IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

WRIT OF HABEAS CORPUS TO COMMUTE, OR ALTER SENTENCE CONDITIONS  WHICH HAVE BEEN / ARE INHUMANE TORTUROUS, AND / OR BEYOND THE SCOP OF PUNISHMENT PUT FOURTH BY ANY COURT UPON THIS PETITIONER AND TO COMBINE THIS ACTION WITH CASE NO. M05-G21

Comes now James T. Kimball (petitioner) pro se and says:

This action is to change the past conditions of petitioner’s imprisonment / confinement.  Petitioner is almost 70 years of age and for petitioner’s first sentence in his 60 years of life, petitioner was convicted of “Conspiracy to distribute a prescription drug without a prescription and making false statements to U.S. Customs service. For this first crime – petitioner was sentenced to an excess of 12 years imprisonment / confinement in the custody of the Bureau of Prisons (BOP).

PETITIONER WOULD REQUEST THAT THIS COURT TAKE NOTICE OF THE FOLLOWING.

A.            Petitioner realizes by filing this petition, and the court combining this writ with case # MO5-G21, that petitioner will be giving up his right to trial by jury and opt for trial by judge.

B.            Petitioner requests this court retain custody of this petitioner via U.S. Marshals – Mcintosh County Jail or similar until this action had been decided by this court – Petitioner not to be in the custody of the BOP. 

C.            Petitioner requests that this court order professional polygraph taken upon him regarding any, all statements made within this writ and a subsequent addendum explaining in detail the torture, the attempted murder attempts, illegalities, unlawful, illegal acts; perpetrated against this petitioner by the BOP reflecting moral turpitude shocking moral senses.

Also, the petitioner will authorize a truth serum administration to all statements made herein or in the subsequent detailed addendum being prepared.

D.        Time is of the essence regarding this filing.  Petitioner dictated this writ via telephone and is fully aware of it’s content as dictated and authorizes petitioner’s son, Jason Kimball, to act in his behalf in signing petitioner’s name and filing this petition.

E.         The statements and proof thereof contained within this writ and the subsequent for the coming addendum is in fact a mirror image of the petitioner’s defense which will be put fourth in case number M05-G21, state of mind, etc. The petitioner is in a very serious health condition due to the BOP’s torturous treatment both medically, physically, and mentally – that to decide case number M05-G21 in advance of this writ and place petitioner within the confines of the BOP would perpetrate the aforestated Bop egregious treatment and in Kimball’s present medical condition of an aortic aneurysm, degenerating gallbladder, kidney and liver cysts, Kimball firmly believes he would not live 6 months if placed in BOP direct confinement custody.

ADDITIONAL FACTS:

1.            Kimball’s first place of BOP confinement was at Coleman Low Prison in Florida, about 30 miles from his home.  At Coleman, Kimball was deliberately retaliated upon by the BOP, tortured medically to such an extent he very nearly died.  Petitioner was tortured in the Special Housing Unit (SHU) while petitioner endured 2 attempts upon his life by the BOP. In fact, the lieutenant in charge of the SHU was so bold prior to one murder attempt upon petitioner, he forewarned petitioner how easy it would be to kill him in the SHU and how it could be done, then attempted what he had proposed (details in upcoming addendum).  The BOP at Coleman committed hundreds of unlawful acts (details upcoming in addendum), notwithstanding filing bogus complaints which placed petitioner in the SHU – canceling visits, to include attorney visits, - holding petitioner in the SHU in excess of 90 consecutive days – then transferring petitioner to Yazoo Low Prison in Mississippi 700 miles away from his family on a bogus charge that didn’t even exist within the BOP’s punishment system.

