I didn't tell you to go in there, turn left, see that door with a bloodshot eye on it,
it's not a psychic, it's not an oculist, it's a dick, America's only detective, he's ready
for action, he's ready for adventure, he's Fred Hershkowitz, c'est moi, host of Home Fries,
8 p.m. Friday nights, live radio, comedy, call-ins and music on WBAI in New York City 99.5 FM.
You've reached the 2600 voicemail system.
To get involved in the Bernie S. protest, press 7 now.
Ed has been granted an unconditional emergency release from prison as of 5 p.m. on Friday, September 13th.
We're going to pick him up now, we'll give you more details later.
Everybody, thanks for your support and your hard work.
The telephone keeps ringing, so I ripped it off the wall.
I cut myself while shaving, now I can't make a cough.
It could be yet much worse, but if they could, they would.
But I best expect the worst.
I hope the fun is good, but let me know.
Thank you.
Yes, what you heard is the truth.
Bernie S. was released last Friday,
and I'll tell you, it was a pretty surprising development,
something that we were hoping for,
but when it actually happened,
it was just sort of surreal and strange.
We got the phone call from Bernie's lawyer, actually,
late Friday afternoon, saying, guess what?
He was just released, just like that, you know?
Well, I guess all the pressure, all the attention,
it was building, you know?
It was really building towards something.
This program tonight was originally supposed to be
kind of a rallying cry for a protest
that was going to take place on Thursday.
We'd gotten to the point of actually renting buses,
getting people signed up.
It was really taking off.
You know, we were getting quite a lot of interest
from all over the country.
People were coming from different states.
You know, there was a bus coming from New York
to eastern Pennsylvania,
which is where it was going to take place,
one of actually a few demonstrations.
And we were getting calls from Massachusetts, Ohio,
even places like Wisconsin,
where people were planning on going down
and being a part of this day of protest
outside the Northampton County Courthouse.
So, Friday afternoon, we don't know exactly how,
and hopefully we'll find out tonight,
but it worked.
That's all I really can say.
It worked.
A lot of people, and I really have to thank VAI listeners
for their incredible participation in this.
We had hundreds of phone calls
from people like you out there
who were outraged by the things
that have been happening over the past two years,
and they called places in Pennsylvania,
they called the prison officials,
they called the governor,
they called senators,
they called civil rights groups,
they called everybody, the media,
and that resulted in more calls.
They were being flooded.
They were being avalanched with phone calls
and with attention that they did not want.
And finally, somebody,
somebody somewhere along the hierarchy
decided that enough was enough
and this had to stop.
It's all we ever asked for,
and they finally got to that point.
So, I guess, I guess,
we really, really should be happy.
We should be proud of the job
that all of us got together and did.
And we should never forget
that we have the power to make change
when it really comes down to it.
There's a lot to not be happy about, obviously,
that this whole thing had to happen
in the first place is one of them,
that it took Ed being almost beaten to death
for people to really wake up and take notice.
And we should be unhappy
that it could be any one of us next.
But for now,
for now, I think we should kind of relax
and just take pride in the job we've done
and, I guess, breathe a little bit.
We'll be taking phone calls just a little bit.
Just a perfect day
Drink sangria in the park
And then later, when it gets dark, we go home
Just a perfect day
Feed animals in the zoo
Then later, a movie too
And then later, when it gets dark, we go home
Oh, it's such a perfect day
I'm glad I spent it with you
Oh, such a perfect day
You just keep me hanging on
You just keep me hanging on
Just a perfect day
Problems all left alone
Weekenders on our own
Weekenders on our own
It's such fun
Just a perfect day
You made me forget myself
I thought I was someone else
Someone good
Oh, it's such a perfect day
I'm glad I spent it with you
Oh, such a perfect day
You just keep me hanging on
You just keep me hanging on
You're going to be just what you saw
You're going to read just what you saw
Ah, yes. Now that we've all relaxed a little bit, time to get on with the show.
And Pam is here with, I guess, all the details as to just how this came about, as far as what we know.
First of all, Ed is back in Philadelphia, correct?
He's back in Philadelphia, yes.
And he spent the weekend in New York. He was allowed to travel.
Absolutely.
Which was a good thing. And a lot of us saw him for the first time in a long time.
A lot of us saw him for the first time.
And it kind of sucks that he has to, he can't chew anything.
You know, I guess when you get out of prison, one of the first things you want to do is eat something.
And unfortunately, he just had to suck through a straw.
But I made for some interesting scenes in diners.
We actually tried to go to a very nice restaurant last night.
And Ed ended up having a very good Cajun jambalaya made into a milkshake, basically.
Yeah, well, that's something that I guess could be fashionable.
A little different.
Yeah. So tell us the status of where he is right now.
Well, where he is, he's actually very comfortably ensconced at a friend's house.
What happened yesterday, he had to report to his federal probation, actually I shouldn't call him a probation officer,
the federal supervised release agent officer.
And apparently this person who was supposed to have been notified by Northampton County
that Ed was coming by to see him on Monday did not get a phone call like that.
So it was a total shock and surprise.
The usual way they'd do business.
Normal. Very, very normal.
But, you know, they were polite.
Ed had to take a drug test and wait around a bit for them.
He also was not allowed to bring his wire cutters into the visit with him.
He has, of course, his jaw wired shut.
And it's kind of important that he gets to take them around with him.
But that wasn't too much of a big deal.
The visit went fine, but basically at this point they don't know what his status is.
This guy, Bob Schoenberger, his parole agent, said that he wasn't sure that he was the right person to supervise his release.
So he was going to be in touch with the other authorities today.
I didn't get an update on that as of yet.
And the problem with that is until Ed is officially either on parole or on supervised release,
the time that he's on this furlough means it might not count for his parole time.
So he's a little concerned about that.
But all things said, no, he's out, at least.
Just the fact that he's able to walk around and talk to people the way that he's able to now.
We walked around South Street last night, had a really lovely time.
And he's walking around like a free man, shopping in the grocery store, having dogs, and singing in the rain last night.
But it was really a joy just to see him out and free.
It's unbelievable.
We went to Easton on Friday night, and he was waiting for us in a McDonald's.
Because they basically said, I guess they just sort of grabbed him and said, okay, get out of here.
Well, yeah, it was kind of interesting what happened.
