Complaint to Commissioner Ponte RE: Grievance Procedure, Mass Punishment, SMU, and Mailroom Issues

Donald [last name omitted]

July 10^th, 2011

Maine State Prison

Warren, Me  04864

 

Commissioner Joseph Ponte

111 State House Station

Maine Dept. of Corrections

Augusta, Me  04333-0111

 

Dear Sir:

Because I’ve wrote you four (4) letter in the last three (3) months and received “no reply” from you, I had told myself that I would not write to you again.  I would be pleasantly surprised if you responded to this letter as well.

In any event, due to policy violations, violations to the various amendments to the U.S. Constitution, violations against “fellow human beings”, etc. etc., the need for expression is to heavily upon me not to write.

As of this writing, you have/are subjecting over 100 (!!) prisoner’s to “Mass Punishment” (incidentally, you previously stated you had one away with this “Mass Punishment”).

Approximately ten (10) days ago, I (and many, many other’s) was subjected to a dehumanizing butt-naked strip search and had my cell torn apart by officer’s for only God know’s [sic] what.  There was “no” contraband found and “no” disciplinary report’s [sic] handed out to anyone.  So why am I being subjected to your “mass punishment”?  I’ve never had a disciplinary violation, indeed, I’ve done nothing but demonstrate exemplary behavior.

Mass punishment/Split Tier/Cell Restriction are synonymous.

As of this writing, I (and myriad other’s) have been placed on “split tier status”, which in itself constitutes cell restriction.  I am entitled to no less cell restriction than other’s in my class.  Yet, I am being punished and treated as if I’ve done something wrong in here and I haven’t.  Similarly, the Due Process Clause by itself requires prison official to make a finding of guilt for a disciplinary violation in a “procedurally” manner “before” imposing “any kind” of adverse sanctions.  Anything short of that must be construed as “wrongful restriction”.  Needless to say, having unjustifiably, placing me on split-tier, cell restriction, mass punishment constitutes violation of a liberty interest and “wrongful restriction”.

Which brings me to the Grievance Procedure you stated to many that you were going to upgrade.  Truthfully, not relishing being the bearer of bad news, the grievance procedure here ad Maine State Prison is Warren has gone from bad to worse.  Ad you know, the Unit Team has nothing to do with the grievance procedure.  In order to get a grievance form (which should be readily available to prisoner’s) one must “jump through hoops” and placate Sgt. Petrino, when he is the supervisor held accountable for giving a prisoner a grievance.  Case in point, approximately ten (10) days ago when I (and the other’s) were erroneously placed on this mass punishment, split-tier/cell restriction I happened to have my own grievance, wrote it concerning the above, presented it to Sgt. Petrino and he initially refused to sign it!  Only after I made that known to a captain (who said he would speak to Sgt. Petrino and have the sergeant sign off on the grievance if he couldn’t resolve it) did Sgt. Petrino finally sign off on the grievance indicating he could not resolve the split-tier, etc. issue.  Since the erroneous implementation of the mass punishment, split-tier, cell restriction unlike prisoner’s in my class, roughly 20 prisoner’s [sic] have requested grievances from Sgt. Petrino for the very same reason as I did, yet, after already stating he could not solve the issue grieved, he required all 20 men to put in writing a “request” to him for a grievance, so he could write back that he couldn’t resolve that grievance!  That kind of dictatorship and procrastination is not healthy and not conducive to any good end.

The above behavior, I suppose, borders on the verge of restriction to access to the court which is a U.S. Constitution amendment.  Indeed, when one must exhaust one’s administrative grievance process prior to taking an issue to a U.S. District Court, procrastinating can prove to be costly to that prisoner.  As you very well know, the only available option a prisoner has to deal with prison conditions, ill treatment, policy violations, etc. is the grievance.  That being the case, it should not be dangled in front of a prisoner like a bone is to a dog.  With that being said, grievance forms should be “readily accessible” to a prisoner.

I recall reading an article published in the Portland Phoenix that you had done away with prisoner’s languishing in SMU over seven (7) days on investigation.  Well, currently there are probably between 15-20 prisoner’s in SMU for investigation and have been in SMU for “weeks”.  A far cry from seven (7) days.

In closing, I refer you to a statement you made to the Portland Phoenix, “I’m holding all their feet to the fire”, Ponte says of prison staff.  Now, if that statement can come to fruition, we would have a slight possibility of some progress.

