Freezing Inmates, Squandered Funds, and Lack of Education Still Issues at Maine State Prison

December 14, 2011

[name omitted]
807 Cushing Road
Warren ME 04864

Sophie Inchains
P.O. Box 2900
S. Portland ME 04106

Dear Sophie,

I haven’t written you in awhile but I hope you are still not being harassed and intimidated by the Department of Corrections administration concerning the expression of our 1st amendment rights. Now you know first hand the power they think they have when prisoners and others such as Stan Moody expose the truth about corruption and other things that go on here. It is also sad that our attorney general and politicians help cover up things and protect the administration or else there would be laws in effect for more transparency and an oversight committee that would help protect staff but you can see our legislature isn’t interested in that.

Remember, 99% or more of person incarcerated are poor and don’t have the resources to fight the sate who have endless taxpayer money to fight court battles. How intimidated did you feel when you were harassed by the warden here about posting prisoner correspondence?

I would like to discuss a few issues that need changing and investigating by the appropriate agencies so if you could fax this letter to people that may be able to help I would appreciate that. Please don’t worry about ay retaliation against me as I will hold my own so you can post this.

First of all, I’d like to say that I have been incarcerated for over 13 year and it is my feeling as well as others that this administration is intentionally creating uneccessay [sic] chaos on a daily basis in order to get prisoners to riot. They would then be able to ask for more finances instead of them being taken away. If you have access to other prisoners and staff I’m sure this could be easily verified.

Every day there are new policies and procedure for everything. What intensifies the chaos and confusion is that there are 2 12 hour shifts, Sunday through Tuesday and Thursday through Saturday and a rotation on Wednesdays. These shifts are not properly notified of the changes that take place on their days off. There are prisoners explaining policy to staff. Day to day, prisoners, guards, and sergeants alike do not know the policies for the day. This is creating severe tensions among staff and prisoners and between staff and prisoners.

When a prisoner tells the sergeant a policy and the sergeant has to call his superior to verify it that is a sad state of affairs at MSP but that is the truth. This all creates uneccessary [sic] tensions among everyone except for administrators hiding in their offices.

One day or one hour you will be getting patted down, the next you don’t. The next thing you know is that a guard or sergeant is trying to belittle you for walking past them and not getting patted down. One day or one shift you have to line up on this side of the hall for canteen, the other shift you have to line up on the other side. Each shift makes up their own rules, policies and procedures. It is so insane and tempers are rising among staff and prisoners.

Currently we have 4 dining halls yet they want to crowd everyone into 3 dining halls creating a lot of problems and chaos. It is becoming a safety and security issue but they don’t care. Also during the coldest days guards, sergeants, and captains stand outside the dining halls in coats, hats, and gloves and hold the doors wide open so the cold air blows right through freezing everyone especially those right by the door. When you approach them about closing the door you are threatened or yelled at. I have written the warden on this issue but she has ignored it.

Recently kitchen staff have been playing with our food and not enforcing established health code sanitation and hygiene issues. Each week a menu is put up with the meals and portion sizes and the menu looks good on paper but in reality kitchen supervisors have switched over to serving sauce and gravy type meals so they can cut the serving portions down and use less then is posted on the written menu. It’s like a bait and switch which is illegal. Many prisoners are not getting plain gravy over potatoes or gravy with big chunks of uncooked flour because staff that cook our meals do not have to be responsible for any type of quality control. It is hard for the supervisor to supervise sitting in an office. Recently when the supervising sergeant was notified of the gravy issue he laughed about it and a near riot broke out in C-pod section of the close unit. This is the mentality of administration. The pod was then locked down for several weeks. We have very little here and look forward at least to a well prepared meal.

