Advocate calls for investigation into wrongdoings of NDOC after discovery

We received this from member Tonja Brown, per email of Dec 9th 2011, which witnesses of many possible cover ups and wrongdoings on behalf of NDOC and other State agencies:

Deputy A.G. Geddes was at the Board of Prison Commissioners' Meeting and had everything I said and presented stricken from the record:

To be placed on the Record of the Board of Prison Commissioners hearing set for December 5, 2011.

Tonja Brown, Advocate for the inmates and Advocate for the INNOCENT.

As an Advocate for several years I have witnessed the abuse of retaliatory behavior, discrimination, illegal acts committed and Slanderous statements made by NDOC as well as other State Agencies.

Recently during the Discovery Process in the litigation in Tonja Brown v Skolnik, et al., Case No. 157:10-cv-00679-ECR-VPC exculpatory evidence has now seen the light and it has had a profound impact on my Constitutional Rights as well as other inmates Constitutional Rights.

Because of this newly discovered evidence that had been withheld from Nolan Klein, inmates, and myself it now raises concerns and an investigation must be conducted by an outside Agency into the NDOC, Attorney General's Office, and the Inspector General's Office.

Governor Sandoval, I am requesting that you ask for an outside Investigation into the Attorney General's Office for Constitutional violations eg. withholding exculpatory evidence aka BRADY VIOLATIONS. It is apparent that the Attorney General cannot conduct any kind of an investigation into her own office because it would be a conflict of Interest.

I am demanding a letter of apology from NDOC, the Inspector General's Office, and the AG's Office. attached letters from Fred Huston, and Docs. NDOC 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935,

I am asking that this Board of Prison Commissioners file a complaint with the State Bar of Nevada against certain D.A.G.'s, William Geddes, Janet Traut for what I believe to be violations of the inmates Constitutional Rights and private citizen's.

For example Documents H& H 1084- 1089 a 2008 LETTER TO JANET E TRAUT, Senior Deputy AG, from NDOC Rev. Dr. Jane Foraker-Thompson regarding inmates Michael Spencer's and his suit.

Michael Spencer v Glen Whorton, et al USDC Case No 3:07-cv-00635-LHR-VPC. This letter details the NDOC's discriminatory and retaliatory acts made against certain Earth Based religions, aka Wiccans. Did Mr. Spencer ever receive this letter to be used to benefit his case? Or was it never turned over? He now has it on appeal in the 9th Circuit Court of Appeals.

In Don Helling's August 5, 2011 deposition in Tonja Brown v Skolnik, et al. Case No. 157:10-cv-00679-ECR-VPC pages 91 - 93, states that in 2007 "We converted over to a new system in '07, July of 07, which means all of the old data was flipped over into the new information system and when the information was flipped, and that --that errors occurred."

It appears that in 2007 inmate(s) had false felony charges placed on their OFFENDER INFORMATION SUMMARY AND THEY ARE NOT AWARE OF IT. There are other pages that refer to this problem too.

Then I refer you to inmate Joe Carpino's 2011 letter. In June the AG's office turned over some of the Discovery which clearly shows that 2005 Mr. Nolan Klein's Gang Affiliation is "Wiccan." This is referred to in the August 5, 2011 Deposition of Don Helling pg 156, NDOC 001642.

Tonja Brown v Skolnik, et al. Case No. 157:10-cv-00679-ECR-VPC

It is apparent that the Settlement Agreement in Klein v Helling 05-390 case was in non compliance, because, in 2009 he filed suit again in Klein v Corda Case No 3:09-cv-00387-LRH-RAM. One has to question that if this case was really settled then why was he taking it back in 2009, and why is the AR 810 still listed as a TEMPORARY AR? Don Helling's deposition will become a part of the record.

You have NDOC illegally listening in on legal phone calls between inmates and their attorneys going back from the 1990's through 2009 at least at 2- 3 Institutions.

