Pleasant Valley State Prison - Guard Misconduct

Disease clouds a prison's future
A deadly outbreak of valley fever is sparking doubts about expanding the Pleasant Valley lockup in Fresno County.
By Andy Furillo - Bee Capitol Bureau
Published 12:00 am PDT Sunday, September 9, 2007

Jesse Garcia holds the hand of his son
Javier Garcia
as the younger man battles valley fever in a
Fresno hospital last month.
Javier Garcia contracted the disease
while an inmate at
Pleasant Valley State Prison.
It will force him to make visits
to the hospital the rest of his life.
Sacramento Bee/Brian Baer

But Garcia's punishment now has turned into a far more serious one than the time given him by a Fresno County judge.

When Garcia, 37, was paroled from Pleasant Valley State Prison in June, he was in a coma and near death. Infected in a valley fever epidemic that has torn through the prison the past two years, Garcia came out with a lifetime sentence of valley fever meningitis.

Last week, Garcia was back in the Community Regional Medical Center in Fresno, where he had surgery to drain fluids from his brain. Although he will need to make visits to the hospital for the rest of his life, Garcia's situation could be worse. At least four inmates and one staff member at Pleasant Valley have died of valley fever-related illnesses in the past two years.

"I think that prison should be shut down," said his father, Jesse Garcia, a retired Marine sergeant.

Nobody in a position of authority is calling for Pleasant Valley's closure, but some of the prison system's top medical officials and other experts are coming pretty close to it.

They say there likely will be more illness, and possibly death, among inmates and staff if California goes ahead with a construction plan to add prison beds there and at other San Joaquin Valley lockups.

Construction stirs the soil and contributes to the spread of valley fever spores, and prisoners are thought to contract the disease at a higher rate than the population at large because they haven't built up specific immunity that lifelong valley residents have, generally have higher rates of compromised immune systems and spend a good deal of time outdoors in the yards at their facilities.

A recent report commissioned by the federal medical care receiver called on the California Department of Corrections and Rehabilitation to hold off on building 12 dorms at five prisons in the "hyperendemic" disease area, including two slated for Pleasant Valley.

The report also said that if the state can't reduce valley fever exposure at the prison, where 300 inmates are being treated for the disease, prison officials should "consider relocating all inmates from this institution."

The recommendations conflict with California's recently enacted Assembly Bill 900, the $7.9 billion prison construction program designed to keep the federal courts from imposing a cap on the inmate population. More than a third of the 16,000 new "infill" beds contained in AB 900 are supposed to be built in the five San Joaquin Valley prisons, including 600 at Pleasant Valley.

In interviews with The Bee, the prison system's regional medical director for the Fresno area and the top doctor at the prison suggested it would be a bad idea for California to break more ground at a place where the disease clinically known as Coccidioidomycosis already is costing the state millions.

It's a good bet, they said, that dorm construction at Pleasant Valley will increase chances of prisoners and staff becoming ill.

"It's up to the Legislature to decide where they are going to build these beds," said Dr. Elena Tootell, the prison system's regional medical director who reports to Robert Sillen, the federal receiver. "But it will certainly make our job more difficult if we have to create beds here where people will be exposed to cocci (pronounced cox-see). ... We are putting more people who might be at a higher risk for dissemination and more morbidity associated with cocci into this area."

Dr. Felix Igbinosa, the prison's medical director, said the "experts" have already made it clear that "they don't believe it would be safe" to build the dorms at Pleasant Valley.

"Historically," Igbinosa said, "the disease is about exposure. It means if you bring in more people, you expose more people."

Correctional officials say they have responded to the epidemic by transferring inmates with weakened immune systems, at a rate of 30 a month. They say they also are taking steps to screen inmates away from Pleasant Valley if they are at high risk of contracting the disease.

Sillen, in spite of the recommendations in the report he commissioned, said he is not in favor of stopping the infill construction program at the valley prisons. He said there are "construction techniques and groundskeeping techniques," such as watering, laying concrete and planting grass and trees, that serve to mitigate valley fever's spread.

"I want to make sure the state knew that we wouldn't accept not taking those things into consideration when they do their desert construction," Sillen said.

Prison officials say contractors also will be laying gravel pads on dirt roads, adding stabilizers to the soil before it is broken, planting windbreaks and improving air filtration systems to defend against valley fever.

Gov. Arnold Schwarzenegger showed no concern over the problem at a Sacramento news conference last week. "We will go ahead and build," he said.

Lawmakers from both parties concur that the state should go ahead with the infill program in the valley fever zone.

"We're building the beds to keep bad people in prison," said Assembly Republican leader Mike Villines of Clovis. "We can deal with valley fever as a separate issue."

"There are many health risks associated with prisons and we should mitigate those risks to the best of our ability, but we also have an obligation of keeping people behind bars," he said.

From South America to the deserts of Arizona and California, valley fever almost forever has sprung from the soil to attack people with immune systems incapable of fighting off its afflictions. About half the people infected shrug it off with no observable problems. The other half show symptoms ranging from colds to flu to pneumonia. About 1 percent develop skin lesions, or severe bone-and-joint problems, or, in the worst-case scenario, valley fever meningitis.

Embedded in the soil, the cocci fungus grows when moistened by rain, then goes airborne when the dirt dries and the wind blows. Soil-disturbing events such as earthquakes or earth-moving construction projects compound the chances of an outbreak.

Experts say that inmates transported into the "hyperendemic" areas are much more susceptible to valley fever than natives to the region. They say that longtime residents who are exposed to the disease over a lifetime build immunities that protect them for life. Adults inhaling valley fever spores for the first time -- especially African Americans, who are overrepresented in the prison population -- are at greater risk.

