Story of Beverly Diaz [Dias]
Compassionate Release
As Ann Kiliz's husband, Beverly's stepfather, I wish to thank everyone
in the UNION for the March 13 protest, Cayenne's television shows, your
letter campaign that you did early this spring and for your many months
of asking indifferent legislatives aides such as Matthew Gray in Senator
Vasconcellos office and Zimmeran in Senator Denham's office for help.
I am a retired design engineer from Boeing with many clearances and no
criminal record.
I was very active with Ann, Beverly Dias' mother and know how much the UNION meant to her, and she never lost faith that you would continue to fight for Beverly even on her death bed. The State of California not only sentenced Beverly to death but also my wife who died November 9, 2003 in an anguished state of mind. I never heard of any of these groups that are trying to claim credit for your hard work. I read the hate mail circulated all over the internet by Heidi Jones, Lucky Lil, and Lanie Vanatter and shook my head in disbelief that these foul-mouthed people could claim to represent inmates. They certainly did nothing to help achieve Beverly's release. I can only surmise they are CDC plants, sent to divide and conquer and undermine your amazing work. There wasn't one group that did anything to help except the UNION, except for one letter sent by a group to which Ann had no loyalty, who came in after everything was pretty much a done deal. Ann doesn't have one piece of paper in this huge pile of documents and never once mentioned the name of Justice Now. I never heard of them until the last few weeks and I know everything that has happened here in this uphill struggle for a miraculous compassionate release. For them to be claiming they did this campaign is a lie. And, I, as Beverly's step father and the person who financed her useless lawyers are going to make this very clear here. Matthew Gray is one of the people who allowed the need for a transplant to turn into a death sentence for Beverly by letting it go until cancer set in. He is trying to cover himself and he thinks that by discrediting B. Cayenne Bird, Frank Courser and the UNION, he will be able to lie out of it. But I know exactly who wouldn't listen. For many months, the UNION named Matthew Gray in Senator Vascocellos' office , Zimmerman in Senator Jeff Denham's office, Assemblymember Plescia and others in the daily newsletter. That much is fully documented to everyone who gets the newsletter and in my records here. I am just sorry that Cayenne, Frank and all of you in the UNION have been kicked in the face by this group Justice Now that I never once heard of until now, that's how minor their involvement was, and one of the guilty parties - Matthew Gray. They are controlling Beverly through her greedy ex-husband Lew. I do not know how the media can even call this terrible man her "husband." He isn't, but she's so sick, she's not able to see through what is going on here. I can see through it perfectly. This is greatly offensive to me as a long time dedicated UNION subscriber along with Beverly's mother, Ann. Cayenne's newsletter and promise to keep fighting for Beverly gave Ann hope until the very end. Tell me, what did all these people attacking Cayenne and the UNION do to help Beverly? This is the question. Show me the evidence of ANYTHING they did beyond sending an email to ask for a letter. We have reams of letters that did nothing to help but these were not sent by Justice Now or anyone in their purview. Beverly is not really able to conduct her business right now as she is very ill and being controlled by her ex-husband Lew, who divorced her as she is dying. He owes us money that he promised to pay back and never did. With Beverly's strong position for a lawsuit, I am sure he is seeing dollar signs and I just want it known that he is one of the biggest liars I ever met in my life. He took everything from Beverly and now lives in her house with his girlfriend. A dying Beverly released from prison without even the $200 owed to her and pain medication deserved more than she is getting from this S.O.B. I suspect that he and Matthew Gray are behind this campaign to discredit the UNION, but I want you all to know that I am not going along with it. I was here. And I know what happened. I never heard of any of these groups. Many appeals were made to Matthew Gray to help in writing, on the phone and in person by Cayenne Bird and others. Our family is planning a major lawsuit for cruel and usual punishment and medical neglect as Beverly is clearly unable to do this herself. I can tell you right now that Justice Now, Lew and Matthew Gray will never get these documents and will not be the ones to carry this lawsuit forward. What a terrible insult to those who rescued her this abuse has been, and I'll face anyone on it who says it was any different. Beverly is clearly being threatened and intimidated by people with hidden motives. Why anyone would want to hurt the UNION, when there is no other credible place to go, when there is no one putting out an honest effort anywhere comparable to you kind people, just amazes me. No one would help us except the UNION. The UNION alone won the compassionate release a long time before Justice
Now called for a letter. I never even knew who they were until they
started claiming responsibility. We recognize the UNION alone and
want the UNION to do the press campaign. I called Jim Wasserman at
Associated Press and asked him to put out on the wire that Justice Now
may NOT issue press releases here. What they managed to get into the press
is not even accurate. I told Associated Press and LA Chung at the
San Jose Mercury News to notify everyone that Justice Now is not authorized
to say anything on what went on here. They do not know. The UNION
was Ann's group and Matthew Gray was Ann's and Beverly's enemy. Cayenne
Bird is my friend, and she was Ann's BEST FRIEND through this ordeal.
I hope this clear.