2008 Case Don Evans, John Witerow, v NDOC ?? Interrogatories of Don Helling and Howard Skolnik.

July 29, 2011 Reports and Recommendation in the case. This case clearly shows that the Law office of Hager and Hearne were being illegally listened in on in Witherow when he would call the office of Hager and Hearne. This is now in Settlement negotiations. It should be noted that Nolan Klein was one of those whom NDOC illegally was listening in on it was documented and he received a letter of apology in 2004.

Tonja Brown v Skolnik, et al. Case No. 157:10-cv-00679-ECR-VPC Deposition of Don Helling page 148, and Deposition of Howard Skolnik August 12, 2011 page 71-72 refers to John Witherow, Don Evans case.

The ongoing of illegally opening up of legal mail. Documented and should be be placed on the record for the Board of Prison Commissioners December, 5, 2011 meeting, Letter from Joe Carpino and from attorney Travis Barrick. Mention of Wiccans and opening up legal mail.

Below: These Documents are a PUBLIC RECORD IN THE TONJA BROWN v SKOLNIK CASE. AND YES I CAN PRESENT THESE DOCUMENTS TO THE BOARD. These are NOT CONFIDENTIAL DOCUMENTS AS D.A.G. GEDDES HAS PUT ON THESE DOCUMENTS. There was no court Order to authorize this as a Confidential Document. Mr. Geddes was silencing my voice, my first amendment to clear my name. Everything that exonerated us from these slanderous accusations. They withheld the documentation that cleared us thereby violating Brady material, and unlawful prosecution.

Don Helling's deposition page 173. WHAT IS EXTREMELY CRUCIAL HERE IS ON PAGE 173 WHAT Mr. GEDDES SAID. Attached.

This is a prime example how the inmates have been treated unfairly over the years, because, not only did they do this to Nolan Klein, an innocent man they did this to a me, a private citizen in order to silence me from reporting the abuse within the system.

This exculpatory evidence was withheld from Mr. Klein, and myself and several other state and federal agencies. NDOC continued to keep the false, aka lies in their files knowing that we had been cleared of any wrong-doings. They continued to spread around these Slanderous investigative reports instead of removing the information that they knew was not true. They have continued to Slander, defamation of character of our names.

The State of Nevada has caused me to become physically ill and emotionally distressed from these false accusations.

Tonja Brown v Skolnik, et al. Case No. 157:10-cv-00679-ECR-VPC NDOC 00028 - 00036, 03811, 03854, 03855, 03856, 03857, 03935, 03911, 03912, 03935, AUGUST 5, 2011 Deposition of Don Helling to be placed on the record.

BRADY V MARYLAND

Tonja Brown
2907 Lukens Lane
Carson City, NV 89706

This is only a portion of the violations that come to my mind in the case of Tonja Brown v Skolnik, Klein v Helling, Michael Spencer v Glen Whorton, et al. USDC Case No 3:07-cv-00635-LHR-VPC. Religious issues, Don Evans, John Witherow v NDOC, phone calls.

NRS 199.210

Offering false evidence. A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

[1911 C&P § 92; RL § 6357; NCL § 10041]—(NRS A 1971, 150; 1979, 1421; 1995, 1175)

NRS 199.230

Preventing or dissuading person from testifying or producing evidence. A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:

1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.
[1911 C&P § 94; RL § 6359; NCL § 10043]—(NRS A 1967, 465; 1979, 1421; 1983, 1683; 1995, 1175)

NRS 199.150

Attempt to suborn perjury. Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor.

[1911 C&P § 86; RL § 6351; NCL § 10035]

CONSPIRACY

NRS 199.480 Penalties.

1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:

(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means, each person is guilty of a gross misdemeanor.

[1911 C&P § 112; RL § 6377; NCL § 10061]—(NRS A 1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343)

Note: because the document is in PDF format and we cannot reproduce it, nor do we have a link to it, we can however copy-paste Page 1, p. 91-93 and 230-232, plus the last one, p. 237 (of 237) here. For a PDF of this document, please contact Tonja Brown. This should also be available in the Minutes of the Board of State Prison Commissioners of December 5th, 2011.

