Wrongfully Incarcerated Since 2000: This Inmate is Seeking Legal Assistance and Freedom

December 20, 2011

Dear Sophie,

Enclosed is a drafted letter I used to write a handful of lawyers seeking to help me on my ongoing struggles with bias parole board.

In 1999, I committed a minor offense. Was sentenced in Androscoggin superior court to a minor term of imprisonment. Judge outright told the prosecutors, “Mr. Wardwell is no longer on parole”. I have written to Auburn, ME superior court (clerks office) seeking docket # to that offense. As they have not answered my first letter. So I wrote them again last week. I am back-tracking some documentation to eventually support my multi-million dollar lawsuit down the road.

Once sentenced in 1999, some unknown probation officer or cop kidnapped me to M.S.P. Records here would prove no parole officer violated my parole. As I was on parole and was eventually “discharged”, in 1980’s. When they did eventually bring me to parole board, a five (5) year term was issued. When I went again (2007) another five years was imposed. I have been incarcerated over ten (10) years for what? Parole records cannot substantiate any documentation how I came into Maine D.O.C. custody. Past ten (10) years classification officials (about 6 various ones), and unit managers have asked me how I was brought into prison? As no ‘sentence or commitment’ paperwork exists.

You might be asking, “why did I wait over ten (10) years before filing a #2254 habeas corpus petition in U.S. District Court (Bangor)?” Because prisoners are threatened and written up for helping prisoners at M.S.P. Yep, good ole’ boy system has an iron fist on prisoners helping other prisoners. Why only one (1) paralegal is paid #320 @ [sic] to assist #700 prisoners in need of legal assistance.

Eventually I will be released from my illegal sentence and sue the state for caging up a #70 year old man. Recently, I have reassured my ex-wife I’ll be home soon. We’ll get re-married again. As a probation officer (Roy Gutfinski) one day kept hounding her to divorce me. That way, I wouldn’t have a place to parole to upon my release. She ended up throwing all my clothes away and signed divorce papers Mr. Gutfinski made out for her.

Maine is trying to possibly reinstate parole back to Maine statue. We need a whole new board. As ex-prosecutor (Neale Duffett) is blatantly violating people’s rights and this cat is a public defender in Ptld [Portland]. I always do wonder how these folks can sleep themselves to bed at night. Please do not worry about exposing the truth of this letter. 12-18-11 Bangor Daily News just published a story on me. Pretty soon I’ll be preaching a senate committee should commence and fire a bunch of bias state workers for my pains. Sincerely,
Gaylon L. Wardwell

December 20, 2011

In 2000, prison official had extra beds in their new Warren facility. I was arrested for new criminal conduct, after being on parole for #15 years or more. Pursuant to 34-A M.R.S.A. 5809 my parole sentence was eventually ‘discharged’ by penal officials. But due to new charges prison staff illegally reinstated my parole status. Lawcourt already declared this practice as illegal in State v. Rodney Austin, 663 A.2d 62 (Maine 1995). Still parole board has wrongfully held me in custody so far for over ten (#10) years.

Last month, Esquire Duffett (parole chairman) appointed me an attorney. This is highly rare.

Esq. Pagnano has been appointed to represent me. But I keep hearing your office would adamantly represent my best interest at my parole hearing and future civil rights complaint.

If your unable to represent my claims, could you possibly refer me to another attorney? I thank you in advance for your time and attention.

Sincerely,

Gaylon L. Wardwell

Captain Cutler Strikes Again! Illegally Confiscated Legal File, Intimidation, and Pen Theft all in a Day’s Work!

The following information should give you fellow bloggers an idea of some of the tactics the officers use here on a daily basis to keep the prisoners off balance and oppressed.

 

Captain Cutler harassed me on November 15, 2011.  He intentionally stole my ink pen, a rhyme, and read legal paperwork that involved him and then he confiscated my entire legal file.  His acts were done with malicious intentions that had nothing to do with the prison’s security or the orderly functioning of it.  The other officers that were present admitted to recognizing the unprofessional acts of the Captain.  It was obvious to everyone that the Captain intended to escalate the situation by attempting to provoke me into violence.  However, I remained calm and respectful which made the Captain look like a school yard bully and the one sided conflict was defused.