Incidentally, in the last three (3) weeks, I’ve had two (2) letters from the United States District Court that were opened “before” they reached me.  Policy Title: Prisoner Mail, Policy Number: 21.2, Procedure D: page 13 of 20, excerpt from #9: “Incoming privileged mail shall be handled in the same manner as incoming general mail, except that it may not be opened without the prisoner being present”.

Thank you for your time, patience and understanding.

Respectfully,

Donald [last name omitted]

 

Copies mailed to:

1. www.voicesfromthecracks.wordpress.com
2. Jim Bergin/Judy Garvey-M-Pac
3. Lance Tapley-Portland Phoenix
4. Rachel Talbot Ross-NAACP

Difficulty Getting Grievances, Unrest About Warden’s Activities, and SMU Issues

Hello My Friend,                                                                    June 14, 2011

Hope these few words find you well.

[name omitted] indicated to me you were interested in some input on the goings-on in here.  I will do my best to accommodate you.

Are you familiar with Lance Tapley of the Phoenix?  I believe it was late last month, therein was some discussion regarding commissioner Ponte’s brief track record and intentions concering MDOC.

One of Ponte’s priorities was dealing with SMU, e.g., no more keeping men in SMU for months awaiting “Investigation”.  Ponte ordered that an inmate can’t be placed in SMU for longer than 72 hours without his personal approval.  In the last eight (8) days, I’d say roughly twelve (12) men have been placed in SMU.  So much for lowering the number of men in SMU!  He is either hoodwinking the public or the warden here is, once again, disregarding his wishes.

Another area Ponte displayed an interest in changing was ordering a “7 day limit” in SMU for investigation.  That is a joke.  Prisoners’ are back to staying in SMU on investigation for as long as prion official want them to.  From my perspective, Commissioner Ponte had his first and “last” hurrah immediately after he came here.  He’s done.  Another one bites the dust!  He’s now in the same class as the other “wanna be’s [sic]”, “coulda beens [sic]”, etc. etc.

July [back of page]

Was going through some of my paperwork and stumbled across this sheet of paper.  How timely!  Just completed catching up on the latest, i.e., Warden “Patti” Barnhart and her scandalous dealings!  I’m sure you’ve been reading about her and the “scam” she’s involved in.  She is impervious and so vain it is amazing.  I mean, how stupid can you be to participate, be a major player in a venture so unethical and obvious?  Did she actually think she would get away with that?!  Yes, yes she did.  With that being said, she is in desperate need of serious medical, psychological help because she just as seriously has some major psyche issues!  She reminds me of the thief who just steals, steals, steals, thinking they will never get caught.  Until the thief gets caught!  There is no telling how many other shady deals she has been involved in!  I’m sure this is not her first!  I mean, she sure isn’t any help in assisting Gov. Lepage with his budget.  Simply put, “you don’t bite the hand that feeds you”.  Well, Warden “Patti” has bit the wrist off!

I ask you, how do you expect prison official and prisoners’ to look to “Patti” knowing she is a crook?  How can the bigger rule violator (Warden Patti) tell any of us not to break any rules?  One leads by example, and one could/would be led to prison following her example.  I think, Sophie, that it is incumbent upon you and your peers to lead some kind of effort to get her off this playing field!!  As prisoners’ our plates are already full.  The very last thing we need is a scandalous, corrupt Warden!

I’m interested in knowing what your goal is in regard to the blog.  How are you coming along with responses from your reliable viewers?  Gotta go-

D

Hello Comrade,

Received your last letter.  Thank you for writing.

Enclosed you will find my letter to the commissioner, which is indicative of exactly where we are presently at.  A very, very sad state of affairs.

This past week I went on a mission: soliciting prisoner’s who are truly tired of being walked on, mistreated, dehumanized, etc. etc.  I wound up with 21 prisoner’s “requesting” (what should be readily available) grievance forms.  And on the face of it, each was refused!  Can you believe that?  A sergeant actually refusing to give 21 prisoner’s grievances.  Absurd.  Unheard of.  This could only happen in Maine.

In any event, the guy’s finally received the grievances, now I’m assisting them with filling them out.  A freedom fighter’s work is never done (smile).

I’m enclosing a stamp so that you can mail this original copy to the commissioner.  Hope you don’t mind making a copy for yourself?

Lest I forget.  By chance, are “you” keeping copies of my correspondence to you?  Perhaps one day we can put together a Best Seller!

Comrade, in closing, I want to stress my desire to you to blog my words with, in, my name.  I am accountable for “anything” I say.  I don’t hide behind anyone.  I can stand the rain.

Hopefully, life is treating you grand.

Please take care and don’t stop dreaming.

In Struggle,

Donald