Bamboozled (19 page)

Two events that stand out with Mr. Torrey that attest to his character and rehabilitation:

1. In 1982, he saved a correctional officer at CMF from being beaten and raped by another inmate, despite the retribution that was eventually taken against him. Torrey has always addressed the issue as “doing what was right” indicating that he had at least gained enough insight into his crime that he understood what the responsible thing to do was and he eventually suffered an assault by the inmate that attacked that officer.

2. While released on an appeal bond, Torrey was free to do as he chose, without parole or any other supervision. Torrey did not receive so much as a parking ticket in the two years he was out of prison. He was also living in Costa Rica at the time he was ordered back to prison. Instead of ignoring the order and remaining in Costa Rica, he returned and faced his peers and accepted responsibility for his actions.

In closing, Torrey has served his sentence with the utmost honor and integrity. He has conducted himself as all people should and has been an inspiration to other inmates as to how they need to conduct themselves. Mr. Torrey has great respect from his fellow inmates and staff. Rehabilitation is a key component when determining which inmate qualifies for release. Based on his years of incarceration coupled with all of his accomplishments that he has earned as a programming inmate, Mr. Torrey deserves another chance at being a productive citizen. Recommend he get this chance.

Joey was again called to legal mail from the loud speaker and was handed a letter from Vacaville, checked the name, and opened it while walking across the yard back to his cell block. Joey slowed his gait as he read, to the point that he claims he was standing in the middle of the yard while a soccer game was going on, with people yelling at him.

Counselor Bond had informed the old Captain Dave Arnold about Joey's case, and his lack of parole. Captain Arnold was now Warden Arnold and violated the unwritten rule of state administrators—he went to bat for an inmate. Arnold felt he saw a change in the Joey he had known as his inmate to the one who had saved his officer.

Joey was appointed yet another State Attorney who visited him, sure that he would be paroled; but then supposedly
requested $5,000 to “truly put [Joey] over the top,” or for $10,000, represent Joey in all levels of appeal when denied.

On February 2, 2011 Joey sat outside the hearing room as the sun set on the window behind the commissioner. He had to wait as yelling ensued between the Commissioner and other inmates for almost two hours, but finally it was Joey's turn and he entered the gloomy room with green name plates in front of each member.

He said everyone smiled except for Commissioner Gilliam, who instructed him, “Son be seated, what do you want?” Joey stated his name and what he expected to happen.

Commissioner Gilliam then turned to Joey's attorney and stated, “I have been here since 7:45 a.m. and Joey wants to hurry this up?” Joey burst out, “Bitch, I've been here since 1979, and I demand a fair shake!”

The Commissioner explained that Joey was being denied his freedom based on a history of violence and breaking the rules. Joey had received an Advisement of Expectations report for refusing to take a Tests of Adult Basic Education (TABE) test in 2004, claiming he had already taken one in 1979. Joey has since received his GED and Associate of Arts Degree.

The 76 year old Commissioner's voice rasped like that of a smoker, as she compared Joey to the previous inmate. Joey's state attorney then said, “Mr. Ramirez, has served his time!” Commissioner Gilliam replied, “Maybe if you got his name right and filed the 236-D Form he would be going home.” His parole was denied.

The commissioner asked Joey if he had anything to say. Joey stated, “Respectfully, Ma'am, Commissioner, how can I be considered a threat when I was released for two years, traveling the world and never committed not even a traffic ticket?” [sic]

Continuing to plead with the commissioner, Joey stated, “I was free for two years and every time my car went past 55 mph, I slowed thinking of this day, and how I was to turn myself in on 01/24/2004, and how proud you all would be of me, an old time lifer released after serving 25 years and returned.” Did Joey rewritte history that he'd turned himself in?

Without missing a beat, the Commissioner responded, “Unfortunately you were released, but I am going to solve this
right now because I'm tired, Parole denied until November 2013.

