April 28 -- Release from Segregation
Given Warden Gallagher's determination to proceed with his recommendation
for transfer (which had gone to Regional Headquarters for a final decision)
and Gary Weaver's continued segregation, the matter now headed for court.
For the last two weeks of April I worked on the preparation of my legal
argument, culminating in a sixty-six-page brief. I also awaited receipt
of the material to be filed by the Department of Justice in support of
Warden Gallagher's decision to maintain Mr. Weaver in segregation. On
the evening of April 27, I was advised by counsel for the Department of
Justice that she would not be filing any material; on her advice, the
warden would be releasing Mr. Weaver from segregation the next day and
withdrawing his recommendation for involuntary transfer to Kent. On Wednesday,
April 28, Gary Weaver was released to the general population after having
served eighty days in segregation.
His time in segregation took a heavy toll on Mr. Weaver. In his first
affidavit in support of the petition for habeas
corpus, he described the conditions in segregation and his reaction
to his false imprisonment.
During the ten years I have served on my life sentence
I have spent many days in Segregation units in other prisons. However,
the 50 days I have so far spent in Segregation at William Head is in many
respects the most difficult and damaging. On February 2, 1999 I was in
the community on a pass with other citizens, beginning a new life. Since
February 8, I have been confined in a cage with no furnishings except
a steel double bunk, a desk welded to the floor and a steel sink and toilet.
I am not even allowed to sleep in darkness because there is a light which
remains on throughout the night. This light is bright enough to read from
and it makes sleep fitful and at times impossible. Most distressing is
the fact that I have been placed in Segregation for something I did not
do and that the RCMP do not believe that I did. The Warden of William
Head and Unit Manager Callahan, the Chair of the Segregation Review Board,
have failed to take into account any of the evidence that the RCMP find
compelling and continue to treat me as if I am guilty of the assault.
From day to day I tell myself, "Be patient, hang on, justice will prevail,
the truth will be revealed," but I still remain in Segregation. When I
first came down to Segregation, for the first 10 days I imagined every
time I heard a noise in the hallway, that my cell door was going to open
and there was going to be either the warden, Mr. Callahan or someone else
saying, "Look, Gary, there's been a mistake here, you're going back to
population, we're going to restore everything." That has not happened
and I do not believe it will happen without the intervention of this Court.
(Affidavit of Gary Weaver, April 1, 1999, para. 69)
Page 1 of 1