Our daughter Beverly was indeed cruelly punished. She should never have been sentenced as sick as she was with Hep C and Cirrhosis of the liver in the first place. This is why Alameida lied when he sent a letter to the press saying that the system didn't know about the problem. I gave Beverly's medical records to Cayenne for her to share with press. I did not give records to any other family member, to Adrian Dell her lawyer, nor to anyone except Cayenne Bird and Frank Courser. It is very obvious to me that a lot of people will be helped with proper press coverage of Beverly's neglect and abuse right now. There are obviously people who don't want that to happen, but as a UNION subscriber and Beverly's stepfather, as someone who was involved in every step of this battle, I am not going to sit by quietly and watch these attacks of lies happen without involvement. Beverly could have had a transplant in February when the UNION started writing, protesting, notifying the legislators and do a lot of direct work. The State did not protect Beverly as they are obligated to do. They held her past the time that a transplant was possible. This is deliberate indifference that all of you witnessed. They also tortured her by ignoring her abcessed teeth for TWO years. We have all this all documented. We need the UNION and all those who can verify they asked people to help to stand for us. And everyone else who was always useless when we needed help is still useless and not even trying to show the wrongdoing that took place her. A person's life was ended by medical neglect. Only the UNION and your very capable director, B. Cayenne Bird who is a professional with a heart and an unpaid volunteer wants to expose the entire issue and do something to win compassionate releases for many others who deserve it. We wasted a lot of money on attorneys who also did nothing to help. Cayenne Bird took no money from us. Frank Courser put out a lot of money to help us. Slapping these people in the face for this historic good deed is something that other inmate families should not put up with. How can the UNION help others if people believe all these lies and garbage put out on the internet by people who actually hurt Beverly by their indifference? How does that benefit the thousands of inmates who deserve medical treatment and/or a compassionate release? I hope that everyone is outraged over this as I am, as other members of Beverly's family are who again, never heard of these other groups who are claiming credit here. The State needs to be held accountable for making my wife miserable, worrying her to an early death and killing our daughter. Only the UNION understands this is important and actually did a real campaign to put an end to it. Beverly's husband Lew is completely dishonest, had a girlfriend while his wife was in prison, he divorced her and it was final just two weeks ago while Beverly is dying. He only visited her three or four times a year, Lew told Beverly he had a new girlfriend and was going to divorce her which he did. She came home to live with her teen-aged son and his friends and not in her own home. He is behind promoting Justice Now because he knows that Beverly has a solid lawsuit and he wants to get control so he can have the money that would go for Karma. Anytime Ann would ask Lew to help with the most minor thing regarding her release, he would say "no" or say that he would do it and would never follow through. Now the press is portraying him to be the loving husband. Rubbish. I am the family member who has all of Beverly's records and Ann's records, and it was mine and Ann's money that financed the lawyers who should give us a rebate because they were of no use. If not for the UNION, Beverly would not be free. Ann had thousands of conversations with the doctors, the universities and politicians but it was when the television show was filmed that the doctors granted the release in early September. Dr. Zern at UC Davis signed first for the compassionate release as soon as he learned about the show exposing all the callousness. He didn't want his name to appear. Then it went to Dr. Follet at Valley State Prison. Everyone took their time and it wasn't until Cayenne called Alameida and threatened a UNION picket that the release moved forward. Anyone who tries to invalidate the facts must have ulterior motives because this is how it happened. I was there every step of the way, seven days a week from the time Beverly was jailed. I paid the lawyer, Adrian Dell, who took the money and wouldn't even return mine and Ann's calls. Once Beverly's release was approved by Judge Navarro, Adrian Dell did not even bother to call me to let me know, even though I footed the bill. Cayenne called me a few days later, otherwise I wouldn't even have known. Adrian Dell went to a hearing but she was useless. Any press who wants to speak with me directly may get the phone number
from Cayenne. I was an active part of all this and I'm really fed
up with the bull. Some of the reporters have already talked to me.
Now is the time to make a case for the rest of the people who deserve a
compassionate release. And the UNION is the deserving and proper
people to lead the charge.
Robert L. Kiliz
------------
Bob Kiliz is a dynamic man, a member of Mensa and will be working alongside us for all the rest of his days.
Posted in the UNION Newsletter August 6, 2003 Dear Frank,
First of all I want to thank you you so much Frank for all the support you and Cayenne have given me and going beyond the call of duty in everything you've done for me. My children are so grateful that you and Ms. Bird have invited them to do the segment on Aug. 19th to speak on my behalf. They will each be bringing their own copy of a letter to Gov. Gray Davis and each will be bringing a picture of us. You have been so kind to me. I will always hold that close to my heart. I truly believe if each human being gave an outreached hand of comfort and support that life would have meaning for everyone, regardless of how poor, how sick or how overwhelming the tragedy in our life have become. It is people like you and Ms. Bird and the countless others that whose names I do not know who over time have helped bring justice to the little people in life. I am making a pledge if my life is spared that I will devote my self and service to a good cause for those that have been treated unfairly. Your friend Beverly Diaz
Found this in my files, the evidence in many cases is clear that the same people dropped the ball time and time again. Big job digging it all out. March 11, 2003
I was contacted by Frank Corser regarding my Daughter who is in prison.