"Once you're recovered from the disease, you are protected against infection," said Dr. Demosthenes Pappagianis of the University of California, Davis, School of Medicine, one of the leading valley fever experts in the country.

Researchers believe the construction of a state mental hospital next to the prison ignited Pleasant Valley's cocci epidemic in 2005.

Last year, Fresno County health authorities documented 776 new cases of valley fever. Some two-thirds of those cases were reported at Pleasant Valley. Those Pleasant Valley victims, in turn, totaled about 10 percent of the prison's population. New infections at the prison have continued this year at a rate of 17 to 20 a month, according to Igbinosa.

About 300 inmates at Pleasant Valley are currently being treated with the anti-fungal antibiotic Diflucan, prison officials said.

One of them is Arthur Bussiere, 44, a second-degree murderer from San Diego County. Bussiere came down with symptoms in 2004. He spent five months in the hospital in 2005 after his right lung collapsed. He now has a 2-foot-long scar across his back as a result of valley fever surgeries.

"They removed all the muscles in my back, removed all the ribs and threw them away," Bussiere said. "They removed part of my right lung and then left me open for four and a half months. They kept packing it and unpacking it twice a day, to drain out the valley fever."

Mark King, 50, who has three years to serve on a second-degree robbery conviction, showed cold symptoms in December. Lesions then developed on his legs. He spent four months in the hospital and lost 30 pounds.

In addition to the prisoners, 37 prison staff workers came down with valley fever in 2005. The prison's warden, Jim Yates, said that 26 staff members have filed workers' compensation cases over the past year, claiming that they are suffering from valley fever. Two haven't returned.

No staff members agreed to be interviewed during a recent visit to Pleasant Valley by The Bee. But a correctional lieutenant at the nearby Claremont Custody Center, a community correctional center operated by the city of Coalinga, contracted valley fever meningitis in December 2005 and never shook it.

Walt Sanders, 36, twice went to the hospital for months-long stays. His weight dropped from 200 to 130. He said he remembered looking out the window of his Stockton hospital room at a nearby cemetery and envisioned himself winding up there as a result of his valley fever infection.

"Before this disease started eating away at me, I could bench-press 315 pounds," Sanders said. "It got so bad in the hospital I couldn't open up my own water bottle. I remember my father and I, we both started crying -- I couldn't open my own water bottle."

"I'm told I'll never get rid of the disease because there's no cure for it," Sanders said.

Dr. George Rutherford, a public health professor at the University of California, San Francisco, and an expert on valley fever, said Sanders is right.

"You never really kill it," Rutherford said of valley fever meningitis. "On a spectrum of bad to horrible, it's on the horrible end."

According to a report by Pappagianis, the UC Davis expert, it costs about $34,000 to hospitalize a typical valley fever prison patient and $788,000 for the more serious cases such as Walt Sanders and Javier Garcia.

Pleasant Valley officials did not have a price tag on the disease at their prison. The receiver's office has estimated the cost at no less than $11 million for the last fiscal year.

A plea for help for Coalinga prisonFresno Co. grand jury says Pleasant Valley should fix health care.

The Fresno County grand jury issued a report Tuesday calling on state officials to improve health care at Pleasant Valley State Prison in Coalinga.

Pleasant Valley, the report said, is a particularly strong example of how bad things are in California prisons.

"For some time, California's prison health care system has been inadequate, fragmented, expensive and in short, overwhelmed," the report stated. "Pleasant Valley was built in 1994 to house approximately 3,000 inmates, but now houses over 5,000."

That overcrowding, the report said, also has overwhelmed the prison's small medical facility.

Prison health care became a flash point in 2001 when a federal lawsuit was filed over inmate health care in California. The lawsuit alleged that the medical care provided to inmates was "so substandard that it violated the prohibition against cruel and unusual punishment in the Eighth Amendment to the United States Constitution."

As a result, a federal judge ordered in 2005 that Robert Sillen, a former Santa Clara public health official, would assume duties as receiver of the state's prison health care system. Sillen's mandate from the court was to ensure that inmates received at least the constitutional level of care.

The judge's order gave Sillen complete control of every aspect of inmate health care.

The grand jury report, the fifth released by the 2006-07 Fresno County grand jury, praised Sillen for the progress he has made in inmate health care statewide, but said much work remains to be done at Pleasant Valley.

The prison is one of the most crowded prisons in the state. The report said overcrowding exists in the facility's medical center as well. That center has 14 beds for long-term and emergency care. There is no skilled nursing facility and inadequate medical testing equipment, said the report.

Because of a shortage of beds, inmates are routinely sent to other medical facilities, including the Coalinga Regional Medical Center, where they must be guarded around the clock by correctional officers on a ratio of two officers to one inmate. The report said many of those officers receive overtime pay for the time they spend at the medical center.

"These problems could be alleviated by the establishment of a secure wing at the [medical center] for [Pleasant Valley] patient-inmates," the report said.

The report also recommends that the state buy new and improved medical testing equipment for the prison clinic, and hire more, better-qualified medical professionals.

Sillen, James Tilton, secretary of the California Department of Corrections and Rehabilitation, and Sandra Beach, president of the board of directors for Coalinga Regional Medical Center, were listed as respondents to the report, and were asked to respond within 90 days.

Beach could not be reached for comment. Tilton's staff said they were referring all calls on prison health care to Sillen.