Even though kitchen supervisors know weeks in advance the meals that are to be prepare they don’t have anyone with the ability to order the proper foods and the menu is always changing due to someone not ordering properly. I find it sad that the state can pay the guys a large salary and retirement and they don’t even have to do their jobs. Food is cooked off at noon and put in warmers for a 4-5:30 serving. They could never get away with this in a private sector job but I’m sure that is why 3 of the kitchen staff retired then came back to work in the prison and did not go into the private sector. They’d be fired in a heartbeat because they’d have to be accountable to someone. Here they don’t. I have been in the food business all my life including owning my own deli so I do know what I am talking about. There is also a consensus in the prison among staff and prisoner that Kitchen Cook Woodman be drug and alcohol tested as on his best day it is hard for him to put toast and cereal on a tray.

Prisoners are forced to wear beard restraints under threat of being fired when working around the serving line or cooking yet kitchen staff have no policy for covering their beards going completely against Maine Health cod. The administration has taken to turning the heat way down in the prison pods but keep it full blast in the hallways and supervisor and administrators offices. Is our heat more expensive? IN the pods guards are forced to wear coats and even hats because it is so cold. How can officers do their jobs correctly when they have to worry about staying warm.

Why aren’t our legislators and prisoner advocates allowed to come to the prison and speak with staff and prisoners alike to really find out what is going on here? Is everyone waiting for a riot or another murder? How many does it take for politicians to wake up?

Many years ago the state instituted the Inmate Benefit Fund (IBF). This fund was suppose to be for the benefit of prisoners and its completely financed by prisoners and their families form the profits from the canteen and the phone calls at 30 cents per minute. This fund pays for college courses, gate money, 2 free letters per week for prisoners, supplies, and equipment for recreation and other things.

Recently after receiving a copy of the 2009 IBF expenses report which is available to anyone including our representatives, I found that the Department of Corrections ahs been using money out of the fund to pay for building maintenance and other state mandated items.

DOC policy states that prisoners can be paid for their jobs out of the fund only if their job directly benefits other prisoners. Currently administrators pay out about 70,000.00 to favored individuals and a large portion of that is paid for maintenance costs which is illegal. I am asking for a complete investigation into the illegal use of funds from the IBF by our legislators and/or the Office of Program Evaluation and Government Accountability because prisoner are still voters and have a say about their own money. I would like this investigation to go back at least 10 years to establish a pattern of abuse. The fund should then be reimbursed with interest.

First of all, the state is required by law to provide food, shelter, clean clothing, and medical care at their expense and possibly education under no child left behind.

At MSP the state pays some kitchen workers up to a maximum of $50.00 per month which could take a year or more to work into, to work 6-7 hours per day, 5 days a week.

However, according to DOC policy, prisoners can be paid out of the IBF if their job directly benefits other prisoners. Currently, the funds, which are quite substantial, are being terribly misused for the benefit of the state to defer mandated and maintenance costs.

In the 2009 IBF expense report, the last one I received, which is available to all legislators and the Office of Evaluation and Government Accountability, the fund paid out $4100 to barbers, $1200 to wheelchair pushers, $5100 to recreation workers, and $750 to the visiting room family photographer. Although these sums are quite high compared to the state paid kitchen workers, these jobs directly benefit prisoners.

On the other hand the administration has been paying out outrageous sums of money to favored prisoners to offset maintenance costs and other mandated expenses. These jobs in no way directly benefit other prisoners but directly benefit the state. I will explain.

From the expense report it was noted that $13, 200. In IBF funds were used to pay painters, plumbers, and handyman prisoners while paying state employees hired for maintenance to watch them work maintaining the facility. Certain Housing Unit cleaners were paid (bribed) $4100 to buff floors and clean administrative offices while other doing the same job receive nothing. Certain prisoners were paid $7100 to wash our clothes and hand them out and print shop workers were paid $1100 to print state materials even though MSP does not have a print shop. These are all state mandated expense that are the responsibility of the state to pay and not prisoners out of their fund. This is totally insane!

All workers paid from the IBF earn 50%-600% more than the state paid kitchen workers. Why? How is that possible for working less hours?

