Category Archives: ineffective counsel

“I hope the Durham Association of Educators, along with Alerta Migratoria and IOA will coalesce to pressure the Sheriff to bring in educational opportunities beside GED for these up to 24 years old”

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Dear G___, ___, and the IOA Family,

Got your letter today with copy of July 17 Feedback enclosed.  Thanks a million.  I enjoyed reading both.  Wish I could have appeared at that meeting with you guys before the City Fathers/Mothers (smile).  I wish even more for the ability to take and send pictures of these trifling meals ABL provides us.  Portion sizes are ridiculous!  My 5 year old grandson would be truly upset.  It’s even worse when they provide meals in the 3 slot styrofoam trays like they did for lunch and supper today.

For lunch we had sloppy Joes.  They (ABL) half filled one of the two smaller slots with meat sauce, put cole slaw in the front large spot, french fries in the 2nd smaller slot and added a bun.  For supper we had apple sauce in one of the smaller slots, baked sliced potatoes w/ very sparse ground meat (probably leftover hot dogs from July 4th) and a piece of bread.  We are all praying they get ousted next month.

I can hardly wait to get out to help join in this fight!  Too often detainees will get out of jail and/or prison and soon forget about the many injustices they’ve had to endure and that those left behind continue to suffer.  Reminds me of how Pharoah’s cupholder forgot about Joseph for some years until Pharoah needed his dream interpreted.  This thing is very personal with me and I will not forget.

Court went well on June 14th.  The Superior Court Judge denied all of the Sheriff’s attorney’s motions filed against me (motion to dismiss my complaints, motion to transfer my case from district to superior court).

We now head back to District Court on July 21st and I am gearing up for it.  Anyone off that day is welcome to show up.  If anyone does come, sit in the gallery on the side opposite of law enforcement.  I have subpoenaed several Sheriff’s deputies and police officers and two magistrates to testify and none will like being there (smile).

I had some rather nice court victories last month.  Back in 2012 three teens stole my Chrysler Sebring Convertible, went joy riding to Granville Counting and coming back, were seen and chased by Wake Forest Police in Capital Blvd.  They wrecked and totaled my car, unknown to me for several months later, they racked up $488 in tolls.  NC Quick Pass tried making me pay it and I refused.  Then they added on processing fees and civil penalties and sent a collection agency after me in Dec 2016.  They even blocked my vehicle registration (which is moot because I’m still in jail).  That did it so I filed a petition for contested case hearing in the NC office of administrative hearings (OAH).  Long-to-short, I won the case last month.  I state spent well over $5,000 trying to force me to pay $488 plus $232.00 in penalties.  That is so irresponsible of them.

I filed a petition for appointment of new defense counsel in Durham Superior Court on Feb 6, 2017 but Durham Officials ignored it after I even made several inquiries about it.  In such cases a person can petition the NC Court of Appeals for what’s called a writ of mandamus to compel state actors to perform a duty owed to them.  I did it and the court of appeals granted me petition on June 26th and I went to court yesterday where a Judge remanded my sorry lawyer Woodrena Baker-Harnell, over the Asst. DA’s (Cynthia Kenney) objection and I now await the appointment of new counsel.  I also got a bond reduction petition filed and to be heard this month.  The AOA also offered me a plea deal for 23 to 30 months that I declined.  I’ve been in here 22 months on this illegal charge and I will fight it to the nth degree or until it is dismissed.

I also filed suit last month against the magistrate who issued the illegal warrant for my arrest.  The hearing against her is to be made public and should take place sometime in August.  The ADA is miffed about that, too.  I – DON’T – CARE!  They trample all over my rights but want me to practice stoicism and not complain.  That will never happen!

The jail’s new, overpaid administrator, Colonel Prignano is not worth the almost $100k he is paid.  He obviously knows nothing about how to effectively manage the jail’s mostly young populace.  I and others have written and tried talking to him about making the 6pm local news and 6:30 world news mandatory.  For some unexplained reason all TVs are turned off at 6:45 pm and we are locked into our ells for the night.  However, shift change is not until 8:00 pm.  It is so annoying to be watching the world news only to have the TVs turned off in the middle of it.  Prignano’s reply to us was: “I don’t care about the TVs.  They could take them out of the jail as far as I’m concerned.”  Really…?