They basically said, I think it's mostly due to a combination of pressure from his lawyer to the judge,
the growing number of phone calls that were coming in all over Northampton County, Bucks County, to parole offices, everywhere, basically.
And some rampant media attention looming in the very short distance.
Well, you know, the funny thing is that now, now that he's out, all the media people want to talk to him.
Of course.
Everybody wants to talk to him now, but nobody wanted to do the work to get to the point where they could talk to him.
But now that he's out, you know, we're being delish with calls.
Can you give me an interview with Bernie?
It's like, you know, where were you a month ago when you really needed some pressure?
Right, or even a week ago where...
Absolutely.
Or two weeks ago when he was beaten up where that kind of pressure could have gotten him the correct medical attention when he needed it.
But we can't really revise history.
At least he's out.
He is out.
That's really all that matters.
And I think that's the focus of what we're talking about here tonight.
Absolutely.
But also, I mean, we have to point out the fight does not end here.
There's a lot that has to be rectified with the situation.
There are a lot more people that are at risk.
There are a lot more people that are in prison right now.
So we can't forget about them, and we can't forget that we have the power to make change.
I really, though, again, I have to extend a tremendous thank you to the listeners of this program, of this radio station,
for their tremendous part in this monumental event.
And, I mean, Pam, I think you were listening to some of the voicemail that was coming in from them.
Yeah, the BAI listeners were totally supportive of Ed, gave a lot of great suggestions about nutrition,
about who else we could contact, like congressional or constitutional law people
and different medical research areas that could help Ed get the right kind of care.
And just even the plain old voicing your support.
I've actually given Ed the number so he can listen to all the messages that came in.
And I'm pretty sure he'll be updating that soon himself anyway.
He's also seen all the email that people sent to the protest list.
I printed that.
And very soon you will be able to get a reply from Bernie S.
Yeah.
So he'll be getting logged in to 2600.com,
and he'll be able to actually respond to the things that have been said to him from around the world.
And the mail has just been incredible, coming from all different continents.
I mean, his name has just gotten so out there.
There's kind of a funny story.
Hopefully, when he calls in, he'll enliven it.
But when he was waiting at the McDonald's, he actually was chatting to somebody else.
It was pouring rain.
If you guys remember, driving through the pouring rain, he was stuck out in it, or at the McDonald's in it,
chatting with somebody he just happened to be sitting next to, who was a comp sci major,
and had heard of him, it turned out.
You're a kid.
So, you know, she let him, like, watch her bags while she went to use the telephone.
And then he turned out, you know, and said, thanks for letting me watch your bags.
Nobody's trusted me in a hell of a long time.
And he told her the whole story.
So she actually knew who Bernie S. was.
She was a local college student.
And she'd heard about the case.
That's incredible.
That's incredible.
The word really got out.
Yeah.
People did a great job spreading it around.
One other amusing anecdote there.
We took Ed to see his lawyer yesterday afternoon after the parole visit.
And apparently in the lawyer's office, I was waiting in the waiting room,
but apparently in the office, the lawyer and a few of his associates were actually getting updates from us
on the website and the protest list as to Ed's status.
Well, it's hard to get to talk to him, and his lawyer's a very busy guy.
Yeah, but he's a lawyer, you know.
He's a lawyer.
He can make a phone call.
Right.
But I just thought that y'all would find it interesting that they were actually checking in for the updates on the website.
Well, you see, this is something, a very important thing for the listeners and for people on the net.
When the media fails us, when the system fails us, we become the media.
We become the system.
The radio station is not a one-way thing.
It's not us just talking down from a mountain.
It's two-way communication.
And this is a perfect example of that.
People responding, people doing things, and making a change, making a big difference.
Ed is free now, and I'm convinced it's because of the actions of the people out there.
And words cannot express the way that makes me feel.
And it's just a very valuable place that we have here, a very valuable way of reaching people.
So that's something I don't think any of us should ever forget or take for granted.
All right.
I guess we can take some phone calls.
212-279-3400.
And I believe Bernie will be calling in shortly, right?
I certainly hope so.
Okay.
Although I would understand it perfectly if he's just so busy doing things, you know, that he hasn't done in a long time that he forgets that it's Tuesday night and he forgets to call in.
That's okay by me.
You know, he's got a lot of living to catch up on.
He was clear on it last night.
He was excited to do so as a free man instead of a collect call man.
Yeah, in fact, we were thinking even of calling him, but I don't know.
We'll see what happens.
212-279-3400.
If you have any comments, perspectives, if you were a part of this whole massive movement and you had some kind of interesting experience happen to you as a result of it,
or what kind of feedback you got from people, from media, from organizations, do give us a call and share it with us.
212-279-3400.
We're at the end of this particular chapter of this particular saga, and it's probably the most significant end that there is.
We'll be able to, I guess, go back and resume the many things that we were doing before all this started next week and pick it up, you know, see what else is going on out there.
We have focused a tremendous amount of time on this, but I think it was essential.
I think it was necessary, and I think we really proved something important.
All right, let's take a couple of phone calls.
212-279-3400.
Good evening.
You're on Off the Hook.
Go ahead.
Speak up.
Hello.
How are you doing?
I want to say that I'm glad he's out.
I've been trying to call for the last couple of weeks.
I haven't been able to get in.
I just want to let you know something about NYNEX, that people would be interested in.
Okay, talk about that tonight.
Make it real quick, because we want to stay on the subject, okay?
Okay.
You know that when you use Star 69, even if you don't complete a call, you get charged 75 cents?
I'm not sure.
Is that true even if you get a busy signal?
I think...
Yes, if you get a busy, or if you hit 69, and they say the call is...
You can't get it back because they unlifted number or whatever.
They charge you for that?
That's right, and I'm going to the Public Service Commission to make us think about that.
Oh, you definitely should.
You should get all the media outlets, too.
But I'll look into that, because...
Whenever you hit Star 69 or Star 66, if you hit Star 69, it says we cannot complete this call
because this is an unavailable phone or whatever, because they blocked their phone.
If you call back, you get charged regardless.
When you hit Star 69, you get charged 75 cents regardless if they can complete the call.
Well, that's a revelation to me.
I'll look into it, and I'll see what I can find.
Glad to see you find years out.
Okay, thanks.
Bye.
Take care.
Okay.
212-279-3400.
Good evening.
You're on the air.
Hi.
How are you doing?
I'm ecstatic.
You don't sound ecstatic.
You sound shocked.
