procedurewas a

designed intimidation of prospective witnesses for he_

plaintiffs. .
" referred

i "I

&#39;

.12

Ninety percent of the inmates to whomthe form to in the preceding paragraph was submitted,

becauseof fear for their personal safety at the handsof _ defendants, and becauseof fear of
their paroles

the possibility of having

denied because of known and threatened repri-

sals bydefendants, refused indicate willingness be to a to

interviewed by counsel for plaintiffs; counsel for plain-

tiffs,

nevertheless, pursued
to counsel

their duty to
for plaintiffs

interview such &#39;

for

inmates, of some such and R0 inmates interviewed, gave&#39; 38

information
4

which is relevant

plaintiffs plaintiffs were

that if they

defense; during such interviews counsel for told that inmates did not want to sign the
because they were afraid did so, their chances for parole would be ended, safety and lives; some

form submitted by prison officials

and that they were in fear for their

of the inmates interviewed so reported that theyhave been

kept in maximum security facilities V. Mills, without disciplinary against them;
is relevant been told and helpful by defendants for that

since the death of

John

charges having been brought

of plaintiffs, have

several inmates whopossessinformation which

the defense if they offer helpful informa-

tion to the plaintiffs or their counsel,_theythe inmates!

will not leave prison alive; as one inmate wrote to counsel

for oneof the plaintiffs, &#39;

I was in Y wing in Soledad when officer
Mills

&#39;
know some things that

helpful...

died

and I

One of the reasons why I

- 7 _

did

are

~j_,-_... _ . .__ . l__.___ ..._ 7 V d_.._,s- .-,,__ .. _-_ ..., . .7 _.._. 4 __._- ~---I

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.__-_.

_ 0 &#39;_-.._.i,.i__.____._.-.. ..

---V ------~_,~_f---,T_--__ .. 3 I

92/ &#39; J _
&#39; was scared what

_ There is guys here who

the officials here might

not come forward sooner was because I to help but like

.do

to me...

me they are scared....

wants_

_ 16

&#39; &#39;_ &#39;

1

OneY wing inmate appeared a for parole hearing

before the Adult Authority in-July, 1970; he was askedat

I |

the hearing whether he was going to

be a witness for the

plaintiffs, and was he questioned about his what testimony

would he;when he questioned the-Adult Authority aboutthe

relevancy of their inquiries

to his right to

parole,he was

told to shut up and to leave the room;his parole was not

granted, and is he now confined to wing the Soledad X at

Training Facility without privileges becausemay be a he

witness for plaintiffs. the

16f A

&#39; f v
&#39;

An inmate who is believed by defendants to be &#39;

giving relevant and helpful information to counsel for

plaintiffs for the defense plaintiffs, is named of Thomas

i:_eneweathe3 in July, were called 1970, two-inmates from

their cells defendants where wereoffered favored by they treatment paroles within a year if the inmates would kill
Meneweather. .

0 I

,A165

An inmatewho hasknowledge ofsome events surrounding the criminal_charges against plaintiffs, was

informed by defendants thatit would be-wise to Folsom Prison andit was intimated to him

for him_to that if he did

forget what knows he about those events;.he was transferred

not forgetabout those events, he might be killed by prison

guards in gun the towers, all whom given photoof were his graph; he transferred Folsom was from Priscn only after he _3.. A l

._#~*&#39;=

W. _--

-/ _ ..__

-_ ..__ _,.- .

-_

&#39;

0 I a r I

92

._

v_

92_. !
"obtained intervention
fearful for his life

by a United
and he knows that

States Senator; he is still

other inmates &#39; " have &#39;

- the

same fears.

