Inmate’s Exit from Prison a Bumpy Ride

[by Susan Ashline]

Jon called me last night.

He’s less than two weeks from getting out of prison and has been told nothing concrete about anything from anyone.

He has no place to live and hasn’t been told where he might be placed.

He worries his parole officer will not allow him to have a vehicle, which would hamper him from finding employment.

He’s been given different dates for his release.

His counselor at New York’s Mid-State prison, Larry Zick, apparently told him he’s allowed to have someone pick up him on the day of his release; then told him he’ll have to take a bus to his parole officer’s office… wherever and whenever that may be. Picked up or take bus – Zick simply doesn’t know.

Jon’s attorney, the one he paid $12,000 to do his restitution hearing and a motion almost a year ago, has been largely absent. I’ve tried to stay out of it, but a good part of my book, A Jacket off the Gorge, deals with failures in the justice system, and I have a hard time ignoring that an attorney is neglecting any client, let alone one who paid him $12,000. The whole “voice for the voiceless” thing – I’ve felt obligated to intervene a number of times. My last contact was more than a month ago. I emailed Jon’s attorney on his behalf, because I’d learned the decision on his restitutaion hearing had come down three weeks earlier. Jon, of course, had been waiting to hear. The attorney then emailed the decision and said to tell Jon he was sending a big packet of information. There’s an affidavit Jon has been waiting to sign that his attorney promised to get to him months ago.

As of last night, Jon has heard nothing from this attorney – no calls, letters, visits; affidavit never came. Months go by with no communication.

I am resisting the urge to rip into this attorney. I don’t want to look like a jerk. But I’m realizing I am not the one who looks like a jerk here.

$12,000.

Speaking of jerks… After learning I wrote a book about Jon, which includes his lawsuit against Mid-State Correctional Facility, Mid-State staffers arbitrarily added my name to his parole release conditions, stating he would not be allowed to communicate with me. Isn’t that convenient?

I spent months contacting everyone involved (Superintendent Mathew Thoms, Ronald Meier, Ann Joselyn, Larry Zick, DOCCS attorney Kevin Kortright, DOCCS investigators Scott Apple and Keila Bowens, the NY Parole Board), stating I do not consent to my name being on that list. Jon sat with his counselor, Zick, who apparently told him he doesn’t remember adding my name in the first place, and that someone may’ve walked into his office while he was doing the form and distracted him, and that’s how it wound up there. Jon also wrote the parole board, as well as filed a prison grievance to get my name removed.

Let’s pull all the support beams from any inmate being released from prison and laugh while they crumble (*sarcasm).  More likely, whine about the fact they slipped up, committed crimes again, and wound up back in the system. Throw your hands up, shrug your shoulders and act in disbelief as to how this happened.

After being sent around in circles, no one doing their job, and no one getting anything done, an attorney out of Albany, through a prisoner’s advocacy organization, took up the case to get my name removed.

Ironically, the one attorney who has done more than anyone else is the attorney not getting paid a penny from Jon.

Thank you to this attorney for her hard work and tenacity. She has been in contact with the Parole Board legal counsel, demanding my name be removed and stating there is no cause for it to be there. Unbelievably, the Parole Board lawyer wrote her erroneously stating my name had been removed in April. In fact, it had not been removed. The very same condition was listed as an amendment, but restated – different words. And now the attorney is forced to go at them again.

And this is how the criminal justice system goes.

And we all want better citizens and less crime, but the state employees want to retain power, collect their fat paychecks (that you pay out), and put up roadblocks to get people to a better place.

Like it or not, most of these inmates are released at some point. Isn’t it better for us if we help them rather than isolate them from social circles and take away their ability to find viable employment?

Background:

Mid-State Prison Strikes Back after Learning of My Book

Mid-State Prison Retaliates Against Me (UPDATE)

Mid-State Prison Staff Stonewalls Me (UPDATE)

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Mid-State Prison Staff Stonewalls Me (UPDATE)

[by Susan Ashline]

Read Part One

Read Part Two

Two months ago, I learned a Mid-State Correctional Facility staffer had surreptitiously placed my name on a list of individuals who inmate Jon Fontaine will not be allowed to communicate with upon release. Jon is the subject of my book, a friend, and we currently have unhampered communication through the prison.

Additionally, Jon’s Parole Decision Notice (the one listing my name) is in error. As my name was added to the “no communication” list, the name of his actual crime victim was removed. The prison staff submitted an incorrect document and the parole board blindly approved it.

For months, I had to fight for an answer as to why my name was put on that document. Staff at Mid-State Correctional Facility also ignored my concerns that the victim’s name was omitted and needed to be added.

The first two months were spent getting stonewalled by Mid-State staff. Leading the charge: interim Superintendent Matthew Thoms, his deputy superintendent, Anne Joslyn, and a counseling supervisor, Ronald Meier.

