by Earnest Lee Watson HJ8917
C o n tra ry to popular belief, a
prisoner does not shed his con
stitutional rights at the prison gate.
The high courts have held that the in
terests o f inmates in freedom from
im position o f serious disciplinary
measures is a liberty entitled to Due
Process protection. But in reality,
when you are in front o f Walter Shaw
these noble holdings are little more
than empty promises.
The rules, such as giving notice, is
to give the accused an opportunity to
prepare a defense, and a chance to
present that defense. But what really
happens is that an accused inmate is
deprived o f an enforceable con
stitutional right to the procedural
tools essential to the presentation o f
any meaningful defense. W ithout the
right to call witnesses and present
documentary evidence, an inmate is
not guaranteed the right to present
any defense beyond his own word.
W ithout the right to confront and
cross-examine adverse witnesses the
inmate is not afforded a means to
challenge the word(s) o f his accusors.
There is no way one can resolve dis
puted factual issues in any rational
or accurate way without this process.
The hearing amounts to little more
than a swearing in contest; to say the
inmate is invariably the loser. The
right to present the testimony o f im
partial witnesses and real evidence is
particularly crucial to an accused
inmate, who obviously faces a severe
credibility problem when trying to
disprove the charges o f a prison
guard. Surely, the brief prolongna-
tion o f the disciplinary committee to
hear the testimony o f a few witnesses
before reaching what would other
wise be a pre-ordained decision
provides no support what-so-ever for
refusal to give inmates this right.
In almost every setting where im
portant decisions turn on questions
o f fact Due Process requires an op
p o rtu n ity to confront and cross-
examine adverse witnesses. There is a
serious potential for abuse o f the dis
c ip lin a ry process by persons
motivated by malice, vindictiveness,
intolerance, prejudice, jealousy, or
Mr. Cupp’s financial reward for in
fo rm a tio n scheme. There is no
rational means for resolving disputed
questions o f fact without providing
confrontation and cross-examina
tio n . These basic c o n stitu tio n a l
rights are denied and leaves these
matters to the “ sound discretion” of
prison officials. M r. Cupp’ s concern
for the safety o f informants does not
justify a wholesale denial o f the right
to confront and cross-examine ad-
Ernast Watson teaches a class at O S P .
verse witnesses. Cross-examination is
the principle means by which the
believe-ability o f a witness and the
truth o f his testimony are tested. Mr.
Cupp seems to think that by allowing
this that there is a danger o f hostility
between the inmate and the guard or
tw o inm ates, or that cross-
examination o f a guard by an inmate
w ould
threaten
the
g u a rd ’ s
tra d itio n a l
role
o f absolute
authority, or that cross-examination
would somehow weaken the discipli
nary com m ittee as a vehicle fo r
Trees, bushes need emergency care
I f the recent cold weather mixed
with freezing rain damaged trees and
shrubs in your yard, make repairs as
soon as possible.
The earlier damaged plants are
taken care of, the better the chance
they w ill recover.
Most o f the damage is likely to be
minor, involving small limbs that are
broken or cracked. Damaged twigs
and limbs should be cut back to the
nearest strong, healthy wood or bud.
It is important to remove all broken,
fractured or splintered wood to
eliminate areas where rot could take
hold.
When pruning back to healthy
wood, make the pruning cut flush
with the nearest side limb. Do not
leave a stub or snag. I f the pruning
cut is one inch or more in diameter,
apply a tree wound paint.
I f tree limbs were bent but not
cracked, don’t cut them down right
away. Remove extra weight from
them, such as expendable side limbs,
and leaves them alone. With time,
they may straighten out.
In some hard hit areas o f the state,
the ice broke large limbs from trees,
and even caused major splits in tree
trunks.
A broken major limb should be
sawed back to the trunk or major
side limb and treated with a wound
dressing.
Trunks that are split may be pulled
together. Two methods are com
m only used, one involving bolts
placed through the trunk, the other
using wire around the tree.
Bolt method. Holes are drilled at
intervals through the split sections o f
the trunk. Bolts with huge washers at
either end are inserted in the holes
and tightened to pull the split areas
together.
Wire method. Wire is inserted in
rubber tubing and twisted around the
trunk so it pulls the split sections
together. The problem w ith this
method, is that the clamping pres
sure caused by the wire may gir
dle the tree. This method should be
used only when minimum pressure is
needed to hold the split sections
together.
