Phillip Chojnacki
Some Go To Prison.....Some Get Special Treatment
Fri Jan 16 11:55:39 2004
68.92.176.189

Keep Writing to Dick
Please keep writing to Dick Simkanin. He has told us that reading your letters is making the days go faster and keeps his spirits up. Send your thoughts of support and encouragement to Dick.

Richard Simkanin
REG# 30383-177
FMC Jail Unit
P. O. Box 15330
Fort Worth, Texas 76119


Dick’s Applesauce Story

While visiting with Dick and talking to him through a steel screen while waiting for the jury’s verdict, we asked Dick to describe the jail house and to describe for us the jailhouse daily routine.
He had relayed previously that his fellow prisoners and the prison staff have been very interested in the legal details of his prosecution and were following his case closely.

It was during the course of that discussion that he told us the following story:

One day Dick went back to the chow line for a second helping of applesauce. Instead of a second helping, the man whose job it was to hand food to the inmates yelled, “Get outta here Simkanin -- no seconds.”

Dick said after quietly returning to his table another inmate approached him and gave Dick his applesauce. Then another inmate did the same. Then another -- and another. Soon, Dick said, his tray was overrunning with applesauce.

Leave it to the criminals to know when a real crime has been committed.
United States of America

Merit System Protection Board

Phillip J. Chojnacki,

Appellant

No.DA-0752-95-126-I-1

vs

Department of the Treasury.

Appellee

Settlement Agreement

The parties solely to resolve this matter without further litigation freely and voluntarily enter into the following agreement in settlement of this appeal.

1. The Bureau of Alcohol, Tobacco, and Firearms, Department of the Treasury (hereinafter "Agency") will reinstate Phillip J. Chojnacki (hereinafter "Appellant") to federal service retroactive to October 28, 1994, with back pay and benefits, less any offsets or witholdings required by law. Pursuant to the terms specified below, Appellant will be reassigned to the position of Enforcement Programs Specialist (Series 1801, Grade 14, Step 10)....

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4. If by January 9, 1995, Appellant has any unused annual leave in excess of 240 hours, commonly referred to as "use or lose time," Appellant will be allowed to carry over this unused "use or lose" leave to 1995.

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11. The Agency will pay Appellant's attorney's fees to the extent that such fees are reasonable, not otherwise covered by a legal defense fund, and are in accordance with law and substantiated by an itemized statement of service....

12. ... Both parties further agree that all documents filed by them or on their behalf, including, but not limited to, the petition of appeal, the Agency file, motions, and supporting documents, to the extent allowed by applicable Board law and regulations, will be withdrawn from the official record of this appeal. Appellant and Appellant's counsel agree not to disclose reports of the interviews conducted by the Waco Administrative Review Team, the Texas Ranger interviews, and the ATF shooting review notes, which were provided to them in the course of this matter.....

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14. ...Any reference in the OPF (Chojnacki's official personel file), the Employee Performance File (EPF), and in any disciplinary file, to this disciplinary action will be expunged. Any documents in these files relating to or concerning disciplinary action will be removed and destroyed. The SF50, reflecting the Appellant's removal, will be expunged and replaced with an SF50 reflecting a voluntary action by the Appellant.

/s/ Phillip J. Chojnacki, Appellant 12/20/94

/s/ Gail M. Dickerson, Attorney for Appellant 12/21/94

/s/ Daniel Black, Deputy Director ATF 12/16/94

Federico Lopez, Agency Counsel 12/16/94

• Terrorists : _Idiots _Representing _Satan — Larry Pratt / G O A, Fri Jan 16 13:06