Friday, November 20, 2009

affidavit refuting Conduct report:

The PRC report in last post refers to a conduct report from TX in which William is supposed to have assaulted a staff member . Below is a section of that report , followed by a picture of an affidavit from a fellow prisoner, stating William had nothing to do with the occurrance. The affidavit is then transcribed for easier viewing . Click on affidavit picture to see it larger.

from the PRC report (see last post)

Your prison conduct has been "excellent with the exception of your involvement in a disturbance at CCA Whiteville, TN on 1 1/30/99. Case file information indicates you were a willing participant in an assault on staff in a housing unit, and identified by an officer as the individual who was "kicking me in the chest and hitting me in the face." During today's hearing, you stated "I wasn't a willing participant," and further denied assaulting any staff member at CCA Whiteville. You later accepted responsibility for the committing offense and repeatedly expressed remorse for what occurred. "

Transcription of Affidavit at left:
State of Wisconsin________Circuit Court______Dane County
William Payne,
Wisconsin, Department of Corrections/Respondents

Affidavit/Declaration of Inmate Presley Hubanks 1123904, For the Exoneration inmate William Payne

A Declaration By Presley Hubanks #123904
Pursuant to Title 28 § 1746 (2) U.S.C.
I Presley Hubanks #123904, declare under penalty of perjury that the following statement is true and correct:
1. That during the time relevant in 1999,1 was a prisoner housed at Whiteville Correctional Facility, in Tennessee;
2. It has been brought to my attention by inmate William Payne 1280194, that he has been falsely accused of the Assault on CCA/Staff Larry Joe Regland;
3. I, Presley Hubanks #123904, was charged and Convicted of the Assault on CCA/Staff tarry Joe Regland;
4. To the best of my knowledge inmate William Paynel280i94, was not in the area of the Kitchen, where CCA/Staff Larry Joe Regland, had been Assaulted;
5. Inmate William Payne#280194, was in the Food Storage room at the time of the Assault on CCA/Staff Larry Joe Regland;
6. Inmate William Paynet280194,had nothing to do with any part of the Assault on CCA/Staff Larry Joe Regland;

I Presley Hubanksf 123904, will testify to the facts Stated herein, if called upon or necessary , and have not been threaten to give the above testimony by anyone.
Signed by me this day of May 8 ,2008
Presley Hubanks #l23904
(CCI) p.o. Box 900 Portage.Wis.53901-0900

Signed and sealed by notary public

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