A fte r the sp lit sections are
together, the outeT edges o f the split
should be liberally painted with tree
wound paint.
Some trees, of course, have been
damaged beyond repair, or may
require more work than people are
willing to do. Young, fast-growing
trees have the best chance to recover
from major damage. Trees that show
little regrowth each year, trees that
have been damaged before, and old
trees with scraggly growth are less
likely to recover from significant
damage.
In the early spring, an application
o f nitrogen fe rtiliz e r around the
dripline area o f the recovering trees
and shrubs w ill encourage vigor and
growth.
Landscape plants
Landscape plants w on’ t show
some o f the effects o f this winter’ s
unusually low temperatures u n til
next spring.
B roadlea f evergreens, such as
rhododendrons, camellias, and ever
green azaleas, are likely to develop
brow n, scorched-looking leaves,
especially on the windward side. The
brow n leaves are caused by the
plant’ s inability during sub-freezing
weather to replace moisture carried
out o f the leaves by the wind.
Conifer evergreens, such as arbor
vitae and cypress, also will have a
browning o f the foliage.
The brow n leaves cannot be
revived. However, McNeilan advises
. . . UNION OR CO M PANY
DENTAL INSURANCE
is a valuable asset. . .
a mid-spring application o f fertilizer
to stimulate new growth which may
conceal the w orst o f the brow n
foliage.
Cam ellias, rhododendrons and
other broadleaf evergreens w ill likely
have fewer flower blooms this year
because the developing buds were
frozen.
To get an idea o f the extent o f
flower damage, take a flower bud
from the plant. Cut a cross section
and look at the florets inside. They
should be green, or the color o f the
flo w e r bloom . Freeze-damaged
florets w ill be brown or black.
Cleanup plan*
Commissioners Connie McCready
and M ild re d Schwab announced
future plans regarding the cleanup
after last week’ s ice storm. While
City Park and Public W ork crews
continue to clear the streets and
remove hanging lim bs, the Com
missioners stress the need for public
help in rem oving the sto rm ’ s
damage.
Three avenues are available to citi
zens helping in the clean up effort.
First, brush and fallen limbs may
be hauled to the parking lots at
W ashington Park Zoo, G abriel
Park, Westmoreland Park, Lents
Park, Rose City G olf Course, and
Cathedral Park. The use o f these
sites has been extended through Sun
day, January 28th.
Secondly, citizens w ill be allowed
to bum brush and limbs on days to
be announced by the Department o f
Environmental Quality. No burning
permits w ill be required but residents
are reminded to observe the normal
precautions o f keeping the Fire at
least 25 feet away from a combus
tible building or material, remain in
attendance while the Tire is burning
and keep a garden hose available at
the burning site.
And third, wood and brush may
be taken for use in fireplaces. Resi
dents are also reminded that they are
not allowed to cut limbs or trees in
the parks.
Mofeuci cim n or RoanANo*-
rehabilitation. These generalized,
speculative and unsupported theories
o f M r. C u p p ’ s do not provide
anything close to an adequate basis
for denying the inmate the right to
cross-examine his accusors.
Blind deference to correction o ffi
cials does no real service to them.
There is nothing more corrosive to
the fabric o f an institution than the
feeling among those whom it con
tains that they are being treated un
fairly.
M r. Cupp’ s argument that there is
a danger o f violent response by the
inmate against his accusors is great
and that only prison officials are in a
position to weigh the necessity o f
secrecy in each case. But this is
precisely the un-checked power o f
prison officials which is the problem
that due process safeguards are re
quired to cure.
The goal o f this prison is to rein
tegrate inmates into a society where
men are supposed to be treated fairly
by the government, not arbitrarily.
The disciplinary committee is coun
ter productive. Harsh treatment pro
duces an orderly prison but it comes
under criticism because o f its
inhum anity. W ith p articular em
phasis on the unfettered discretion o f
guards to impose punishment on the
basis o f vague charges which were
never subject to detached or impar
tial evaluation. This is the central
evil in Mr. Cupp’ s prison, the unre
viewed ad m in istra tive discretion
granted to the poorly trained per
sonnel that deal directly w ith the
prisoner.
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Dr. Jeffrey BRADY, Dentist
S W 3RD ft YAMHILL ST.. PORTLAND. OREGON
TAKE ELEVATOR TO 2ND FLOOR 3RD ST. ENTRANCE
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1223 N.E. Alberta
Portland, Oregon
284-1247