_ _
at

An

inmatewhoin was the Scledad Training Facility

been confined
he had him

the time of the death of John V. Mills, has

has been visited on many occasions a bloody

in maximum security since danuary 16, l970; since that date

.he

by defendants; belonging to

been told
a was found at the forgoing alleged palm

by them that
the site
to him

palm print

where Mills died; the persons who told

know or should know, that in fact the

print does

not belong

to the

inmate; the

same

inmate has been told by defendants, that he would be treated

well if
.-

he cooperated

with defendants

by offering

testimony

against plaintiffs;
he wrote to a California

the inmate

so feared

for his
for help;

safety that
an agent

State Senator

of defendants and he

visited the

inmate in

response to never be he offered

the letter, released testimony

informed the

inmate that

he would and until

from maximum security unless

against plaintiffs; in May, 1970, placed in

their lives
- they fail to

the inmate

is in

fear for food or

his life, and poison was

he was given contaminated his food;

if they offer
offer testimony

he knows of other
testimony for

inmates who fear for

plaintiffs or if

against plaintiffs.

&#39; 161

_
he was

92 Shortly
visited asked

after the
by defendants;

death

of John

V. Mills,

an nicely and

inmate was

he was.treated

whether would like to visit his f,ind;1ain he

L. Jackson. when he said that
After the

tiff George
taken for

he would, he was
visit he was

a visit

to Jackson.

threatened and intimidated by defendants, at which time -&#39;9 -

he &#39;

__._f&#39;f&#39;.&#39;:f,i&#39;T&#39;_".&#39;.l._if5 &#39;f;:,:_.e Y

.__.__---_..__ A .

. --- 1 0-" I&#39;. 1

A
~

was promised a ifhe falselythat parole would teskify in

his visit with Jackson that and _ Jackson, admitted he the other plaintiffsJohn inmate was killed V. the told

Q 92

that he did testify,inmate be if not so the never would paroled; when offer false the inmate to such refused testimony, hetold would his was that he for stubborness. pay
dants abuse another when physically inmate; incident this was reported, told&#39;that such the inmate if he was released information publiclywould setup again defendantsto him be in prison; same visited killed the inmate was by defenthat had informationthefor he if he favorable plaintiffs, would nottestifyit, and was it have to to he told that would contempt ofif refused be only court he to testify; the and clear of conversation was plain meaning the the suggestion that from truthful the inmate refrain offering testimony as witness for called if a the plaintiffs; shortly after conversation Just to, information the referred false was circulated the inmategoing in the prison that was to
testify prosectuion againstin an for the the plaintiffs obvious by effort to cause the inmate defendants harm to .&#39; &#39; 2&#39;_-J- _ ;-" D. &#39; &#39; - An inmate, prior 1970, observed to January, defen-

_ dants the death Mills;was shortly after John he told of V.

withinprison. the

&#39;

sent to potential witness-inmates in an offer attempt to

such letters are: &#39;

Attached and made hereto hereofletters a part are

16k -1-

legal protection to said inmates; some to of the replies

I have As ofrelease ofbe starting a tentative date December 7, 1970. December 7, I will
-10-

92&#39;92 _ -1_ g f

3 92*

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3*
92

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- &#39;

&#39;

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&#39;
Q I

my life again from scratch. It means that if I work like a dog for a few years, I might -have a wardrobe, transportation, and a place

-I

to stay

-parole... when I am released, I $68.00 they give me and a desire

harassment. -

certainly won&#39;t be at

It probably losemy Job,but in my opinion

all conducive

If you

subpoena me, not only

will

will have to stay

v

to my

the

out.

Please don&#39;tcause me

any unnecessary

0 1

It isn&#39;t my nature to be nice to someone in

trying to get me killed. You people talking about protection, whom do you think you could

l E
ful and

__ protect?

Certainly no

inmate. y

&#39;_ 4
the Soledad Training Facility

-:_
who possess of the

I
information helpplaintiffs.
The

There are many other inmates who were present at

necessary to the defense

acts and that they

: u

conduct of fear for they give the cause

the defendants their lives testimony for referred to

have so intimidated them their chances at

of the .

or for

parole if trial of

the plaintiffs herein.