Rachael Kagan, a spokeswoman for Sillen, said the receiver would reply to the grand jury. She said the report was consistent with federal findings on several areas of prison health care including space, staffing and equipment.

"And that's true at every California prison, not just Pleasant Valley," she said.
The reporter can be reached at dboyles@fresnobee.com or(559) 441-6659.

Roderick Q. Hickman
California Youth and Correctional Agency
1100 11th St., Suite 400
Sacramento, CA. 95814

I visited with my son Scott Larson yesterday, and today Scott is still in add-seg. and nothing has been done about his situation. On Nov. 4, 2003, Officer Guerra threatened, harassed and intimidated Scott. Later in the day at chow, he was harassing Scott pointing his rifle at Scott from the gun tower. Scott was in fear of his life. This guard has many other write up's against him. Why hasn't something been done about this? He is still on the yard, and other people want to know why?

The latest, is that the appeals coordinator Sylvestor, who works for the warden told Scott that he was going to be in the "hole" for a very long time. What do you make out of that statement? Scott said this was done in a very sarcastic way. All of the witnesses have been interviewed, and some resolution should be made. This has been going on since Nov. 4, 2003. It has been 3 months, surely enough time for some decision to be made. It looks as if some kind of retaliation is going on because Scott reported a guards wrongdoing, and it's business as usual for the prison system, especially since Sylvestor made that comment to Scott.

Scott has been sending me mail, and I haven't been receiving it, or it is held for at least 3 days before sending it out. I've sent in a bible, a devotional, and Christian magazines. The Christian bookstore forgot to put their return address on the label, so it wasn't delivered to Scott. I do understand that is policy, and it is the bookstores fault. Scott had these books sent back to me, and I haven't received them yet. That was a month ago. I've sent in a couple of muscle magazine subscriptions, and the guards won't let Scott have them, because I guess they have some women in them. Other inmates have told Scott that they have seen the guards with them.

Everyone knows better than to do the 602's.. This system doesn't work, so how does an inmate complain about wrongdoing without retaliation?

Some of these items are petty, I agree, but I believe that it is showing definite retaliation against Scott.

You stated at the Senate Hearings on Jan. 20, and 21, that you were capable of investigating cases fairly. I was there, I heard you myself. What is being done about Scotts case?

During my visits with Scott, many people came up to me outside, and told me that they knew what happened to Scott, and they would help in any way that they can. The word is out. If you need more witnesses, I have them for you. Something must be done soon.

This also happened during Scotts appeal, and writ of habeas corpus. Scott was working pro-se with his attorney. Scott has had all of his papers and legal books taken away from him because of this incident with Officer Guerra. This is obstruction of justice. Scotts attorney has contactd the prison, but no reply so far. We'll be discussing with him what steps to take next about this situation. He just happens to be one of the founding attorneys for the Prison Law Office.

Scotts safety is in jeopardy in the "hole" also. Especially with the retalliation that seems to be happening from the guards.

Scott told me about a situation with his neighboring cellmate in the "hole" at High Desert State Prison, after he was placed in the "hole" for "his protection" after a beating that we believe that was set up by the guards.

The guards decided to retaliate against this neighboring cellmate. His neighboring cellmate's door was opened by a guard, another inmate that did favors for guards raped the cellmate. The door was closed. This happened 4 more times, one right after the other, different inmates having their turn raping this inmate for favors from the guards. The door was opened by the guard, the cellmate was raped and the door closed. On the fifth time, the cellmate was stabbed 6 times after he was raped, before the door closed. Scott had nightmares for quite some time after this, and couldn't sleep in fear that this would happen to him too. No one is around in the hole to protect inmates from this kind of situation. Scott said that body bags went by him all of the time. This is what my son has learned in prison. Do you call this rehabilitation? People come out worse than they went in. No wonder we're having so many
problems.

These are gruesome details, but this is the truth of what goes on in prison. Many guards get away with anything, and human lives are at stake. Other good guards are in fear for telling the truth, they have to look the other way. We heard some of these stories at the Senate Hearings.

Something needs to be done about this investigation before there is any more retaliation from the guards.

In all fairness, I must say that there are some good guards, but you know about "the one bad apple, spoils the whole bunch". It's time to get the bad apples out before the whole bunch is spoiled.

Roderick Q. Hickman
California Youth and Correctional Agency
1100 11th St., Suite 400
Sacramento, CA. 95814

I attended the Senate Hearings on prisons on Jan. 20, 2004. You stated that the prison system was capable of investigating cases fairly.

I wrote this letter to you Dec. 15, 2003. What is being done about this investigation? It's obvious that the officer was in the wrong. There are many witnesses to this incident. Why is Scott still being punished for reporting a guard that was threatening him? The men want Scott back on D yard where Scott and the other inmates were happy until this happened.. Scott is a peacemaker and friendly. He was heading up a bible study when this happened. Why is the guard still there? I hear they're thinking of transferring Scott. What good will this do? Scott's only problem was that a guard was threatening him, and he reported it. This is just the usual retaliation on an inmate that was in fear for his life, and reported it. What else is there to do? We heard many reports of this kind of wrongdoing by the guards on Tuesday.

We'll be watching the outcome of this investigation, now that the truth is out on what really happens. Will the guards stick up for each other once again, or will the truth come out? We're interested in seeing what you mean by a fair investigation.

Scott has never been written up and was given time off for good behavior when in Shasta Co. Jail. Does this tell you something?

I just returned from visiting with my son, Scott Larson yesterday, Sunday Dec. 14. I was able to visit with him for 1 hour behind glass, as he is in ad seg.