My Daughter was sentenced to 6 years for a drug infraction. I can give you the details when you wish. The problem is that she has been (for quite some time) diagnosed with Hepatitis C, Very severe Cirrhosis of the Liver, severe Portal Hypertension, Primary Liver Cancer She has had Banding on her Esophagus twice. The first time they put in 8 bands, I do not as yet know how many the second time. She has had 5 hernia repairs. She has had Radio Frequency Ablation on her primary tumor. It has gone from 5cm to 4cm. Now they have found a second lesion on her liver. The left lobe of her liver has enlarged and they feel it is due to a blockage that prevents necessary things getting to the right lobe. She has an enlarged Spleen, She has had bleeding, She is now experiencing fluid buidup. Beverly was told by Dr. Schnieder at UC Davis that it seems as though her liver is saying "goodbye". He said that he would only give her a year before she would be hospitalized with liver failure. He also found that she had two hernias. These were supposed to have been corrected at Madeira Hospital. He stated that if when she has a scan at their facility and he finds the hernia still there, there will be hell to pay. As long as the cancer is solely in her liver, she could have a transplant and live. As long as she is in prison her chances of getting on a transplant list or even getting a transplant are nil. On January 29, she had an appointment at UCD for a special 3 phase scan. After that she was to get a followup appointment to see Dr. Schnieder again to ascertain the results. He said that if her hernia's are still there he would have them repaired at UCD. Before she had the scan Dr. Schnieder sent a letter to the prison. He stated that Bev has an 80 percent chance of living 1 year. Her liver is classified as Childs B cirrhosis. I could fax you his complete letter if you wish. Dr. Zern, at UCD is a liver specialist. He is also head of the transplant team. He has seen Beverly and Dr. Schnieder wants him to see her again. I spoke with Dr. Zern and he is willing to evaluate Bev. I have tried to get Bev an appointment with him. UCD says the prison has to make the appointment. The prison won't answer my faxes or phone calls. I contact the Office Of Chief Over Medical in Sacramento. I spoke with a nurse, Kathleen Wall who said she would look into it. So far I haven't heard. We can't get Bev into court for a modification of sentence and we can't
apply for a compassionate release until the doctors say she only has 6
months to live. Her attorney and I plan to petition the governor for a
pardon, which we are sure he will deny. Frank thought you might speak with
Matt Gray and the Senator to see if they can do anything.
Sincerely, Ann Kiliz
The UNION folks worked on this campaign to release Beverly Diaz for nine months beginning in February, 2003. Dozens of pleas were issued to Matthew Gray for help and at least 60 people visited Senator Jeff Denham beginning in February 2003. Several lawsuits are being filed against Matthew Gray for callousness in answering inmate complaints, including one where my son was nearly killed at Mule Creek earlier this year. Frank Courser and I spent thousands of hours and hundreds of dollars fighting the bill proposed to make a law that transplants would officially be denied transplants in the last session. We did the first letter campaign months ago. The filming of the television show resulted in the actual compassionate release from the two doctors. Before that the answer was no. But we weren't the only ones. Harvey and Lettie Baker assisted in many, many ways, Astraea Kelly worked hard on this campaign, Matthew Gray told Ann McNulty that she was stupid when she appealed to him to help. At least 60 people crowded into Denham's office and begged for mercy for Beverly. Sarah Chappell made a passionate plea that day and later. It was a tremendous group effort and since we are by subscription only for active writing, picketing, suing, recruiting, voters, you cannot know what we do or do not do. But we are now six years old. The UNION is usually the only voice for inmates in showing up in the legislature. There are many inmate email groups but they do not picket in Sacramento, bring crowds to hearings, file lawsuits or do actual activism. We were the only people to show up the Dillard trial to back Rob Bastian recently. He is witness to our entire campaign for Beverly Diaz as well. Yes, I have my own television show, I have been a journalist for 35 years. Ann Kilitz Beverly's mother, made her last trip to appear on it with Beverly's children this summer before she died. We filmed a l/2 hour segment and poor Beverly's mother named every person that she had begged for help and was ignored. We have documented MANY complaints where Matthew Gray has been responsible for a permanent injury or death due to callousness but he is not the only one. He was also callous to the notification that John Bolander expected to be killed this summer after his accusation of child molestation ended visits for thousands of children and their inmates. I was the only person to show up to battle this bill which DID NOT turn into a law, but did turn into a "rule." There was no one else there to stand up for this but little ole' me. I did a television show about Bolander which did air and his entire family are active supporters of the UNION. The threat of a picket of Alameida's office and senatorial assistance, a nine month campaign, and television shows which are currently being edited but very clear on the 3/4 tape (Frank has only a VHS) will tell this story. Additionally, I have filmed eight other shows with dynamic guests all of them UNION folks. So as people who never write a letter to editors, never show up to important hearings, file a lawsuit, maintain a database of committed writers and protesters fail to organize, it isn't wise to throw stones at the one group who is always there fighting on behalf of inmates since 1998. People must take the personal responsibility to picket in Sacramento. That is where the war is located. The legislators find it quite