Angolan prisoner Bobby Sneed was arrested and jailed again after momentary ‘release’

0

Bobby Sneed, the Louisiana prisoner who appeared to have won his freedom this month after suing the state parole board, was technically released from Louisiana State Penitentiary in Angola on Friday, December 10, in following an order from a state court judge – the second ordering his release in less than a month.

But the exit was very short. After his release from Angola, Sneed was immediately re-arrested and sent to a nearby prison. His arrest was tied to a warrant issued by the parole board and based on an alleged parole violation that occurred last month – while he was still in jail.

“At the precise moment that Mr. Sneed was ‘released’ from Angola this evening, he was ‘re-arrested’ by [Angola Warden Tim] Hooper on a warrant issued by the Parole Board and has now been taken to West Feliciana Detention Center, ”Sneed’s attorney, Thomas Frampton, wrote in a federal court filing last Friday, shortly after. time after transfer. “This latest illegal and retaliatory move by the Parole Board – yet another blow to their Javert-style pursuit of Mr. Sneed – is an effort to extend Mr. Sneed’s unconstitutional detention.”

According to online prison records, as of Thursday afternoon, Sneed was still being held at the West Feliciana facility.

Meanwhile, lawsuits in state and federal courts over Sneed’s current incarceration continue to unfold, and the Louisiana Supreme Court on Wednesday issued a new ruling that the district court was wrong to order Sneed’s parole. Instead, the judges said, the judge should have referred the case back to the parole board for a revocation hearing.

After Sneed’s re-arrest on Friday, Frampton also filed a habeas corpus petition in federal court, naming Hooper and then the West Feliciana Parish Sheriff, arguing that Sneed could not have committed a parole violation on last month because he had not yet been granted parole, and his continued incarceration is illegal.

Sneed has been fighting for his release through the federal and state justice system for nearly seven months after the commission quashed his parole in May, about two months after commission members unanimously approved his release .

Days before his scheduled release in March, Sneed collapsed in prison in what authorities claimed was a drug overdose. He remained in prison beyond his release date pending a disciplinary hearing.

In early May, Sneed was acquitted of the charge by the prison disciplinary board, which usually means it would not affect his parole. However, only one member of the parole board decided to overturn Sneed’s parole. The following week, the parole board called a second hearing in which Sneed was unable to present evidence, call witnesses or view evidence against him. The board voted to withdraw Sneed’s parole.

In doing so, Sneed’s lawyers argued that the parole board violated federal and state laws, as well as their own policies. Earlier this month, the Louisiana Supreme Court ruled on the matter and agreed that since Sneed’s original release date had already passed, he should have been given more protection in matters of due process, those applied to persons who have been released and face revocation for allegedly violating the conditions of their parole.

The Supreme Court referred the case to the Baton Rouge District Judge, who last week ordered Sneed’s release.

Lawyers for Attorney General Jeff Landry’s office, who represent the parole board, have asked an appeals court to review the order, arguing that district judges cannot order the parole of a prisoner. This ultimately led to the new Louisiana Supreme Court ruling on Wednesday in which the justices agreed that “immediate release is not an available remedy for the district court’s finding that M’s due process rights . Sneed were raped “.

After the state Supreme Court’s ruling, Frampton filed for an emergency hearing in the federal Sneed case, arguing that federal intervention was needed to end what he claims to be the unconstitutional incarceration of Sneed.

“In the past few hours, actions taken by the Louisiana courts (and nearly a dozen lawyers working for the state of Louisiana) have reinforced the need for immediate federal intervention in this matter,” said the case. “Going back to some of the darkest periods in this nation’s history, the Louisiana Supreme Court has delivered a remarkable series of decisions: Even in saying that Mr. Sneed’s Fourteenth Amendment rights have been violated, the Court ruled that state courts did not have the power to release a prisoner jailed in violation of the US Constitution.

Sneed, who was convicted of “guilty of murder” for his role as a lookout in a 1974 robbery in which a man was killed, will be 75 on Saturday.

New disciplinary offense

The parole board warrant issued on December 10 – signed by a single member, Pearl Wise – alleges Sneed violated his parole terms when convicted of a disciplinary draft in mid-November after allegedly being found with a pipette. containing PCP.

According to a disciplinary report, Sneed was found unconscious on November 9 by guards. They shook it and found “a dropper containing an unknown liquid substance inside the bottle” and wrote it down as contraband.

At a disciplinary hearing a few weeks later, Sneed was found guilty. He was sentenced to one day of solitary confinement. Having already spent 20 days there awaiting his hearing, he was credited with the time spent in detention. *

At the time, Sneed had not received a parole certificate and did not have a parole officer. It is the constant position of the parole board that Sneed’s parole was legally rescinded last May, a position Frampton is now trying to return to the board.

“Sir. Sneed could not have committed a ‘parole violation’ on November 9, 2021 because he was not released on parole until December 10, 2021,” Frampton wrote in the Federal Emergency File. It is undisputed that Mr. Sneed was not “paroled” (if ever) until December 10, 2021, was not under the supervision of a parole officer and had not received a “certificate. parole “describing the conditions of his parole. And the respondent Hooper and the Parole Board (as this Court is well aware) have insisted for the past six months that Mr. Sneed was at no time on parole.

Lawyers for the Louisiana Department of Public Safety and Corrections argued that they were simply carrying out the warrant that was issued by the parole board.

“Again, it cannot be said with more force that neither Director Tim Hooper nor DOC had

involvement or authority with respect to the Committee’s decision to issue the arrest warrant

for Mr. Sneed, ”they wrote in a response to Sneed’s federal habeas petition. “The issuance of a warrant for parole violations is solely at the discretion and authority of the Parole Board, not the warden of a prison or any DOC employee. “

A status conference on Sneed’s habeas corpus petition was held in federal court on Tuesday. This meeting was closed to the public, but in a subsequent filing, District Judge John W. deGravelles, who is handling the case, wrote that he had “expressed frustrations and concerns with this case.”

* Correction: An earlier version of this story reported that Sneed was given an extra day of solitary confinement as punishment for his disciplinary offense on top of the 20 days he had already served. In fact, he was only sentenced to one day in total and was credited for the time served. (December 16, 2021)


Source link

Share.

Comments are closed.