In the education department they highly pay a fulltime teacher and used to be 2 fulltime teachers and a principal not to teach but then spend over $10, 700 a year to pay prisoners to teach classes while the teacher sits and drinks coffee. IF you are a prisoner making 600% more than other prisoners would you say anything about state paid teachers just sitting around? No! They highly pay a drug abuse counselor and a state contracted drug counselor and then pay 2 prisoners $5100 per year to do their jobs. A librarian is paid a huge sum of money but they pay a prisoner $3900 per year to hand out court documents and go to recreation and other prisoners $2300 to clean the library. The librarian has plenty of time to hand out court documents as the state has taken away our Prisoner Advocate and tried to replace her with a prisoner for much less money.

All these jobs directly benefit the state and state workers and were never meant to benefit prisoners but to offset state costs. Why is there such a differencial [sic] in what the state pays a worker and what administrators illegally take from the IBF to pay favorites? If you were being bribed $2000 to $4000 per year would you speak up about corruption or abuse? I think not but would turn the other way.

The abuse of the money from this fund needs careful investigation and this doesn’t even take into consideration other questionable expenses other than prisoner pay.

Please help us Governor LePage and legislators!

As a 56 year old veteran I am computer illiterate and have been on a waiting list for over 4 years to learn computers. The education department has 2 full rooms full of new computer sand Rosetta Stone language software but we cannot use them, except for a few favorites. The excuse, they don’t have money to pay for a teacher. The solution! Stop paying illegal payments out of the IBF and hire a computer teacher! Just cutting out the illegal payments for maintenance could pay for a teacher.

After some careful research I recently submitted to Commissioner Ponte who passed it on to Warden Barnhart how the $500,000 IBF, if properly invested and legal and illegal expenses cut along with the proper operation of the prison canteen and phone system could finance a prisoner re-entry and training facility at no cost to taxpayers but financed solely by prisoners and their families. This could support fact based programs.

When there is no transparency, oversight, or accountability in a state agency such as the Maine Turnpike Authority and the Department of correction and politicians help cover things up, anything can and will happen. IN this instance corrections administration should not only be accountable for the mismanaged funds but for the lives and well being of prisoners and staff alike.

Sophie, please fax this to prisoner advocacy groups, the Office of Program Evaluation and Government Accountability, Stan Moody, and any state legislators that may be against corruption or abuse in state agencies. There may not be many.

In closing, when Paul LePage and Commissioner Ponte came into office I also proposed a recycling program for state agencies as just in corrections there is so much waste and plenty of paper and plastic to be recycled at no cost but they continue to pay for uneccessary [sic] garbage disposal. My plan would have immediately cut down on tipping fees charged the state, reduction of tens of thousands of plastic bags in landfills and the cost of those bags by the state. No one seems to care.

Take care and let me know who you have contacted with this letter.

Sincerely,
[name omitted]

***A note from Sophie***
This letter was sent in to the blog almost a year ago, and although the inmate did not fear retaliation, I felt that withholding the letter would be safer for him as inmates who were writing into Voices had been targets. In addition, due to certain scary incidents in my personal life–I believe directly related to MSP and the blog–I was publishing very little.

So here we are almost one year later and very little of what is written in the above letter has changed. Commissioner Ponte has allowed advocate groups into the prison (thank you Commissioner), and changes in staff have show improvements in respects to the flow of information (sometimes)between shifts;however, the rest of what the inmate discusses still holds true and with the cold of winter approaching it is worth noting, no inmate deserves to freeze.

Solidarity Always, Sophie Inchains

Faces of a Just Cause

Faces of a Just Cause

There are many reasons to serve the cause of Peace. Take your pick. Do you watch the news and see the never-ending wars? Are you moved by the faces of those suffering from hunger and malnutrition? Or maybe you see your own children and grandchildren and want the world to be a better place for them.

I have my reason for serving Peace, and I’ve already discussed my primary motive in a previous essay, but I must confess that I’ve never been more driven by another cause. I need nothing more to motivate me, and yet the world offers up a bounty of reasons to stand.

When is the violence to much violence? Have we become desensitized by what we see on film and television? The suffering we see on the evening news is visceral. The images of innocence lost are the epitome of reality television. So why do we marginalize the suffering of other people by changing the channel when we see their pain reported on the news?