The reason that Scott is in ad seg, is that he was harassed and threatened by officer Guerra, and Scott is in ad seg "for his protection" What a joke, nothing has been done to this officer.

On Nov. 4, 2003, Scott was minding his own business, doing his work as a MAC rep when outside on D yard officer Guerra called Scott over. Officer Guerra asked Scott what he was doing, and Scott said he was the MAC rep, doing his job. Officer Guerra told Scott that he doesn't like MAC reps, and started harassing and threatening Scott. A little while later officer Guerra called Scott into the office where he was with Sgt. Cerda. Officer Guerra continued to provoke, harass, intimidate, and threaten Scott. During this time, Sgt. Teres (not sure about spelling) went into the office, and overheard this conversation. Officer Guerra used harsh language, and said he didn't give a s--t about the Sgts, and the authority they have. When this was over, Scott asked the Sgt. Cerda why she didn't do anything about this, no reply, she just lookd the other way.

If Scott did something wrong, officer Guerra was supposed to
1. CDC 128 - write up warning
2. CDC 115 Scott would get into trouble
3. Place Scott in the hole
None of these things happened.

That evening at chow, officer Guerra was in the gun tower, and still harassing Scott. Scott didn't realize it, until other inmates told Scott to look up, and there was officer Guerra, with his gun, harassing Scott. Scott told me that "he was scared, and he said he was just waiting for officer Guerra to shoot him."

Officer Guerra apologized to Scott, and Scott thought all is well. I spoke with Chief Deputy Warden Tony Malfia, and he also told me that officer Guerra apologized to Scott. This is proof that these allegations are true.

A few days later some of Scotts friends went up to Scott and told him that officer Guerra wanted them to get some "dirt" on Scott, so that he could do something to Scott. Instead of getting the "dirt", they told Scott what officer Guerra asked them to do, now officer Guerra is seeking retaliation on Scott. Scott gave me the names of these inmates. The last names are: Smith and Hernandez.

Scott wrote me a letter also explaining some of these things, but I never did receive the letter.

This guard is breaking California Penal Code 147. "every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by a fine not exceeding four thousand ($4,ooo) and by removal from office."

Why hasn't something been done about this matter? This guard is still on the yard. Other inmates have called me and told me this. They say that they get sick to their stomach when they see him, and that he is an evil man.

This guard has multiple complaints and write ups on D yard. A civil complaint was filed against him in 2000. Nothing has ever been done about this officer, he's never been prosecuted. This is why he continues to have this attitude against inmates, and even Sgts. He gets away with this, because he has never been stopped.

This is just another bomb, ready to explode at any time. A prison guard killed an inmate at PVSP 2 months ago. Something must be done before another inmate gets killed.

The only person being punished is Scott. Instead of removing the officer from the yard, Scott was placed in ad seg. Why wasn't Scott "CTQ" confined to quarters? Why is Scott being punished for something that the guard did to him, and has done to others? Scott has never been written up. He always goes around making peace. He just started a bible study with 25 men just before this happened. When I was visiting Scott, many of the other inmates came up to me, and asked me when Scott would getting out. They want Scott back on the yard with them.

This is creating another problem as Scott can't work on his writ of habeas corpus. I just spoke with Scotts attorney, and Scott is supposed to file a supplement to his habeas. His attorney told me that this is supposed to be in ASAP, as Scotts attorney just filed the writ on Dec.2 , and it is imperative that Scott gets the rest of it in immediately. Also, Scott is supposed to help his attorney file a response to his brief, that is due Dec. 22. None of this is possible because the guard has created this problem, and Scott is in ad seg. Scott can only get to a legal library 1 hour a week if that. All of Scotts legal papers, and legal books have been taken away from him. This is OBSTRUCTION OF JUSTICE !!!!!! Something must be done immediately !!!!!!! Scott needs to work on his case. Instead, he just sits in the HOLE freezing cold, while this officer is on the yard.

Scott wanted to drop the investigation just so that he could go back and work on his case, but they said they had to continue the investigation. All that happens, is the guards, and CDC stick together, and help each other out, and lie for one another. This guard will stay on the yard, harassing some other inmate again soon, and Scott won't be able to work on his case for his release.

Scott said that he was called in to a meeting about his investigation and the investigating officers all work for ISU. The names of the officers are Mills, and Jeffries. Scott said that they are all working together, so of course, Scott will be found wrong, and officer Guera will be found innocent, although he has had several other write ups and complaints about his threats and harassment to inmates. An investigation needs to be done, but not by anyone in CDC. They all stick together, of course. Think about it, why would Scott create such a big problem for himself?

Things were going well for Scott at PVSP, until this officer started harassing and threatening Scott. Now, they are thinking of transferring Scott to another prison. Why? Our family worked hard to get Scott somewhere close to us. Scotts sister and her son try to visit Scott whenever she can. She's a working mother, and still tries to see Scott often. She lives in San Francisco. Scotts father lives in San Jose, and tries to visit him often, and I live in Danville, and see Scott often. We want to support Scott while we are going through this terrible tragedy that has happened to him and our family. We just can't accept Scott being transferred to somewhere far from us. Why don't you transfer this guard that is creating so many problems, not only for Scott, but other inmates too?

Roderick Q. Hickman
California Youth and Correctional Agency
1100 11th St., Suite 400
Sacramento, CA. 95814

I just returned from visiting with my son, Scott Larson yesterday, Sunday Dec. 14. I was able to visit with him for 1 hour behind glass, as he is in ad seg.