amusing that the families of prisoners cannot bring 1000 people to stand up for inmates, cannot find the 6500 necessary to do initiative campaigns, write to one another instead of to editors. But they know this is not the case with the UNION. And Matthew Gray is a very lucky young man that I don't print all the letters that have arrived about deaths and suffering that he caused by not following through. We have gathered 630 names for a class action lawsuit over the visiting and new packages policies. To change a rule requires a lawsuit. To change a law requires an initiative campaign. We do not have in-fighting in the UNION. Our people are doctors, teachers, nurses, social workers, four journalists who write about and assist with our campaigns, lawyers, public defenders and I, personally have been published on a multitude of issues. So, the UNION did in fact achieve the release of Beverly Diaz and why did Matthew Gray take nine months to get around to it? I have never taken a salary for my work as a professional organizer and journalist on behalf of inmates. And as I said, the only people I ever see showing up to hearings are Drug Policy Alliance, ACLU, Friends Committee on Legislation and myself. Email groups cannot achieve reform unless they are going to do lawsuits and initiative campaigns. But in 1998 when I entered the prison reform movement, there were no journalists writing about abuses at all except for Mark Arax who has quoted me many times over the years. I invite you to get serious about organizing, we do have cooperating groups and clergy in the UNION but writing and showing up for picketing is key to showing that everyone has the intelligence to properly organize the large number of people necessary. Our lawsuit for visiting and packages will go forward when I see 2600 workers. If others have been injured due to callous aides in the legislature, I urge you to contact me for the federal lawsuit we already have in progress naming 85 CDC employees. Lawsuits and initiative campaigns is the only language that carries teeth. We are doing that on behalf of everyone, and yes, we did force the release of Beverly Diaz. It's historical! Letter campaigns to politicians and officials are thrown in the garbage can (although we did one for Beverly last Spring). 1000 people at a picket is never ignored. The current flu epidemic which we've been preparing for and alerting legislators about will claim many lives of inmates who already have weakened immune systems. If I see enough participants we would like to picket to back up the demand I made to Alameida's office for disinfectant, more sanitary food handling, and a number of other vital health care issues that will minimize the death toll. Compromised inmates cannot survive some of these deadly strains of flu that have already claimed the lives of eleven children and sickened thousands across the country. The soldiers have been coming home sick. The inmates are vulnerable. There is an outbreak of staph and Pleasant Valley State Prison in the gym. This is not a time for silliness but a time to pull together and show that we do have the ability to organize large crowds and file lawsuits for preventable crises such as the one that is currently upon us. Beverly Diaz knows how she became the first person to be released. Both she and her mother have written us numerous letters of thanks. We get many complaints, as many as 500 per week, and there is no way that we can do a campaign as extensive as this one for everyone. But I have always thought that with 8000 plus cases of hepatitis being spread EVERY YEAR in California's prisons that we as citizens need to unite and make certain the transplants are available instead of "politically" denied. Some people pretend to be advocates. Some people actually are, I rest my case. B. Cayenne Bird
Dear Heidi, I have worked with Beverly and her family for over a year on her case. It was brought to my attention by my girl friend Lisa Connelly who is serving a life sentence under the three strikes law for a gram of meth. I speak with Beverly every week and sometimes twice a week. Beverly's mother Ann and Beverly's daughter Karma and Son Michael met me in San Jose and we all drove to Sacramento to film a production for Cayenne's show "Cayenne Common Sense" about Beverly's plight. I think it matters little about who takes credit or not except for the fact that Beverly comes home! She is my friend! Cayenne Bird did in fact hold a rally in Sacramento where 150 people showed up. WE did in fact walk the halls of the legislators and approach Jeff Denham on his bill that was later pulled that would end transplants for inmates. She did in fact contact Mary Wallace of the organ transplant center in Oakland for their official policy on transplants to inmates. The show is currently in editing and we are depending on volunteers since it is very expensive to pay editors. None of us have control over programming and it will appear on different cable channels in different time slots. There have been nine episodes of Cayenne Common Sense filmed. She has been working for days to find help in it's production so it can be released. Beverly's mother Ann passed away last week. Up until just a few weeks ago, It was only Cayenne myself and Justice now, I met them at the prison, working to help Beverly. I listened to the phone messages from Edward Alameida's office. The email was dictated from that message. It is time all the ego back biting politics stop! Let's all work together to win these battles! I belong to FACTS, CAVC and the UNION. I do as much as I can to win the freedom of my loved one and I will continue to do so. It is this attitude of trying to belittle someone that is trying to do the same thing we are all trying to do. " Save our loved ones" must end. Please learn the facts before attacking any one in the future. Frank Courser Friend of Beverly Diaz. Please feel free to write Beverly yourself if you have any doubt. Beverly Diaz W#89591
Subject: Beverly Diaz
CONTACTS I HAVE MADE ON MY DAUGHTER BEVERLY DIAZ'S BEHALF: 1. Dr. Forest Follett -HEAD OF MEDICAL AT VSPW.
