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  Out constitutional rights have been revoked by Maines [sic] Kangarroo [sic] Court System.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

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