Sean Swain was found guilty by the rules infraction board, in spite of the lack of any evidence that he was involved in any activities. See this Conduct Report for the prison investigator’s “evidence”.

Swain is appealing the decision. Here is his appeal and his statement:

STATEMENT OF APPEAL

I arrived in ManCI in November of 2009. I have not had a single disciplinary infraction in 3 years: I was housed in an honor block. I am 43 years old and have never had any history of gang activity. I usually only leave the unit for meals and I spend hours each day playing dungeons and dragons with a group of geeks on the block.

On September 12, my status was dropped to medium. I saw the parole board last year and they advised me to get programs to earn a parole, so i was to go to Marion to take those programs. If I am found guilty here, I will not get to medium security, will not get thoese programs, and the parole board will have justification to make me die in prison.

In all that the investigator wrote, there are only 2 items at the basis of accusations against me. One is a tattoo unlike the logo used by the group on the compaound. The other is a statement i wrote that was mailed to a friend for posting on a website, which the investigator has falsely claimed to be a confession when it was not.

So, the question before you is not just whether a years-old tattoo that the investigator has misrepresented justified investigating me in the first place, but whether that years-old tattoo which differs significantly from the logo used by the Army of the 12 Monkeys and whether a statement I wrote in my defence for posting on a website – a statement that does not say what the investigator says it does – warrants making me die in prison.

I ask you only to give me the chance to fully present questions to the charging authority, and that you judge fairly, with courage and integrity.