November 25, 2003 Some people, specifically Edward Alameida, Director of the Department of Corrections, will sit down to a nice Thanksgiving dinner surrounded with their family members next week. To be sure, he had a stressful day last Friday when his named headlined most California media for a grilling in Federal Court over impeding an investigation at Pelican Bay. But overall, he will not be thinking about the prison slaves held captive in the bowels of tax-payer financed bloodhouses nor their devastated families as he cozies up and counts his blessings. Alameida will not be thinking about a ten year old girl who lives in San Jose named Karma Diaz, a delightful, witty little person who wants to be an actress when she grows up. Nor of her mother Beverly Diaz who is dying in prison of medical neglect which was most likely totally avoidable if only care had been given to her sooner. The judge knew that Beverly Diaz needed serious medical care when he gave her a SIX YEAR sentence for drug use. That sentence turned into a death sentence for Beverly. Is that what you as a taxpayer intended? That six year drug use sentences should result in a cruel and painful death from cancer and hepatitis due to medical neglect? Yesterday, November 24, Edward Alameida ignored the recommendations for a compassionate release of two doctors who told him months ago that Beverly Diaz had less than six months to live. Alameida has officially denied a compassionate release that would send her home to die with her 19 year old son Michael and ten year old daughter Karma at her side. Alameida is breaking the laws of our State that says an inmate should be compassionately released if they have six months or less to live. Most people dying of cancer and liver failure are kept in a comfort zone and actually given drugs in their final days. But Alameida says that because Beverly can still walk that she might "use" again and therefore should not be free. Alameida is breaking the laws of our Constitution that forbids Cruel and Unusual Punishment. Alameida's cruelty to Beverly Diaz and her two children, Karma and Michael in unlawful denial of her right to die with dignity is worse than an interference in an investigation. Who will put him on trial for this deliberate murder by medical neglect if not you and I, the people of California financing this inhumanity with our hard-earned tax dollars? I would like to know from you what you want to do about this situation. What ACTION do you want to take here realizing that this could be YOUR loved one caught in the grips of monsters like Alameida. Sixty of us begged Senator Jeff Denham's staff for help for Beverly when a transplant was still possible. They wouldn't lift a finger to help. Dozens of us begged Matthew Gray of Senator Vasconcellos' office to step in and assist. He was equally as callous in this situation to everyone who asked. There is no help for inmates or their families in these life and death circumstances. What are we as the UNION going to do about this murder. An attorney was hired so this will cost us as taxpayers a million dollars eventually. But what about right now, when a little girl and her brother won't have their mother home for Thanksgiving because she might "use" again. What are we going to do about monsters such as Edward Alameida denying compassionate releases even when our State is totally bankrupt? I'd really like to know what YOU think should be done about this. YOU, personally. Is this what YOU as a taxpayer want to finance and call it crime prevention? What about Alameida's crime of murder by medical neglect, psychological torture of an entire San Jose family, and oppression to all the inmates witnessing the demise of Beverly Diaz wondering what will happen to them when they become sick. Tell me, should we at least picket Alameida's office? The inmates are all suffering epidemics out of control and deadly flu will break out any day. If I call you to picket this monster, over this and other health care threats, will you come? Should he be allowed to sit down and enjoy Thanksgiving dinner when he is no better than any mentally ill murderer on death row? What is YOUR answer. Are you callous to what is happening here and how it demeans and threatens you as well? If you do not stand up for others, who will stand up for you in your loved one's last days? If you were organized properly, they wouldn't DARE treat any inmate so cruelly. Your silence and inaction is allowing this situation. Would you like to get LOUD with me and put a stop to this or just be another victim of these heartless bullies? We can blast Alameida while he is under investigation for the second time this year, put the names of all those who have ignored our multiple pleas for help on picket signs and generate a crowd so we can warn about CDC's total inability to handle the upcoming flu epidemic. Or should we wait for more people to die. Tell me, will you come if I call you and bring a carload of people. Should those with strong unions who have had the good sense to elect and buy off legislators have a nice Thanksgiving while yours is one of sadness and worry? What will YOU do about this situation? Crowds in protest are vital when officials torture inmates and their families in this uncalled for manner. They can only hand out as much as YOU will tolerate. Cayenne
We punish people for crimes that aren't really crimes. The citizens of California passed Prop 215 and these men should not be on probation at all. Republicans are responsible for continuing the drug war, another issue to discuss with your misguided relatives over the holidays. Beverly Diaz and her family are victims of the drug war. When sick people take drugs, it is for relief and comfort. Do we as a people gain when sick people are criminalized. Rush Limbaugh wasn't criminalized for being an addict. Why not? Compelling questions.... http://courttv.com/news/2003/1125/marijuana_ap.html Medical marijuana center workers receive probation instead of prison term LOS ANGELES (AP) — Three men who pleaded guilty to distributing medical marijuana to seriously ill patients received probation instead of a federal prison term after a judge expressed admiration for their work and called the prosecution "badly misguided." Scott Imler, Jeff Yablan and Jeffrey Farrington received one year of probation and up to 250 hours of community service. They faced up to 30 months in prison after striking a plea bargain with prosecutors. "Though it was hard to keep faith in the system throughout this process, I know mine was restored today," Imler said Monday as he thanked U.S. District Judge A. Howard Matz for his leniency and prosecutors for treating him with respect. Matz said he was navigating "somewhat uncharted shoals" in making the downward departure from sentencing guidelines, but the three men did not distribute the marijuana for money or political leverage. He also said they scrupulously adhered to rules established under Proposition 215, the nation's first medical marijuana law, which allowed Californians with cancer, HIV and certain other chronic medical conditions to grow and use marijuana to ease nausea and other health problems if a physician recommends it. The 1996 state law conflicted with federal law banning the cultivation, possession and use of marijuana, even for medical purposes. The conflicting laws have led to numerous raids of medical marijuana centers and lawsuits. The men ran the Los Angeles Cannabis Resource Center for five years until 2001, when federal agents raided it and shut it down. The center was providing marijuana to about 960 patients suffering from AIDS, epilepsy, glaucoma, cancer and other serious illnesses, said Imler's attorney, Ronald Kaye. Matz said the prosecution was "badly misguided." He said he was baffled and disturbed that the Drug Enforcement Administration and prosecutors wasted so much time and money in prosecuting the case. "We don't contest the sincerity and good faith of these defendants," lead prosecutor Patrick Fitzgerald told the judge. "But we do have a legal regime in which a law was passed by Congress and I think ... all of us, whether we agree with those rules or not, need to abide by them." -----------------