2.         At Yazoo, the retaliation continued against petitioner as did the unlawful acts – inhumane and torturous treatment while one attempt was made upon petitioner’s life again when he was placed in the SHU on yet another bogus charge (details upcoming addendum).  In fact, the medical torture petitioner endured in Yazoo was so harsh that petitioner firmly believes that his aortic aneurysm that threatens his life today was a direct result of the continued medical torture he endured at Yazoo.  In one of many medical torture incidents – petitioner acquired a kidney stone for the third or fourth time.  The BOP would do nothing for the severe pain he was in all that day, even the BOP guards attempted to get the BOP medical staff to help petitioner a number of times only to be refused any treatment for petitioner.  Around 11 p.m. that evening, petitioner collapsed from continued pain. The duty officer and medical staff in an emergency situation took petitioner to the medical building and noted his blood pressure was sky-high (details in addendum).  The end result was that the BOP refused to treat the kidney stone – have it blasted, or even take petitioner out for a scan to find the stone.  Petitioner endured excruciating pain – subsequent infections and bleeding for 7 months until the stone worked it’s way down to the opening of his penis – where it became lodged in - petitioner had to dig the lodged kidney stone out with a needle himself.

3.            Petitioner was again transferred on another bogus charge to a BOP Low prison in Texarkana, Texas, over one thousands miles from his home – where retaliation – medical neglect – to include restricting petitioner’s legal documents and forcing petitioner to throw some away continued.

            While petitioner was at Texarkana, a senatorial meeting was held in Washington D.C. with the high echelon of the BOP in which petitioner’s wife, who was then medically able to attend,  (details in addendum). In essence, representatives of petitioner brought fourth the BOP’s three bogus transfers – bogus charges.  The outcome was petitioner was subsequently transferred

4.         At Jesup, Georgia,  Kimball learned of what all the BOP’s torturous acts over the years had caused him.  Jesup medical advised petitioner he had an aortic aneurysm, gallbladder problems, cysts on his kidney’s and liver, and that he needed more tests. However, the BOP was not going to do anymore tests or treat the newly discovered life-threatening afflictions. At about the same point and time, petitioner’s wife became seriously ill. She already had Multiple Sclerosis and subsequently was diagnosed with Ovarian / Uterine Cancer. Petitioner’s wife was subsequently given 7 months to live by a Moffitt Cancer Center doctor (details in addendum).

CONCLUSION:

            Petitioner has endured within the BOP, in a continuous fashion, illegalities, torture, etc, so horrible it exceeds the torture perpetrated against prisoners at Guantanamo Bay – currently being investigated by the U.S. government. Petitioner firmly believes, Petitioner’s deliberate torture by the BOP – it’s officials – needs the same criminal investigations conducted.

            The continual egregious torture and the three attempts upon petitioner’s life goes far and beyond the reference, “no cruel and unusual punishments inflicted” by the 8th amendment to the U.S. constitution.

            The Constitution guarantees individual and civil rights and liberties and no cruel and unusual punishments inflicted.  The aforestated and the subsequent details with proof to be filed along with witnesses to be called will prove beyond any reasonable doubt that civil rights and liberties were removed, while cruel and unusual punishment were continuously inflicted by the BOP.

            A writ of Habeas Corpus exists to guarantee persons liberty / relief from unlawful imprisonment and to ensure parties imprisonment, or detention, is not illegal, among other things.  Liberty was / has been removed by the BOP.  Unlawful – illegal torturous acts have been enacted against this petitioner by the BOP in a continuous fashion, making petitioner’s confinement within the BOP an illegal act by the BOP’s own deliberate illegal and inhumane acts against this petitioner.

WHEREFORE, PETITIONER REQUESTS THIS COURT:

1.         Order petitioner to be retained via U.S. Marshal service and / or Mcintosh Jail until the disposition of this writ.

2.         Order this writ be combined with case number M05-G21. 

3.         Order a professional polygraph or truth serum upon petitioner regarding any statement put fourth within this writ or subsequent addendum that the court should not believe.

4.         Order the petitioner be released from BOP direct custody for the rest of his remaining sentence – and placed within the jurisdiction of this court – confined by a probation department to an area, or home confinement for the rest of petitioner’s term.

 

By: James T. Kimball, Jason Kimball 05-15-09

Authorized by James T. Kimball, mailed by Jason Kimball (352-787-3832)

I certify a true and correct copy of the foregoing document was mailed via first class mail to:

Mr. Odachowski et al P.O. box 24028, St. Simons Islands, GA 31522; and Jeffery Beurstatte 801 Gloucester St., Suite 358, Brunswick, GA 31520.

Jason Kimball for James T. Kimball

Signed__________________________   Date_______________