 

Captain Cutler performed a pat down search on me when I was carrying my legal file in route to the law library.  When the pat down was finished he began searching the legal file.  I informed him that the file contained legal work and I was going to study it at the library.  He continued searching the file while reading its contents.  He discovered an old rhyme that originated from a Playboy Magazine.  He informed me “he thought” the rhyme was inappropriate and then stole it.  Because I was unaffected by his provocation he confiscated my entire legal file.  I still did not react, so he stole my pen.  It was evident that the Captain was looking for a fight.  But, everytime [sic] he tried to fish me in, he failed.  I followed his inappropriate orders which defused the situation.

 

I arrived at the library empty handed only to be called back to my living quarters by officer Waltz.  When I returned to the pod it was locked down and I locked myself in.  Two hours later the cell was unlocked.  At that time, I asked officer Waltz his reason for calling me back from the library.  He explained that the Captain asked him to go through the legal file with me so I knew what was legal and what was not.

 

Officer Waltz then began reading my legal paperwork that included privileged mail, letters, and information from my attorney including some case law.  Offer Waltz wanted to know how the various items in the file related to legal work.  I answered his questions.  At that point he became frustrated which seemed to trigger his inability to communicate ineffectively with the prisoners.  He rudely advised me for no apparent reason that he would have Captain Cutler go through it with me.  At that point I asked to see the sergeant.  Waltz refused the request informing me I can not [sic] see the sergeant but had the option to lock in my cell.  He also made a commit [sic] for the second time in a week that I will not be in his pod long.  I walked off and sat down in the dayroom to watch television.  Within a few minutes Waltz returned with my legal file.

 

There was no material in the file that violated prison policy.  By officer Waltz returning it to me proves that the Captain and the officers behavior was meaningless, it was pure harassment.  The Captain attempted to instigate violence, but he failed.  His own co-workers commented on his ridiculous, immature behavior.  They were embarrassed as they thought it reflected on there [sic] roles as officers.  It’s fascinating how Cutler and Waltz discriminate by intimidating and harassing humans that can do very little to defend themselves!  Please have the Captain by [sic] me a new pen and rhyme that he stole and ask them both to leave me alone!

 

Please understand that it is your $60,000 a year per inmate in tax dollars that pays for this oppression.  It will continue happening unless the public demands prison reform.

 

Demand the government spend your tax dollars on influencing the prisoners in a positive manner so they can be rehabilitated when released.  This will produce a safer society, redirect tax $ to more important matters such as education, and help the prisoners live a upright productive live that will only produce more tax dollars and less trouble!

 

This correspondence reflects my constitutional right under the first amendment which states that:

 

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise theof [sic]; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievanes [sic].

 

Sincerely,

 

Henry

 

 

Inmate Posts on Voices now Faces Retaliation & A Note from Sophie About MCC Breaking Fire Codes

8-14-11

Dear Sophie,

Well its [sic] nice to think that somebody is thinking about me.  But your computer is ok.  I didnt [sic] hear anything after I sent that letter to you.  Its [sic] good to know that someone knows what is going on here.  If ochea [sic] ever came in here they’d shut it down.  The only reason they can get away with it, is because its [sic] a state oned [sic] place.

They delivered my medicine for a year now.  And all of a sudden they want me to go over and get them.  Like one C.O. said this is a prison and were not supose [sic] to cater to you guys.  And I quote.  So I am trying.  [omitted for safety]  I try to get along with everyone.

Yes Im [sic] doing ok.  Im [sic] still in a lot of pain.  But I cant [sic] get help for that until I get out.  Im [sic] in [omitted for privacy] by the way.

I wish more people would write to the blog.  But they say they would be waisting [sic] there [sic] time.  Because nobody care about us.

Well it was good to hear from you.  And take care.

