by Joe Biel
I also offer a position in the Office of Restorative Justice when he is released. The position is for clerk in the Partnership for Re-Entry Program (PREP), a mentoring program that supports parolees upon release. This is a volunteer position to help with the transition. The position would include filing, letter writing, phone calls, computer work, and generally supporting us in our work to reintegrate parolees into society. Additionally, PREP works in partnership with Ernest Roberts at PV Jobs [www.pvjobs.org] and guarantees Mr. Torrey an interview with Juan Alvarado, job developer, upon release. Mr. Torrey has learned marketable skills that will enable him to enter the job field. PREP will support Mr. Torrey until he secures a job and affirms him in his return to society through the community of Los Angeles.
Mr. Torrey’s years of detention have given him a new perspective of life and a desire to be a conscientious, law-abiding and self-sufficient citizen of the community. He has taken his rehabilitation seriously and has proven this by his active involvement in BAD, YDI and countless other at-risk youth organizations. Surely the prophet Isaiah speaks to the justice system when he says: “Comfort, O comfort my people, says the Lord. Speak tenderly to Jerusalem…he has served his term”. I implore you consider finding Mr. Joey Torrey suitable for parole release when he appears before you.
I remain,
Sister Mary Sean Hodges, OP
Director, Partnership for Re-Entry Program, PREP
213-438-4820 ext. 23
CC: Mr. Joey Torrey
CCI Bond
NAME and NUMBER: TORREY, JOEY, C-475S4 or V-21699 (B10-150L) CDC-128-B (Rev. 4/74)
Recommend that Inmate Torrey be considered for release on his next available Board of Prison Hearing (BPH). I met l/M Torrey at CTF-Central over twenty years ago when his CDCR # was C47554. I/M Torrey has always been truthful, respectful and acted with the utmost integrity when interacting with staff. In 2004, we again crossed paths at MCSP, where I was the CCII Supervisor on Facility B.
When Torrey and I were on B Facility at MCSP, Torrey had just been returned to prison from a release on an appeal bond. Many things had been happening that were detrimental.to Torrey’s period of incarceration. These things included his being issued another number (V21699) which also resulted in the deletion of the previous twenty-plus years he had already served. On numerous occasions, I sat with Torrey to encourage him to maintain his positive attitude, to stay on course and to not lose hope that he would prevail. Torrey always maintained his positive attitude, educated himself and kept insight into his crime, all the while patiently waiting for the system to catch up to the situation.
Two events that stand out with Mr. Torrey that attest to his character and rehabilitation:
1. In 1982, he saved a correctional officer at CMF from being beaten and raped by another inmate, despite the retribution that was eventually taken against him. Torrey has always addressed the issue as “doing what was right” indicating that he had at least gained enough insight into his crime that he understood what the responsible thing to do was and he eventually suffered an assault by the inmate that attacked that officer.
2. While released on an appeal bond, Torrey was free to do as he chose, without parole or any other supervision. Torrey did not receive so much as a parking ticket in the two years he was out of prison. He was also living in Costa Rica at the time he was ordered back to prison. Instead of ignoring the order and remaining in Costa Rica, he returned and faced his peers and accepted responsibility for his actions.
In closing, Torrey has served his sentence with the utmost honor and integrity. He has conducted himself as all people should and has been an inspiration to other inmates as to how they need to conduct themselves. Mr. Torrey has great respect from his fellow inmates and staff. Rehabilitation is a key component when determining which inmate qualifies for release. Based on his years of incarceration coupled with all of his accomplishments that he has earned as a programming inmate, Mr. Torrey deserves another chance at being a productive citizen. Recommend he get this chance.
Joey was again called to legal mail from the loud speaker and was handed a letter from Vacaville, checked the name, and opened it while walking across the yard back to his cell block. Joey slowed his gait as he read, to the point that he claims he was standing in the middle of the yard while a soccer game was going on, with people yelling at him.
Counselor Bond had informed the old Captain Dave Arnold about Joey’s case, and his lack of parole. Captain Arnold was now Warden Arnold and violated the unwritten rule of state administrators—he went to bat for an inmate. Arnold felt he saw a change in the Joey he had known as his inmate to the one who had saved his officer.
Joey was appointed yet another State Attorney who visited him, sure that he would be paroled; but then supposedly requested $5,000 to “truly put [Joey] over the top,” or for $10,000, represent Joey in all levels of appeal when denied.
On February 2, 2011 Joey sat outside the hearing room as the sun set on the window behind the commissioner. He had to wait as yelling ensued between the Commissioner and other inmates for almost two hours, but finally it was Joey’s turn and he entered the gloomy room with green name plates in front of each member.
He said everyone smiled except for Commissioner Gilliam, who instructed him, “Son be seated, what do you want?” Joey stated his name and what he expected to happen.
Commissioner Gilliam then turned to Joey’s attorney and stated, “I have been here since 7:45 a.m. and Joey wants to hurry this up?” Joey burst out, “Bitch, I’ve been here since 1979, and I demand a fair shake!”
