VOICE FOR THE VOICELESS
This story was first published in AT EASE! Veterans Magazine Spring 2022.
Written by: Christine Walker
Imagine if you will, just for a moment, that you are a Veteran who served your country honorably. But now, and for the last year, you have been in a prison in a country that does not recognize the 5th, 6th, or 8th Amendments in the United States Bill of Rights. You are kept in solitary confinement for up to 20-23 hours a day, living on the bare minimum of sustenance and fed the same thing for every meal. In the winter, even if you are one of the lucky ones to have a threadbare blanket, there is no relief from the bone-chilling cold. You are beaten, denied medical treatment, and coerced to deny your fundamental belief system. No, you have not been convicted a crime; you are being held in pre-trial detention. If you are the poor unfortunate soul to be ‘appointed’ counsel, you may only speak to your lawyer once or twice until you actually go to trial, which could be another year or more. You, for all intents and purposes, are a political prisoner.
The above scenario is not a movie scene about a Soviet gulag, but is in fact, the day-to-day reality at The Central Treatment Facility (DC Jail), of the Veterans and American citizens detained in the January 6, 2021 Capitol breach.
One defendant, Ryan Nichols, a USMC Veteran, has been incarcerated since January 18, 2021. According to Ryan’s attorney, Joseph McBride, in an interview with Dana Loesch, said “about 50% of the guys who are in DC right now, they’re veterans. These are people who’ve gone to war, they love their country. They’ve been discharged from the military under honorable circumstances. These guys are fighters, and these guys are patriots. This is the cohort of people who are just not gonna roll over and die because the big bully in school yard says I’m gonna come and get you. These are the people who are gonna stand up and punch the bully straight in his face.”
RIGHTS OF THE ACCUSED
Regardless of what political affiliation or viewpoint we may hold, one thing unites us as a Veteran community, and that is the oath that we all swore to the Constitution of the United States of America and the rights held therein.
In the American Justice system, we hold fast to the presumption of innocence, and it falls on the prosecution to bring forth the burden of proof. According to our Bill of Rights, all American citizens are guaranteed certain rights if accused of a crime, and those rights are spelled out explicitly in the 5th, 6th, and 8th Amendments.
Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
CHARGES & LEGAL REPRESENTATION
Currently, there are over 700 Americans who have been arrested and charged for their involvement on January 6th. Most face multiple misdemeanor and felony charges.
US Representative Marjorie Taylor Greene stated in an interview with journalist Julie Kelly, “Not one has been charged with insurrection, no one has been charged with treason. No one has been charged with sedition.”
For those facing charges, bail is being denied, even for misdemeanors and non-violent crimes. Julie Kelly said in the same interview, “And so these people have been denied bond, denied bail by judges appointed by both Republican and Democratic presidents, they have gone along with these pretrial detention orders arguing and agreeing with the government that these people pose a unique threat for their role. Even some nonviolent offenders, for the mere fact that they were at the Capitol [on] January 6th, that they doubt the legitimacy of the 2020 election. Therefore, on its face, that defendant is a threat. They extrapolate this to mean that the person doesn’t believe in the laws of the United States government, and this is what I’ve heard from judges. It’s insane.”
Cynthia Hughes founded Patriot Freedom Project when her nephew, Timothy Hale-Cusanelli, a 14-year Active Army Reservist was arrested for his participation on the 6th. “Tim has no violent charges. Tim has no assault charges. Tim has no conspiracy charges, right? Tim’s biggest charge is the obstruction charge, which is ridiculous,” Cynthia said. Tim was arrested on January 17, 2021, in his home state, and then subsequently moved six more times, with the Central Detention Facility in DC as his final stop. Cynthia contacted JAG immediately, and before they could respond, Tim was assigned legal counsel who assured her that nothing would be adjudicated in regard to Tim’s service until after the resolution of pending criminal charges against him.
Unfortunately, Tim’s legal counsel never met or even spoke to him. In the meantime, the Army proceeded with Tim’s separation without his knowledge, consent, or involvement. Cynthia recalls, “The JAG lawyer claims that he argued the best he could, but at the end of the day, Tim was never going to be able to stay in the Army. They booted him out with [an] Other than Honorable. “
Thankfully, in an effort to appeal Tim’s military case, Cynthia found an attorney who happens to be a Retired Army Judge Advocate and was willing to take on Tim’s military and criminal defenses. Many of the other defendants, however, are not so lucky and have been assigned public defenders.