Your friend

[name omitted for inmate safety]

Maine Correctional Center

A note from Sophie:

 

Previously I published a letter by this inmate that outlined serious fire hazards in his pod (along with other very serious health concerns for prisoners).  He wrote to the blog that every fire exit and door is currently blocked with heavy things.  After receiving his letter I immediately emailed the fire chief in the town where MCC is located Windham, Maine.  Here is my email and his flippant dismissal of the issue:

 

Dear Chief Charlie Hammond,

I am writing out of a grave concern for the inmates and staff at Maine Correctional Center (MCC).  I am a prison advocate and today I received word from an inmate in MCC that the doors to the outside AND the fire exits in his pod are blocked.  Unfortunately, I do not know exactly which pod he lives in but I felt that it was imperative that I inform someone given the seriousness of the matter.  The letter from the inmate can be viewed here: p1yroD-40

I do know from reading the letter that wherever the man is housed is with other handicapped/disabled men, which of course adds to my concern.  These men are crippled and would have trouble with a normal evacuation where the doors are accessible.  Therefore, having doors and fire exits blocked is an extreme safety hazard for them.  This in turn puts the MCC staff at a greater risk for injury in the event of a fire because they would first have to unblock the doors and then help crippled men out of the cells and into the air. I do not have to go into details about the risks and unlikelihood that this could even be accomplished in an emergency situation. 

I hope that this letter prompts an investigation that leads to a swift resolve.  Thank you very much for taking time out of your day to check into this matter.

Solidarity in Struggle,

Sophie Inchains

 

Charles Hammond to Charles, me

           

show details Jul 20

 

Please contact the individual(s) and identify the building. I don’t want to spend the days correcting problems specific to one or two doors. We’ll do a random when we go to the facility. I am also forwarding this to the Fire Safety Officer at MCC.

 

 

As you can see, Mr. Hammond was not very interested in the conditions at MCC.  The inmate did tell me which pod he is located in, but I feel that for his personal safety, I cannot disclose his exact location.  The fire chief and his crew should have no problem finding the numerous violations at MCC in EVERY pod, I refuse to place this inmate in more harm so that Mr. Hammond can dismiss his claims.

 

Although I only used an initial when I published this inmate’s original letter, I believe that the reason that he is “suddenly” being told to walk and get his food (he is handicapped) is blatant retaliation for publishing on Voices.  I have taken the initial out of the original post, but of course, this person is still at risk.

 

Also, the inmate says in this new letter that the safety conditions have not changed in his pod.  Clearly, MCC does not care about the safety of their inmates OR staff.  If anyone reading this would like to contact Mr. Hammond and kindly suggest that his office make the visit to MCC soon (and preferably UN-announced) his email is: chhammond@town.windham.me.us

 

Sophie

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

Denied Medical Treatment, Property Missing 3 Years, and Serious Doubts About Ponte

8-8-11

Dear Sophie Inchains I got some stuff for you to put on the computer if you so kindly could.

First back in 2008 I went to federal prison from here.  This place was suppose to send my property home.  Well it never made it there.  Back then this place famous for stolen property.  Well get this this happened in 2008 well done day I got out of S.M.U and when I got out and got my property after getting out of S.M.U they gave me my photo album from 2008!  They gave it to me in 2011.  I said to the property officer I said I don’t have a photo album yet he said well there are photo’s [sic] of you in here so I looked at it and it was my photo album from 2008.  I almost cryed [sic] when I looked at it because all of the photo’s [sic] of my dead brother is in there.  So I got my phot [sic] album from 2008 I did not have when I got heare [sic] and they refuse to admit my property from 2008 got stolen.  That is the first thing.

2 I am being refused medical treatment I’ve been on the list to see the P.A for five weeks I have not seen her yet I talk to the deputy warden and she ignores me.  The only people they listen to is the child molesters the [sic] protect them dirt bags big time.  Anyway I talked to the administrator of medical Mike Kapanos he lied to my face.  he said he would get me in to see the P.A. on an emergency.  2 day’s [sic] later he said he is waiting for DR Shubert to come back from vacation in 2 week’s [sic] and he will try to get me in to see him.  I have been on the list to see DR Shubert for 7 (seven) months I have not seen him yet.  They are refusing us medical treatment.  They changed there [sic] name because they are getting sued so much.  That is it on that subject

This prison is in bad shape it is being run like a joke.  9 offcers [sic] quit nobody wants to work here.  There are more quitting they just dont [sic] no [sic] it yet.  This new commisher [sic] is pissing people off.  Ever since he took over the violence has doubled.  Paul Lapage [sic] hired commisher [sic] Ponte as a trouble shooter and to find way’s [sic] to save and make money.  In the process soon there is not going to be enough c/o’s to run this place.  What are they going to do then.  And I can tell you the inmates are getting real pissed off bad.  Because retards run the place.