The Commissioner explained that Joey was being denied his freedom based on a history of violence and breaking the rules. Joey had received an Advisement of Expectations report for refusing to take a Tests of Adult Basic Education (TABE) test in 2004, claiming he had already taken one in 1979. Joey has since received his GED and Associate of Arts Degree.
The 76 year old Commissioner’s voice rasped like that of a smoker, as she compared Joey to the previous inmate. Joey’s state attorney then said, “Mr. Ramirez, has served his time!” Commissioner Gilliam replied, “Maybe if you got his name right and filed the 236-D Form he would be going home.” His parole was denied.
The commissioner asked Joey if he had anything to say. Joey stated, “Respectfully, Ma’am, Commissioner, how can I be considered a threat when I was released for two years, traveling the world and never committed not even a traffic ticket?” [sic]
Continuing to plead with the commissioner, Joey stated, “I was free for two years and every time my car went past 55 mph, I slowed thinking of this day, and how I was to turn myself in on 01/24/2004, and how proud you all would be of me, an old time lifer released after serving 25 years and returned.” Did Joey rewritte history that he’d turned himself in?
Without missing a beat, the Commissioner responded, “Unfortunately you were released, but I am going to solve this right now because I’m tired, Parole denied until November 2013.
The hearing had gone by without a mention of him saving the officer from being raped or his 20 years without a serious infraction of the rules, other then refusing to take a TABE test. He now claims that the reason he did not take the TABE test is because they had identified him based on his old CDC number and that supposedly the instructors had told him only to appear for his current CDC number.
In a few months the Commissioner retired, forcing Joey to wait three more years for his next parole hearing.
California Board of Parole Hearings
Arthur Anderson, Presiding Commissioner
Post Office Box 4036
Sacramento, California
95812-4036
Subject: PETITION REVIEW
Dear Mr. Anderson;
I do hope that this missive finds you well. I wish to begin sorting out my hearing conundrum beginning with my May 1 , 2008 hearing that was a confusing calamity with the presiding Commissioner stating, “There’s something wrong here.” (See attached “A”). The Dep
artment of Corrections failed to clear up this blunder; and I am again brought in front of you Commisioner Anderson on May 29, 2009. You tell me that I need to get credits for decades served and points made properly applicable. (See exhibit “B”). I then spend the next year in the law library getting all that you requested through a writ of Habeas Corpus, the courts corrected what the Department of Corrections refused to correct; while simultaneously I wrote the Board of Parole Hearings hoping that someone would correct this error (See exhibit “C” & “D” hereto).
Following this I was assured by your legal affairs division that a new hearing would be held as soon as possible. I was sure justice would prevail after complying with your directive and including two (2) years free in society, that would equate to my being paroled. (See exhibit “E”). Sir, I was assured by you and your associates, on and off the record, that this continued blunder and ‘bum rush’ would end once I was given the credits that you requested.
On November 11 , 2010, I was inspired that I’d be paroled with all credits made applicable, but I was utterly astonished when the attorney John Dyer informed me prior to walking into the hearing that my hearing was going to be postponed again. He stated, after leaving Commissioner Arbaugh, “Good news is you are going to get a date. Bad news is they are postponing this hearing till you get a new Psychological report.” (See exhibit “F”). Heart in hand I was amazed that the BPH and CDC&R would of, and should of, known prior to this hearing that I needed this new Mental Health report; and once again was sure that on my new scheduled date February 2, 2011, justice would prevail!
Commissioner Anderson, I did everything that you asked of me to obtain my parole. Everything and more that has been asked of me. And sadly when I walked into the parole board hearing I was verbally disrespected by Commissioner Gilliam, and to this day ‘still’ do not know why I was denied parole but again?
Commissioner Anderson, you looked in my eyes and gave me your word that if I did what you asked, all would be just fine. I have now served 33 years on a five (5) year plea agreement. I have watched kids parole who have half my time on much more brutal and heinous crimes. Commissioner Anderson you told me what to get corrected… And through my effort the court gave me back my old CDC&R number (C-47554), something that the Department of Corrections refused to do.
The courts stepped in and did what no one else would. Lets be honest Commissioner Anderson, I would not have been scheduled for a parole hearing in May of 2009 if I was not eligible right? I did what I was forced to do, burdening the courts. I am only a man who has been the best that he can be. The problem is that you request something, then I do not see you again? If you please take the time to read the attached Exhibit “F”, you will see that Hearing Comments state: “the inmate’s attorney has prepared for this hearing and has requested to represent inmate at his next scheduled hearing.” Point in case sir, I was given a new attorney and never saw these Board Commissioners. This wasn’t intentional, was it? Re-stacking the deck against me?
Respectfully, Commissioner Arthur Anderson, from one hearing to another I am informed to complete a task; then denied after completing what was requested of me. Therefore I am requesting a new, full and “fair” hearing; during the ‘day time’ and not at 8:00 p.m.; as in my last hearing. Because, all I recall is Commisioner Gilliam stating how tired she was and to hurry it up.
In closing, I thank you for your valuable time on this critical (freedom) matter. I can only hope that you will do what is fail Commissioner Arthur Anderson. I have completed everything that was requested of me on May 29, 2009; and, to this date completed every task and, leaped through every hoop; I rightfully deserve a Petition review granted and new hearing forthwith…please.