The hearing had gone by without a mention of him saving the officer from being raped or his 20 years without a serious infraction of the rules, other then refusing to take a TABE test. He now claims that the reason he did not take the TABE test is because they had identified him based on his old CDC number and that supposedly the instructors had told him only to appear for his current CDC number.

In a few months the Commissioner retired, forcing Joey to wait three more years for his next parole hearing.

California Board of Parole Hearings

Arthur Anderson, Presiding Commissioner

Post Office Box 4036

Sacramento, California

95812-4036

Subject: PETITION REVIEW

Dear Mr. Anderson;

I do hope that this missive finds you well. I wish to begin sorting out my hearing conundrum beginning with my May 1 , 2008 hearing that was a confusing calamity with the presiding Commissioner stating, “
There's something wrong here.
” (See attached “A”). The Department of Corrections failed to clear up this blunder; and I am again brought in front of you Commisioner Anderson on May 29, 2009. You tell me that I need to get credits for decades served and points made properly applicable. (See exhibit “B”). I then spend the next year in the law library getting all that you requested through a writ of Habeas Corpus, the courts corrected what the Department of Corrections refused to correct; while simultaneously I wrote the Board of Parole Hearings hoping that someone would correct this error (See exhibit “C” & “D” hereto).

Following this I was assured by your legal affairs division that a new hearing would be held as soon as possible. I was sure justice would prevail after complying with your directive and including two (2) years free in society, that would equate to my being paroled. (See exhibit “E”). Sir, I was assured by you and your associates, on and off the record, that this continued blunder and ‘bum rush' would end once I was given the credits that you requested.

On November 11 , 2010, I was inspired that I'd be paroled with all credits made applicable, but I was utterly astonished when the attorney John Dyer informed me prior to walking into the hearing that my hearing was going to be postponed
again
. He stated, after leaving Commissioner Arbaugh, “Good news is you are going to get a date. Bad news is they are postponing this hearing till you get a new Psychological report.” (See exhibit “F”). Heart in hand I was amazed that the BPH and CDC&R would of, and should of, known prior to this hearing that I needed this new Mental Health report; and once again was sure that on my new scheduled date February 2, 2011, justice would prevail!

Commissioner Anderson, I did
everything
that you asked of me to obtain my parole.
Everything
and more that has been asked of me. And sadly when I walked into the parole board hearing I was verbally disrespected by Commissioner Gilliam, and to this day ‘still' do not know why I was denied parole
but again
?

Commissioner Anderson, you looked in my eyes and gave me your word that if I did what you asked, all would be just fine. I have now served 33 years on a five (5) year plea agreement. I have watched kids parole who have half my time on much more brutal and heinous crimes. Commissioner Anderson you told me what to get corrected… And through my effort the court gave me back my old CDC&R number (C-47554), something that the Department of Corrections refused to do.

The courts stepped in and did what no one else would. Lets be honest Commissioner Anderson, I would not have been scheduled for a parole hearing in May of 2009 if I was not eligible right? I did what I was forced to do, burdening the courts. I am only a man who has been the best that he can be. The problem is that you request something, then I do not see you again? If you please take the time to read the attached Exhibit “F”, you will see that
Hearing Comments
state: “the inmate's attorney has prepared for this hearing and has requested to represent inmate at his next scheduled hearing.” Point in case sir, I was given a new attorney and
never
saw these Board Commissioners. This wasn't intentional, was it? Re-stacking the deck against me?

Respectfully, Commissioner Arthur Anderson, from one hearing to another I am informed to complete a task; then denied after completing what was requested of me. Therefore I am requesting a new, full and “fair” hearing; during the ‘day time' and not at 8:00 p.m.; as in my last hearing. Because, all I recall is Commisioner Gilliam stating how tired she was and to hurry it up.

In closing, I thank you for your valuable time on this critical (freedom) matter. I can only hope that you will do what is fail Commissioner Arthur Anderson. I have completed
everything
that was requested of me on May 29, 2009; and, to this date completed
every
task and, leaped through every hoop; I rightfully deserve a Petition review granted and new hearing forthwith…please.

Respectfully submitted,