.,

&#39; ll

l
for the witnesses, California; D and State

In an effort

to obtain

truthful testimony

plaintiffs, and
counsel for
attached hereto

to afford

some protection to inmate

to the State Ear
Exhibits

plaintiffs appealed
and made a part

of

hereof are

which represent the correspondence referred to;

Bar of California indicated its refusal to assist

the

in the

protection of witnesses in any wayas appearsmore particularly from said Exhibits.

.V.

lg

_A

Because ofthe acts and conductof defendants as

above described, testimony on behalf of plaintiffs may be

or is forever lost; testimony

--n-

which may available is be

._j~{@,__ _ W

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&#39; . . =.

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,-

I_92.

&#39;

-;____/Y.
likely to be
of-parole, and
rights herein

M !&#39;
lost by the threats and intimidation, refusal
possibly murder by defendants,
referred to
&#39; -

and those A

&#39; _ acting in concert with themto deprive plaintiffs of

and involved.
_-_ ~

the .

4!_

.19

Plaintiffs have

no other

adequate remedy.

_ rA_
&#39; Affidavits

_ Attached hereto and madepart hereof are a the

of Fay Stender, Jennie Rhine, Anthony Reyes, .

Clarence Morgan, Hugo Pinell,

and Charles P. Bryant.

Gary Francisco,

James Tsouras,

WHEREFORE ,plaintiffs
A

ask: &#39;
William Curtis,

-That
, I

defendants

Evelle Younger,

their agents, servants and employees be enjoined during the pendancy ofthis cause and uponfinal Judgment hereof, from &#39; proceeding in any manner whatsoever against plaintiffs

-George L. Jackson,Fleeta Drumgo, John and W.C1 thett_

for the _. ". . death of __ That during John V. Mills; or, VE the pendancy of this cause and upon in the alternative,

final Judgment hereof, defendants, their agents, servants and employees, enjoined from harassing, intimidating, be threatening, or coercing in any manner whatsoever, especially -physically abusing or causing to be physically abused, im-

92

properly disciplining

or causingto be improperly disciplined,

refusing tohold open fair parole hearing, refusing and and

to grant parole, to any personwhatsoever who does who or defendants, their agents, servants, or employees believe do
-12 -

.__._. _

. ..

..

. .._.

_,, __

__

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&#39;

possess any knowledge whatsoever of facts

and circumstances

surrounding the death of John V. Mills; and

&#39;.&#39;.._&#39; ~
1. -That
to January

:J

defendant Adult Authority forthwith hold a &#39;

l6, 1970, and for any inmate denied parole subse-

parole hearing for any inmate denieda hearing subsequent quent to January 15, 1970; and that at such
inmate be afforded the right to

hearing such &#39;

counsel, appointed or pri-

_vately retained; that Court and this appoint an appropriate

numberof official
as are held to

observers to appear at suth parole hearings

observe and to report to the Court, so as to

insure that

no inmate is denied

parole because of any testithe plaintiffs, directly or inability to offer

mony he has offered or which he may offer for and to insure that indirectly because
testimony against

no inmate be denied parole of any unwillingness or

the plaintiffs; and

D &#39; That all inmates of any California prison facility

who door who may have knowledge orinformation concerning

the death
of the United

of John

V. Mills be
Marshall or 1~-

placed forthwith
the Attorney ,

in the
General :1; :

custody
of the

United States 4 -: -

States of
nient Federal

America, to

be placed

in an

appropriate and
time as

convesuch

institution until

after such

inmates have testified in

the cause pending against plaintiffs,

in any cause relating to the death

-or

until a Judicial determination has been made such that

not testify

inmate need

of John V. Mills;
.E

and

&#39;
appoint appropriate
-13-

&#39; That

this Court

agents in

0_

.__

92.

"

&#39;

is
92 sufficient numbers to be assigned

V!
to each and every

&#39;
is any inmate who
and circum-

California

prison facility

at which there

does or who may have knowledge of the facts

stances of the death_of John V. Mills; and that such agents

of the Court be directed that the aforementioned relief specifically to insure and protect is carried out by defendants,

their agents, servants or

_ _ _ _

employees;and &#39;
E V ..

