DONALD C. RANDOLPH, ESQ., California State Bar Number: 62468
RANDOLPH & LEVANAS
A Professional Corporation
1717 Fourth Street, Third Floor
Santa Monica, California  90401-3319
Telephone:  310/395-7900


Attorneys for Defendant
KEVIN DAVID MITNICK




	UNITED STATES DISTRICT COURT

	CENTRAL DISTRICT OF CALIFORNIA



 UNITED STATES OF AMERICA,

Plaintiff,

v.

KEVIN DAVID MITNICK, et. al,

Defendants.


_________________________________	)
CASE NO. CR 96-881-MRP

EX PARTE APPLICATION FOR ORDER THAT DEFENDANT BE HOUSED AT MDC PENDING DESIGNATION

NO HEARING REQUESTED

 

TO ALEJANDRO MAYORKAS, UNITED STATES ATTORNEY, AND TO HIS ASSISTANTS DAVID SCHINDLER AND CHRISTOPHER PAINTER:

 Defendant, KEVIN DAVID MITNICK, by and through his attorney of record, Donald C.

Randolph, hereby brings this Ex Parte Application For Order that Defendant be Housed at

MDC Pending Designation.  Mr. Mitnick requests that he immediately be transferred to the

Metropolitan Detention Center, Los Angeles until he is designated and transferred to some

other facility operated by the Bureau of Prisons to serve the remainder of his sentence.  

In the alternative, Mr. Mitnick requests that this Court issue an order mandating that he

be housed at some federal facility pending designation where kosher foods are available

to inmates.  As of the filing of this Application, the government is not known.


Good cause for this application exists as follows: 1. Mr. Mitnick is a Jewish inmate who,

according to his religious beliefs, eats only kosher foods; 2. On August 11, 1999, Mr.

Mitnick was transferred to the San Bernadino Central Detention Center by the U.S. Marshal

Service.  This institution is a county contract facility which houses some federal

inmates pending designation by the Bureau of Prisons; 3. The San Bernadino Central

Detention Center does not serve kosher foods.  San Bernadino CDC offers a choice of

standard or vegetarian meals only. 4. Mr. Mitnick has a constitutional right to maintain

a kosher diet in accordance with his religious beliefs.  See, Ashelman v. Wawrzaszek, 111

F.3d 674 (9th Cir. 1997). DATED: August 16, 1999


Respectfully submitted, RANDOLPH & LEVANAS

By:	_________________________

Donald C. Randolph

Attorneys for Defendant

KEVIN DAVID MITNICK











 DECLARATION OF DONALD C. RANDOLPH

I, Donald C. Randolph, declare as follows,

1. I am an attorney at law, a member in good standing of the Bar of this Court, and

counsel of record for defendant Kevin David Mitnick in the above-entitled case.

2. On August 11, 1999, Mr. Mitnick was transferred from the Metropolitan Detention Center

("MDC") to the San Bernadino Central Detention Center ("SBCDC"), a contract facility

operated by the County of San Bernadino, where he is to be housed pending designation.

3. Based upon my experience, the designation process ordinarily takes between 30-45 days.

4. On August 12, 1999, Mr. Mitnick advised our office that the SBCDC did not have a

kosher diet available, therefore, he was unable to eat without violating the tenets of

his religious beliefs.

5. On August 13, 1999, I personally spoke with Rabbi Hillel Cohn who is the rabbi with

responsibility for inmates at the SBCDC.  Rabbi Cohn confirmed that that facility does

not offer kosher meals.  He is aware of instances in which federal detainees of the

Jewish faith have been transferred from the facility because of this problem.  6. On Aug

13, 1999 I spoke with Rabbi Aaron Kriegal who overseas the Jewish inmates at the MDC.  

Rabbi Kriegal confirmed that the MDC does comply with rabbinical standards and offers

kosher meals to Jewish inmates.  He further confirmed that this is not the case at SBCDC.  

Rabbi Kriegal stated that even a vegetarian plate at SBCDC does not comply with

rabbinical standards for kosher food in that the vegetables are prepared in the central

kitchen and at the same time as all non-kosher foods for the general inmate population.

7. I am informed and believe that most, if not all federal institutions offer kosher

meals.  However, as a county facility contracted to house federal detainees, the SBCDC

does not offer kosher meals.

8. Mr. Mitnick is a member of the Jewish faith, and has been an active participant in the

practice of that faith while housed at the MDC.  In compliance with his religious

beliefs, Mr. Mitnick has maintained a kosher diet during his detention at the MDC.  By

virtue of his abrupt transfer and placement at SBCDC, he is unable to eat in accordance

with his religious beliefs.


I declare under penalty of perjury that the foregoing is true and correct.

Executed this 14th day of August, 1999, at Santa Monica, California.

_______________________
Donald C. Randolph