The reason that Scott is in ad seg, is that he was harassed and threatened by officer Guerra, and Scott is in ad seg "for his protection" What a joke, nothing has been done to this officer.

If Scott did something wrong, officer Guerra was supposed to
1. CDC 128 - write up warning
2. CDC 115 Scott would get into trouble
3. Place Scott in the hole
None of these things happened.

A few days later some of Scotts friends went up to Scott and told him that officer Guerra wanted them to get some "dirt" on Scott, so that he could do something to Scott. INstead of getting the "dirt", they told Scott what officer Guerra asked them to do, now officer Guerra is seeking retaliation on Scott. Scott gave me the names of these inmates. The last names are: Smith and Hernandez.

Scott wrote me a letter also explaining some of these things, but I never did receive the letter.

This guard has multiple complaints and write ups on D yard. A civil complaint was filed against him in 2000. Nothing has ever been done about this officer, he's never been prosecuted. This is why he continues to have this attitude against inmates, and even Sgts.. He gets away with this, because he has never been stopped.

This is just another bomb, ready to explode at any time. A prison guard killed an inmate at PVSP 2 months ago. Something must be done before another inmate gets killed.

This is creating another problem as Scott can't work on his writ of habeas corpus. I just spoke with Scotts attorney, and Scott is supposed to file a supplement to his habeas. His attorney told me that this is supposed to be in ASAP, as Scotts attorney just filed the writ on Dec. 2 , and it is imperative that Scott gets the rest of it in immediately. Also, Scott is supposed to help his attorney file a response to his brief, that is due Dec. 22. None of this is possible because the guard has created this problem, and Scott is in ad seg. Scott can only get to a legal library 1 hour a week if that. All of Scotts legal papers, and legal books have been taken away from him. This is OBSTRUCTION OF JUSTICE !!!!!! Something must be done immediately !!!!!!! Scott needs to work on his case. Instead, he just sits in the HOLE freezing cold, while this officer is on the yard.

Scott said that he was called in to a meeting about his investigation and the investigating officers all work for ISU. The names of the officers are Mills, and Jeffries. Scott said that they are all working together, so of course, Scott will be found wrong, and officer Guerra will be found innocent, although he has had several other write ups and complaints about his threats and harassment to inmates. An investigation needs to be done, but not by anyone in CDC. They all stick together, of course. Think about it, why would Scott create such a big problem for himself?

Things were going well for Scott at PVSP, until this officer started harassing and threatening Scott. Now, they are thinking of transferring Scott to another prison. Why? Our family worked hard to get Scott somewhere close to us. Scotts sister and her son try to visit Scott when ever she can. she's a working mother, and still tries to see Scott often. She lives in San Francisco. Scotts father lives in San Jose, and tries to visit him often, and I live in Danville, and see Scott often. We want to support Scott while we are going through this terrible tragedy that has happened to him and our family. We just can't accept Scott being transferred to somewhere far from us. Why don't you transfer this guard that is creating so many problems, not only for Scott, but other inmates too?

I work for an international ministry in Washington D.C. We are opening up a prayer room and we work one on one with many congressmen, Senators, and their staffers. Of course when I am with them, and they want to know about my life, I tell them about the nightmare that my family is going through. There are many wonderful people out there that are interested, and I just know that they will be helping us. I'm getting the message out about what goes on in prison, first hand. You don't know until it has happened to you. I just can't believe that this is happening in the United States.

I pray that you do something about this guard immediately, to help Scott and others. This guard is breaking the law, and nothing has been done about it. Why do others have to be punished for his wrong doings? This isn't right.

Roderick Q. Hickman
California Youth and Correctional Agency
1100 11th St. Suite 400
Sacramento, CA. 95814

I last wrote to you on Dec. 1, 2003, concerning my son Scott Larson. To refresh your memory, officer Guerra harassed and threatened Scott. Scott did nothing to cause this, except he was a MAC rep, and officer Guerra told Scott that he doesn't like MAC reps. There were witnesses to this, he has done this to other inmates also. Officer Guerra apologized to Scott, and we thought all was well. I received an emergency phone call from Scott a few days later telling me that officer Guerra was seeking revenge, and Scott felt that he was in danger.

Officer Guerra has broken penal code 147. "Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by a fine not exceeding four thousand dollars ($4,000), and by removal from office."

Scott was placed in Ad Seg for his protection from this guard. Why does a prisoner have to be punished because a guard has threatened him? I have talked with other prisoners, and officer Guerra is still on the same yard, while Scott is in Ad seg. There were witnesses to this event, and they have been interviewed for the investigation.

I also mentioned that ad seg is not a safe place, because of guard retaliation. In a letter I received today Dec. 11, that Scott wrote on Dec. 6, Scott felt that he was being set up for something from the guards. He said that odd things are going on only to him and not others. He can't tell me what they are through the mail, as it is being read. I am going to visit with Scott this Sunday, and if there are problems, I will let you know. He just wanted to warn me of this, just like he warned me of the retaliation from officer Guerra, and it did happen, just as he thought it might.

I spoke with Scotts attorney today, and he said he filed a writ of habeas corpus for Scott, and it was filed on Dec. 2, 2003. He told me that Scott is supposed to file a pleading to raise a supplement on the habeas corpus and it was to be done ASAP. Scott is not able to do this while he is in ad seg, as he doesn't have his legal papers, and law books that I purchased for him. He can only go to the law library for 1 hour a week, and that is not enough time for Scott to file his pleading ASAP as his attorney instructed. This is an OBSTRUCTION OF JUSTICE!!!!!!!!!

