The IPSOs' Investigation

The IPSOs had been conducting their own investigation. Pursuant to a Notice of Intercept of Communications, Mr. Hamer had monitored all of Gary Weaver's telephone calls (including those to his spiritual adviser, Lama Margaret) from February 9, the day after he was returned to segregation, until February 23. In an interview with Mr. Weaver on March 5, Mr. Hamer said he had listened to seven of the fifty tapes and had not heard anything that suggested Mr. Weaver was implicated in the assault of Mr. Caziere. He told Mr. Weaver he had advised the warden of the results of his monitoring and recommended that he not listen to the rest. Mr. Hamer's opinion was reflected in his handwritten notation on the Notice of Intercept: "Seven of fifty calls monitored. No need to transcribe or keep recordings." In a separate conversation I had with Mr. Hamer, he advised me that, in his experience, prisoners involved in wrongdoing will say something that corroborates this over the course of extensive monitoring. In his monitoring of Mr. Weaver's conversations, this did not occur.

The other information Mr. Hamer shared on March 5 related to a handwritten letter Mr. Weaver had sent Warden Gallagher on February 14 in which he unequivocally stated his innocence. Although Mr. Weaver was not told this at the time, the IPSOs' office had sent the letter to the Laboratory for Scientific Interrogation for analysis. In a memorandum dated March 3, 1999, the following assessment was provided: "The subject used very strong denials in regard to being involved in the assault on Curtis Caziere. Such denials are usually associated with being truthful. Please note that the subject's denials do not rule out that the subject might have some knowledge of the identity of the ones who assaulted Caziere." The results of this analysis clearly supported Mr. Weaver's assertions of innocence. The comment made in the last sentence in no way implicated Mr. Weaver, because many other prisoners at William Head had some knowledge (or thought they had) of the identity of Caziere's attackers.

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