We Sued the NYS Parole Board and It’s Downright Silly

“… explain to me how prohibiting Mr. Fontaine from associating with a woman who has done nothing more than telling his personal story is a proper release condition.”

Attorney letter to NYS Parole Board lawyer and chairwoman

It’s not the lawsuit that’s silly. But wait until you read the exchanges with prison and parole.

I wrote a book about a New York prison inmate who’s now on parole. Before his release, someone from the prison put my name on his “no-contact” list – but no one’s owning up to it.

I’m a journalist. Jon Fontaine is a guy I dated before I knew he was a criminal. A Jacket off the Gorge is about his crimes and the period when our lives intersected. Jon has lawsuits against prison staff. The book covers that.

On December 6, Prisoner’s Legal Services filed a lawsuit against the New York Board of Parole to get my name removed from Jon’s “no contact” list, alleging constitutional rights violations.

It was July 24 when PLS Attorney Sophia Heller stepped in and wrote the parole board chairwoman and chief counsel.

“… this condition is inappropriate. I thus respectfully request that Mr. Fontaine’s release conditions be amended accordingly.”

On August 15, the parole board secretary replied:

“… this condition was removed on April 18.”

However, the “amended” document still contained the original restriction:

“I will not associate or communicate by any means with Susan Ashline… without the permission of the [parole officer]. “

And added a line:

“I can be around/communicate with Susan Ashline as long as parole officer agrees.”

Yes, it really says that—the same thing twice, with the words flipped.

On August 21, the PLS attorney again wrote the board:

“… to impose this condition in any form without justification is entirely inappropriate.”

No one responded.

Since we’d planned to jointly promote A Jacket off the Gorge upon Jon’s release in September 2017, I had chased down getting my name removed from his no-contact list as early as one year prior to his release.

I endured months of head-scratching nonsense from Mid-State prison staffers who kept sending me out for buckets of steam, particularly Ronald Meier, a supervisor in the prison counseling office. I had caught Meier in several lies (see previous story). He kept feigning ignorance about the parole condition.

A parole board staff member then informed me the parole release conditions came directly from the facility. The document had Meier’s name stamped on it. The parole board blindly approved it.

I wrote the parole board instructing them to remove my name, included correspondence with prison staff, and stated prison staff had insisted only the parole board could remove my name.

Parole board secretary Lorraine Morse wrote on March 9:

“There is no indication that Mr. Fontaine wishes to have your name removed. If he wishes, he must submit in writing to the Guidance Office—SORC Meier—Midstate CF his request to have it removed.”

She’d passed the ball back to Meier. I called Morse and told her that was the very problem—that’d I’d kept getting passed back and forth. Meier was insisting he had no role in changing the condition.

Don’t worry, she told me. It won’t be a problem. “I had conversations with him directly. He knows exactly what he’s supposed to do.”

As directed, Jon sent the request to Meier on March 20.

How did Meier respond?

“This request will be forwarded to the parole board.”

Meier never did send it to the parole board anyway. He sent it to his supervisor in the prison, Jeff McCoy, Deputy Commissioner for Program Services.

McKoy wrote Jon on June 5:

“Please be advised that the Parole Board Commissioners are responsible for all final determinations of parole conditions.”

But on March 20, Jon had also sent his request to the parole board, just to be safe.

It was after that the parole board made their genius amendment.

Jon spoke with his prison counselor, Larry Zick, who allegedly told Jon that he was the one who wrote the parole release document, and my name was a whoopsie—he may have gotten distracted while writing up the list (because I had to point out to prison staff that they’d removed the name of Jon’s crime victim while surreptitiously inserting my name in her place).

Prior to that, more than a half dozen staffers claimed they had no idea how my name got on the list, or why. After stating he had no idea why my name was on the list, Meier told me in a phone call that it was because I’d briefly put myself on Jon’s no-correspondence list of my own volition.