I wonder if you've ever considered that -- even though I don't share such information with you, since there's no need -- that perhaps Ms. Diaz has already been receiving help from this office through appropriate government channels (with or without your efforts). That you see fit to continually misrepresent my earlier discussions about Ms. Diaz to your distribution list, ever more discredits you in my estimation and justifies my not corresponding with you. Matt Dear Matt: Let's see, dozens of people have made daily appeals for your help since March 13. And, to be fair, Assembly member Denham's staff was asked to assist even more, but there were still numerous opportunities for you to perform. Beverly's mother who appeared on my television show in late summer said there was no help from you. Davis' office sent her some forms, she begged almost every legislator's aides for help, but especially you since your office claims to be the leading advocates for prisoners, and I believe that once that was so. Before you were there. And despite Beverly's compassionate release from two doctors which happened only because we recorded the show, she is still denied release. And we have Frank Courser here, a reputable businessman whose loved one was set up and blamed for something that never happened and he cannot visit her because the compassionate release was approved. What have you done about this retribution? It's pretty obvious to me that you have achieved nothing, as usual. And there's a whole bunch of people that are going to testify to this fact in the lawsuit going forward on this matter. So callousness has a price. What choice do we have except to hold you all responsible for this inhumanity? Secret attempts really don't end in a result. Isn't it terrible that one phone call wouldn't do it. This is what I stated at Alameida's trial and about 50 other hearings where I begged for compassion toward suffering and dying inmates. But books, seminars, trips, are more important to legislators, none of our HUGE list of UNION subscribers have ever gotten their abuse or neglect problems solved. That it takes the entire UNION hammering on you for months and she's still dying in prison by the hand of a monster like Alameida who is on trial for a minor offense instead of these major crimes against humanity is just wrong! Your argument is weak Matt. Tell us why there is no place for desperate inmates and their families to go? This isn't a new problem, it is why we form the UNION in 1998. Don't you and John Vasconcellos claim to be advocates? Are you phonies this powerless? Go tell John and he can come out and beat me up for calling a spade a spade but I damned fed up with this callousness. This is the truth and it is shameful. Get ticked off at us for making public issue out of this needless suffering and dying. But I've had it with this situation of people who should be compassionately released being ignored. And I think you ought to get the message that I've educated enough families to the recourses available when their desperate pleas are ignored. Which includes suing everyone who was callous to the appeals. I think I would know if you had responded. She'd be free by now if that were so. The television show pictures her bald mother, with cancer crying and describing her desperation, paperwork 18" high, and Frank names people who are paid with our tax dollars asked to help who didn't respond to any of our constant pleas. And to think, this is just ONE dying inmate when there are thousands. You're young. There is still time for you to not to fall into this mode of callousness. Yes, I am kicking your butt because as long as the media and families think there is a way to get help the truth cannot surface. And the truth is that there is no one in the legislature or the Inspector General's office taking care of life and death complaints. There hasn't been for the entire six years except for a couple of transfers and two surgeries out of hundreds of complaints. We're ready to picket. Callousness and inhumanity are unacceptable. This is something that both the Democrats and Republicans are getting away with, and we're suing over it because someone must be held accountable. If you don't have the teeth to remedy this situation just be honest and tell us who is blocking you. We will make incredible noise. But don't deny that CDC is conducting inhumane practices out of control. I believe Matt, that we are on the same side but just covering up the abuse isn't going to end it. These moms and dads know exactly what is going on here. Not one of them has had results from "your office" after YEARS of pleas for help. People have died. This is costing the taxpayeres money in lawsuit payouts that were avoidable if anyone had control over CDC. You are ticked off at me because I refuse to accept "we tried" from the aides at the Capital. "We tried" almost got my son killed. It did kill many other inmates. Is "we tried" going to result in Beverly Diaz remaining in prison? I don't give a hang about politics. I care about ending the suffering and dying and if that hurts your feelings too damned bad. Hurt feelings do not compare to the degree of unnecessary suffering taking place in these blood houses due to callousness and unbearable incompetence. Yes, the legislators see themselves as law makers not law enforcers. Tell me, who is guarding the guards? Tell me which oversight committees are failing. This must come to an end. I believe you personally want it to end but are too embarrassed to reveal your limits. Forget the pride and let's beat the hell out of the barbarians responsible and make the Inspector General's office into some real, instead of a pretend outfit, good for nothing. While you're still young and I'm still feisty. Before more people die, Matt. It's not about who you like or don't like, it's about being responsible for inmates, their health and welfare, which the State has a duty to ensure. Maybe your name in our lawsuit will help you see the light. I am just damned tired of phonies and callousness. Damned tired. I name the names, have documented evidence of ignored appeals, I'm doing my job as an advocate and journalist here. How about your doing your job and getting your immaturity and ego out of the way before these mamma bears eat you alive. I would if I were you. We don't give up or forget. You'll learn this as you mature. Maybe I should put up a webpage of all the complaints you've ignored that have resulted in death, injury or injustice. I keep excellent records for years back you know. There are patterns of callousness and ineffectiveness against this monstrous machine that isn't correcting anyone. It is destroying people for life. And just to call everyone who complains about your ineffectiveness a liar, or "misrepresenting" the situation isn't going to save lives, reduces suffering, or get these mamma bears off your neck. This callousness is why we didn't vote for you the last time you tried to run for office. This is serious business here. We're not going away and we're not sitting silently to accept callousness from you or any other aide on our payroll. As long as I witness this callousness, those committing it will be mentioned in my newsletter and everywhere else I speak, appear or publish. That is a promise. I owe it to humanity. What do you owe? How can you sleep at night? You want to grow up to be a real politician, you'd better develop some compassion and common sense, get your priorities straight and recognize when you're in hot water with the mamma bears. I was young once, I remember the mistakes of youth. I can accept apologies and promises to do better if they're backed by action and remedies. "We tried" isn't good enough. Ken Hurdle is old and "we tried" is inexcusable and unforgivable for him. You still have a chance to redeem yourself here. Do you want to grow up to be like Alameida or Pete Knight and some of those other ugly, cruel old dinosaurs up there? Or burned out and useless like others who once were great men? Suffering and dying should come first as the business to be attended to, and if people don't listen, go to the media and to others to help you. But don't sit there and deny it and expect us to back you up on that while it still continues. That is not going to happen. You're a public servant, responsible for your actions and inactions, on our payroll. You have a duty to keep inmates safe. That duty is not being met by you or anyone else. We're here to call you on it until it gets done. If that ticks you off, or the other legislative dinosaurs grazing around
up there, too damned bad. We'll put your names on signs, in lawsuits
and march around the capital and at least make your life equally as miserable
as ours because you're all not paying attention.