I. H

That a copy of this Orderbe given

to_eachand

every resident of Y
of a California

wing on January 16, 1970, and served

through paroleagent the of

prison

thoseonparole, and every

inmate

facility

who does or who may have

knowledge of the facts and circumstances surrounding the

death of John V. Mills; and 2
That an Order to Show Cause be issued directed to

each of the defendants, to show cause on the

their

agents,

servants,

or employees, 1971, at

day of ,

&#39; , relief above

this cause. &#39;

before this Court, if they have any why the should not be granted during the pendency of

E.

That this Court grant such other and further

as 1: may deem to be fair January , 1971. Respectfully and Just. A _

relief

DATED: ~

submitted,

. 2905 elegraph Avenue T Berkeley, California

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Joan THORNE_
. 510 N. Third Street San Jose, California

H08! 286 l2l2

e Iu ~ Attorneys George L. for Plaintiff Jackson .

_ YLOYD

&#39; ROB! .

.&#39; 130 Gabilan W. .Salinas, California

SILLIMAN
424-0061 Clutchette

_ &#39;Attorney

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for Plaintiff

RICHARD M. SILVER P. O. Drawer 3996 Carmel, California

H08! 62h-1202

p &#39; _

Attorney for Plaintiff Fleeta Drumgo ..

Roasaw REGLi

,2905

Telegraph Avenue Berkeley. Ca1ifornia9475 ih15! 845-4123

Of Counsel .

- ROBERT BARTELS 2025 California Avenue ~ Mountain View, California

_15!

Of Counsel

96-7157

SHELDON OTIS

&#39;28lh Kelsey
- Of Counsel

Berkeley, Celifornia
15! 5q3_20

94705

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AFFADAVIT ANTHONY OF REYES

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STATE OF CALIFORNIA !
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COUNTYOF MARIN

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ANTHONY REYES, being

first

duly sworn,deposes says; and

_&#39; I am inmate That an presently confined Quentin at San

to San Quentin in September,

StatePrison; that I was transferred

I969Soledad Training from Correctional Facility; &#39;

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That early atSoledad Captain in 1969 I observed Moody

That in August,1969, I sent an unauthorized letter

hwatch correctional two officers beat a handcuffed prisoner for

approximately ten minutes telling to stop X before them in wing";

fromSoledad which intercepted the officials. Captain was by

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29

JMoody to seecussed me and thatI had him J came me, out, said made
.

21 me In jargon, that arrange Afset prison this he up. means would for inmate guard 22 another or to killrme;
F . That in the early part of October, l97O,I wasvisited

look bad." Hethen that stated

if it happened he again,would

92_

byCaptain and Moody District Attorney Roderiguez at San Quentin; rthey me questions theday a prison was asked some about that guard . as killed Soledad; asked whethernot wouldtestify at they me or I for
2:

as

the andI replied Iwould I defense, when that I guess to have if 2e

2a 29 alot |that of
black inmates had word I was to gotten that going

assubpoenaed bythe defense, District Attorney Rodriquez said, 2-1 F Well, it&#39;sof only contempt if court you don&#39;t why ju testify, not sayto hell with subpoena. a Within about threeafter days that iv isit something started happenSan.Quentin. strange to at I notic

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for prosecution,was and informed the of I that claim &#39; rtestify the so

51 clear from was that authorities I:as to me whathappening the were trying killed; laterin themonth October, in Captain :2 to getme A A
In omenII INCKi HILL I VitrilaluAva-ul LIV. gaur.Q4765 Ill I4]-6922I _1_

y testifying relatedthe had been to inmatescustodian; by a it

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nldoody me visited again;-iI him asked point blank

-to me, and he denied it.

about the threat

4:TL2T?Fi?1 1&#39; -nzfeslsi 0:<1&#39;

before me this
.3" th day 0 &#39;

Subscribed and sworn to

197.4.