I'm shocked, too.
I was just expecting something horrible to be said today, and I was just so excited.
I thought it was the perfect way to open it with that recording.
Yeah, that recording pretty much captured the mood of the time.
Well, I just wanted to say something that I think is really important for those who thought last week
that we should keep a low profile and not get out there,
and were afraid that something more would happen to him to show people that this is what you do.
The only way you're going to make a difference, and actually we were able to,
was to get out there and start making noise because being quiet before wasn't working,
and I'm sure he wouldn't be out if everybody hadn't started mobilizing.
Yeah, you know, and we have to focus on the fact that that's why he's out,
but also we should focus on the fact of why he was in.
Exactly.
Why was somebody persecuted so much for something so minor?
That's the question I really want to ask.
I would even bet some people that were saying last week, you know,
no, keep a low profile, don't make waves, da-da-da-da.
I would bet some of those would say, well, you know, he shouldn't file any suits or do anything like that
because at least he's out and he doesn't want to end up back in there.
But I'm a firm believer, as much trouble as it causes the person that has to do it,
in trying to prevent things from happening in the future.
And, you know, so many people are just saying, well, it's over, I'll get on with my life.
But if you don't fight for the ones who are going to follow you, it's going to keep happening.
I had a little bit of an update on that.
As far as that goes, even Ed's own lawyer was one of, his voice was of caution,
but he wasn't completely against what we were doing.
However, having met with Ed yesterday, he said that there were probably at least two or three actionable items
in what had happened to him, clearly actionable.
That means he could very clearly file suits on them.
And they will be doing that.
So even the keep low profile folks are jumping on the bandwagon.
You know, where there's a clear action, they are going to take it.
We've had several offers of legal assistance.
Would that be appropriate to forward those to Ed's lawyer or to Ed?
I really think probably to both at this point, maybe to Ed specifically.
He's very clear on what he wants to do.
And, you know, he's become unfortunately well-versed in the legal system.
Well, at least now he'll have the chance to go and do something, go to the library, spend all day there,
you know, take his time, not have to deal with the ridiculous resources in the prison.
Yeah, he'll have paper and pencil and computer.
Just getting a pen was a full day's ordeal there.
And, you know, I really hope that a book, a film, all kinds of things come out of this,
because this is one incredible story, a lot more incredible than that whole Mitnick, Shimomura nonsense.
For many, many, many, many more people throughout the country to hear about this,
since the whole thing that's going on now is bringing up the fear in people with what they like to call the hackers.
And I'm not personally heavy-duty into computers or anything like that.
I, you know, have my own thoughts on where we're going with this.
But, you know, so many people are afraid of people that are what they, basically with what they don't understand.
And I think it's important that the word get out that this is something that's, you know,
another, what they're doing to bring fear to conquer and divide ultimately is what it comes down to.
And, you know, anyway, I'm ecstatic and can't wait to hear from them tonight if we do.
Okay, well, thanks for your support.
Bye.
All right, take care.
212-279-3400.
And hopefully we'll hear from Ed at some point.
He may have tried calling in during one of those calls.
Oh, this might be him now, in fact.
Let's see if it is.
Good evening.
Who is this?
Is anyone there?
This is MCI with a collect call from...
Bernie S.
Oh, he's not back in prison, is he?
To accept charges, press one now.
Or say yes at the tone.
Oh, boy.
To deny charges, press two.
Okay, so we deny charges and be...
No, okay.
There we go.
This is MCI with a collect call from...
Bernie S.
I pressed one.
To accept charges, press one now.
All right.
Or say...
There.
You happy?
Thank you for using 1-800-COLLECT.
Yeah, thanks for saving me money.
No, I didn't know, isn't it?
Hey, Bernie.
Your call is connected.
I know, I can tell.
Thank you.
Boy.
Hey, I wasn't sure if I'd get a hold of you, Manuel.
Well, I heard you had a tree crash into your car.
Well, yeah.
Yeah, it was a windy day today, and I just happened to park in the wrong place.
But let's not let that little bit of gloom interfere with the happiness of today.
So you're calling us collect, but you're calling us collect from a free place.
I am.
I'm very free right now.
That is incredible.
Well, aside from the fact that my jaw is still wired shut.
Right.
But, yeah, I feel...
Actually, today was the first day I had to actually really relax, because hanging out
with you and a lot of friends and...
Very stressful, I know.
The past weekend was enjoyable, but it was not an opportunity to relax.
So today, I really got the chance to enjoy that.
Uh-huh.
Well, that's great.
And so you're settling in in Philadelphia and just sort of hanging out and getting accustomed
to civilization again, I guess.
I'm chilling.
I went to the supermarket a little while ago and was just treated to a smorgasbord of smells
and colors and things that I hadn't seen for a long time.
Of course, I couldn't eat any of the stuff I was looking at, but at least I could enjoy
it vicariously.
Tell us some of the things that stand out to you now that you totally had forgotten about
that you don't see when you're in prison.
Um, well, my olfactory glands were the most deprived, I guess, because prison doesn't smell
particularly good.
So, you know, I literally took time to smell the roses over this past weekend, and that
was quite wonderful.
Uh-huh.
So that was one thing.
And music, colors, sounds other than steel gates slamming and people yelling and screaming,
all of that.
Although I had a very rude awakening this morning, uh, the friends I'm staying with here outside
of Philadelphia, uh, they have a, a Brittany Spaniel who, uh, well, I should, I should,
I should back up here.
If you recall during, uh, at the time I was released from prison on Friday, unexpectedly,
uh, you recall we went back to the, to the actual jail to get my, uh, the wire cutters
that the medical department was, was had, uh, in case I had to vomit and I would not drown
in my own vomit, so I could, I could cut the wires.
I remember it took them a long time to find them, which wasn't particularly encouraging.
Had I, had I vomited in jail, I probably would have drowned.
But, in any case, you recall that the, uh, one of the guards said that there was a massive
shakedown going on.
There were 40-some police officers in the prison with, uh, with, with drug-sniffing
dogs and they'd shut off the water to the entire prison so that inmates, prisoners wouldn't
be able to flush drugs down the toilet.
And that was while we were there.
Yeah, you remember, didn't you, oh, yesterday, you ran off somewhere to check all that.
I got beeped, I had to return a phone call.
Okay, well, that's what was going on, and that's why.
I missed that, huh?