I suppose we may feel a sense of helplessness, or even a disconnect because it’s easy to press a button on the remote and change the channel. Still others (and I hope they’re in the minority) simply don’t care. It would be different if the pain and suffering were at our feet. Then there would be no escaping it. God forbid it happen to our friends or even our family.

I think it’s a mistake to change the channel without acknowledging the suffering of others; even if they are half a world away. I’m tired of the images of children dying in the streets of Syria, or in the villages of The Sudan. These are the faces of a just cause. If I can do something, anything, to bring about change, then I will try to do so. I simply cannot remain quiet.

If you have had enough of the senseless violence and suffering, I ask you to get involved in any way possible to serve the cause of Peace. We can make a difference.

Jack Bass—Founder of The Peace Initiative

John Bass
73685
PO Box 14 MCN 2C6
Concord, NH. 03302

A Note from FL and Enclosed Article Written in Tribute of “Grannie”

Sat 9,17,2011

Dear Sophie,

I hope this finds all well with you. The weather here is just getting nice and in the low 80’s. I know it is much cooler where you are but hopefully you can enjoy it.

I am enclosing a article I wrote about my Grannie who passed away in 2005 I hope you will post it with the poems I have already sent you? Please return the article in the SASE?

Sorry you can’t send me a picture […] but I do understand and appreciate your help.

I will pass your info around but these guys in Fla are more into waisting [sic] their time rather than writing something positive.

I rarely receive mail from the outside but I write my cousin to remind her I love her and I will be telling her to pass your info to a few of our family to see and read what I have written.

With much love and respect always your friend Tony!

In The Service of The King Jesus Christ

Tony DuPree 120528

Due to the size of the article that Tony sent I was unable to get it scanned correctly and I opted instead to type it in, making sure to add all the pertinent information about the paper and date. The enclosed clipping follows below –Sophie

Covington Times Courier
Wednesday, August 23, 1995
Page 4B

To my Grannie, Alice Knowles…Happy birthday from Tony

Editor:
I was born in 1962. By then, Grannie (Alice Knowles) and Granddaddy had already raised a very healthy and strong family of three boys and two girls. Together they farmed and grew everything they needed. Grannie cooked and made all their clothes.

They bought very little from stores. Living the quality life they did, they needed very little from outside their own land, and when they did, it was bought with money they made farming.

Granddaddy passed away a few years back of natural causes. He lived a life rich with love and happiness that any European Nobleman would be proud of. We still miss him and his spirit is with us always.

Dear, sweet Grannie, she’s managed to go on without the great man she saw so much life with for well over 50 years together. Now in her late 70’s, she still makes clothes for herself and her great grandchildren. Grannie still grows just about everything she eats, and has until this very day she made shelves of jellies and jams, which I as well as her great grandchildren, love and admire her for.

Her home-baked biscuits with the many fillings from fig preserves to a link of homemade sausage, not to mention all the different pies and cakes she’s always baking. And none of us will forget the fish Grannie showed us how to catch down at the nearby river and how delicious they were when she cooked them up golden brown.

I could go on and write a book about this great Southern lady of Alabama. Bur for my article on what woman influenced my life let’s say that she not only influenced me, but my dear sweet mamma is a sparkling gem and attribute of the same noble character, as well as her sister and brothers.

They are all alive and healthy, living good lives. Growing up, I didn’t fully appreciate the rich quality of life I had been blessed with till I went out into the world and got a bird’s eye view of the decay of the noble European culture taking place in the U.S.

Grannie, you are the heart of the beautiful European culture I know and love as a Southerner. You are the Heart of Dixie. You deserve much praise for raising your children in such a noble way. It is because of your preservation and influence of our noble culture that my own sweet mamma raised and influenced me to be a better man. I love you, Grannie.