A few years ago some really gung how law and order state legislators felt the prisons were too plush, too soft on crime.  They felt prisoners were being rewarded to be able to lift weights and watch color TVs.  So they contemplated introducing a bill to ban weights and TVs from all prisons.  That sparked a quick from prison administrators, who told the legislators they would resign if such an act became law.  Why?  Because prison administrators know that weights help burn off stress and overactive testosterone, and TVs is one of the most effective control devices in prisons.  Those legislators quickly demurred.  For Prignano to discard our request in such cavalier manner speaks to his lack of experience.  His position ought to be eliminated to start with.  Why would a jail of 550 people need a colonel making 97,800 a year plus a major and several captains all making over $70,000 a year?  It’s insane and is a waste of tax dollars.  One captain for each shift could effectively run the whole jail as is done in many jails statewide.  The Sheriff’s budget is overloaded…at the top!  Prignano is a mere puppet, good ole boy, who does whatever Notorious Andrews tells him to do.  I guess that’s why Andrews did not want to hire and administrator from outside his department.  All this cronyism is state and federal government just makes my stomach want to throw up!

The youth in here have nothing to do during lockback but yell back and forth to each other, bang on doors, table, sinks and windows while rapping, much to the dismay of their neighbors who are trying to read, think, or sleep.  They need educational outlets badly.  I’ve always heard that an idle mind is the devil’s workshop.  Prignano could care less.  He is in it for the paycheck and nothing else.  I hope the Durham Association of Educators, along with Alerta Migratoria and IOA will coalesce to pressure the Sheriff to bring in educational opportunities beside GED for these up to 24 years old.

A lot of Hispanics are bilingual.  Few US citizens speak any Spanish.  I would have love taking Spanish clases these past 22 months in here and several Hispanics would love taking English classes.

I will pass the word around and look for good candidates to correspond with members of the Durham Association of Educators.

I am able to use my GTL prepaid phone card to call you guys sometimes.  Is there a good contact # and time to call?

You all take care and continue the good fight.

Love in Christ,

K.O.

PS: I’ve heard other officers say that Ms. Officer Snipes informs certain jail officials the names of detainees who correspond with IOA.  Snipes is a trip.  She and officer Richmond open and read all incoming (and some outgoing) mail.  Neither are certified to do so.  They gossip to other staff about what they read, too.  Neither of them should be touching any mail as they are not certified!

“this for the Durham Association of Educators”

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Dear g______ ________

I’m doing alright thanks for asking, yes we are doing a creative writing class where we get to express ourselves in different kinds of ways.  Rap, poem, drawings, speeches, & a lot more.  Curtis Barnette [another detainee] started the class & we sign up for it.  We start at 12 or when the multi-purpose room ain’t at use & any action book or drawing book is good & a dictionary, too.  I like making great drawings so I’m like more tattoo drawings.

this for the Durham Association of Educators, & the union of public school teacher: thank you for focusing on our Education.  I’m still enrolled in my base school.  I was 17 when I got here, now I’m 18.  I’m up in here for a couple a months now.  The government should focus on building schools & jobs instead of making money for the jail, b/c this jail system is so crooked.  I’m here with no proof of me committing any crime of what they blaming me for – no weapon found, no evidence of any stolen goods, no witnesses.  I’ve been just waiting for my court dates & they cancel my court date every time its been scheduled.  My lawyer just once he came and see be.  I haven’t been to court at all.  The DAs lying on everything, the court appointed lawyers ain’t helping, to be honest.  Fuck Durham County Jail, they want me to feel down & plead guilty so they can make money off me.  You know what they chose the wrong person, b/c I’m staying strong.  I got into the word of God & he helps me to stay strong & for my family & loved ones who support me they can’t even come to visit me.  I only saw my mom 3 times & now they ain’t allowing her to come.  I’m against the video visitation.  So many young teens like my age die in this cells & they just say they committed suicide or natural cause.  It ain’t true.  The COs allow it to happen & if they ain’t do nothing about it that’s how they move up to new positions.  The canteen be ripping us off of our money, they don’t return our money when we order canteen & they don’t bring our canteen, & they act like they don’t know nothing.  Man shyt crazy.  I can’t even trust the law & I never did & never will.  I speak for all my latinos up in here.  I got a friend here & they don’t let him have any visit.  His family want to see him but they don’t allow him to have any visit, & when they feel they loosing our case they put a deportation order on my people with out having proof of anything.  We get crazy rash on our body b/c of the sope & our clothes are being washed with only water & we get rash from it & we get back pain from the bed they give us.  They treat us like a bunch of animals.  They hold us over years & trying to make us commit suicide & if you don’t have money you can’t get no medical attention or get the medication you need to live.  Shyt crazy man.  They block the phone sometimes so we can’t call anyone.  People are still here fighting o live & some lost their life fighting the system.  Thank you IOA for working on protest to help us students & anyone up in jail.  Thank you and god bless y’all.