So, anyway, uh, this morning at 6 a.m., the, uh, Brittany Spaniel, that lives at the house
where I'm staying, uh, was barking at the, uh, at the paper boy who came at 6 in the morning.
And, uh, I woke up, and, uh, I didn't know where I was, and I thought it was these drug
dogs.
I somehow, I don't know if you do this, but do you ever incorporate sounds that you, if
you're ever awake to a sound, you somehow incorporate it into your dream kind of thing?
Well, anyway.
Yeah, there is this cat this morning, but I won't get into that, but, yeah, it definitely
made some interesting dreams.
It's happened to everybody.
Well, anyway, like, I woke up with a start to this dog barking, and, and that was right outside
my door, my bedroom door here, and, uh, I imagined with a, with a start that it was like
these drug dogs running into my cell, and, like, and it was just a horrible way to wake
up, and for a few seconds, I wondered, where the heck was I, and what was going on, and then
I realized where I was, but I'm hoping over time this, this will, this post-triadic stress
syndrome will, will, you know, dissipate, but that was, uh, that was pretty horrible.
Sounds like an episode of The Prisoner, and you just wake up, and, and you're back home,
but you don't realize it.
I was sweating.
Yeah.
Anyway, but it's good to be out, and I want to extend a huge thank you to everybody out
there who's been supporting me through this whole ordeal, because I honestly believe that
that had a big part to play in, uh, in my releases.
As you know, there was a whole confluence of events that, uh, I think reached a critical
mass, resulting in my ultimate release, but, uh, uh, all the publicity and phone calls and
faxes and emails from, uh, from listeners of this station and people who've checked out
the website, uh, 2600.com and so forth, and breeders of 2600 Magazine and other magazines,
uh, uh, where this story has been covered, uh, lately, have, uh, have really, I think,
played a big part in, uh, in the pressure resulting in my release.
So I want to thank it, thank everybody out there for their, for their support.
It really, I think, made the difference.
And, you know, Ed, we, we owe you a tremendous, uh, debt of gratitude too, because I know very
few people could have, uh, stood up to all this over this much time and, and not caved
in and not given into, uh, uh, to the sick games they play with your mind. You were always strong
even after, uh, being beaten up, uh, by, by that, that person and, uh, you know, put in the hospital
and having all these horrible things happen to you. Uh, you, you never lost sight of where,
where we should be going.
I, I, I felt that if I just gave up, it would just give my chapters and the secret service and
all the other people who were wrongheaded just some sort of sick satisfaction. And I just
wasn't willing to give that to them. Although, um, the week following my, my, uh, uh, my surgery
when I was being denied medication, uh, including no pain medication for multiple fractures and
no, uh, no antibiotics, um, for a couple of days during that 24 hour period or actually two day
period, I was really the closest I'd ever come over the past couple of years to just, just giving up.
And, um, honestly, if it weren't for, uh, for knowing that there's hundreds of people out there,
maybe even thousands that were thinking about me, I think I would have. So, um, thanks a lot,
everybody.
All right. Well, let's, um, let's take some more phone calls. 212-279-3400, uh, speak to Bernie S live
over the air as a, as a free man. Uh, and let me just ask one, one quick question. We, uh, this
furlough came down on Friday. Where did the order come from? Well, ultimately it came from my
sentencing judge, Judge Piniella in Northampton County. Um, what my attorney had been trying to
arrange with the judge was to have him revisit my sentence and alter it, but there was no legal
mechanism for him to do that. Um, the law is a complicated thing. You just can't do anything you
want. And there was just no, uh, after 30 days, you can, a judge cannot change someone's sentence.
And I think that's put into a, uh, put into play. I mean, I think the reason for that is to prevent
sort of like corrupt situations where people sentenced or changed because they paid somebody
or knew somebody kind of thing. But in any case, they couldn't change my sentence. So the judge came
up with, well, not the judge, but the, uh, the district attorney in Northampton County, who
actually, well, the assistant district attorney, one of them anyway, who, who seems to be a pretty
reasonable person named, uh, um, uh, not, no, the judge was, uh, Judge Piniella, Dan Polanski,
the district attorney's name, a reasonable guy. He and my attorney spent, uh, a couple hours
on the phone Thursday and Friday trying to figure out some way to get this worked out so
it would be somewhat fair. And then Friday morning, uh, uh, Dan Polanski, the district,
the assistant district attorney presented this proposal to the judge that he, uh, that he grant
me, uh, some new thing they just came up with from my situation called an emergency extended
furlough. So technically I'm still a prisoner except, uh, um, this whole furlough concept
is for, is for prisoners who have been participating in the work release program there by day, working
out in the community by day and coming home at night at prison after several months. They're
sometimes given, uh, furloughs as a reward, like they can go home for the weekend kind of
thing. Well, this is a, even though I wasn't on the work, even though I'd been qualified
for work release, but they wouldn't let me because I had a fractured jaw and arm. Um,
even though I could have done some work, they wouldn't let me. And this emergency extended
furlough basically, uh, says that, uh, um, I can just go home. And, uh, ironically, the
funny thing about this whole thing, I was talking with, uh, David B over the weekend, actually
this morning, I was talking to him about this. Um, we have three entities that would like,
that, uh, have jurisdiction over me, but none of them want to take it. We have the, uh, we
have Northampton County prison who would like my supervision now to be handled by the United
States, uh, probation office in Philadelphia. And we have the, uh, the Pennsylvania state
parole board who, who doesn't want to handle my supervision right now, because as far as
they're concerned, I'm not on parole yet, but they haven't approved me for parole, even
though I should have been, I was eligible for it three months ago. They haven't gotten around
to it yet for reasons that I can only guess. And, uh, oh, yesterday when I visited, uh,
the, uh, federal probation office in Philadelphia, my probation officer, uh, Bill Schoenberger,
a reasonable guy was, uh, very confused as to what to do about the situation, because he
literally can't put me on federal supervised release until I've been officially released
from prison, which I haven't been. I'm on a, I'm on a prison furlough. So, uh, and state
parole doesn't want to supervise me because I'm not on parole. And, uh, the prison doesn't
want, doesn't want to supervise me because I'm down here and outside of Philadelphia,
two hours from Houston, and they would rather have the failure to supervise me. So I'm just
going to let them fight it out. And it all comes down to nobody wants to do any work.