Your loving grandson,
Tony O. Dupree
P.S. Happy Birthday Grannie.
Grannie just turned 80 on 7/23/95

Shanked, Scarred, and Traumatized this MSP Inmate is Seeking Justice

Dear Sofie [sic] Inchains,

Hello!  My name is Christopher [last name omitted], I am a 21 year old male at the Maine State Prison.  Recently, a serious occurrence has happened to me here at MSP.  My very good friend [name omitted] suggested that I write a letter to you describing my problem.

So, here’s the rundown…

On 7/22/11 I went to the recreation building and was in the gym.  Mind you, I am a Medium custody prisoner.  I was slashed from behind, across my face and my neck.  This happened to me from a close custody prisoner.  (Maximum Custody)

Okay, so here’s the clincher; At first I truely [sic] did believe that my throut [sic] was cut.  But I did not react as most people have indicated that would have been “natural”.  Naturally, I protected myself.  (Using my hands only, of course!)  Upon protecting myself, I was stitched up in Medical, then brought directly to the Super-Max Unit.  There I was held on Administrative Segregation for 20 days.  During which, I wrote a letter to Warden “Patty” Barnhart with my concerns about MDOC policy not being consulted in lieu of my administrative Segregation status.  I was release immediately, because I should have never been brought there.

I was written-up (Inhouse Charge) on 2 different Violations; Class A-Bodily Injury, Class B-Fighting.  I have recently been informed that because a time period, these have been dropped, but for no other reason but the facility not meeting the expected timed scheduale [sic].

Resulting from this attack, Many issues have surfaced during the course of it.

First, after being handcuffed and led to the Medical, I was uncuffed and placed on a table for observations.  The nurse cleaned and stared to stitch my face back together.  While this was in progress, the suspected Attacker was led by wheelchair, unsecured, through Medical to the room on my immediate right.  All during which nurses freely walk in and out of both rooms, leaving the doors opened.  Being placed in that situation, I was worried about another attack, and being unable to protect myself if indeed another occurred.  I was instilled with fear and anxiety at that time.  I’m forced to relive this tragic attack, everyday, everytime [sic] I look into a mirror or a reflection in the windows around.  People stare at my scar, ask about it, interupt [sic] my daily life.  This has made me self-concious [sic], extremely depressed, and has stared to make me anxious around large groups.  Because of the scar, I will remember this trauma forever.

The slash, is between 5 and 6 inches long, and is now a prominent feature on my face.  It begins on my right cheek, where the outside of my eye and the bottom of my nose intersects.  It continues outward towards, and across my jaw-line.  it then leads down under my right ear and across my neck, through to my hairline.  The stitches, (22 in all) were done very poorly; 3 placed inside, 19 on the outside.  My face being scarred further due to the bunching of the skin, and the botching of the sutures.

This scar could potentually [sic] ruin my entire future!  My social life, job oppertunities [sic], anything in which a physical appearance is necessary.

Not only was Medical unhelpful, I was never offered an anti-biotic, or pain medication during the whole ordeal.  I went through immense pain during and through-out the entire ordeal.  I experience an unbearable week and a half (10 days) of pain.  I couldn’t eat, talk, or even sleep without being in pain.

I am being subjected to punishment for protecting myself!  Protecting my own personal safety to avoid any further serious damage to myself.  Yet, the Maine State Prison, (of whom is responsible to ensure [sic] prisoner safety) was unable to ensure [sic] my safety, forcing me to act and react in a self defense.  I had to take immediate action to be able to maintain self preservation.  Therefore, I believe that my actions and behavior were completely justified.  But due to all the action thereafter resulting from the incedent [sic], my personal right to be safe have been violated and the MDOC’s prison officials behavior toward me was seriously unjustified.

So, there it is.  I have more details in which concern this issue, but need to consult an attorney.  (If I can find one).  But this part is my issue, I am unable to finance this.  I’ve got no money to be able to pursue this, but I really need a civil lawyer to assist me.  I was advised to contact Zachary L. Heiden of the M.C.L.U., of whom I will write to soon.

Thank you very much for taking your time to read this.  Please contact me as soon as you can possibly do it.

Christopher

Maine State Prison

Liberty?