Also, Scott is supposed to help his attorney file a response on his brief that is due on Dec. 22, 2003. Today is Dec. 11. MORE OBSTRUCTION OF JUSTICE!!!!! How is this supposed to happen when Scott doesn't have access to his legal papers, and books?

This is all happening because Scott was threatened and harassed by a guard that is known for doing this.

Scott is known as being a peacemaker, and was just going about his business, starting a bible study, teaching other men learn how to keep peace, and treat others with respect, and then officer Guerra started harassing and threatening Scott for no reason except that he is a MAC rep.

Another issue, Scott is in a lot of pain, because he needs dental attention. He said that he has put in 4 requests, and filed a 602 in the last 4 months. So far he hasn't received any help.

Scott said that he finally received some thermals today. He said "that it's so cold in our cells that we have to wear thermals, T-shirts, several pairs of socks, etc..... " They have to sleep in this with 2 blankets and they're still cold. This can't be good, especially with the deadly strain of flu that is going around. This could cause an outbreak of the flu Pleasant Valley State Prison.

My husband tells me of a horrible staph infection that is eating holes in the skin of inmates housed in the gym at Pleasant Valley State Prison. A few guys asked my husband to come over and see it for himself. He said the wounds are so disgusting that it was all he could do to keep from vomiting. He has asked for a meeting with CMO. But I wanted to bring this situation to your attention. The clinic staff are chalking it up to "spider bites," by the way.

Inmates???? One it might be "spider bites".........they can leave ugly holes but
that would be brown recluse or similar species. Highly unlikely that multiple people would present the same way. However, a spider is a vector.......the family can file immediately for a state inspector........it is a public health hazard. Staph can do that, people can get staph from spider bites ......skin breaks,ect. but it can also be a pox like virus. They need antibiotics. As unclean as prisons are they can go septic quickly. Damn. This is an emergency.

Roderick Q. Hickman
California Youth and Correctional Agency
1100 11th St., Suite 400
Sacramento, CA 95814

I am sending you a copy of a letter that I sent to Mr. Robert Presley on November 27, 2003

I did go and visit with my son Scott Larson. He told me that without any reason, officer Guerra was harassing Scott, because Scott is a MAC rep. He said he doesn't like MAC reps. Sgts. Cerda and Teres on D yard (not sure of the spelling) were also witnesses to this harassment, but chose not to do anything about this.

My complaint got into the hands of Chief Deputy Warden Tony Malfia at Pleasant Valley State Prison. He called me, and wanted to know what was going on. I told him, and told him that we were very concerned about officer Guerra harassing Scott, as this type thing happened to Scott at High Desert State Prison.

At HDSP Scott was threatened by 4 officers, thrown into a cell with just his underware, no mattress, or anything, freezing cold, rolled up in a fetal position all night begging God to help him. Another experience at HDSP, last Dec. 19, Scott was beat up, lost all consciousness, memory, and was taken to a hospital. When Scott was returned to HDSP he lost all memory of who he was, and why he was there. Another guard kept on harassing him, saying he knew who he was, and to get over it. We feel this beating was set up by the guards, as Scott had a lawsuit against some guards, and the judge was asking Scott for the names of the guards. Scott was beat up just as he was getting the names out to the courts, so he couldn't do it, but I was able to help Scott file the papers. What a coincidence.

Chief Deputy Warden Tony Malfia wouldn't acknowledge that things like this happen in prison, and more or less brushed it off, not letting me get in another word. My family and I have lived through this, and there is no way that you can tell us that this doesn't happen. I know other inmates that this has happened to also.

Chief Deputy Warden Tony Malfia told me that officer Guerra apologized to Scott and all was well. Scott told this to my daughter also on a visit Nov. 21, 2003. This also shows me that Scotts allegations were true, if officer Guerra apologized.

On Nov. 23, 2003, Scott placed 6 emergency calls to me, unfortunately I didn't receive any of them. I had just injured a disc in my back, and wasn't able to take any of them.

On Monday Nov. 24, I finally talked with Scott, and he told me that he had an emergency, things are very serious, and Officer Guerra was seeking revenge on Scott. Scott couldn't tell me all of the details, except that there were also witnesses to this.

I spoke with Chief Deputy Warden Tony Malfia immediately after Scott called. He said he would have someone check into this.

Nov. 25.. Chief Deputy Warden told me that Scott made some very serious allegations against officer Guerra, and had to put Scott in the hole for his protection. I told Chief deputy Warden Tony Malfia that I was concerned about this move, as the officers in the hole could retaliate against Scott, because they will read his papers of why he is in the hole, for reporting threats from an officer. There would be no witnesses to this except the guard. The other problem is that officer Guerra doesn't want to lose his job, so he can have things done to Scott in the hole. SCOTT CAN BE IN IMMEDIATE DANGER IN THE HOLE BECAUSE OF MORE RETALIATION FROM THE GUARDS IN THE HOLE. Chief Deputy Warden Tony Malfia said he would visit Scott, and report back to me tomorrow.

Nov. 26 No call from Chief Deputy Warden Tony Malfia. He's gone for the Thanksgiving Holiday.

Nov. 29, One of Scotts friends at PVSP tried to call me, but I wasn't home. This means there is some kind of problem.

Dec. 1, I called Chief Deputy Warden Tony Malfia. He said that he didn't visit Scott. He's busy brushing this whole issue off. I told him my concern for Scotts safety. He told me that he hoped that nothing will happen to Scott, but lets face it, this is prison.

