Paton v. Coughlin

—Spain, J.

As the result of a prison yard fight petitioner was charged with violating several disciplinary rules. At his disciplinary hearing petitioner called three inmate witnesses to testify; however, one inmate witness refused to testify. The uncooperative inmate witness was brought to the hearing at the direction of the Hearing Officer, where he refused to testify and declined to explain his reasons on the tape recording of the hearing; he also refused to fill out and sign the "refusal to testify” form. Petitioner was found guilty of two of the charges in the misbehavior report.…