And this is all apparently because of the unusual circumstances, it's more work for anybody
who wants to supervise me. Nobody wants to do more work in that system. So I'm not going
to pester them to control my life. I'll just let them work it out on their own and take it
at that. So it's kind of interesting.
You know, I do have to say over the past three weeks, um, either I'm becoming accustomed to
the way that, that you're talking through your drawers being wide shut or you're talking
a lot better, which do you think it is?
Uh, I don't know. I do know I have a, a, a bright career in ventriloquism after this
is all over. But, uh, I don't know. I, I've, I've learned to be able to talk without my
lips or my mouth opening and closing. It's just, uh, it's, it's really exhausting though
talking, uh, talking this way. I have to force a lot extra, a lot of extra air through
my, through my vocal cords and mouth to, to make the sounds I would normally be able
to make with my, you know, my time on lips. And, uh, so after talking on the phone or
on person to somebody for over this weekend, talking to all friends and supporters, I was
so exhausted just, just from the talking. It really, uh, it really takes a lot out of
you.
Yeah, it must. All right. Let's, uh, let's, let's come on and let's talk. We'll take some
phone calls. 212-279-3400. Good evening. You're on the air.
Speak up.
Hello?
Yes, go ahead.
I'm really glad that Bernie's out, but I sent the letter on the 4th to him and I got
his back on the 9th saying that he was discharged, but.
Which, uh, which prison did you send the letter to?
Lehigh County.
Okay, yeah, we, well, I had some friends call that prison and ask that they forward all
my mail to, um, to, um.
Northampton County.
I'm confused, all these darn prisons.
Northampton.
Northampton County prison, but apparently they did not do so.
Um, so, uh, um, well, thank you for sending the letter anyway. I really appreciate it.
Um, because of my getting bounced around a lot over the past couple of weeks, um, I got
very little mail that was intended for me.
I all ended up getting either returned to its sender or in some cases just getting thrown
away in the trash apparently because people didn't get their letters or packages back.
Someone sent me, uh, a, uh, uh, a plastic sheath to put over my arm, which has a cast
over it.
I can't get this cast wet, which means it's very difficult to take a shower with.
But they, someone, uh, was kind enough to pick up a, uh, uh, a special, like rubberized,
uh, looks like a giant condom actually.
Put it over your arm and it's got Velcro to tighten it around your, uh, your, uh, shoulder
so that I could take a shower without getting my cast soaking wet.
And they wouldn't let that into the prison and she never got it back either.
So I imagine they just threw it out in an act of callousness, but that's par for the
course.
Thank you.
All right.
Thanks anyway for the letter.
Okay.
Thanks for calling.
212-279-3400.
Uh, how many pieces of mail were you getting?
You must have been getting tons.
Well, I got a few.
I got several dozen letters.
The guards were, the guards at Northampton County Prison were really perplexed because
they'd never seen anybody to get, uh, quite so much mail before.
But, uh, the folks at Bucks County Prison who were kind enough to send me to a violent
institution a couple weeks ago, they were already used to my getting so much mail and,
and made it very clear to me, you know, in certain terms that they were, uh, quite upset
with, with the fact that I was getting, quote, too much mail, end quote.
And, uh, since the guards had to hand deliver it, they, they felt like this was, uh, belittling
to them to have to deliver me, deliver to me maybe, um, you know, a dozen letters and
magazines every day.
And, uh, that, uh, they just didn't take too kindly to that.
That is taxing their abilities.
Sure.
212-279-3400.
Good evening.
You're on the air.
Uh, yes.
Hello.
Um, my name is Donald.
I'm, um, uh, resident from Long Island.
Hi, Donald.
How are you doing?
Um, I just, I just, I turn on my radio and I'm catching, I'm catching your show.
And, um, I'm hearing this strange announcement.
It's like, you know, it's like, I, I didn't have a clue as to what was going on because
I had been away from my radio because I had my hours at my job changed.
So I don't know what's going on over there.
And then I get this shock of a surprise.
It was almost like, you know, like, like, like, like, like an Orson Welles movie almost.
Well, that's how Friday was to me.
Um, honestly, this was a complete surprise not getting released.
I know there are a lot of people working on that goal, but, um, it was a complete surprise
to me.
And it was, what was interesting was that I woke up that morning and realized it was
Friday the 13th.
And, uh, it made me think back to, uh, to last year on Friday the 13th, which was in
October last year.
And that was a day that I was released from federal custody.
And, uh, I thought to myself, uh, Friday before last, or just this previous Friday morning
thinking, wouldn't it be funny if I got released on Friday the 13th again?
But I thought, oh, that's not going to happen.
And sure enough, it did.
That is, that is really incredible.
I got a, I had a question for you.
Um, sure.
Yeah, because I wasn't the, because I wasn't, you know, able to get any news.
I don't own a computer like that.
Um, you could call it, you could call the 2600 voice bulletin board system.
What's the number for that, Emanuel?
Uh, 516-473-2626.
Donald, say it again?
Uh, 516-473-2626.
But let me, let me ask you something, Donald.
When, when you said that you just turned on your radio and you, uh, you heard this for
the first time, is this because you don't know anything about this case at all?
Oh, no.
I, I knew that, that the burning had been railroaded into prison and that he was, you
know, getting, you know, shoddy medical treatment, all of the stuff.
And then, like, for about, about a month, I hadn't been anywhere near my radio.
And I didn't hear about, um, the assault upon him.
I'm hearing that now for the first time.
Oh, man.
You know, I, I, I heard no news.
So I'm hearing this, this kind of like this one-two punch.
One, Bernie S has been assaulted in prison.
Two, he's now out of jail because, you know, I guess now three, um, a movement was, was
happening.
Now, my question to you is, um, if you could give us some details, those ignorant people
like me, some details as to what happened to you while you were in jail that, that, you
know, this assault, what was, what was, what was that all about?
And two, and is there anything we can do to help you, not that you are out?
Numbers we can call, people we can write to.
Do you need some, you know, some assistance to help pay for your legal battle?
Well, let me, uh, I don't want to solicit any money.
That's not, I've never been like that.
But let me answer your first question, um, uh, the events leading up to my assault were
that I had been housed for the past several months in, uh, Bucks County prison in, uh,
Eastern Pennsylvania near Philadelphia, um, at the request of my sentencing judge, Piniella
in Northampton County, who said I could, I could serve the remainder of my, uh, six to
24 month sentence in Bucks County, uh, ostensibly so I can maintain closer ties to my lawyer who
was in Philadelphia, which is much closer to Bucks County than Easton in Northampton County.
