A call for reason and fairness in the case of
U.S. vs. Walter Anderson

by Walt Anderson

June 25, 2006

It is difficult to convey to anyone who has not experienced the U.S. Criminal Justice System in action what it is like.  To anyone in the outside world, who is not behind bars, it is hard to understand the feeling of being held captive.  When you sincerely believe and know you are innocent it is even more devastating when you realize that the “organization” that is holding you is completely careless of your life and liberty and is not even legally responsible or accountable for anything they may do or anything that happens to you.

A system which uses force and violence has been put in place and is justified by claims of “protecting” the community and through cultivation of fear.  The courts, police, corrections officers and a host of others are part of a system in which no one questions their roles and actions.  Anyone who has the misfortune of falling into their hands loses their humanity and is treated without respect or care.

Many people assume that anyone behind bars is in there for a good reason and that a careful legal decision has been made to deprive them of their right to freedom.  In some cases that is true.  In many cases that is an illusion only seen on television police and courtroom dramas.  In the case of my own legal matter I am definitely biased so it is easier to illustrate this with a specific real world example involving someone else.

I am housed in Unit Southeast 2 of the DC Jail.  This unit has around 160 people crowded into a space designed for 80.  This particular unit is designated to house mostly short sentence offenders and non-violent persons awaiting trial (like me).  Most of the people in this unit will be in jail less than 180 days and, in many cases, may be here only one or two weeks while waiting to be assigned to a “halfway house” or outside drug treatment program.

On the 13th of June a new inmate, Mr. Atanas Stanchev, was brought into the unit.  I did not speak with him until a few days ago, but I observed that he seemed to be sick or suffering in some way.

When I finally spoke to him I found he had been pulled into the criminal justice system around the 26th of May.  He had been outside in the nice weather and was drinking a beer.  This was only his second beer so he was not “drunk”.  Drinking in public is a minor infraction of the D.C. law.  Mr. Stanchev did not know that then.

The police arrested him.  They could have given him a warning.  They could have issued a ticket/citation which carries a small fine and gone on their way.  They chose to bring him to the station house.

Once he was “processed” in the police station, the normal procedure would be to issue a citation or to require the payment of a small fine and then be released.  Instead, the police kept him in the station lockup overnight.

The next day the police had adequate time to check and see if Mr. Stanchev had any prior record or was “wanted” by Washington, DC or any other jurisdiction.  Mr. Stanchev had a clean record.  It was now time to release him.  Instead, they sent him to the “Central Cell Block”.  The Central Cell Block is located under the DC Courthouse.

The Central Cell Block houses prisoners waiting to go to court to determine disposition of cases and to determine if they can be released prior to trial.  This process is not normally applied to minor infractions which and be dealt with by fines or release at the station.  Mr. Stanchev was held in the Central Cell Block for three days.

The Central Cell Block does not seem to be designed to hold human beings and it does not seem that any humans actually work there.  It is divided into small cages which have two metal bunks and a toilet.  The floor area is tiny.  No blankets or mattresses cover the cold metal beds.  Sometime cold sandwiches are provided.  Water is often not delivered for over 24 hours.  The lights stay on 24 hours per day.  No access to showers is possible.

The staff, when you see them, is surly and will often not even tell the time of day or the date.  If you are unlucky enough to require any special diet or medical care, you will be in trouble.  Mr. Stanchev passed out on the third day.

He was taken to the hospital.  The Washington, DC Criminal Justice System apparently has no secured area where inmates can receive medical care.  To secure him, Mr. Stanchev was chained to his bed.  Both his legs and both his arms were chained.  One arm was released for a few minutes when he was eating.  He remained in the hospital like this for twelve days.

After twelve days someone decided he was recovered.  He was sent to the DC Jail.  This was the 13th of June, 2006.  As I write these words, it is Sunday the 25th of June.  Mr. Stanchev has now spent twelve days in the DC Jail.  He has been incarcerated for 27 days.  He drank a beer in public!  He has not had access to a lawyer.  He was not given phone access until a few days ago.  He has not been in front of a judge to consider his release.  This is illegal.  It is a violation of his rights.

This is a Criminally Unjust System, but I can assure you that none of the guilty will ever be punished.  All the functionaries who took various steps in this matter were “just doing their jobs”.

It is possible that other factors contributed to Mr. Stanchev’s problems.  He is poor.  He is currently unemployed from a job at a local restaurant.  He also does not speak English perfectly.  He is originally from Bulgaria and is now a permanent, legal resident of the United States with a Green Card.

Nothing really can explain how Mr. Stanchev could be so abused by the system.  He has spent more time in jail than others who committed serious crimes.  He was denied his rights and put into life-threatening and tortuous situations.

Why would any legitimate, lawful government allow a system that could do this exist?  Why would any functionary have the power to take away someone’s life and liberty over a minor infraction?

A large number of people in the criminal justice system worked together to create an illegal and morally leprous situation.  This amazing injustice is not rare.  It is routine, standard, ordinary practice.  The functionaries in the system used the power they were given to put Mr. Stanchev through hell.

We have given too much power to these functionaries of the criminal justice system.  They have created a system where they can do as they wish and will almost never be held accountable for the results of their actions.  No one person or organization is responsible.  Each person who “handled” Mr. Stanchev had the data and information on his case to know that something was wrong.  They chose not to do the right thing.  They will choose again tomorrow and the next day unless someone stops them.  In some cases they intentionally did the wrong thing.

A few days ago, on Tuesday, the 20th of June, I heard this story from Mr. Stanchev.  I immediately began to contact the DC Public Defender’s Office.  On the 22nd I finally talked to a person there.  I previously was only able to leave voice mail messages.  No one seemed surprised at this story.  Injustice is routine.  I was able to get an attorney to agree to intervene.

Later in the afternoon on Thursday the 22nd I called the Public Defender’s Office back and was told that they had found the Judge who was supposed to be handling the case.  They had called his chambers and had been told that Mr. Stanchev would be released.

Mr. Stanchev is still here.  Apparently the Judge is not in a hurry.  I am sure the Judge is busy and has some plans for the weekend.  Mr. Stanchev has been in the system almost a month, so what difference will a few more day make anyway?  I hope the Judge enjoyed his weekend wherever he was.  Mr. Stanchev was in Cell 30, Southeast 2 Unit of the DC Jail all weekend.

(I will update this story when there is more news.  I am sure I will prevail in getting Atanas Stanchev his liberty.  I wish I could do this so easily for myself.)

June 29th – Mr. Stanchev is still being held.  In spite of the Public Defender’s efforts no one has taken the appropriate steps to release him.  His clothing and personal possessions which were taken from him were destroyed fifteen days after his incarceration.

[WEBMASTER'S NOTE: All articles submitted by Walt Anderson are handwritten by him, and either mailed to me directly, or transcribed by a volunteer third party, then e-mailed to me for placement in a web template. These articles are only spell-checked and style-edited. They are never edited for content - these are Walt's own words, and are respected as such.]

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