LIVING CONDITIONS
While most detention facilities make an effort to maintain their facility and adhere to the policies in accordance with inmate rights, the DC Jail has come under intense scrutiny after a US Marshals inspection…
The following is a list compiled by the ‘Patriotic Pod’ J6 inmates as told to their attorneys and family members:
Face to Face Attorney visits require a 14-day quarantine prior to and after the visit. This means defendants get a maximum of two visits with legal counsel every month.
All J6 defendants are placed in a permanent 22–23-hour solitary confinement. This allows only 1-2 hours a day recreation for showers, attorney visits, and phone calls with family.
Absolutely no Religious services or communion are allowed for any of the defendants.
Coerced Vaccinations – If a detainee refuses the COVID vaccine or even a test, there are punitive repercussions within the jail for defendants that even extends beyond the confines of the jail itself to the family members. Those who refuse are not allowed haircuts or shaves, nor are they or their families allowed to video chat if all parties are not vaccinated.
Surviving on ‘half-rations.’ Breakfast consists of a piece of bread and (1) hard-boiled egg, lunches and dinners consist of either a bologna, turkey, cheese, or peanut butter sandwich. Since their detention, not one of them has had a hot meal. If not for the commissary, these men and women would be surviving on less than 1000 calories a day.
Each J6 defendants’ cell consists of a bunk with a thin mattress, (1) thin threadbare blanket, while some don’t have even a blanket, no pillows, and a toilet. The winter months have been brutal for these men because there is little to no heat. Frost covers the cell windows and outside cement walls; many have reported to family members that they just cannot get warm. The sewer system backs up on a regular basis and overflows onto the cell floors, which the inmate must clean up the best they can.
Reports of physical and psychological abuse by DC Jail Correctional officers.
It’s not uncommon during recreation for a detainee’s cell to be ransacked and personal letters and items taken from the cell.
Recounted by another J6 detainee, “Earlier this year D.C correction officers savagely beat a fellow Jan 6th inmate for trying to organize a bible study. They zip tied his hands behind his back and beat him unconscious with their metal flashlights. He woke up in a pool of his own blood. He suffers from a detached retina, fractured skull, fractured orbital, blood clots and brain swelling. He is now blind in one eye. The corrupt FBI cleared the officers involved of this attempted murder and claim this man zip tied himself and detached his own retina which is obviously absurd.” He fears he may be next and can’t sleep at night having already experienced abuses from officers while in solitary confinement.
On Veterans Day 2021, during recreation, a Veteran who had his legal paperwork in hand and about to call his attorney was maced by a Correctional officer, as he tried to run away from the assault, the guard continued to chase him down using the entire can of mace. Two other inmates, both Veterans were also caught in the crossfire. Everyone else was locked in their cell. The guard used so much mace, that it got into the ventilation system causing physical injuries to other J6 detainees.
One detainee, A Veteran Army Ranger, after a face-to-face with his lawyer, was strip searched, handcuffed to a chair, maced, beaten and sexually assaulted. Thankfully, during his pre-trial court hearing, the Judge ordered an immediate transfer to another facility.
There are many other reports of abuse by the guards who are specifically targeting the J6 detainees, both physically and mentally. This includes coercion to get them to denounce their love of country and political viewpoints. In addition, they are also being denied basic medical treatment for pre-existing conditions and injuries, like the broken finger of an inmate sustained by the beatings.
IN THEIR OWN WORDS
The following segments have been taken from each of their contribution pages, linked from the Patriot Freedom Project website or interviews with their spouses.
Army Sgt., Joseph Padilla, an Iraqi Freedom disabled Veteran has been detained since February 23, 2021. Rebekah, his wife said, “he was arrested in Cleveland and moved three times until he finally ended up at the DC Jail last summer.” Jose, like many Veterans suffers with intense PTSD which has been compounded with his detainment. “Physically, he is doing OK, but losing a lot of weight. He freezes at night; he just can’t get or stay warm. The guards punish the inmates and every hearing he’s scheduled for is extended 60 days and when he had a public defender, they were trying to get him to take a plea deal.” The punishment extends to their son in school who is bullied by other kids calling his dad a ‘terrorist.’