 

Sincerely,

ghost z:.

“Its a vicious cycle where their goal is for you to lose everything you have”

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G___,

I received two letters from you on March 31st, one was dated February 11th and the second March 27th. So I think there may be some lag time with the mail. You asked if I had received the Human Relations Commission’s Report and I have not! The only thing I received in the mail are two written letters and both March and April “Feedback” booklets. There is no report anywhere to be found if it was sent. Though, I wouldn’t be surprised if it conveniently was lost by the mail inspection here.

As for your inquiry about any knowledge in regards to Uniece Fennell. There is none in 3D, no one knows a thing here and the officers are tight lipped as if it never happened. When I called home the day after the incident my family was asking about the death – And I had no clue about it at all. When I asked the officer in the pod about it he would not comment and wouldn’t even confirm that anything happened. I watched the local news that evening, there was no story about it there either and nobody gets the newspaper. The women’s pod is on the 5th floor, we are in the dark down here on the 3rd floor. Sorry I couldn’t be of any help this time.

Video visitation seems to be a hot topic lately. I heard that the jail was going to transition to it like Wake County but I didn’t realize it was happening NOW! A couple days in the past few weeks we have been prevented from coming out of our cells in the morning because they had someone working in the visitation room: They’ve already started installing metal mounts to house the video screen. It looks like they are progressing forward despite all the protests inside and out. The feedback booklet hits on a few critical points such as profiting GTL as well as the jail’s profit and how video visitation will dehumanize personal interactions. I want to point out how the District Attorney’s office will directly “profit” from it, too. Just like our phone calls I would think the video visits will be recorded. The district Attorney’s office has access to your phone calls and will now be able to pry into your visits. There is no privacy whatsoever. They read our mail, they record our phone calls, and now they will be keeping tabs on our visits. What would it be like if we had that privilege to listen to the prosecutors and DAs discussions and every phone call that they make. Invade their private interactions. Now that would be something. My point is that the deck is already stacked against you and anytime I speak my mind I have to worry whether or not what I say could be falsely used against me or perceived some other way. It’s ridiculous!

On to other topics! The food and ABL. It has been a roller coaster with them and there is no consistency. When they began in October, there was promise, but now I can see that was just a front. The first 3 weeks were good! A variety of fresh fruit including Bananas, green vegetables, including chopped cucumbers and tomatoes, good portion sizes, and no soy. Currently, the fruit we get is not ripe, heavily bruised, and tastes awful, easily finding its way into the trash container. We have not seen a banana since the first couple of weeks. We hardly get greens, nothing like we got the first few weeks even if we do. Lately the food has been so salty you can’t even eat it. The pancakes yesterday were hard as a rock. At this point I don’t know which company was worse, ARAMARK or ABL. There is absolutely no variety ether. You get the same meals every week multiple times a week. It’s getting old very quick. Honestly, at this point I hope the jail does not review ABL’s contract. What reviews I saw and the article about ABL in the newspaper raving about their good quality and healthier menu is a lie. My vote would be to kick them out too. Their quality and service has been declining since day 1.

I wrote last time about the DA’s office and the prosecutor threatening to obtain another search warrant after a judge has already noted significant misconduct by officers. Well they mangaged to get one, how, I have no clue. The only way is by lying and bad faith, which the DA’s office is notorious for so I’m not surprised. I just read an article in the newspaper on 3/31/17 quoting a supreme court judge. In summary it mentioned that the average person does not think the justice system within North Carolina is fair and a large percentage think the process is too slow. My follow up question to that would be to isolate Durham and see how it compares. My guess would be that Durham would be far worse. I sit here day after day watching how the system in Durham works and it is concerning. Most of the prosecutors are no better than Mike Nifong and Tracy Cline, maybe even worse. I swear they teach a class to these prosecutors on the best way to hide the truth, withhold evidence, and when all else fails keep them in jail and delay, delay, delay. Its a vicious cycle where their goal is for you to lose everything you have; whether its your job, house, car, marriage, etc. And once they’ve exhausted and beat you down by holding you in jail they wait until you give up. It’s just crazy to me and something needs to be done.

