Spring 2017 UPDATE on DOC misusing Act 355/inmates think Money scam

Much is happening here and FFUP nor litigators can keep up with mail. FFUP will have a newsletter out again soon.
For now, here is update:

I. RGCI inmates submitted an injunction. Here is case info for lookup:
2017IP000018/04-13-2017/ Dane/ Marcus J Kerby XRE vs. Jon Litscher

If it wins it will help all. Here is Litigator, writer's latest statement:

INJUNCTION’S IN. WHAT NOW?

Suggestion from injunction writer

Here is the explanation you seek for the newsletter. First off, a legal action, such as an injunction, seeks to stop a specific act of the DOC. It is initially a "temporary" situation. The court looks to the body of the petition to determine if we have raised sufficient facts to get it to order a temporary injunction. It then schedules a hearing at which all evidence is put forth, arguments made and the court then decides whether to make the injunction permanent or to end it.

Now, here is where it gets a bit complicated. In order to get that injunction, I alleged that the DOC enacted a policy called 309.45.02 that is in direct conflict with State laws. Now, the injunction is sought pursuant to 813.02 Wisconsin Statutes. However, because I am challenging the validity of 309.45.02, the court must construe 309.45. 02, as a DOC rule, which calls into the equation, 227.40, Wis. Stats. which is a Declaratory Judgment. This DJ is required by the statute, the legal procedural rules for challenging a rule of the DOC. So, in the injunction, I quote declaratory judgment as part of our legal action, combining an 813.02 and 227.40 proceeding since both are in play.

 Its complex. However, if we prevail, it will make the DOC stop taking everyone’s money etc. That is why I said everyone needs to relax and let this legal action progress to its end to see what happens. EVERYONE, TAKE A CHILL PILL!!!!! ha ... ha.

In the declaratory judgment portion, you will see I named those entities that have to be notified, i.e, the joint committee for administrative rule review, the Attorney General and the DOC Secretary. These people all had to be served with a summons and petition, by the Dane County Sheriff. 42.00 per person served! The filing fee is 129.50. Its all coming out of the release account.
We never know how a court will act. It should obey the law and if it does, we will win this legal action. In your john doe, the court said the inmates could file certioraris. That is true. HOWEVER, any decision on certiorari will only apply to that individual inmate that filed it. Certiorari is the worst way to go. Declaratory judgment is legally required. We allege 309.45.02 is in conflict with Stat-law-
 and that law is 973.045, 973.05, 973.06,.and 301.32. We do not make any challenge to 2015 Wis. Act 355. This act is not retroactive and thusly does not effect anyone sentenced prior to July 31, 2016. That 309.45.02 policy is being applied illegally. 50% deductions across the board. Act 355 does not say it is retroactive so there is no valid reason to attack it. That 50% language all stems from 309.45.02 and the DOC has taken to citing 301.32 as its guiding light. That is stupidity on their part. 301.32 only got amended to allow 'restitution" to be paid by the inmates. 301.32 does not do anything else.

The DOC could legally take 50% from new inmates sentenced after 7-31-16. It chose to take it from everyone, which would make 355 a retroactive act. But, since it isn't, the DOC is abusing its authority. As usual. This should answer all questions. No need for anyone to file anything right now. Its being done.
Randall Mataya 86187, RGCI
Here is above statement in PDF form:

https://ffupstuff.files.wordpress.com/2017/04/randall-mataya-inj-explanation-for-blog-4-26-171.pdfHere is above statement in PDF form: https://ffupstuff.files.wordpress.com/2017/04/randall-mataya-inj-explanation-for-blog-4-26-171.pdf

II . FFUP's John Doe was submitted in February and was dismissed mid April. With it was 22 complaints by prisoners. Tony Merriweather has submitted and template for appeal but this is untenable as FFUP is overwhelmed and the injunction is the better route. 

