A very common complaint from inmates in the ACI is that prison disciplinary procedures and related reports are deliberately falsified to "teach" an inmate a lesson. Mr. Elby asserts that Deputy Roy Hilterman, Captain Ashton, CO Amaral and Ms. Carole Como were all involved in a falsified booking which resulted in Mr. Elby being downgraded to a B status which means a 23 hour lockdown.
Mr. Elby asserts the following in this complaint:
He quit the Talbot Program for personal reasons on 8-17-2000. On 8-22-2000 he attempted to get back in. On that day Captain Ashton asked him if he quit the drug program. Mr. Elby said yes but he wanted to go back because he didn't mean to quit and was an addict who needed treatment and serious help. Captain Ashton told Mr. Elby that if he went back to the treatment program he would go to segregation or will be in a lockup.
In October, Counselor Ms. Vicki Gillerin told Mr. Elby she would ask Deputy Hilterman if Mr. Elby could reenter treatment. Deputy Hilterman said Mr. Elby can go back to treatment on Oct. 30, 2000. On Oct. 30 that Ms. Como, who ran the treatment program, was verbally abusive and asked Mr. Elby to leave. Mr. Elby left peacefully and Ms. Como said he would not be booked. On that same day, despite Mr. Elby's conduct not being out of bounds for getting booked, he was put into 30 days segregation for a fabricated booking. Mr. Elby believes he is being denied drug treatment which he badly needs.
Before he went to segregation, Capt. Ashton told Mr. Elby, "I will bury you at the discipline board!" On Oct. 31, 2000 at the disciplinary hearing Capt. Ashton refused to allow Mr. Elby any witnesses and was vindictive and unethical. Counselor Ms. Jay Fielder told Capt. Ashton that the Code of Discipline (1-i) didn't relate to Mr. Elby's booking. In Nov. 2000 Mr. Elby was put on B status without being present or being able to present his case. Mr. Elby's record shows clean urine tests for over 22 months. The ACI report says in two parts of the report Mr. Elby requests witnesses and in another part that he didn't request witnesses.