Oh, I want to give my thoughts on this jail with regards to Uniece Fennell. I don’t know what happened, but if it was suicide I don’t think that means the jail can wash their hands from liability. My understanding is that this jail was supposed to get more funding for mental health. Officers were supposed to get training on how to better handle mental health issues. If Uniece was troubled enough to harm herself, there were obvious signs that should have been caught. These officers don’t care about anyone in this jail and they are certainly not observant enough. Next, how does the jail provide the means for someone to commit suicide. This should not have happened and should not have even been possible. I’ve lived in these cells for 17 months, if she was able to be successful in her attempt – something was not right and something needs to change. You stress the hell out of people and then place them in a harsh environment. We already know that mental disorders are widely prevalent within the jail. It’s a shame that yet another person dies in this jail.

Alright! Thanks for the letters and Feedback! Looking forward to hear from you soon and any new updates!

– E.X.

Death to Imprisonment!

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Hello, my name is Brandon Sutton but my friends call me Sutton (Remember that name) and I’m an inmate who is currently on work release from this Zoo called Durham County Detention Center. I’m here incarcerated on a DWI charge, my third one actually. I was fortunate enough to hire a lawyer to reduce what could’ve been a 3 to 4 year sentence down to 8 months with a few other stipulations given once I’m released. I’m contacting you because they’re others like me currently serving time in here. Non-violent/ non-accidental prone offenders who have several DWI’s but didn’t have the means to afford an attorney so they settled for a Public Defender. Continue reading →

‘What a screwed-up system!’

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Thanks for your letter. I was surprised and glad to receive it. Please overlook my tardy reply…

I’ve heard some views about bail reform and I hope something positive comes about. These bonds are ridiculously high in Durham County. I just don’t get it. I was very happily surprised last month to hear I had a visitor (I don’t normally get them). I walked into the room and there was IOA member –. He asked me about the court date I had for the week of Feb. 6th, but I did not go. It turned out my lying lawyer again failed to file my motions to dismiss and to suppress in January as promised. Such motions are typically heard during the first full week of the month but must be filed during the previous month at least 5 working days in advance. Continue reading →

“There is a word for what they are doing, It’s called price-gouging.”

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____,

Thanks for checking in on me. It’s crazy to think an entire year has passed sitting in this jail! Nothing much has changed since the last time I wrote. At one point the jail was censuring my mail and refusing to give me certain letters, but those issues were straightened out a while ago after addressing the matter with Major Collins. It seems as if the Detention Officers sorting through mail were going about and beyond what they should have. The mail service here has really struck a nerve recently though. Apparently the jail ahs recognized several days as holidays that are not considered state holidays. As a result mail was not distributed or sent out for 6 days. This not only interfered with communication with family members over the holidays but also directly impeded our access to the courts. I know several individuals who prepared letters to be sent to the courthouse but that was halted until the Detention Officers felt like coming into work and doing their jobs. You are telling me that not a single officer in the entire jail could collect the mail and send it ot the post office in that 6 day time period? Come on!

I did catch the “Night Without Detensions” protest on the news where individuals shut down the entrance into the jail by shackling themselves together. I’m glad people on the outside have the courage to draw attention to the rights Detainees are supposed to have. I’m also glad to hear that the complaints written to the Human Relations Commission of Durham has pulled some weight which led to recommendations on improving the jail. I would definitely like to see what recommendations they have provided! I know that IOA has been aggressive with coordinating an independent investigation into the jail, especially since January, and I hope this is one step closer to reaching that goal. I’m sure a lot will be uncovered during the results of any investigation of this jail. Some of what I read is unfortunately exaggerated and I wish people would stick to the facts instead of falsely inflating petty matters, but there is some truth to everyone’s comments. Many things are wrong here that need to be fixed!

I’m also surpirsed the Human Relations Commission expressed concern about the private companies profiting so much from Detainees. There is a word for what they are doing, It’s called price-gouging. And unfortunately it’s not just the private companies fault, but the jail’s too. From what I understand ARAMARK has won the new contract for canteen/commissary, they aren’t going anywhere. However, the jail charges ARAMARK to sell their pdocuts here. Part of the reason prices on canteen are so high is to blaance out what the jail charges to even sell the items. We are a captive audience and have no choice but to pay these ridiculous prices on items and ARAMARK knows this. I don’t blama ARAMARK for trying to make money, but there really needs to be boundaries on how much they can inflate these prices!