Retired Army Sgt. Kenneth Harrelson, medically retired after serving from 2007 to 2011. In January 2022, his wife Angel writes in a letter to the US Marshal Service, “My husband, Kenneth T Harrelson has been denied all communications to his attorney and to myself (his wife) and he does not have any blanket or pillow to keep him warm, this is a violation of his rights!” In speaking with Angel, we also learned that Kenneth was recently sent to “Medical 82” for a condition that is not transmittable. Medical 82 is essentially isolation & quarantine, with very little medical treatment, if any. After his return, “his breakfast was a rotten egg, 2 pieces of dry bread and condiment packets,” Angel said.
James McGrew, USMC Combat Veteran. His mother writes, “My son is being held as a Political Prisoner in Washington for Jan 6th Rally. We were there to express our voice that day on election integrity. He was arrested May 27th and is being held with no release. He is a veteran of the Marine Corp and joined after 911 to fight for his country. While he was serving his country, he and two other Marines were hit by a IED while on patrol. He would downplay his injuries until he finished his tour over there and back home. The transition was not easy getting out on Honorable discharge for medical after his enlistment of only 4 years because he wanted so bad to stay in and be there with his buddies. James’s loves his country; He is a 3rd generation Marine. His Grandfather and his Father were also Marines. James was brought up to Love and Fear God. He is a father of one son and helps take care of an Old Mom. James needs medical treatment also that may require surgery.”
Sean McHugh writes, “This is absolutely inhumane treatment for the refusal of a covid test. Now that I’m out of the 14-day lockdown it’s back to 22/24 and we still get no outside recreational time, and the food is still half rations with no nutritional value. I’m losing strength and my body is deteriorating.”
Ryan Nichols, USMC Veteran writes “Personally, I went through 5 jails within 50 days before finally being locked in solitary confinement for 23 hours a day ... My family has been extremely impacted by all of this. My children are devastated that daddy was suddenly yanked out of their lives without any notice at all. My youngest, who just turned 5, tells me he “doesn’t even remember what I look like,” and wants to know “am I ever coming home?”
Lonnie Coffman, Retired Army Sergeant and Vietnam War Veteran. “I didn’t commit any violence. I didn’t break anything, and I came all by myself, but they have got me charged with about 15 misdemeanors and 2 felonies. They have quarantined me twice and put me on suicide watch once. The way they treat you on suicide watch, at least for me, is enough to make you think even more seriously about it. I am on several medications; one is an antidepressant that I have been on for a few years. The Veterans Administration put me on it, but it took about 4 months for these DC medical people to get the dosage right and they cannot seem to get the meds to us on time. I spent almost 10 years in the Army (Sgt), a year of that in Vietnam, and even they were not as disorganized as this place. Writing about Vietnam brings back memories of the hippies and how much they hated us and how they spat on some of us and called us baby killers. Enough of that.”
Jeff McKellop, 30-year Army Veteran, served in the 101st Airborne Division, 2nd Ranger Battalion, 3rd Special Forces Group. “Since Jeffs incarceration, his life has been totally obliterated! He is currently going through a bitter divorce, he has lost his honorable and highly respected job, all his savings has been spent trying to find genuine attorneys to represent him, and his two kids are experiencing extreme hardships from the backlash of this traumatic day from their peers at school. Overall, Jeff is also having a tough time finding an attorney in the DC area that would represent him aggressively and by being unbiased.
…
If there is a silver lining among the J6 detainees, it’s their American spirit and the resolve to stand firm for what they believe in. Every night at 2100, they sing the American Anthem, The Star-Spangled Banner, in solidarity with our country and each other.
O thus be it ever, when freemen shall stand
Between their loved homes and the war’s desolation.
Blest with vict’ry and peace, may the Heav’n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: ‘In God is our trust.’
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave!
WHERE DOES IT GO FROM HERE?
Regardless of each individual’s culpability, whether justified or unjustified, their voices cannot be silenced anymore. And that’s where the Patriot Freedom Project comes in, they have created a foundation to help raise defense funds to ensure that as many defendants as possible have counsel that will fight for them. In addition, their website provides contact information for the detainees for cards, letters, and care packages.