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15
16 17 18 19 20 21 .1 22 23 24 &#39;_ 25 26 27 28 _ 1 1 | 4

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&#39; K Kl ]:}c.1&#39; !-/;T/J NotaryPi.1b 1

I My 00, lnmminion unlnq 9, 1973

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* " " _.__ TATE CLUFOBNIA Q? KENNETH BEGNAL R. NOIAIY IUHIC COUNTYMAilN OF

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arrxonvzwor FAY

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8 COUNTYALAMEDA OF 18 I 19 1 FAY STENDER, being

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OF CALIFORNIA !. l STATE.! S5.

! first ; _ duly sworn, deposes and says:

&#39;

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&#39; 21

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1

20
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am one of the attorneys of record for George L.

Jackson,defendant thecase&#39; &#39; a in of California v. Jackson et al .

this capacity I havereceivedseveral letters frominmates of

1In

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no inmate could be singled the importance or relevance of said

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out by the prison authorities, nor

statement inmate&#39;s be re-

vealed to the authorities by the

71 0 0

order in which thedefensein-

.&#39; 10
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terviewed the inmates, the prison authorities required each L a 92 inmate to sign aform stating whether or he .t not wished to lk to the defense, whether not he wished mG and or a mber of the prison
staff present. Fully ninety percent of the inmates refused to

11 state onthe formthat theywishedtalk to

to the defense attorneys! However, upon insisting upon the &#39; CO rview right inte 13 all of the inmates, allbut two inmates of. some forty interviewed, &#39;
1492

have given affiant statements containing relevant material and

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information. Manyinmatesstated affiant that they were to some stated they fearedfor Y afraid for their parole chances and _ they even signed formsdistributed by the the 11 their lives, if

prison high of of 1a authorities.Atheyproportionthe tenpercentthe i inmates stated did wishsee defense attorneys who to the have maintained inmaximum security status fromJanuary l6 19 been to the present time, many without either disciplinary charges or any preferredby the district attorney. One such inmate, 20 charge with prison record 21such an excellent dateof that theAdult Authorityin recently gave a him parole December l970,remains 7,
~ I

22
23 24

maximum security status, although no disciplinary or other

charges have been brought against him. Several inmates told have
me that they have been
alive.

explicitly told that theywill not leave

received a letter from a Chicano

.25
2s &#39; 27? 28 -29 30* 31 32

the institution

Affiant recently

inmate stating:

-&#39;

and I know some things you must know that will help Jackson andthe others....0ne of the reasons whyI didn&#39;tforward sooner becausewas scared come was I what the officials here might do to me. But I have been mistreated enough and my opinion they found in &#39; out I knew,somethingso they are shipping me out &#39;

was in Y wing in Soledad when I Officer Mills died

up thenerveto write
-

and some other things also prevented from me getting

to you. This is the third

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me they are scared but they so much wants to help.

here at

letter I have written but the other two I chiekened out. There is guys here who wants to help but like I of course have to sneak this letter
Sole ad for you to get it

;&#39;
10? ll! 12

ciate it

if you don&#39;t mention it unless necessary."

some of the most frightened of these

so I

out of prison
would appre-

The.letters of

inmates will be available

to the Court, or, excerpts, with the

1:-

names deleted therefrom, bill be

92

made available

to theAttorney

General, the _ _14 upon hearingof the motions herein. &#39; 15 6; Q/to r16
_ I-_ _ <_/ o

.,1 YAYSTENDER.

11 1s
&#39; 19

Subscribed and
this 7th day of

sworn to before me
December, 1970

&#39;
,

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, :"4} :<.Notary-4 ; e-~~/HPublic, _%Z/-&#39;--*-J JEA}! S. ROSS,

in and for said County and State

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Q;-.;;}= noun.u4m-ecma .== ~: - *iizntwu crncs IN 1

Au-2&#39;.-s couerv MY Cbm s m Elgar: Sepren-.51-1 " 27. W74 &#39;_ r

g~ JEAN

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S.ROSS

$511

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