And I had friends, uh, in Bucks County and I'd been living in Bucks County previously.
So that was part of my sentence that I could serve it in Bucks County.
Well, I'd been, uh, getting along there pretty well in Bucks County, uh, in a maximum security
facility for several months.
And then I guess in, uh, uh, uh, early July, uh, mid July, I think it was, July?
Yeah, mid July, I was finally transferred to their minimum security facility.
Um, not, and it was not unlike the, uh, federal prison camp that, uh, Fiborofix spent, uh,
nearly a year on, in a couple of years ago.
And that it didn't have a fence around it, but it was still very restrictive.
You just couldn't leave.
If you left, then you'd be a fugitive.
And then they'd go after you with the dogs kind of thing.
But in any case, uh, uh, a reporter from, uh, uh, uh, uh, national magazine, Internet
Underground, it's as if Davis publication, um, was doing a story about my case and had been
interviewing me over the phone.
And you may have heard this.
He'd faxed me a final draft of the article for my review at the place where I was doing
my community service, uh, uh, some nonprofit organization where they had me digging ditches
and so forth.
And they had a fax machine there.
So the reporter sent a fax there to me.
And apparently that, that annoyed the prison officials that someone, that I would have the
audacity to have someone send me a fax, which wasn't like that at all.
But in any case, the fax was sent.
And, uh, I was written up for a major misconduct.
And the bad thing about getting a, a, a write up for a major misconduct in prison is that
it can delay your parole an additional nine months, which is the last thing I wanted to
happen.
So I, uh, I was found guilty of this thing.
And, uh, well, I was not even found guilty of getting a fax.
I was found guilty of, of using a telephone at the work site, um, which I didn't do.
Um, a fax was sent to me.
I didn't even touch a telephone or a fax machine, but I remember hearing that part of
it.
So, um, anyhow, I appealed that and the appeal was turned down.
So then I filed a grievance against the, uh, superintendent of the, of the prison, uh,
James Henderson, who, uh, who suggested both to me and my attorney that I file a grievance
about this because I was, my fourth amendment rights were, were being violated in that I
was not permitted to have a witness at my conduct evaluation board hearing pertaining
to this fax thing.
I was going to call, I called the secretary at the office where the fax came in so I could,
you know, so I could have her say that I didn't use a telephone.
But, but, uh, they wouldn't let me have that witness despite the fact that there was federal
case law, recent federal case law, which said that in prison disciplinary hearings, uh, inmates
have, have the constitutional right to call the only witness if there's only one witness
available.
Well, they wouldn't let me do that.
So I filed a grievance that my fourth amendment rights are being violated.
And rather than deal with the whole legal issue involved with that and the specter of legal
action from my attorney, um, about it, they just shipped me off to, uh, some violent facility
in, uh, Allentown, Pennsylvania.
I was sent from a minimum security facility to a, a maximum security facility where there
were a lot of violent inmates.
For follow the effects.
Yeah, yeah.
And, uh, the, the, the red herring or false pretence that was used to send me up there
was for reasons of protective custody, which was a completely bogus reason.
But the interesting thing is that Lehigh County prison didn't even follow those written instructions
that he put in protective custody.
Had they, this wouldn't have happened to me.
And the whole, the whole thing where I got assaulted was basically, I was on the phone
with somebody and they said, uh, uh, I just grabbed the phone away from me, said, I need
to call my girl.
And I was like, well, I said, I'm not done with my phone call.
I'll be done shortly.
I grabbed it back from him.
He grabbed it from me.
I grabbed it from him.
And then, uh, he, uh, sucker punched me.
I went down and then, uh, I saw him start to kick me in the head.
So I put my arm up to block his kick and it broke my arm and my jaw in three places.
So I spent seven hours in surgery the next day.
And, uh, I think the combination of the personal injuries and my, uh, lawyers, uh, um, a lot
of work involved with my lawyer and not, and not the least of which is, uh, to include
is all the, all the supporters who made numerous phone calls to the prison and the medical facility
at the prison who refused to treat me, uh, um, in accordance with my surgeon's instructions.
Um, in fact, the prison and the healthcare facility apparently had to leave their phone
off the hook.
They were getting so many phone calls.
So, uh, all those things I think made for a confluence of, uh, events that ultimately
got me the heck out of there.
Thank God.
Quite a story.
Quite a story.
And one that I hope is, uh, is told to many people in many different forms and, and a
way that, uh, that'll prevent it from happening to, to others.
Ironically, ironically, I don't think, and my attorney agrees with me on this.
I, it's unlikely that I'd be out right now if it weren't for the, um, the major injuries
that I, uh, I suffered a couple of weeks ago.
And it's kind of sick that they had to come to that for me to get out, but I'll say if I'm
out, you know, I'll take it, you know, I don't know if I do it all over again.
I, it's like a Hobson's choice.
If you had, think about it, if you could, uh, if you'd get out of prison, if you'd been
in prison for a long time for what you thought were unjustified reasons and thought you could
be there for another year or two for the same unjustified reasons, um, or if you need to
get out in a few days, if somebody would break your jaw in three places and fracture your
arm in two places, um, what would you do?
Well, you see, I think it was more that that is something that outraged people so much that,
that they couldn't keep quiet at all.
It was a catalyst.
I think if, if there had been a catalyst a little earlier where people were outraged enough
to, to make all these phone calls just for you being in prison in the first place, then
maybe we would have seen something happen even sooner.
Perhaps, but I think it took something like this to make people realize how, how just outrageous
this whole thing was when, when somebody's life has actually become threatened and they're
being denied medical treatment that their own surgeon said was necessary, that kind of
thing.
Absolutely.
That, that, that would tend to get anybody involved.
Donald, thanks for the call.
We're going to move on to another phone call.
Thanks, Don.
Thank you very much.
212-279-3400.
Good evening.
You're on Off the Hook.
Hi, guys.
Oh, Bernie, I am so happy you're finally out.
Me too.
You know, I've been calling you occasionally, uh, the entire time you've been in there on
the air, and I think the goddess must be shining on you.
Um, just two questions.
In terms of, now I assume you've gone back to your own, um, house or apartment, um, is
everything okay in terms of not having been evicted for not paying the rent, and are you
able, like, to take care of the, you know, daily basic necessities of living, or do you
need, like, a home health care attendant?