As for the Human Relations Commission recommendation to abolish bail, seems a bit far fetched to me. I do agree that bail in Durham is excessive in many cases, to the point that not even a wealthy many could post bond. Simply, the point of bond and detention is to make sure you come to court. I would assume many people have all intentions of coming to court, but I know some, are going to flee any chance they get. For that reason part of me agrees with bond, but something that is reasonable at the very least. Of course everyone who is being detained is going to support the contention of abolishing bail. That would mean we wouldn’t be detained any longer. However, I know this jail brings in a lot of money to this city (over $21 million) and many jobs, all of which would suffer if bail was abolished. THe state and county would never let that happen.

I know IOA has wored very hard and has made substantial progress with the jail. What I would like to see is the same progress with the DA’s office. I have had the pleasure over the past year to witness a lot of questionable behavior come out of that office. And the Assistant District Attornies have perfected every under-handed trick in the book to delay, keep you from getting a bond reduction, add more charges months down the road to railroad you and further enhance your bond, mishand evidence, and did I mention they delay your case? I have heard the prosecutor make every excuse imaginable to continue or delay my case from “I was on vacation and need more time,” to “my child was sick and I haven’t had a chance to look at the case,” and my favorite “I want more time so I can offer a plea bargain he probably won’t accept.” But yet somehow they always are able to prevail and get a continuance to the next month, sometimes 2 months. With all that said, I’m hoping to mave on to trial soon. It only took 14+ months to get to this point. Oh, I forgot to mention I had a court hearing the first week of January, and yes, it was continued to February. I think this excuse tops them all. Over the past year my attornies have easily widdled away at the states case and 2 separate search warrants were found to be defective. Which translates to Durham police officers violating my 4th amendment rights and numerous North Carolina statutes repeatedly. Judges ruled in each instance police officers conducted an illegal search. At the court hearing in January, the prosecutor wanted a continuance so they could now go back and search the same place that they had illegally searched to begin with. This is or would be an illegal search again in an attempt to exploit information that a judge has already suppressed. Basically, the prosecutor asked for a continuance so they could conduct an illegal search! Crazy. But nothing surprises me here in Durham anymore. And they got the continuance, hopefully they think twice before acting though.

Alright that’s enough ranting – thanks for the letter and updates. I look forward to hearing from you again soon.

– ____

Jail Talk

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  1. 1st week of October, 23:55 in 3D: A detainee was hollering and kicking the door at minutes before midnight. About 10-12 officers rushed the detainee, and he was put in the chair.

2. Fri, 21st of Oct, about 15:00: Maintenance came into 3D and repaired some cell locks. There’s still some that are not working!! I hope they finish the rest of them. I still not notice 5 more cell doors not working! If power goes out–which it does–and there was a fire, or some other emergency, people in these cells would have no way out.

3. Oct 21 was officer Johnson’s last day over the library. She’s now working down in medical with the other sorry asses! Most everyone knows this b-tch. She really is. She doesn’t like men at all, and if you like to read on your 12 hours a day lock down, to get a book you used to have to go through her. No more!

4. on Oct 26, an employee with Aramark named Bull–not just any employee, the one who delivered canteen items–got fired for coming to work on drugs. The saying is the vice president came here and fired him! Interesting that this guy who did what the fuck he wanted for so long all of a sudden gets fired when the bid on the commissary contract is coming.

More Jail Talk…

  1. On Oct. 10, an inmate goes to superior court, where his name is called out and the lawyer’s name as well. The lawyer, Lisa Williams, confronts her client and asks who was he. And what was his charge? Note, the client has had Lisa Williams his entire jail stay, 8 months.

2. Around the 1st of Oct, again Lisa Williams was in court, and while there she went and talked to the judge, then announced to her client that she was no longer going to represent him, because of conflict of interest. What led up to this day was an ongoing conflict between Ms. Williams and the client over an assault charge he was wanting to plead guilty to as quickly as she could get him in front of a judge. Which she continued to avoid for more than two months.

–this is a way to update on what’s going on in a pod…

‘God only knows’

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Hello. I am well. I did get the books…I have a court date coming up on the 5th and I have no idea what is going to happen that day because I have not seen my lawyer in sometime. I hope all is well, but God only knows. I pray that it will be okay daily, but if you don’t have money to fight them you are at the mercy of the courts. And so I wait.

Thanks again.

H.R.