IDOC HAS INMATE CREATE AND SIGN OFFICIAL STATE DOCUMENTS DISCLOSED AS PUBLIC RECORDS - YET FAIL TO DISCLOSE OTHER AVAILABLE RECORDS
In response to a public records request (PRR), the Idaho Department of Correction (IDOC) provided records which were prepared by an inmate for the specific purpose of disclosure as an official public record. Further, other official records disclosed pursuant to the same request provided false, misleading or denied existence of specific records known to exist, thereby subjecting state officials to consequences described in Idaho Code.
On November, 22, 2023, Dale Shackelford submitted public record request #R016187-112223 asking for records which disclosed information related primarily to interactions between the IDOC and the administration-supported American Legion Post 201 [FN1], a [de facto] prison gang operating in the Idaho State Correctional Center (ISCC).
After requesting and receiving clarification on one of the requests [FN2] the IDOC produced an email from Lawrence Stuhr, an instructor in the Idaho State Correctional Institution (ISCI) Education Department to Jeff Kirkman, a program manager at the Office of the [IDOC] Director. In response to the inquiry regarding American Legion assets, Stuhr wrote to Kirkman, "This is easy, The answer is 0. We have monthly meetings and that is about it." Oddly enough, the sign-off on the email was "Jon".
It is unclear if Stuhr uses the nickname Jon, but the email is also unusual in that Stuhr copied it to Jennifer Tyvand, a Correctional Manager, and to Vance Smith, an Education Program Manager - both assigned to the ISCI. There were no responses or other communications disclosed from the Idaho State Correctional Center (ISCC) where Post 201 is located/headquartered, and where several such assets are clearly visible and widely known.
In another request within the same PRR, the IDOC was asked to provide information on food, drink and other amenities made available to American Legion prisoners not made available to other prisoners between 11/8/23 and 11/13/23. This request was made as a follow up to the issues described in the article ISCC ADMINISTRATORS DENY SPECIAL MEAL FOR ACTUAL VETERANS ON VETERAN'S DAY - WHILE ALLOWING BANQUET/FEAST FOR OTHERS posted on this site. The information obtained from the PRR disclosure is much worse than originally thought.
In response to the PRR, the IDOC provided Shackelford a list of food/drink and [a] movie allowed to American Legion and "Sons" not only for Veterans' Day, but for Memorial Day and what is listed as "Patriots' Day". Click here for list of amenities.
The list provided to Shackelford was created by, and signed by inmate "Albert Ciccone, Post Commander". Further, the list was compiled and created SPECIFICALLY to respond to the PRR submitted to the IDOC. Notably, despite IDOC policy prohibiting creation/possession of letterhead documents, the list was on a letterhead created by Ciccone, which also contained the phrase "Staff Sponsor Officer Donald Thompson". Officer Thompson (who IS assigned to the ISCC, unlike Kirkman, Stuhr, Tyvand and Smith) is not listed in any emails or other data disclosed in the PRR and was apparently not contacted for information related to the PRR.
It's clear that not all available records requested in PRR #R016187-112223 were disclosed, and Shackelford is considering litigation to discover the remainder of the records which exist.
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[FN1] Including the so-called "Sons of the American Legion", none of whom are military veterans.
[FN2] "Any/all records reflecting any monies, funds, credits or any other assets of any American Legion Post or associate which have been in the possession of the Idaho Department of Correction or any subdivision or facility of the IDOC for any period of time, however slight, between the dates of January 1, 2022 and December 1, 2023. Such records would necessarily include descriptions of the source of the assets, detailed disposition of the assets and reasons why the IDOC is/was in possession of these assets."
[FN3] "Any/all records reflecting any special food and/or drink allowed inmates assigned to Idaho State Correctional Center (ISCC) Housing Unit D, tier 1 between the dates of November 8, 2023 and November 13, 2023 which were not allowed to prisoners assigned to other housing units/tiers. Such records would necessarily include descriptions/quantities of food/drink, source of food/drink, cost(s) of food/drink, source of funds used to pay for such food/drink, and reason(s) prisoners assigned to D1 were authorized to receive/consume such food/drink while other prisoners were not afforded this opportunity."