B. Cayenne Bird
AMAZING Great Article! Frank Courser drove up from San Diego, went to San Jose to pick up the children of Beverly Diaz and her ball of fire 70 year old mother Ann who has cancer. We recorded a hard-hitting episode of Cayenne Common Sense and named the names of all those who are participating in this murder by medical neglect, the routine denial of transplants to inmates. The children were so adorable, I teared up a few times but was barely able to manage not to blubber outloud and ruin the entire show. Inside I was raging! Frank and I also did an informative documentary on billions of costs of incarceration that nobody considers, it is clear why we are bankrupt. We must be spending about 20 billion per year on running the slave labor industries all things considered. Then Frank took Ann and the children back to San Jose, where Ann caught a plane to make her chemotherapy appointment in Washington. He did about 40 hours of driving and spent considerable money to make this all come together. I threw up all day yesterday just thinking about this horror that has
happened and is now happening to thousands of people. Nature has
not been kind enough to me to blunt my feelings. Murder by
We did make quite a stink. Frank is a prince who went above and beyond the call of duty for someone who is not even his family member. Let us stand up and applaud Frank for taking days off from work, driving across the State to enable an elderly lady to have a chance to make a public appeal for help, and for being such a wonderful UNION subscriber all the time. We named the names, pointed the fingers and recorded two great shows. And Ann Kiliz who had an 18" high stack of paperwork of all the attempts to get medical care for Beverly. very ill, deserves our respect - when I met her, the true meaning of "mamma bear" was glaring. Tiny little lady with a massive wit and sense of determination. She is documenting everything so that if she passes the children will be able to file a lawsuit. Beverly's 19 year old son Michael will help us on the set of future shows. These children will never be the same after experiencing this cruelty. Cayenne
December 18, 2003 U.N.I.O.N. Newsletter Edward Alameida sent a letter to the press stating that Beverly's medical condition was not known by the sentencing judge four years ago when he gave her a 6 year sentence that will soon result in death for a minor drug crime. Beverly's now deceased mother, Ann Kiliz, showed me documentation where the judge DID KNOW and callously sentenced her anyway. This is one of the pieces of information that I will place in the packet for our press conference tentatively set for Tues. Dec. 23 at the Capital. We cannot confirm this time and date until Beverly is actually released. It may be necessary to move it. On Friday, a light article about the Judge making the decision will appear in one of the daily newspapers. We didn't send it out, it came from the small group of young volunteer attorneys who call themselves Justice Now. They will not have the REAL story which Beverly herself will unfold at the press conference. I hope that you have lined up someone to attend for you or plan to come yourself. Please let me know how you intend to cover your obligation here. I would also like us to focus on compassionate release, the crime of routinely keeping the terminally ill well past the point they should be set free, diseases that threaten the terminally ill and hepatitis which is an epidemic out of control infecting 8000 new inmates per year. Eventually about 95% of these people will need a transplant or lose their lives to a filth disease that needs to be cleaned up. What would you like to see up on the webpage that Astraea, Janice and I are creating to tell Beverly's story and bring out the plight of the terminally ill, the unlawful detainment of thousands who are never sent home for the last days on earth. This is the time for us to rise to the higher level of all those left behind. This story is shocking. It incorporates a young mother who was cruelly sentenced and separated from her young child Karma and her son Michael. She had abcessed teeth for two years and suffered enormously. She was denied a transplant and even after 60 of us begged Senator Denham's aide Zimmerman and Matthew Gray to save her, among many others which will be listed on this website, none of these people did anything until the very last minute here. We have thousands of people in California's bloodhouses who are being allowed to rot and die of diseases that THEY CAUGHT IN PRISON. We have several UNION people whose loved ones caught HEP C in prison, it comes mostly from poor food handling but also from poor sanitation. We need to do make much more noise about these disease epidemics before anyone is going to care. If you don't care, nobody else is going to care either, believe me. You have the power to make things an issue when you raise your pens in battle and agree to bring others to picket or in this case, to our press conference. I cannot always be definite about when I will need your back up. This is one of these times. There are forces of evil who want to hurt our organizing efforts and never release dying innmates even for non-violent crimes. Let's focus on a dynamic, hardhitting campaign which I believe will happen in the next few days for our own future and the good of those who won't be going for Christmas, even though they are near death. Do you have three people standing by to attend for you if you can't make it to this call to action? Or do you think that passing email back and forth gets press attention and puts the callous legislators allowing this inhumanity on the hotseat. Do you think Pablum is the diet of reform, or should we deliver a little spice with our demands? Let me hear from you. Everyone needs to respond so that I know who is coming. Our emergency response team needs building now, we are in danger without a good one. The flu has broken out at most prisons statewide. The media wants to know the death toll. Are you sending in the newsletters so that the inmates can assist us with this? The media has no way to know the death toll without your reporting in. The terminally ill cannot survive a flu epidemic. So we need to make certain our communications are wide and well-honed in the event the legislators wake up and end visiting. Are you awake and standing by here? Or are you just depending on our core volunteers to do all the campaigns without your help. What's it going to be. Fight back or someday be a victim of the lawlessness of compassionate release. Cayenne