If Scott was placed in the hole for his protection, how could something happen to him? Perhaps the guard could read his papers, and retaliate, or one of Guerras fellow guard friends could retaliate, just so that Guerra can keep his job. Another thing could happen, prisoners do favors for the guards. A prisoner could harm Scott for a favor from the guards. Our family has been through this before, we know the possibilities. SCOTT COULD BE IN IMMEDIATE DANGER!!!!!!!!!!!! I can't even visit him for 2 more weeks, because there are no openings.

Scott has been harmed very seriously in the past, and I'm asking for help so this doesn't happen again.

Chief Deputy Warden also said the investigation could go on for 30-60- days, possibly longer. Scott will be in danger all through this. Why does Scott and his family have to suffer all because a guard doesn't like MAC reps, and decided to threaten Scott, and make it hard on him? What is happening to the guard? He also said that Scott could possibly be transferred. Why? The guard caused the problems. Scott was doing fine. We tried hard to get him into this prison so he would be close to his family. Now they want to move him to who knows where, and hard for his family to go and visit him. How can a guard do this?
what is being done to the guard? The guard obviously caused the problems, because he a apologized to Scott, and now is seeking revenge.

In my last letters to Mr. Presley I told him about our family. Scott has been wrongfully convicted, and his attorney has filed a writ of habeas corpus, so hopefully Scott will be released soon. You will notice that Scott has had no write-ups, and given time off for good behavior at Shasta County Jail. Scott is not a trouble maker, but a peace maker. We're a strong Christian family, and Scott was getting a bible study together to help teach the other men how to live peacefully with one another. Scott doesn't make trouble, but he will stand up for what's right.

I work in an International Ministry and we're opening a prayer room in Washington D.C. We work with Senators, Congressmen, and their staffers. We meet with the Senate Chaplin once a month. We are very active in D.C. As I'm working with these people I'm getting my story out, There are a lot of wonderful people in D.C., and I know they will be able to help with these issues, they just have to be told what is happening. I didn't believe that this was happening in the United States until it happened to me.

I just spoke with my son Scott Larson, and he said that Officer Guerra was just threatening him on the yard today. He wanted me to make note of this, in case he gets threatened again, and thrown in the hole, or even worse.

Scott couldn't tell me everything, as our conversation was being recorded. Scott said that he is the MAC rep, and Officer Guerra hates inmates and likes to push them around. He especially hates MAC reps. Other inmates told Scott that Officer Guerra likes to do this to other inmates also. He is known for this.

Scott told me that Officer Guerra went out of his way to threaten Scott. Scott didn't do anything to cause this other that Officer Guerra found out that Scott had just been elected MAC rep. Scott said this was criminal harassment, and an assault to put great fear into Scott. I got the feeling that a threat was made to bodily harm Scott, he just couldn't tell me on the phone.

This is harassment and possible retaliation will happen because of Scott warning me. This is why I am warning you. This guard is breaking California Penal Code 147. "Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by a fine not exceeding four thousand dollars ($4,000), and by removal from office."

Things have been very peaceful at Pleasant Valley State Prison with Scott until now. Scott has started a bible study, and many men have joined it. It was broken up by the guards once, but it is continuing as of now. You will find that Scott causes peace between inmates. This has been his record for the past 3 years since he's been incarcerated. Since there are no other programs for the prisoners to learn life values for when they're released, this bible study has been quite welcome with the inmates. The only problem is that it is growing, and the inmates need a place to go in this bad weather. They would like the Chapel opened so they can go inside out of the bad weather. The Warden wrote Scott a letter stating that she was looking into this, but now she is no longer there.

Scott has been wrongfully convicted, and extremely sentenced. Scotts attorney has found much judicial corruption in his case to get a false conviction. He has filed a Writ of Habeas Corpus. I really don't expect Scott to be in prison much longer.

I work for an International Ministry, and we are opening a prayer room on Capitol Hill in Washington D.C. We work with many Senators and Congressmen. I believe that I am supposed to expose all of the wrong doings that have happened to my family because this tragedy. It has tried to destroy our lives. I believe that the only way that we have made it through this tragedy is by a strong faith in our Lord.

Perhaps the Senators and Congressmen will be able to help others, by seeing what really goes on. I will expose every step of this journey. Many already know.

I hope that you address this issue with the guard, and there is no retaliation against Scott like there was in the past. If you remember correctly from the past, Scott was threatened by 4 guards, thrown in the hole with no bed, just a cement slab to sleep on, no clothes, just his under ware. He spent the night on his knees, rolled up in a fetal position, freezing cold, begging God to help him. Another time Scott was beat up (set up by the guards) and lost all of his memory. A guard kept on harassing him, because he couldn't remember who he was, or why he was there. And if you look up his record in the Inspector Generals records, you will see a file where Scott recanted his statements. It's because of more threats by the guards. Prisoners just don't stand a chance. I hope nothing else happens to Scott, we've been through enough.

On 11/04/2003 I contacted you and reported that Officer Guerra on D yard was harassing my son Scott Larson. Scott said that it was a very serious threat, and I was quite concerned. Scott is the MAC rep and Officer Guerra was harassing Scott because of this.

It's obvious that nothing was done about the threat and harassment. I just received a letter from another prisoner on that yard, and they said that SCOTT WAS THREATENED by Officer Guerra again. It states that SCOTT NEEDS HELP IMMEDIATELY!!!!!!! The letter also states that "THEY" threatened Scott, so it sounds as if more people could be involved.
Other words that were used are: provoke, harass, intimidate, retaliation. It also states that people need to go in and talk to the MAC committee. They are putting out an emergency request for help.