I was forced to take my questions and concerns outside the facility to the Office of Special Investigations. They opened an investigation.

Finally, an answer.

Investigator Keila Bowens informed me a Mid-State employee named Lisa Hoy was responsible for putting my name on the list.

Why was it necessary for Mid-State administrators to stonewall me for months? They could’ve simply provided the answer. Instead, they sent me phoning, emailing and writing snail-mail letters until I grew eye bags.

Why are these people still employed? And why do we pay them for failing at their jobs? New York State is the only employer who allows its employees to do nothing and still collect pay checks.

Bowens was respectful and accessible. She told me Lisa Hoy is a former counselor at the prison. I do not know Lisa Hoy, nor have I ever heard her name. She was never Jon’s counselor. And because she no longer works at the prison, she cannot be questioned.

Bowens acknowledged the Parole Release Document is in error. She said the Department of Corrections and Community Supervision (DOCCS) will need to submit an amendment to the record in order to include the victim’s name.  However, she said DOCCS is unable to remove my name from the document because it is “part of the record.”

On January 26, 2017, I sent a letter to parole board members requesting removal of my name (click to read). 

We’ll see if they do it.

Through this battle for answers, I cannot believe how many state employees told me the issue of my name appearing on this document doesn’t concern me. Um… yeah. Yeah, it does. It’s my name, and it restricts with whom I communicate. That’s revoking my constitutional rights. Get my name off the document and it will no longer be my business.

During Mid-State’s stonewalling, I had contacted the office of NYS Assemblyman Daniel O’Donnell, who was chair of the Corrections Committee. I received correspondence that he is no longer chair. Should I receive an unfavorable reply from the parole board, I will contact the new committee chair, Assemblyman David Weprin.

Stay tuned.

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Mid-State Prison Retaliates Against Me (UPDATE)

[by Susan Ashline]

PART ONE:

Mid-State Prison Strikes Back after Learning of My Book

PART TWO:

I wrote a book. A Jacket off the Gorge is based on incidents outlined in a lawsuit against Mid-State Correctional Facility. The subject of my book, Jon Fontaine, is currently housed at Mid-State.

As Fontaine is prepared for release, he met with his counselor in November 2016 and went over his parole conditions upon release. Jon’s sentencing judge had issued four orders of protection against him; individuals tied to the case for which he is imprisoned. Just one of those individuals, Dora Rosser, was the actual crime victim.

Jon’s counselor notified him that his parole release document will state he is not allowed to communicate with those four individuals.

Makes sense.

But this doesn’t make sense. Just days after meeting with his counselor, Fontaine received a hard copy of those conditions. Someone at the facility had surreptitiously swapped in my name, and swapped out Rosser’s name. The NYS Parole Board approved the document. So I am now listed as being barred from communicating with Jon upon release. And Rosser’s name was removed from the list, though it names three of the four individuals with orders of protection.

Why? And who did it?

No one at Mid-State prison will tell me. In fact, the staff at Mid-State has only told me they have no idea who put my name there, or why. Now, they are dodging all contact with me.

Clearly, the document needs to be revised, as it glaringly omits the name of Fontaine’s crime victim. Yet, staff at the prison is ignoring the issue.

Only after snail-mail letters attempting to address this did Deputy Superintendant of Programs Anne Joslyn send a response – one that makes no sense.

“It has been determined that personal information regarding inmate Fontaine cannot be released to you as there is no signed consent form signed by inmate Fontaine to release information to you.”

What personal information did I request? None. The response is not relevant to my issue.

In fact, she threw it together so quickly, she doesn’t even spell her colleague’s name correctly (it’s Ronald Meier, not Meiers); there is missing punctuation and rambling, incoherent thoughts.

Joslyn is a state employee who is either not very bright, or thinks others are not very bright and this smoke-screen letter will placate me.

It will not.

The Office of Special Investigations has opened an investigation on the matter as of December 19. However, OSI is run by the prison system (DOCCS), so is, in effect, the organization policing itself. Because of that, I don’t expect results.

In their 2016 annual report, the NYS Assembly Committee on Correction noted they also don’t have much faith in OSI, and tried to get a bill passed that would allow independent examination of complaints regarding prison staff. In 2017, the committee hopes to get approval to open an Office of the Correctional Ombudsman, which would  investigate complaints when an inmate or citizen has failed to get satisfactory results through available institutional channels.

Other states have one. Why not New York?

Not having faith in OSI, on December 21, I brought my complaint to the Assembly Committee on Correction Chairman, Daniel O’Donnell.

We’ll see if anything gets done. Stay tuned.

PART THREE:

Mid-State Prison Staff Stonewalls Me (UPDATE)

 

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