From: nattyreb@ix.netcom.com
Date: Tue, 11 May 1999 09:08:45
Subject: !*Khalfani Khaldun on Khalfani BAYE

FORWARDED MESSAGE
===================

 Mon, 10 May 1999 10:17:06 AM Eastern Daylight Time
 From:  "Mark Thiel" 

 RECOGNITION DUE FREEDOM FIGHTER

      From time to time it comes to each of us the opportunity to become
 aware of someone who, by their own individual uniqueness, deserves a
 category of their own. For some of us it was El-hajj El Malik Shabazz
 (Malcolm X), and for others it was late and great Honorable Elijah
 Muhammed. I could go on listing our great heroes and sheroes, but equally
 important are those brothers and sisters who are unsung, who have made
 countless contributions that seem to have been overlooked or hidden in the
 shadows of the more recognized individuals. We are confronted with this
 reality throughout the US prison system.
      During my 13 and 1/2 years in prison, 4 and 1/2 of which I have stood
 accused of a murder I did not commit, I have seen many jailhouse lawyers
 challenge the courts, state and federal. But up until I met this very wise
 brother, Khalfani Baye, I though what the others were doing was effective.
 He proved me wrong. His familiarity with due process violations and
 procedural violations helped assure reversals of arbitrary sanctions
 brought against us by the IDOC. He is a valuable asset to the prison
 movement and the larger community as a whole. I have watched him work, and
 recently received his assistance on some disciplinary issues myself.
 Because of his tenacious attitude and service to others he has long been
 the target of calculated capricious treatment by the IDOC.
      Throughout his incarceration he has challenged various aspects of his
 imprisonment. These challenges span nearly 12 years, from an unjust
 conviction to civil suits alleging civil rights violations in the condition
 of his confinement...habeas corpus petitions challenging various aspects of
 the state disciplinary schemes (which have been effectively employed in
 unlawfully holding him since 1994)...administrative complaints exposing the
 racist policies and practices at the many prisons he has been confined
 in... and on and on.
      Consequently, the state’s attorney (through his agents), prison
 officials (through their agents : i.e. guards, counselors, case managers,
 grievance officers, conduct adjustment board, etc) have developed and
 demonstrated an anathema to him beyond description. This has manifested in
 prison lunchroom gossip and glamorization, which in turn resulted in
 retaliatory and discriminatory treatment : falsified reports of misconduct
 and desperate punishments inflicted through the disciplinary board.
     Prior to January 1999 (shortly after my arrival at MCC on a false
 disciplinary report of my own), I learned that he had maintained a clear
 disciplinary record for one year. However, since then he has been reported
 for “major misconduct” six times, despite the fact that he is, like myself,
 confined to cell 22 hours a day, and often 24 hours a day due to staff
 shortages.
      Two reports for “tampering with a locking device” were written in
 January and subsequently resolved. Another, written up by an ex-convict
 turned DOC employee (George Joe Black Williams) was modified twice, and
 eventually reduced to next to nothing. The punishments were in violation of
 his due process rights, despite which they remain a part of his record.
 These were followed by three reports of “threatening.” One was dismissed as
 being a duplicate report in spite of the fact that they were obviously
 different “events” in order to give an appearance of “fairness,” ignoring
 the false nature of all three reports.
      The remaining two reports were heard on 3/4/99. These were, it must be
 noted, the work of the ex-convict mentioned above. Sanctions were imposed
 which resulted in a demotion of Khalfani Baye’s earned credit class status
 from one to two, which altered his release date from prison. He was
 deprived of 90 days, requiring a release date of 2/24/2000, rather than
 10/1/99.
      Both of these cases should have been dismissed as violative of his
 clearly established rights, but the Conduct Adjustment Board stepped
 outside of recognized procedure. The superintendent acknowledged due
 process violation, and then himself proceeded outside clearly established
 procedure by ordering a re-hearing.
      The rehearing was held 4/15/99 and the original decision was upheld.
 The rehearing inherently denied him a fair hearing because its sole purpose
 was to correct violations in the first hearing. The evidence was prejudiced
 and a guilty finding was determined prior to the hearing. The clear purpose
 of the entire series of events was to push back his release date. This
 brother’s service is invaluable and he is needed out in society.
      Therefore, I ask that you reach out to him by showing your most
 effective support. He has helped many of us inside, and now we must help
 him. We must not let the state of Indiana successfully prevent yet another
 of our soldiers from securing his freedom.

 ALL POWER TO THE PEOPLE!!

 Brother Khalfani X. Khaldun
 #874304
 PO Box 557
 Westville, IN 46391


 To write to Khalfani Baye :

 Bro. Khalfani Baye
 s/n A. Hogan #875553
 PO Box 557
 Westville, IN 46391