The letter also states that Scott will try to call me. This letter was written on 11/04/2003, and mailed on 11/05/ 2003. I haven't received a call as of today 11/08/ 2003. This means that there is a serious problem, and something is happening to Scott. For some reason, he is not able to call me.

I just received the letter, and have been calling the prison all day today, but I can't get through. I will drive down there tomorrow morning to try to visit with Scott, and find out what is happening. Hopefully I will be able to visit with him, and he hasn't been thrown in the hole again and who knows what else, just for being a MAC rep, and trying to represent the other prisoners.

Prisoners have rights too, and one of the rights is to not be threatened, and harassed by the guards. How do you expect the prisoners to respect authority, when the guards treat them this way?

I am putting this alert out for someone to PLEASE HELP SCOTT !!!!!!!!!!!!!
I JUST WANT TO KEEP HIM ALIVE UNTIL HE IS RELEASED FOR BEING WRONGFULLY CONVICTED.

Prison report cites valley fever risks
Construction may release spores that cause disease, increasing inmates' cases.
By Andy Furillo - Bee Capitol Bureau
Published 12:00 am PDT Thursday, August 16, 2007

Public health officials are recommending that California hold off on new prison construction in the southern San Joaquin Valley because it will expose an untold number of inmates to potentially fatal valley fever.

"If you put more beds down here, you can pretty much bet that some people will be very sick and perhaps die as a result of that decision," Kings County Public Health Officer Michael MacLean said in an interview.

Valley fever is a disease that results from molds that grow in the region's soil. When stirred up by construction or other means, such as wind or earthquakes, its airborne spores can lodge in the lungs and create symptoms ranging from a mild viral illness to respiratory failure. It can also cause skin lesions and bone problems.

Last year, more than 500 valley fever cases were reported at the 5,000-inmate Pleasant Valley State Prison in Fresno County. Four inmates at the prison died of valley fever in 2005.

As a result, health professionals and researchers submitted a report urging the state not to add prison beds "in the hyperendemic area," where valley fever spores are prevalent. They also suggested that the state evaluate exposure to the disease and "consider relocating all inmates" from Pleasant Valley if it can't fix the problem.

"People in that prison population are at high risk of coming down with valley fever," Edward Moreno, director of the Fresno County Health Department, said in another interview. "It's showing no sign of decreasing."

The recommendations were generated by a working group that includes physicians from the California Department of Corrections and Rehabilitation, public health officers from seven counties and two University of California academic experts. The report was submitted in June to federal receiver Robert Sillen, who oversees medical care in California prisons, and is posted on his Web site.

Corrections officials said they are preparing a response to the report that will include mitigation measures "in terms of construction and in terms of health care," said Robin Dezember, the prison agency's chief of health care services.

A shutdown of prison construction in the southern San Joaquin Valley would have a significant impact on the state's effort to resolve its inmate overcrowding crisis and head off a looming threat of an early prisoner release order by the federal courts.

Under California's recently enacted $7.9 billion prison expansion plan, lawmakers authorized the construction of 5,480 "infill" beds at five southern San Joaquin Valley prisons where the spores causing the disease are embedded in the region's soil. The new beds at the five prisons represent more than a third of the entire infill program -- a cornerstone of the state's effort to resolve its overcrowding crisis.

State prison officials have insisted that the infill program is designed to replace about 16,000 emergency beds now in use throughout the system. Dezember said the addition of the new infill beds "doesn't mean we're going to add population" to the San Joaquin Valley prisons against the recommendations of his own agency's doctors and the public health officers.

The receiver's office said in documents filed with the federal courts that the infill program is predominantly geared toward lower-risk inmates. But the lion's share of inmates now sleeping in the emergency beds are classified as more dangerous.

Dezember said the prison agency already is screening potentially susceptible inmates to keep them out of the valley fever hot spots, as recommended in the June report. Dezember also wondered why local public health officials aren't stopping all new housing construction if valley fever is such a problem.

"Why aren't they evacuating their communities?" Dezember asked. "I wonder if they're publicizing this in areas like Bakersfield, one of the largest growth areas of the state. Are they publicizing that to people building homes there or to people coming in from L.A. to buy them?"

Claudia Jonah, the interim public health director in Kern County, said that valley fever "is a consideration for anybody that comes to this area."

"If you're planning to move to this area, you need to be aware of it," she said. "But the people in prison are in the very high risk groups for getting very severe illness, for getting valley fever."

Inmates last year made up two-thirds of all the valley fever cases in Fresno and Kings counties, according to the report to the receiver. MacLean, the Kings County health official, said a key factor is that "prisoners are put in that risk by state policy."

In the San Joaquin Valley, the disease hits hardest in populations that are not native to the area. MacLean said infections also occur in his county at higher rates at the Lemoore Naval Air Station and among African Americans, who are disproportionately represented in the prison system.

The report to Sillen was prepared by Dr. Dwight Winslow, the prison system's statewide medical director. New construction, Winslow said, is going to cause a problem at the San Joaquin Valley prisons, no matter if the infill program expands their population or merely replaces the emergency beds.

Reported instances of valley fever among inmates in the southern San Joaquin Valley increased more than sixfold from 2001 to 2006, to 672 cases last year, including 514 at Pleasant Valley State Prison and 91 at nearby Avenal State Prison. Officials suspect construction of a new hospital near Pleasant Valley had a role in the big jump in its valley fever rate. It reported only 47 instances of valley fever in 2002.

Dr. Demosthenes Pappagianis of UC Davis Medical School, a leading valley fever expert, said the infill construction program is "likely to expose more susceptibles to valley fever."