ticket

The Thewinter's first real snowfall began this morning. Several

days ago there were flurries along with a blustery wind. Now,

however, large fat snowflakes have been spiraling downwards

from the sky. But it is still too early for the snow to stay

on the ground for very long.

Something else, however, happened today that wasn't as nice

as the snowfall which lasted for a few hours and then stopped.

I was issued a Misbehavior Report for a rule violation.

"113.15--Unauthorized Exchange."

At approximately 8:20 this morning, while I was working,

the cell block officer approached me and told me that someone

had called for me from he Disciplinary Office. That I had to

report there immediately.

I had no idea what this was about, as I was not conscious

of breaking any rule.

When I then entered the Disciplinary area a guard showed

me a report that had been filed aginst me the day before. I

had to sign for my copy of the report so that I could review

it; it's the procedure.

I was surprised to read that on November 11 at

Approximately "1620 hours" (4:20 p.m.) I was written up by

Correction Officer "G" for the following:

"On the above date & time,

while packing cell EN #...(inmate's name was given), I found a

prayer book with writing on the inside cover indicating it

belongs to David Berkowitz."

The Misbehavior Report also mentioned that the "book" that

was seized as "contraband" was given an identification number

in the prison's Evidence Log. Once logged I know it was placed

in storage and under lock and key in an Evidence Locker where

it will remain until the day my disciplinary hearing is

conducted.

I was given a Tier 11 level "walking ticket" This is

considered to be a serious level. But the lieutenant in charge

of the Disciplinary Office did not deem it necessary for me to

be confined to my cell until the hearing is held.

So I am not under any restrictions. I could go about my

business and I could continue to attend the chapel's services

and Bible studies. However, within the next two weeks I will

have to appear before a lieutenant to answer for this rule

violation.

But I am very surprised that anyone would actually write

up an inmate for giving another inmate a book about prayer. I

know that the inmate mentioned in the report in whose cell the

book in question was found, is someone I have been sharing my

faith with. He's an emotionally troubled individual, too.

Only the Lord knows what will become of this report and

the future disciplinary hearing.

It is alleged that I gave this man a book. I didn't give

him a bomb.

THE VERDICT NOVEMBER 23, 2004

At approximately 8:45 this morning, while I was doing my

janitorial duties, the cell block officer informed me that I

had to report to the Disciplinary Office immediately.

So I left what I was doing and promptly went my way to

report to the lieutenant on duty at Disciplinary. I knew it

was time to answer the "ticket" I received on November 12th for

an alleged violation of Rule 113.15, "Unauthorized Exchange."

The prison's administration has up to two weeks to call an

inmate to answer to charges on a "Tier 11 level Misbehavior

report. Thus my being summoned today was within the allowable

time limit, according to the State of New York Department of

Correctional Services "Standards of Inmate Behavior for all

Institutions" manual.

Here at Sullivan Correctional Facility, the disciplinary

Office is located near the front portion of the prison in close

proximity to the package room, visiting room and a short

distance from the Infirmary.

To get there I had to walk down three long corridors,

passing through a metal detector at a checkpoint that is

located at one of the central corridors.

Then, once through the metal door at the entrance to the

disciplinary Office, I handed my pass to the officer on duty at

the main desk. He in turn directed me to a waiting room where

I had to sit until I would be called into the lieutenant's

office to answer the charge.

The waiting room is a 15x15 windowless square with wooden

benches placed against the side walls. Each bench is bolted to

the floor.

This morning the otherwise barren room had sitting on its

benches several gloomy faced men who were, like me, awating

their turn to defend themselves against the various rule

infractions each was charged with.

At approximately 9:25 my name was called. I entered the

lieutenant's office and my hearing officially commenced at

9:27. It was also recorded on tape. A small tape recorder sat

on the desk positioned between the lieutenant and myself, as is

the standard procedure for Tier 11 hearings.

The charge was then read to me. Next the hearing officer

asked me how I was going to plead, and if I had an explanation

for my actions.

I also discovered that it was not a book about prayer that

I was accused of giving to the other inmate, as the Misbehavior

Report stated. The lieutenant showed me the evidence. It was

a little Gideon Pocket Testament, the same kind that God used

to touch my heart about seventeen years ago.

So I humbly told the hearing officer that, yes, I

probably gave the Bible to the man mentioned in the report. I

explained to him that it was my job, as a "Program Aide", to go

from cell to cell while I was working at the Intermediate Care

Program, to minister to the residents.

It was my responsibility, I told the lieutenant, to look

for signs of depression in each man. That I was there to help

them write letters home, pray for them when asked to do so, and

give assistance to every man in any way that I could. And of

course this included giving a prisoner a Bible when he asked

for one.

The lieutenant, after listening to my explanation,

acknowledged that he knew I was a Christian and that I have

concern for the men. But he also admonished me because the

rule says I am not allowed to give anything to another man, not

even a Bible or a religious book, without first obtaining

permission.

He also acknowledged my good institutional record, that I

had not received a misbehavior "write-up" since 1989. Some

prisoners log a dozen or more Misbehavior reports against them

in a year's time!

Nevertheless, I was found guilty of breaking rule 113.15,

making an "unauthorzed exchange." I was to be automatically

fined five dollars, which is the required penalty for all Tier

11 misbehavior infractions. Fortunately, however, I was given

no other penalties, such as confinement to my cell.

Finally, the lieutenant counseled me not to do this again.

And when the hearing was officially completed at 9:39, I was

then free to go back to my cell block and return to work.

Overall the hearing itself went well. I spoke

respectfully to the lieutenant. I only gave a Bible to another

prisoner. Other guys who are found guilty of making an

"Unauthorized Exchange" usually get such a charge for passing

weapons or drugs, or for trying to pass other forms of

contraband.

Later I told another officer, a man whom I've known for

many years, that if the inmates only handed books and Bibles to

one another, he wouldn't have anything to worry about. He

laughed and admitted that it was probably true.

Yet while I was not upset about getting a ticket for

giving another inmate a Bible, I did feel foolish. I'm 51

years old. So having to report to the Disciplianry Office,

then being required to sit on a chair with my hands folded

meekly in my lap, while a sharply dressed lieutenant sat behind

a big wooden desk as he eyeballed me suspiciously, reminded me

of being an adolescent in junior high school getting summoned

to the Dean's Office for a scolding.

I felt like a naughty little boy who got caught for

putting a rotten egg on a hot radiator in a classroom, causing

the room to stink.

The write-up seemed pointless. Of course I kept this

thought to myself.

David Berkowitz

November, 2004