Well, I can manage.
The hard part is finding what to eat, because I can only drink thin liquids, and, uh, so
I've, uh, over the weekend, somebody was, uh, kind enough to lend me their, their blend,
their, uh, um, uh, brawn, uh, blender, juicer.
Well, it liquefies stuff.
So I've been putting, like, bananas and, uh, milk and protein powder that somebody was kind
enough to give me and come up with something that keeps me alive.
It was much better than the stuff they were giving me at the prison.
These cans are something called Ensure, which are mostly sugar.
And, uh, it was giving me this horrible diarrhea and just made me feel really depleted all
day long.
And I didn't have nearly the protein that I should have had anyway.
Sure.
Well, now you can get into, I guess, like, you know, fresh vegetables and juices and fruit
juice.
Oh, it's wonderful.
Vitamins.
It's not as good as, uh, solitude, but hey, it's, it's, it's pretty good.
Um, as far as where I'm living, I'm not living at the apartment where I had been staying
prior to all this, uh, nonsense starting, uh, back in, uh, March of 95.
I'm staying with friends right now, so financially, my warm living is, it's, uh, it's, it's, it's,
it's okay for the moment.
Although I'd like to be self-sufficient as soon as possible, obviously.
Are you able to sleep at night or are you just, do you have like nightmares and stuff?
Well, like I said, I, I had a nightmare this morning and my lawyer was woken up.
That was really frightening.
But, uh, last night I, uh, I had a pretty sound sleep.
Last night was really the first sound night's sleep I had for probably about a year.
It was a big bed and it was comfortable and, um, it was quiet and, um, it was just wonderful.
One last question, I guess it's, I don't know if you've mentioned it because I tune in a little
late, but I guess this is like if the telltale question that after all you've been through
in terms of the persecution and the confinement and the physical and psychological torture and
pain, are you still, or do you still intend to be, um, active in the, uh, in the world
of, you know, whether manual and fiber are into, are you putting that, uh, part of you
behind you in terms of high tech and hacking and everything like that?
Well, it's, it's been my livelihood for, you know, all my adult life.
You're going to stay with it?
I am, although, uh, I, obviously I have to avoid the slightest appearance of impropriety.
Sure.
And what I thought had before had was the avoidance of appearance of impropriety, um,
still was not enough to keep the secret service from arresting me at gunpoint and putting me
in jail for a long time.
Um, even though both the people who follow the facts of my case have realized that I
didn't access any systems illegally or defraud anyone of, of one cent, but it wasn't about
that.
They, basically what I learned is, um, if you're going to piss off people in power, i.e.
the secret service by, in my case, uh, getting photographs of their undercover agents broadcast
on the evening news and put on the internet and so forth.
Um, picking, um, when they're picking their noses, by the way, in the pictures, things
like that, they don't, they don't, they take that stuff very personally.
And, uh, despite the fact that they're supposed to be professionals, um, they have darker
sides to them, I think, that they, uh, will exercise when they, when they get angry.
And, you know, I think, I think it's, it's less that they take it personally.
Certainly we shouldn't be surprised by that, but we should be surprised at the, at the
power they have to inflict harm upon those people that, uh, do something that they take
personally.
And what's particularly frightening is now that they have, uh, new vague legislation like
that, that I was charged with, which is, can be so broadly interpreted to cover virtually
anybody who has a computer, um, combine that with their willingness to, to abuse whatever
authority they have, um, makes for a real poisonous combination.
And that's something I hope we can address, uh, in the courts, as far as, uh, getting some
of these statutes to be a little more specific about what it is, whatever conduct they're
actually prohibiting.
Instead, it's leaving it up to the, uh, the police and, uh, prosecutors and so forth to
interpret whether someone has broken the law.
Our system should be up to where the judges think you've broken the law and not, not up to,
uh, secret service agents.
Right.
Again, Bernie, again, I'm just so glad.
Good luck to you.
Um, I'm going to have a pizza tonight to celebrate.
Oh, I will, I will enjoy it.
I will, I will enjoy it vicariously.
Yes.
And I'm, I'm glad you're adding that the term free Bernie isn't going to have to enter the
lexicon the way the term free Huey did in the 1960s.
Peace, brother.
All right.
Thank you, too.
Thanks for the call.
And, uh, let me just ask one question before we go on to the next call.
How long, uh, are they saying that, that you girls will have to be wired shut for?
Six weeks.
I'm sorry.
Probably another four to six weeks.
Okay.
But I'm, uh, it might not be that long because my surgeon, an excellent surgeon, by the way,
should mention his name, Dr. Mark Elstein in Quaker, Tampa, Pennsylvania.
Not only is he a fine, an excellent doctor, but he really is a compassionate man.
If it weren't for her, his efforts, uh, in, in contact, having his, his people contact the
prison to insist that they bring me to his office, they were going to have the prison
doctor, the prison dentist rather, evaluate my, uh, my facial surgery with this, you know,
that's ridiculous.
So in any case, uh, he, he, he was responsible largely for getting me to his office, despite
the prison healthcare corporations objections, because they wanted to save a buck.
Um, uh, he said, my heat, my teeth were extremely healthy, that I had very, very good teeth.
Obviously I had taken good care of them.
And he said, and that I apparently, since I drink like a half gallon of milk a day when
I'm not in prison, um, I had a lot of calcium that kept my bones strong.
He said, if it weren't for that, my whole jaws would have ended up like popcorn, just
pieces everywhere.
He said, because I had really strong jaws and teeth, it only fractured in three places.
And it was a good, clean fracture that he was able to, um, put back together.
The worst part about it is the nerve damage.
I still have no sensation in my lower lip or my chin or my upper neck.
And he says that may return over time.
But he showed me the x-rays and how, uh, the nerve trunks travel through the, uh, the
lower jaw.
And he says, if those nerve trunks were severed, it will be numb for the rest of my life.
If, if they were just torn or stretched, there's a possibility I'll get some of it back.
So that's, medically, that's my biggest concern right now.
Okay.
Let's, uh, let's see if we can squeeze in another phone call.
Good evening.
Oh, yay.
Yay.
It's Jeremy.
How are you?
Hi, Jeremy.
Try to calm down.
Try to calm down there.
I've been getting ahold of you a couple of times this weekend, but without any luck.
Oh, really?