Sophie that is all I go please post this you’re the best

David

Maine State Prison

Fed Up with the High Cost of a Call to Mom: And a History of MSP Mailroom Issues

July 26, 2011

Hello,

We keep crossing our kites in the mail.  I’m gonna have to refrain from composing my thoughts.

I’m glad you found [name omitted].  Pray that he did not return back to [place omitted].

This place picks & choses whose mail they can screw with.  [date omitted] had a T.R.O. GRANTED against these prison official due to controversial mail practices.  Within two (2) months I was transferred to another facility.  But it woke these lames up plenty.  Not easy getting a temporary restraining order on a state agency.

I’ve filed my share of grievances against those capricious personnel working in mailroom.  They never sign their names who illegally destroyed and/or opened someone’s mail.  As legal mail is “suppose” to be opened in your presence.  A convict will only get a jotted notation on his envelop “opened by mistake” with two (2) initials below & “mailroom” signed.

We’ve some felonious fiends caged here.  So some have tried to smuggle drugs thru cards, between court transcripts, stamps.  Why no perfumed or crayoned pictures by children are allowed!  Let alone a kite from someone’s mate seeking to entice him by perfumed scent.  We have the so called “security” phase the sporting staff must always preach to the general public.  So there’s a little tid-bit that can swiftly enlighted [sic] the public plenty.  Thomaston, Maine prison for 30 or 40 years (or more) housed only prisoners classified “maximum” security.  In 2000, they built this dump to house maximum and medium security prisoners.  Of course Thomaston prison house [sic] just over #400 inmates.  Whereas, Warren holds twice as many.  So the diminished person serving time here decreased from 23 to age 20 let’s say.  First few months here the “mile” walkway was some bloody.

This past week, someone in ‘close custody’ sliced this medium security inmate over in recreation area.  So Fri-Sun, we had limited inmates at rec.  From now on, no inmates with different classifications will be in activities building.  When we come and go there’s way more shakedown.  Twice we are all patdown [sic] searched before and after we are done eatting [sic].  These shallow personnel protecting me from getting brutalized are really whining about having to do work now.  (Giggling)

I did one of two previous lawsuits against this dump for gross mishandling of our mail.  Eventually another suit will have to be lodged in Kennebec superior court.  Never in Knox count.  Good ole’ boy syndrome trickles all the way to Rockland, ME.

Past three (3) weeks I’m drafting a major civil action to lodge in court on bogus phone system this prison charges consumers.  I’m some tired of them charging 30c a minute, and 3c per call if party is not home.  Crazy!

Enclosed please find Maine-PAC response as to where we stand on pursuing parole options.  A couple ex-cons that are close friends are being pursued into finally stepping up to the place & pushing this crusade.  (Smiling)

[2 paragraphs omitted for confidentiality of inmate]

Soon as I draft that suit up…I hope you can retype the quest for possible additional plaintiffs.  Looks much better on the petitioned injunction too.  Man don’t defendants hate T.R.O.’s and injunctions.  But I don’t like coughing up $5.00 for a 16 minute call to my Mom.

I was just staring at my sloppy penmanship.  I am in a hurry and must improve my handwriting.  You are a blessing and a much need insights on exposing this warehousing of felons.

Much respect & grace,

[name omitted due to pending litigation]

Placed in Segregation Without Due Process: A Request for Job Reinstatement

To: Unit Manager Worcester

From: Bartolo [last name omitted]

Date: July 16, 2011

Subject: Classification

Sir:

On June 26, 2011, I was, through no fault of my own taken out of my housing area in the medium unit and erroneously placed on Administrative Segregation.

The U.S. Supreme Court has said it is wrong to place a prisoner on ad.  Seg status minus notice and anything documented in writing.  After my spending sixteen (16) days on ad.  Seg.  losing my job, good time, etc. etc., I still have no paper work [sic] documenting the cause for the ad.  Seg.  That by itself constitutes a violation of procedural Due Process Hearing.  I am requesting my A.M.G. pod job be reinstated immediately.

Thank you for your time and I thank you in advance for making this problem less difficult.

Respectfully Submitted,

Bartolo [last name omitted]

cc: file

Mr. Worcester

Voices form the Cracks

Warden Barnhart

Commissioner Ponte