Respectfully submitted,
Joey Torrey
C-47554 : B10-15OL
MCSP : POB 409040
Ione, California
95640-9040
CC: Legal Petition
Legal Affairs
K. Alsobrook
A. Bond, CCI
T. Lum, Esq.
G. Cruise
On June 1, 2012, Joey watched other life inmates released on parole who had served half the time that he had. One kid had not even been born when Joey arrived in prison, yet had served 15 years of a life sentence. Each of them had attorneys.
Joey says he spent many years pondering how he could raise $10,000 for a qualified attorney as there was no one to give or loan him the money. Though he did demand it from me over a period of months, but unfortunately, I do not have $10,000 either.
Joey wondered what became of his celebrity friends and why he hadn’t heard from them. He remembers having $10,000 dinner bills during his extravagent years in Vegas.
In July Joey was again called for legal mail line and received the following letters:
August 13, 2009
Joseph Torrey
V-21699 B-10-150L
Mule Creek State Prison
P.O. Box 409040
lone, CA 95640-9040
Dear Mr. Torrey:
This is in response to your letter received by the Board of Parole Hearings (Board) on April 29, 2009. Specifically, you requested that the Board’s hearing panel take into consideration releasing you on parole at your May 29, 2009, parole consideration hearing.
Unfortunately, the Board was not able to respond to your letter before your May 29, 2009, parole consideration hearing at which you received a two (2) year denial. Your next parole consideration hearing is due in May 2011. At your hearing you were given the opportunity to discuss your issues and/or concerns.
Joey believes the problem is that he refuses to tell the parole board what they “want” to hear. On August 2011, after his last appeal was denied, based on a mental health evaluation, Joey was summoned for a parole board mental health report, and found to be A-1 except for being a narcissist. He says he did not know what it meant to be a narcissist.
Joey, long known for his detective skills, seemed perhaps unwilling to learn or acknowledge they were referring to his selfishness, vanity, pride, and ego—his attitude of I do what’s best for me in any given scenario and then attempt to justify it later.
220 4th Street, Suite 103
Oakland, CA 94607
Tel: (510) 271-0310
Fax: (510) 271-0101
www.theuncommonlaw.com
Keith Wattley
Managing Attorney
July 12, 2012
LEGAL MAIL
Joey Torrey (C-47554)
Mule Creek State Prison
P.O. Box 409040
Ione, CA 95640
Dear Mr. Torrey:
We are sorry to hear of your recent denial from the Board of Parole Hearings. Unfortunately, we do not have the resources to represent clients without a fee. Our fee to file a writ challenging the BPH’s denial is $10,000 for all three levels of state court (Superior Court, Court of Appeal, California Supreme Court). Half the fee is due up front, with the balance due 60 days after the petition is filed. If that fee does not work for you, we could charge $3,500 to draft the petition for you and ask the court to appoint us. In that case, the full amount is due up front.
The only way to get a hearing sooner than 3 years is if you petition the Board through a Petition to Advance Hearing (1045a form). Lifers can use a 1045a form to request an earlier hearing if they can show some new information or changed circumstances that make the longer denial (in your case seven years) no longer necessary or reasonable. If you would like us to file a 1045a for you, our fee is $2,000.
If the fee is acceptable to you, please let us know and we will send you a fee agreement that explains what our representation would look like. Please also send us a copy of your parole hearing transcript when you receive it. Thank you again for writing, and we look forward to hearing from you again soon.
Sincerely,
Ritika Aggarwal
Paralegal
The person performing the exam was a short, attractive, 20-something woman. She asked
Joey to sit down and then asked if he ever thought about killing himself and why he did not participate in the “A.A.” program. Joey complained to her about listening to child molesters blaming their mothers for not loving them and how he needed a drink.
She smiled and asked Joey what he felt about himself. Joey told her that in order to make it this long in a cell, locked for 23 hours a day, not knowing when or if the next man wants to kill him, that in order to survive, he “must” think “that the sun rises on my ass, and sets on my crotch.”
She asked Joey if he was a narcissist. He says he smiled and asked her why she wears make up, lip stick, and plays with her hair. Joey says “If my only crime after 35 years is that I think awesome [sic] about myself, then wow, the system is truly broken.” While he’s quick to contradict himself to claim he was “out there in society obeying all the rules and speed limits,” he seems to actually believe this despite what he wrote of that same time in his own memoir less than five years prior. He’s quick to ignore the parts of the story that condemn him and reacts angrily when someone suggests that his story contradicts itself. He doesn’t seem to notice that this is exactly why the State of California is so insistent on holding him while they release people convicted of far more grevious crimes (who also generally happen to hire attorneys that costs in the tens of thousands of dollars).
Unshakeable, Joey finds a new girlfriend who he dubs “Queen Meshelle.” She mails him articles including one about Senator McCain and his “Boxing Bill.” Joey sat for an hour looking at this document and reading the date and noticing that he is still being mentioned eight years later in June 2012.