Here is court dismissal document /https://ffupstuff.files.wordpress.com/2017/04/dane-court-dismissal-4-8-17.pdf

WHAT was submitted last month to the Dane County Court . The John Doe motion was written by Nate Lindell.

John Doe request-https://ffupstuff.files.wordpress.com/2017/02/nate-lindel-full-case-jd-typed.pdf- 

exhibits 1 and 2: https://ffupstuff.files.wordpress.com/2017/02/nate-lindell-exhibits-for-court1.pdf 
                             https://ffupstuff.files.wordpress.com/2017/02/nate-lindell-exhibits-for-court2.pdf

22 inmate complaints: https://ffupstuff.files.wordpress.com/2017/02/scroll-down-9-cases.pdf    

                                       https://ffupstuff.files.wordpress.com/2017/02/1-a-scroll-down-11-cases.pdf


                                       https://ffupstuff.files.wordpress.com/2017/02/1a-r-j-jones-jdwhole-case1.pdf


template for individual actions recently submitted/ https://ffupstuff.files.wordpress.com/2017/04/t-merr-letter-4-20-17-for-newsletter-all.pdf


Finally , here is the template for an injunction Submitted to FFUP just as spring newsletter was mailed out- Now that the injunction is files for all, it is still good for study.
injunction template


Newsletter spring 2017/Next one- update, coming mid May


FOR other LATEST FFUP ACTIONS on other issues GO HERE:

http://solitarytorture.blogspot.com

   

A start- two people that need release now to start the healing.

IF These are granted. FFUP and others can spread the word and there will be  many more applications

1)REQUEST FOR pardon/commutation of Sentence ( template for others)

Kamau TZ Damali ( Raynell Morgan) asks for a commutation of sentence/pardon. He is seriously mentally ill -hearing voices, feeling bugs crawling on him, noises in his head and inability to eat prison food – mostly caused mostly by his 14 yrs in isolation. Since being in general, his symptoms have not improved and he needs to be home and free to go outside into the sun.  His application to Evers is below, along with several examples of his writings.

https://casesprison.files.wordpress.com/2018/12/kamau-FFUP-to-Evers-Commutation.pdf

https://casesprison.files.wordpress.com/2018/12/raynell-Morgan-story-EVERS.pdf

https://casesprison.files.wordpress.com/2018/12/Its-time-to-stand-up.pdf

https://casesprison.files.wordpress.com/2018/12/Kamau-A-Word-to-the-people.pdf

https://casesprison.files.wordpress.com/2018/12/psychology-of-the-N-Word.pdf

https://casesprison.files.wordpress.com/2018/12/When-a-Black-Man-Kills-Another-Black-Man.pdf

https://casesprison.files.wordpress.com/2018/12/14-principals-R-Morgan.pdf

2)Request for Deportation ( this is a template for others)

Below,  Lene Cespedes Torres

 Lene was 17 when incarcerated and has always claimed innocence- he came on the Mariel boatlift and hardly knew English when he was tried and sentenced.  The judge ordered he be deported when released and this is what Lene asks for- the time is now- he has been in 25 years.  Here is his application to President Trump. He got no response

https://casesprison.files.wordpress.com/2018/12/FFUP-to-Trump-7-25-18.pdf

https://casesprison.files.wordpress.com/2018/12/Lene-Cepedes-Torres-App-for-deportation.pdf

https://casesprison.files.wordpress.com/2018/12/LC-torres-crt-transcript-1981.pdf

https://casesprison.files.wordpress.com/2018/12/L-C-Torres-birth-certificate.pdf

https://casesprison.files.wordpress.com/2018/12/FFUP-to-Trump-7-25-18.pdf

 https://casesprison.files.wordpress.com/2018/12/FFUP-to-Trump-7-25-18.pdf

Resources and follow-up articles

NEW :go to our new Second Chance Blog for downloadable legal materials and handbooks that you can send your loved ones in prison :

http://secondchancewi.blogspot.com/p/resources-for.html

COMPASSIONATE RELEASE application for three OLD LAW PRISONERS

  This application was presented to the media and the public by WISDOM at their December 10th event and Paper copies were sent to Parole commission, wardens and others. Download or view PDF copies below

           Summary of issues regarding Compassionate release and  look at the three  Applicants

          20 page application , including supporting data

We hope with this effort to forge a real path for release both by securing the release of specific groups of prisoners and by educating the public on just how wasteful on lives and money or present policies are.