Yeah, I was wondering what happened.
I kept beeping and everything, but I, I kind of figured that you, uh, must have been exhausted
with plenty of people.
But, well, um, if there's a way, I'm going down to Philly tomorrow for, um, the Lumia
thing.
I'm wondering if maybe I could call afterwards or, or maybe, oh, is that information going
to be on the, um, website?
How to get ahold of you now?
Um, let's see.
I'm trying to think the best way.
I don't think I'm going to put your home phone number in.
I'm going to be in a Cato right now, but, uh, and I'm, I'm using, the phone I'm using
is just at a friend's house and I don't want them to be burdened with calls.
But, uh...
Can you call me later?
Sure, yeah, I have your number.
Okay.
And I wanted to say thanks also to Pam for, for her whole hard work and setting everything
up.
And, of course, to Emmanuel and gang for, for, for, you know, being able to keep that
up, all that posted and, and, um, wow, um, Bernie, I'm just so, so happy and amazed that
the, uh, the way that they do these things so suddenly it was a real, real shocker.
I knew you were going to start the show that way.
Well, thanks.
Jeremy, I want to thank you for, uh, all your, uh, empathetic energy.
That, uh, that really helped.
I wish it, I wish it started sooner, but, you know, again, when that, when that whole mess
happened, then, uh, it's true that it does, although it does turn people into, uh, finally
becoming vocal, the other thing that it did was it made the other people in the human
rights area have to look at it.
Yeah.
Well, physical, physical pain is the kind of thing that anybody can relate to.
So, yeah.
Captivity is something people just can't relate to.
It's kind of an abstract kind of thing.
Yeah.
But physical pain and, and, and, and denial of medical care is something that people can
just, they just shudder when they think of.
Well, we have to work on the captivity because that's something a lot of us,
need to get in touch with.
There's so many people there.
I've always thought after this whole experience, I thought everybody should experience some
time in prison.
Not that I'd wish it on anybody, but it almost takes that to get the kind of insight that
you need to understand what it's like.
Remember that, that was the first letter that I wrote you.
Yeah.
Although afterwards I was, after this long time, I was beginning to feel kind of silly about
that.
No, no, it's, it's, I know, I wouldn't wish it on anybody, but, but for someone to get
the insight that's necessary to understand how the, how the whole oppressive system works
and, and to really understand it, you almost have to go through it because if you try to
explain it to somebody else, it's just too unbelievable.
Yeah.
I know it only too well.
It's true.
You couldn't, you couldn't create that at all.
And that's why so many people say, okay, the death penalty, because they have no clue.
Right.
I'm just curious about who, do you happen to know who hired the Secret Service?
Who hired the Secret Service?
Yeah.
Well, you don't really, they're not like vigilantes.
You don't just hire them.
They, they do have to get directives.
Well, yes.
I'm just curious about any.
Congress, Congress, Congress, Congress specifically, uh, authorized under, uh, United States Code
Title 18, Section 1029, which addresses, which is, uh, uh, addresses fraud and, uh, fraud
and related activity in connection with access devices.
It's specifically stated in that body of legislation that the Secret Service would be responsible for
enforcing that federal statute.
Title 18.
Okay.
Title 18, Section 1029.
Okay.
And the, the, the amendments to Title 18, Section 1029, specifically A5 and A6, which were,
which were, which were added just very recently, in late 94, with the, uh, were tacked on to,
as one of these little Christmas ornaments, tag on amendments to, to the, uh, to the, um,
infamous Digital Telephony Bill.
Right.
I have that, yeah.
Um, that, uh, you know, that, that whole body of legislation, not the, not the Digital
Definitely Bill, but all, all of Section 1029 is, is the exclusive authority of the United
States Secret Service for that to enforce.
So that's, that's why they got involved.
And I think they were delighted when they saw that the, that, that, uh, that they had
every justification in, in hammering me, um, now that they had this new vague legislation.
When they found those photographs in my personal files of their undercover agents, which, picking
their noses, which ended up on television, um, they thought, well, we've got something
to get them with.
So, um, that's just not worked out.
But nobody really hired them out.
Let's say, okay, let's see, let's pick the Secret Service to do this one.
Now, every, every federal law, every federal law enforcement agency has, has pretty well,
has fairly well delineated areas of responsibility.
The Secret Service has, uh, their, their responsibilities pertain to, uh, protecting the president, um,
counterfeiting, um, uh, computer and, you know, computer and telecommunications fraud.
Right.
Which, which is what, when I remind people not to use the H-word here, because you were in
just a, you're a parking lot.
You were just in a parking lot, you know.
The H-word?
The H-word.
I guess we won't say the H-word, but we can't say any more words because we are out of time,
and I want to thank, uh, the callers for calling in.
Bernie, again, congratulations on, on being back.
Well, thank you, and I've got to thank you for all your efforts, too, because you played
a huge part in publicizing all this.
So, thank you, Emmanuel.
Well, uh, you're certainly welcome.
I just wish we could have done this a lot sooner, uh, and, uh, maybe.
Oh, better, better, better, better later than never.
Yeah, and maybe, uh, never for the, for the people that, uh, are on the target list.
So, we'll be keeping, uh, everybody up to date on that.
And, of course, uh, check out the website, www.2600.com,
to get the full story and any more updates, and eventually, uh, hopefully real soon,
you'll be able to actually answer mail at BernieAssett.
Yeah, I will, in fact, uh, later this week, I will have an, uh, an internet account,
so, um, that should make it a lot easier.
Okay, so you can still write to BernieAssett, www.2600.com.
It just won't be forwarded to a prison.
It'll wind up actually getting to him somehow.
Yay!
And he'll be able to hit the R button and reply.
So, again, we'll be speaking to you in the future,
and, um, maybe you'll be able to actually come up to the show.
And, and maybe, and maybe you can actually start covering some other worthwhile topics.
There are plenty of them.
Yes, there are plenty of them, and we will be doing that starting next week.
Great.
All right, congratulations again.
We'll, uh, we'll be talking to you.
Thank you, and thank you to everybody listening.
All right.
And that's going to do it for us here on, uh, this edition of Off the Hook.
We'll be back again next week with, uh, news from some other corner.
Thanks, everybody, for all the support.
Thanks for listening, and, uh, let's stay awake
and keep each other updated on things like this.
Good night.
In the heart of a city that has no heart, there's a building where only the stool pi-