Sophie,
I am a pro-constitutionalist with a forward tendency to be a [sic] anarchist to any government rule over the soverign [sic] person. Maybe even anachoroism [sic], someone lost searching for his proper time and place.
Sometimes its [sic] important at the same moment to know what people truly think. We all have been re-programed far from our true being ignoring who we really are.
You have my permission, as always to post whatever I send you. However, F.S.M stands for “Freedom Soverign [sic] Militia”.
It is just me. A created division of the old idea of german [sic]/Norse ideology. The, “Gray Wolves”.
I am lieutenant colonel, Ronald [last name omitted], comrade of the, “Gray Wolves Militia”.

Freedom Rides————

Would you please be kind enough to forward me copies of what you publish that I send.

Thank Y.

Ronald
Maine State Prison

Liberty-?
We live in a present society where special interest places demands upon the STATE, as if the people owe a compelled benifit [sic] upon the whole which does nothing but bog down growth.
Rights granted by the STATE are mere demands to teach how to be controlled absent true independence. Responsibilty [sic] comes from the individual for the benefit of the whole.
Public funds should not be inflated-wages for private interest.
The people have become surfs [sic] without knowing that they are the true power of sovereignty. When governments control, enslave and punish, you have nothing by tyranny. But when the government fears the people. You have liberty. Stop demanding like children.
Laws are being built to invoke fear to nothing but enslaved-compelled –performance against the common good without intent, nor harm-by its people knowing or violating such unjust laws.
We believe that a solution is more laws when a tragic event occurs, more law, more law, more public servants, more strain. The vise [sic] simply sqeezing [sic] the blood out of our people. Public policy from a whinning [sic] greedy people does not and cannot insist on more demands but, a “dummy-down”—ignorant youth. The more you believe society owes, the more it squeezes the very fundamental foundation of liberty. Liberty does not come from give-me give-me we owe you a right? Idiots! You already posses [sic] a natural right as a human beings not to be oppressed by governments. You yet-have-not-a-right-to dictate wants that a rights is a public compelled benifit [sic]. It is independence by choice. You see. The demands of a right from government the less rights you actually enjoy. A division of soverign [sic] states is a creation of Republic rule. Rather it is of it [sic] own freedom. It is assessed by the people, not government over the people.
Freedom and liberty is not a name for a characteristic of actions, its power derives from the people demanding government to be nepotists [sic] for a relative party rule? So I ask…..Really! Determinists and libertarians are mutually exclusive yet compel some idea of the compulsion to say, I am free, which allow degrees of freedom, which are that of the Union States? No. But, if the whole of the people create something in the ruse of freedom, does it have a creation of true liberty? So, does freedom compel us to become nothing more then [sic] free choice and retricted [sic] by our own acts, or is it entirley [sic] dependant [sic] on internal and external conditions, either physical and material; nothing more then [sic] a metaphysical thesis of the act of some hidden faith that man/women with be free or become free by choice only.
Freedom is natural. Not compelled nor, should we place demands for it to be. If so, why do we wish to restrict it by such ideas of performance rather than simply common sense and act responsible. We can’t because we are at a demise within a faction that splits the tree of liberty like a maul [sic] of anger without understanding the compulsion of those unfettered choices. A creation of diversity of government and its people to the point when the people have no idea to what ends they preach their demands to sway public opinion which actually only is the cause of confusion and political collapse. The gradulism [sic] continues towards the collapse of the most in idle-limbo for a socialist cause of material greed and demand right to which we don’t enjoy.—When-policcal [sic]- propaganda-to-socialist-rights is a guise-for-liberty, when in reality it is a fight to crush it! Man is a product of conditioning forces in his environment, social justice, welfare, progressive change of nationalists attitudes to purposely violate human rights to create havoc; build a new system from the consequeses [sic] produced by the unjust demands. We store these false truths away in our memories of what liberty once was, and with overflow we fill our books with reference to anything but, so you see, whenever such extra truth becomes practically relevant to one of our causes of emergencies, it passes from cold-strange to do its evil work to collapse that liberty.