[page 1]

UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 oOo
4

TONJA BROWN,
5 Administratrix of the
Estate of Nolan Klein and
6 TONJA BROWN, as an
individual,
7
Plaintiff,
8
vs. CASE NO. 3:10-CV-00679
9 HDM-VPC
STATE OF NEVADA DEPARTMENT
10 OF CORRECTIONS and HOWARD
SKOLNIK, Director of the
11 Department of Corrections,
12 Defendants.
____________________________/

13
14
15
16 DEPOSITION OF
17 DON HELLING
18 Friday, August 5, 2011
19 Reno, Nevada

20

21

22

23

24

REPORTED BY: MICHELLE BLAZER
25 CCR #469 (NV) - CSR #3361 (CA)
----------------------
P. 91-93, about false information in prisoners' I-files:

1 number 28, specifically towards the top of the page the

2 second title portion where it says "prior felony

3 convictions/holds and detainers"?

4 A Yes.

5 Q Was Nolan Klein convicted of battery with intent

6 to commit a crime in June 2007?

7 A That's what it appears to say on this report.

8 Q And so in this summary here it would reflect

9 somewhere in the narrative connected to that date how he

10 came to be convicted of that crime while he was in

11 custody at NDOC; right?

12 MR. GEDDES: Foundation, assumes facts not in

13 evidence.

14 BY MR. HAGER:

15 Q This is the Offender Information Summary --

16 A Right.

17 Q -- that you brought with you today and that the

18 attorney for the Nevada Department of Corrections has had

19 Bates numbered and produced in this case that relates to

20 Nolan Klein; correct?

21 A Correct.

22 Q Could you direct my attention in that document,

23 sir, to where it says that Mr. Klein was convicted of

24 either battery with intent to commit a crime, or the next

25 entry there, burglary, on June 5th, 2007 while in custody

Brown v. State of Nevada Don Helling Page 92

Bonanza Reporting - Reno (775) 786-7655 1111 Forest Street Reno, NV 89509

p. 92

1 of the Nevada Department of Corrections?

2 MR. GEDDES: Same objections.

3 THE WITNESS: In reviewing the case notes of

4 2007 there is no indication of any type of conviction in

5 that year.

6 BY MR. HAGER:

7 Q So can you explain to me, then, as the then

8 Deputy Director of the Nevada Department of Corrections,

9 how these two entries here reflecting either a felony

10 conviction, hold and detainer for two felonies of Nolan

11 Klein as indicated on this Offender Information Summary?

12 MR. GEDDES: Objection, foundation, may call

13 for -- calls for speculation.

14 THE WITNESS: I can only speculate how it

15 occurred.

16 BY MR. HAGER:

17 Q What is your best understanding of why it would

18 be there?

19 MR. GEDDES: Same objections.

20 THE WITNESS: Speculating, we converted over to

21 a new system in '07, July of '07, which means all the old

22 data was flipped over into the new information system and

23 when the information was flipped, and that -- that errors

24 occurred. And that's just speculation.

25 BY MR. HAGER:

Brown v. State of Nevada Don Helling Page 93:

1 Q Is this the first time anybody has ever pointed

2 out to you that there are false representations in Mr.

3 Klein's Offender Information Summary regarding an alleged

4 criminal history while he was in custody at NDOC?

5 MR. GEDDES: Objection, foundation, assumes

6 facts not in evidence.

7 THE WITNESS: The first I recall.

8 BY MR. HAGER:

9 Q So it's news to you?

10 MR. GEDDES: Same objections.

11 BY MR. HAGER:

12 Q Is that correct?

13 A As I recall.

14 (Whereupon Plaintiff's Exhibit 8

15 was marked for identification.)

16 BY MR. HAGER:

17 Q You testified earlier about a settlement

18 agreement in a medical case in which, in essence, the

19 NDOC agreed to provide medical treatment to Mr. Klein in

20 addition to some other things; do you recall that?

21 MR. GEDDES: Objection.

22 THE WITNESS: Well, I would defer to what the

23 settlement --

Here is the full document (scroll down, please), password is: depo11: