April 20 -- The Warden's Response to the Rebuttal
On April 19, Warden Gallagher responded in writing to my rebuttal, informing
Mr. Weaver that he would be recommending his involuntary transfer to Kent.
In two and a half pages, the warden addressed only a few of the arguments
I had set out in my twenty-five-page rebuttal. Surprisingly, he challenged
my contention that the time frame for the attack on Mr. Caziere was best
gauged by the times the officer on the front gate had recorded.
This conclusion is only warranted if all other time
references are specifically related to timekeeping as maintained by Officer
Shular, and if one has confidence that hers was a completely accurate
reference in the first place. Indeed, Ms. Shular indicates in subsequent
inquiries that she is uncertain about what timepiece she used to note
the time reference, although she believes it was her personal analog wristwatch.
She states she habitually keeps it five minutes fast. As the timepiece
she believes she used for the reference is an analog variety, her observations
are, almost by necessity, estimates, due to the nature of the faces of
analog timepieces. (Notification of Review of Recommendation Relative
to Transfer, William Head Institution, April 19, 1999)
Ironically, just the day before the warden expressed his view that Officer
Shular's observations were estimates "due to the nature of the faces of
analog timepieces," David Gelernter, a professor of computer science at
Yale, had written in a special edition of the New
York Times Magazine devoted to "the best ideas, stories and inventions
of the last thousand years" that his vote for runner-up for best invention
of the millennium went to the analog clock face.
Two hands trace out different scales; you would think
such a gadget would be too tricky to use. In fact, it's the best "interface"
ever designed. No other device can transmit such complex information so
precisely, so fast. (David Gelernter, "Bound to Succeed," New
York Times Magazine, April 18, 1999, p. 132)
Certainly Officer Shular, when she was on duty on February 5, did not
believe that she was only estimating time when she wrote down that the
call for help over the radio came at 21:37, that the front gate was contacted
to phone 911 at 21:38, that a lock-down was imposed at 21:49, and that
the ambulance arrived at 21:54.
Warden Gallagher also challenged my assumption (one shared by the RCMP)
that it must have taken Mr. Caziere at least five minutes to get from
the site of his attack to the C-Unit Community Building. He suggests,
"It is equally conceivable that, being fully conscious during this fight,
and driven by fear and adrenaline, the victim could have traversed the
distance between Upper G Tier and the C-Unit Community Building in considerably
less time, perhaps stumbling due to the speed of his movement as well
as his injuries." Conceivable, yes, but highly improbable. Indeed, subsequent
to my receipt of the warden's recommendation, I interviewed another prisoner
at William Head who had observed, from a window in his house, Mr. Caziere
coming up the path very slowly and stumbling. Moreover, according to this
prisoner's observations, instead of proceeding straight to C-Unit Community
Building, Mr. Caziere went to his own house and sat on the porch for several
minutes before moving slowly over to the C-Unit Community Building. If
that was the case, my original estimate that it took him five minutes
to get from Upper G Tier to the C-Unit building was on the low side.
Even more surprising than Warden Gallagher's reliance on the necessary
imprecision of an analog timepiece was his suggestion that the phone calls
made to Lama Margaret, as verified by the Millennium phone records, may
have been made by another prisoner. He stated that the use of the second
PIN number "does not irrefutably mean Offender Weaver in fact made the
calls." The implication here is either that Lama Margaret Ludwig lied
when she said she spoke to Gary Weaver or that she mistakenly believed
the prisoner she spoke to for forty minutes was Gary Weaver. In response
to this incredible assertion, I obtained an affidavit from Lama Margaret
in which she swore the conversation she had between 8:53 p.m. and 9:27
p.m. on February 5 "was with Mr. Weaver and no other prisoner" (Affidavit
of Lama Margaret Ludwig, April 30, 1999). Her affidavit also stated that
the conversation was particularly memorable since it concerned Mr. Weaver's
reflections on his first pass into the community and his forthcoming pass
to the Buddhist Dharma Centre.
Warden Gallagher also took issue with my argument that George Storry
had no motive for providing Gary Weaver with a cover story because they
were not friends or associates. He stated that Mr. Storry may have harboured
ill will towards the administration due to his own involuntary transfer
from William Head and pointed to the fact that Mr. Storry initially told
the IPSOs his telephone conversation with his wife began at 9:15 p.m.
The Warden failed to realize, however, that this last factor supported
my contention that Mr. Storry was not trying to provide Mr. Weaver with
an alibi; otherwise, he would have chosen a time much closer to when Mr.
Caziere was attacked. In any event, the Millennium record shows definitively
that Mr. Storry began his phone call at 9:29 p.m. Mr. Storry had already
told me that his willingness to swear an affidavit supporting Mr. Weaver's
account was born of his concern that Warden Gallagher not be permitted
to unfairly accuse another prisoner and thereby destroy all that the prisoner
had worked for.
For Warden Gallagher, the bottom line was "the essential fact . . .
that the victim has repeatedly identified Offender Weaver as one of his
assailants." He suggested Mr. Caziere's initial reluctance to identify
his assailants likely stemmed from a hope he could "fix" the difficulty
and re-enter the general population. Mr. Caziere had told staff that the
meeting in Upper G Tier was pre-arranged to conclude a drug transaction,
and therefore the warden found it "quite conceivable that all of the necessities
to commit the assault, including weapons and protective clothing, were
in place before the assault."
Putting aside the important fact that this was only one of three different
accounts Mr. Caziere gave to staff to explain his presence in Upper G
Tier, Mr. Weaver's activities from 8:50 until 9:27 are inconsistent with
his participation in this conspiracy. He was engaged in an extended telephone
conversation with a Buddhist nun about his future outside of prison; the
call was terminated by the unpredictable timing of Mr. Storry's arrival
to use the phone.
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