Ronald F.S.M.
Maine State Prison

Thrown Out of Prerelease for False Positive: This Inmates Begs 2 Pay 4 Test 2 Clear His Name & Save His Future!

Sophie,                                                                                                            August 9, 2011

 

This is some correspondence I have been writting [sic] to the new Jail Comissioner [sic] with little to no results.  I wrote him another letter (16 pages,) that he finally answered a month and a half later saying they didn’t have to have the same amount of proof for a prison disciplinary as a court would need.  But even a probation revocation hearing only needs to have 45% to convict a probationer of an alleged violation.  Not even 50-50!  Out constitutional rights have been revoked by Maines [sic] Kangarroo [sic] Court System.  A for profit system fueled by a stacked deck strongly in favor of the system.  The urine test they used on me was manufactured by “American Bio Medica [sic]”.  Even they say not to rely on the tests results.  And to have it sent to an independent lab for further testing such as gas chromatography and Mass Spectometry this is not even the standard test used by D.O.C.  These were old tests they pulled out of a closet and had to blow the dust off from them.  And they had no expiration dates on them as the current tests do.  This is what Central Maine Prerelease in Hallowell is using to decide our fates on, which are unreliable as I have experienced first hand [sic].  The proof is in my urine sample that is still frozen at the prerelease.  It is a money issue for them, I am sure, as if they allowed mine to be retested then everyone would obviously want theirs retested and then everyone would be aware that they are only about 65% accurate at best and that would be counterproductive to the profit system they have established for themselves.  They can’t allow that.  But I’m not going to quit.  My next avenue is going to be the news.  It is hard to say how that will work out.  But I’m not gonna go away so easily.  Very Truly,

 

Edward [last name omitted]

Maine State Prison

 

 

To D.O.C. Comissioner [sic] Joseph Ponte

 

My name is Edward [last name omitted].  I am writing to you in regards to a write up I received for a dirty urine in Central Maine Prerelease on April 22 of this year.  I am asking for a review of my write up because I believe there have been some procedural errors in my case.

  1. There is no list of my medications.
  2. There is no statement by manufacturer for possible false positives that could be caused by my medications.
  3. This was no the standardized test used by Maine D.O.C.
  4. There was no experation [sic] date on the test card.
  5. There is no chain of custody form.

I have written the warden about this but she only answered to the classification decision, not based on my medication issues.

According to the policy 20.2, Section N, Paragraph 8: IF disiplinary [sic] proceedings are to be brought against a client taking a legal medication, which could have produced the positive test result according to the manufacturer of the drug or alchol testing system and if the positive test result in the only evidence of the violation, an independent test is required.

I am more than willing to have this test sent to a lab at my own expense to resolve any questions of whether I was dirty or not.  I know that if my urine sample were to be sent to a lab I would be exonerated of the false positive results and hopefully on my way back to prerelease.  The D.H.S. lab in Augusta would do it for $153.00.  That is $33.00 for a screen test, and $120.00 for Gas Chromatography and Mass Spectometry.  Far less than half of what all the other labs called wanted to do the test but couldn’t do the chain of custody.

I know you have heard this a million times before but I was truly not dirty of any drugs I wasn’t supposed to be taking.  The only way I can prove that is to have my urine sample sent to a lab.  At one point I was told I could do that, then when I finally found a lab to do it someone slammed that door closed in my face and told me I couldn’t.  I don’t know why someone would go out of their way to close that door to me.  What is soo [sic] wrong about me trying to prove my innocense [sic]?  I really need prerelease to help get me back on my feet when I am released.  To pay my fines off, fix my car so I have transportation, and help me afford a roof over my head as I am getting out at the height of winter.  Prerelease is my best chance at a succesful [sic] reentry into society.  And I wasn’t about to screw that up by being a selfish idiot and doing drugs after I made it all the way to prerelease.  I was proud of myself for making it there.  I hope I can make it back.

