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Angola prisoner Bobby Sneed files petition in state court alleging unlawful detention – New Orleans, Louisiana

New Orleans, Louisiana 2021-10-11 17:57:51 –

Bobby Sneed, a 74-year-old Louisiana state prison in Angola, was stripped of previously granted parole by the state legislature in May. Petition In state court, he claims to have been illegally put in jail.

Sneed’s lawyer alleges that the Parole Commission violated state and federal law. Stripped his parole After accusing him of using drugs while in prison, despite the prison’s own disciplinary action clearing his charges. The petition states that the board violated public meeting law and did not take the necessary steps to revoke Sneed’s parole under state law. It also claims to have been motivated to return to Sneed by speaking in the press about his situation, in violation of Sneed’s first amendment.

“In retaliation for Mr. Sneed, and perhaps to set him as a model for future parole candidates, he hurriedly” put him back in the box “and sentenced the old man to death in prison. The board blatantly ignored its own procedures and violated both state and federal law, “the petition said.

Last month, Sneed’s lawyer submitted to the 19th District Court of Justice in Baton Rouge the first petition to nominate only Angola Warden Tim Hooper as a respondent. Last week, they submitted an up-to-date petition, including the Louisiana Amnesty Commission and Parole Commission and its managing director Francis Abbott, as respondents.

A spokesman for the Louisiana Public Security Corrections Bureau refused to comment on the petition, calling it a “parole issue.” Abbott declined to comment, saying he had not yet served in the case.

The petition’s allegations are Previous Federal Civil Rights Proceedings Sneed submitted a few weeks after his parole was stripped.That suit Dismissal Without prejudice in July. Judge John DeGravels of the Central District Court for Louisiana in Baton Rouge admitted that the complaint was “very annoying,” but said the case barred the case in federal court.

After spending 47 years in prison, Sneed was unanimously granted parole in March and was only a few days after his planned release when he collapsed in Angola and was taken to a nearby hospital. He was treated for COVID-19 after pneumonia, hypoxia and cardiac arrest. At some point, prison officials also performed drug tests, but eventually amphetamines and methamphetamines returned positive.

Instead of being released, Sneed was returned from the hospital to Angola and placed in administrative quarantine for several weeks waiting to be disciplined on suspicion of contraband.

An email recently obtained by Sneed’s lawyer and included in the filing show indicates that Francis Abbott has instructed staff members to: “Refrain from paperwork” It is related to the release of Sneed the day after Sneed collapsed.

In the petition, the e-mail said, “Mr. Abbott personally ordered Mr. Sneed’s illegal (excessive) detention without the legal authority to personally suspend Mr. Sneed’s release.”

A disciplinary hearing related to the accusation of Sneed’s contraband was held in early May. It was done privately, but according to a recently filed petition, Sneed’s lawyers said prison officials “(1) fraudulently modified their” Tox Cup “form in Mr Sneed’s case. (2) The urine sample was mishandled before being sent to an external laboratory. (3) It was not known how, when, or whether the intended urine sample was obtained from the unconscious Mr. Sneed. “

After a brief deliberation, the Disciplinary Action Commission found Sneed not guilty of contraband. At the same time, they added new disciplinary action for being in the wrong dorm when he collapsed — but this time it was withdrawn without a hearing shortly after it was announced.

Still, despite all disciplinary action being withdrawn, Tony Malabella, a member of the Parole Commission, has moved to cancel Sneed’s parole, with another hearing scheduled for the following week. rice field.

According to their policy, the Parole Commission was notified by the Secretary of Public Security Correction that the criminal violated the terms of the decision given by the board or committed an illegal act before the criminal was released. The decision can be revoked accordingly. ”The prisoner is then subject to a new hearing.

However, Sneed’s petition alleged that the policy was ignored, and no such notice from DOC Executive Secretary James Le Blanc was given to the Parole Commission.

The proceedings also allege that the board violated Louisiana’s Public Conference Act because it did not provide sufficient notice prior to the hearing. According to the petition, Louisiana law requires notification 24 hours before the public meeting. This does not include weekends, holidays, or announced days. Sneed’s lawyer was informed about the parole hearing to be held next Monday on Friday morning. That is, the required advance notice period did not begin until the Sneed hearing had already taken place.

In addition, despite the Parole Commission’s policy, the Parole Commission claims that under state law it does not have the authority to “revoke” the parole of prisoners after they have been granted parole. Instead, the petition claims that parole can only be “cancelled.” Parole has stricter due process requirements.

“Mr. Louisiana’s law did not” withdraw “Sneed’s parole because the concept of” withdrawal of parole “was unclear,” the petition said. “There is literally no state or federal appeals court that confirms that the Louisiana Parole Commission can’revoke’the grant of previous parole (of course, it can be done after the prisoner’s release date). There is no lawsuit to suggest. It goes back and forth more than a month ago. “

Thomas Frampton, Sneed’s lawyer, did not have the opportunity to meet with Sneed before the hearing on May 5 over his objection. Hospital — No evidence was presented or witnesses were called in, but Frampton claimed to have been denied access to his medical records.

(After hearing, Frampton says he was able to talk to Sneed’s “doctor” at the hospital. He said he didn’t remember Sneed admitting substance use during his stay.)

Still, the board unanimously voted to revoke Sneed’s parole, and he has remained in prison ever since.

According to Sneed’s leading lawyer, Justin Schmidt, there will be a hearing on Sneed’s petition scheduled for next week.

Angola prisoner Bobby Sneed files petition in state court alleging unlawful detention Source link Angola prisoner Bobby Sneed files petition in state court alleging unlawful detention

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