From the fifth through the thirteenth of May they remained confined under so-called "Administrative Custody" in reprisal for allegedly violating Department Of Corrections ("DOC") rules: "engaging in or encouraging unauthorized group activity" and "possession or circulation of a petition."

What had actually happened was that, at an authorized religious meeting of the American Natives, twelve of the fifteen participants had voted for the removal of their contract chaplain, Brandy Myers. 

The Native Americans locked-up and later punished are: 

The Investigation was a farce. The prison administration had pre-arranged what was to be done to the Native Americans. About a week after the men had been "under investigation," but before any of them had been questioned and eight days before any of them were cited with misconduct, a DOC employee, who must remain confidential, informed the prisoners that their fates had been decided. Each of them was going to get 30 days in the hole and, at least two of them were going to be transferred out of the prison.

This is the story of how this incident came about. Sometime way back in August of 1996 the SCI-Smithfield administration hired a self-professed, but apparently fraudulent, Native American Contract Chaplain, Brandy Myers. Ms Myers supposedly operates a community in Western Pennsylvania formed as a not-for-profit corporation. She was able to clear the background check that the prison seems to have had run on her.

Ms Myers claims to be Indian. She claims affiliation with the Cherokee Native Peoples, but neither the Eastern Band or the Western Band reports having her on their roles or of knowing of her.

Once confronted with these assertions, Ms Myers claimed to be an Apache.

The woman does not appear to be an Indian and the documents she is using appear to be fraudulent.

This struggle is not really about an alleged petition. It is about the violation of the inmates' guarantee of freedom of religion. It is about fraud and ineffective Native American spiritual practice policies.

What the Native Americans have received for three years is a lot of "New Age" teachings, but none of the required traditional Native practices.

Starting in the Fall of 1997, various members of the prison's Native American community complained through the established but ineffective prison channels about Ms Myers. Outside groups such as the American Indian Movement corresponded with the prison administration asking that they review Ms Myers' appointment.

In June of 1998 the prison Treatment Manager, Michael Knott, attended a meeting of the Native American community. He let the inmates understand that if they continued to try to effect the removal of Ms. Myers and/or to affect prison policy toward Indians, it would be one hell of a long time before those inmates would have another spiritual advisor or a religious program at SCI-Smithfield.

At the end of April 1999, Ms Myers announced that she was removing the sacred herb sage from the ceremony. Sage is essential in Native American purification.

Acting in good faith on information Ms Myers had given to the circle, and believing that her contract was up for renewal, the men wanted to exercise their right under the DOC approved by-laws. They wanted to vote on her continuing or departing as spiritual advisor. She demanded that if they voted, they must also include their rationale for their votes and sign their vote sheets. On 4 May 1999, the members voted for her removal. The twelve votes, each on an individual sheet, not in the form of a group petition, were individually signed. Ms Myers demanded that the vote sheets be given directly to the chief of the religion department, a Christian named Bowen.

Mr. Bowen apparently packaged the vote sheets tougher and forwarded them to the prison Intelligence Captain, Robert Glenny. The following day, all twelve men who had voted for Ms Myer's removal were seized and locked-down. Much of their personal property including vital legal records and documents, along with personal photographs and letters, were destroyed or "lost." All of it was mixed together in a hodgepodge.

When Glenny and his subordinate, a Lieutenant Kominski, finally questioned the prisoners, the whole investigation consisted of threats of punishment. Each man was bullied in an effort to have him pretend that the vote sheets were a petition. The men were coerced in an effort to have them say who had typed the vote sheets. The investigators were not interested in the facts, only in imposing their scenario on the Native Americans. They would not even review the Indians' evidence.

Finally, on 13 May 1999 all the Indians were given misconduct reports and a few days later they were sentenced to the 30 days that they had been told to expect from the beginning. It turned out that they had been told to expect from the beginning. It turned out that the two who would be transferred as punishment for their voting were James Brooks and Gerald Tobery. As a result of the misconduct reports, all the inmates will also be denied parole.

These Native Americans are praying and remaining strong; struggling simply to secure their right to worship their faith. To those still in the hole awaiting transfer; stay strong, Brothers.

Keep your spirit in the wind.

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