 

Very Respectfully,

Edward [last name omitted]

 

cc: Warden Barnhart

 

July 18, 2011

Comissioner [sic] Joseph Ponte

I am writing this to you in regards to another letter I sent you over two weeks ago.  I am not confident that you received the first one I send you so I am sending you a copy of the original one I sent to you.  Captain Cutler helped me frame the draft for this accompanying letter.  He told me he feels there is much wrong with my write up.  I hope you agree and grant the review.

Thank you for your time and consideration.

Very respectfully,

Edward [last name omitted]

Maine State Prison

 

July 19, 2011

Mr. Ponte

I received your letter last nite [sic].  If it takes a court proceeding to get my urine sample sent to a lab for further testing then bring or refer charges against me.  There is no statute of limitations to prevent that from happening.  I believe you have the power to do so.  Or, at the very least, refer it to someone who does.  You also have the authority to change policy as Martin Magnussin instituted the current policy in place now.  As time goes by things change and evolve and I think this policy should change for the better so it won’t snag innocent inmates who try to do the right things to better themselves.  I know I worked hard and avoided conflicts to make it to prerelease.  And I am not confident of my chances upon release without money I could have earned from prerelease to get me back on my feet.  So please bring charges against me so that I may be vindicated and on my way back to prerelease.

Very Truly,

Edward [last name omitted]

Maine State Prison

 

 

 

August 9, 2011

To Comissioner [sic] Joseph Ponte,

I am writting [sic] this to you in regards to another letter asking for a review of a write up I received while I was in Central Maine Prerelease in Hallowell last April.  This is my third attempt sending this to you.  The first time I mailed this to you was July 2, 2011.  I am going to attempt to try regular mail again from here at M.S.P.  Plus try sending another copy to my sister on the streets to resend to you in Augusta.  This pertains to my asking you for a review of that writeup [sic] after being advised by Captain Cutler here that is what I should do.  Captain Cutler helped me draft it up before I wrote the final copy to you.  Also back in the begining [sic] of May Captain Radcliffe advised me that I could have my urine sample sent to a lab for further testing at my own expense.  I asked Warden Barnhart why I had to pay for it and she told me in this world we have to pay for what we want.  So I sold a camper, that I owned, dirt cheap for $300.00.  It was worth at least #3,500.00.  But I figured that I had no choice but to sell it.  And the only offer I had was for $300.00.

And after I sold my camper and found a lab to test my urine sample I was told that I couldn’t pay to have my urine sample sent to a lab.  Couldn’t someone have told me that before I sold my camper?  So now I’m not only out money I could have earned at pre-release if not for the malfunctioned urine test, but now I’m out a camper that I sold for next to nothing so I could prove I wasn’t dirty and go back to prerelease and earn much needed money.  And to add insult to injury the business office took over half of the $300.00 from my sacrificial camper.  All they left me was $135.00 of it.  Not even enough to buy a T.V. to pass the rest of my time here with the impending feelings of doom when I get released with no money back into a society in recession with little or no jobs in Aroostook County.  My urine sample should be retested and I should be on my way back to prerelease to earn money so I will have a better chance at being successfull [sic] upon my release back into society with my family.

By not including a list of my medication and a list of false positives they would come up for in my write up they have violated policy code, not to mention no chain of custody form and no expiration date on a testing device that isn’t even the standardized test currently being used by D.O.C.

Am I to just be a statistic that slipped through the cracks by a broken policy that doesn’t serve us all with equal human justice?  Have I not been patient these last 3 ½ months hoping justice would prevail finally?  My vindication lies in my frozen urine sample at C.M.P.R.  Why is it so hard to prove the truth?  Is it because their [sic] is no money in the truth?  Is that why they write policys [sic] and laws to avoid truths?  Whatever that all means is irrelavent [sic] to the fact that you hold my fate in your hands.  Please grant the review or authorise [sic] my urine sample to be sent to a lab.  I would not have gone to these great lengths or wasted your time if I was guilty.  But because I am not guilty is why I am asking you for a chance at a better shot at life when I am released.

Very Truly,

Edward [last name omitted]

Maine State Prison