I beat down doors until I got an investigation opened. Then, I was told a different story by yet another prison employee. This time, the story was that a prison staffer named Lisa Hoy added my name to the list, alleging I’d called her in 2015 and told her I was afraid of Jon.

2015? That’s curious timing.

In 2015, Jon’s attorney filed lawsuits against staff at Mid-State and Groveland prisons. In 2015, Mid-State staff became aware of my book when I wrote administration seeking permission to do a media interview of Jon inside the facility. It was denied.

I’d been posting stories by Jon on my website; many unfavorable to prison staff. Someone posted a story from my website to an online forum for prison employees. Views of that story spiked well into the thousands. A couple prison employees posted angry comments on my website.

We believe the inclusion of my name on Jon’s “no contact” list was an attempt to silence our story.

Conveniently, Hoy left the prison job a very long time ago. I have no idea who she is. I’m not inclined to phone strangers at a prison to talk about my feelings. And if that call actually took place, what steps did the prison do to “protect” me? Because in 2015, and up to the time of his release, Jon and I had seamless, unhampered contact via phone calls, letters and visits.

I am not afraid of Jon.

The condition states that contact is ultimately up to his Rochester parole officer, Martin Buonanno. Note that almost all correspondence is cc’ed to Jon’s file. Either Buonanno didn’t bother to read it, or he arbitrarily dismissed it. He denied me the right to communicate with someone.

I am not under state ownership. My constitutional freedoms are not discretionary.

The litigation, called and Article 78, challenges an administrative decision; in this case, the parole board adding my name to the “no contact” list. The case is set be argued in State Supreme Court in Albany on January 5, 2018.

Cause of Action, Fontaine v. NYS Board of Parole
Memo of Law, Fontaine v. NYS Board of Parole
Memo of Law, Fontaine v. NYS Board of Parole
Cause of Action, Fontaine v. NYS Board of Parole

Click here to read my affidavit

Read the Cause of Action:

 

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Crickets

It’s been awfully quiet on this website.

Though I added a blog category “Follow the Story in Real Time,” as you can see, I haven’t been able to follow Jon Fontaine’s story in real time. The prison staff at Mid-State Correctional Facility made sure of that. So did Rochester Parole Officer Martin Buonanno, by putting me on Jon’s no-contact list. And the New York State Parole Board blindly approved it.

So, they’re being sued.

[I will post court docs and the head-spinning correspondence with prison staff and parole. You’ll enjoy the comedic element. Stay tuned]

Court papers were filed on December 6. The case is on track to be argued on January 5, 2018, in Albany County.

The story goes like this: I wrote a book about Jon Fontaine, a criminal. A Jacket off the Gorge is currently on submission to publishers. Events depicted in my book are also detailed in Jon’s lawsuits against prison staff. Staff is well aware of the book, its contents, and subsequent blogs on my website which expose problems in the penal system. In an unpredictable and stunning move, prior to Jon’s release, prison staff added my name to a document that states he would not be allowed to communicate with me upon release (without the permission of his parole officer). Through a shocking (almost laughable) chain of correspondence, Mid-State staffers refused to remove my name, stated they had no why it was there, or how it got there.

Upon release, parole officer Buonanno arbitrarily denied Jon the right to communicate with me, and by that act, denied me the right to communicate with Jon (thereby violating my constitutional rights).

Jon had called me the day before his release and asked if I would call his parole officer to seek permission to have contact with him. I would not.

Here’s the thing about constitutional rights: You’re born with them. They are absolute. You don’t need permission; and certainly not from some Shmoe with a low-level state job.

I refused to ask permission. Buonanno is a stranger to me. He does not get to make decisions for me. Now, the parole board is being taken to court for violating my rights, and you—the taxpayer—have to pay for it. You have to pay to ensure my constitutional freedoms remain intact.

It’s what happens when citizens get state jobs, a taste of power, and knowlege that red tape will insulate them from having to answer to their abuses of power.

What a waste of your money.

Background:

Part 1

Part 2

Part 3

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