5/16/03 Newsletter Here's another freedom fighter, manager of a big grocery store, single father of three little children, writing letters constantly, he asked for a letter to be sent to the Transplant Committee of UC Davis to save the life of Beverly Diaz. She has a 6 yr drug sentence that is about to end in death if she doesn't get a new liver. Senator Denham, Republican, staff member Zimmerman will not help her. Senator Vasconcellos, Democrat, Matthew Gray, staff will not help her. Ken Hurdle, Inspector General's office will not help her. She has a 10 year old daughter that will be alone when she dies. Here is the $64 million dollar question? Did you help Beverly Diaz by asking the UC Davis transplant committee to campaign for a new liver? Or did you assume someone else would write two paragraphs and plead for her life? We need to do a full campaign against the routine denial of transplants for inmates. Tens of thousands of them caught Hepatitis in prison yet they are informally denied proper medical care. This is murder by medical neglect. The Republicans even went so far as to suggest we make it a law that inmates cannot have transplants. We beat this down through the work of volunteers like Frank and our protest, networking etc. But wasn't it brazen of so many Republican legislators to even suggest such a monstrous bill and publicly vote for it? Are they afraid of us? Do they fear our massive letter campaigns and protests? No, because they know families of prisoners have never been willing to do this although every other special interest group in California can do this basic fighting back. Email me if you would like the address of the transplant committee,
people who are key to ending medical neglect in our glorious state.
You never know when your work is going to directly apply to your
own loved one.
May 15, 2003 Matthew Gray, Aide
Dear Mr. Gray: I am appealing to you to assist Beverly Dias at Valley State Prison who will die if she doesn't receive a transplant or at least a release so that she can get one outside of prison. At this time, her mother Ann Kiliz is desperately notifying everyone that he daughter is dying due to medical neglect. The taxpayers do not want minor sentences to be death sentences. Her mother says that her teeth are infected and that she is suffering. You are in a position to be able to do something about this medical neglect and Senator Vasconcellos has claimed for many years to be a champion over just this sort of dilemma. Please move rapidly in bringing life saving assistance to Beverly Dias. Sincerely, (I am withholding your names as we are entering the letters you wrote into evidence for the lawsuit the Dias family will file) cc: Ken Hurdle, Department of Corrections
Mr. Zimmerman, Aide for Senator Denham
STATEMENT OF FACT On March 13, 2003 I attended a protest at the capitol building in Sacramento, California whereby I witnessed many others in attendance for the purpose of supporting or opposing a number of bills. I heard the speech by UNION Director B. Cayenne Bird where she appealed for help in notifying legislators that Beverly Dias of Valley State Prison needed a transplant. I also heard Frank Courser, San Diego, make the same appeal during his speech later in the program. We went to Senator Jeff Denham's office specifically to ask for help for Beverly Dias and to oppose the bill he had proposed that would deny all inmates transplants. There have only been two transplants since 1996 so politics is already murdering people by medical neglect. We pointed out that 8000 cases of hepatitis is being spread EACH YEAR in California's prisons and that almost nothing is done to stop this killer disease. We emphasized that to allow rampant disease that would result in a transplant was cruel and unusual. I remember Cayenne Bird saying the bill was nothing less than "Murder by Medical Neglect." Frank Courser asked Zimmerman to either release Beverly Dias or get her a transplant as she was dying. Frank Courser wanted to know why the bill was being proposed in the first place. Zimmerman told Frank Courser that the Organ Donor Transplant Network had told him that after an inmate transplant, people were tearing up their donor cards. Frank Courser told him that this was not true. Cayenne Bird told Zimmerman that 3 million people are connected to inmates who could tear up their donor cards if such a law was passed to officially deny inmates transplants. There was a black woman behind the door who said "we can designate that our organs go only to inmates and force a law as a citizen's group." I remember Sarah Chappell saying something but I can't recall, it seemed to be about the children of the inmates that they kill by denying medical care. Zimmerman was definitely asked to help Beverly Dias and we visited several more offices that day in the legislature asking for help as well and supporting or opposing their bills but I can't remember which ones they were at this time.
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