More about the applicants
RON SCHILLING
Blog of writings ( Ron has multiply degrees garnered when there were PELL grants in prison)

videos of some of his songs-he is a fine guitarist and song writer

 (goes to general site, write in Ron Schilling)

                                     start with a specific song and go on from there

                                                              

http://terranceshaw.blogspot.com/

Terrance Shaw Blog

   

     

Two studies that need our attention:    
 AT AMERICAS EXPENSE< THE MASS INCARCERATION OF THE ELDERLY

               2012 study by ACLU

AT AMERICAS EXPENSE< THE MASS INCARCERATION OF THE ELDERLY

               2012 study by ACLU/ click to view in PDF file

     OLD IN PRISON< 2012 study by Human Rights Watch



 OLD IN PRISON< 2012 study by Human Rights Watch/click to view in PDF file




Abuse in WCI seg AND PAROLE Actions

A little seg History: ABUSE by Guards at Waupun Correctional Institution (WCI) seg unit revealed in Wisconsin Watch report :

PART 1 : Waupun Guards accused of abusing dozens of inmates

Part 2: Waupun Guard named repeatedly in abuse complaints

Part 3: wisconsin rethinks solitary confinement

 

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Finally there is a real chance to get the nearly three thousand parole eligible prisoners home. These are men and women who were sentenced before truth -in sentencing became law in 2000, before the big prison boom and deluge of federal money that made it profitable to stop parole and hold these eligible prisoners as long as possible.

FOR HISTORY OF THIS MESS
View FFUP May 2014 report on mechanism of parole, history and one simple way to get parole rules changed

Below are some of our old blog posts that explain the mechanics of the present corrupted system . IN 1994 there were approximately 4000 prisoners released on parole. IN 2013, there were 150 Now that is stuck. Remember, these are all mature adults, having been in prison at least 14 years. They are needed  back home. There is no law keeping them in prison.

http://paroleprimer.blogspot.com/2008/08/how-of-no-parole-tommy-thompsons-secret.html

http://paroleprimer.blogspot.com/2013/07/the-catch-22s-of-no-parole-well.html

http://freeronschilling.blogspot.com/2006/05/parole-fiasco-primer.html

HELP ON THE SCENE=WISDOM and Second chance

Now we have help- big help from the interfaith coalition WISDOM> their well organized 11X15 campaign will help us again strike a balance between punishment and rehabilitation.

 FFUP , of course , is part of this effort, joining in the wisdom phone conferences and specifically with our SECOND CHANCE group -This is  families and friends of prisoners meeting weekly by phone conference aiding in grassroot organizing an supporting each other. .


 Here are some links to find out more.
WISDOM press release demanding that the governor UNSTICK PAROLE-
 (also at the bottom of this post)


How you can help and get to know these old law prisoners by blog

BLOG OF PROFILES OF WISCONSIN'S OLD LAW PRISONERS IN PROGRESS

download  and pass out our petition

Sign our online petition

WRITE THE GOVERNOR!! tell him you support a second chance for  old law prisoners.!

Governor Scott Walker

PO Box 7863

Madison, WI 53707

governor@wisconsin.gov

Download and print our sample letter to governor


Call or email to help or learn more:
contact SECOND CHANCE: 29631 Wild Rose Drive; Blue River, WI 53518; 608-536-3993; pgswan3@yahoo.com

Contact WISDOM: 3195 S. Superior St. Suite 310, Milwaukee, WI 53207;

414.831.2070; wisdomwi@sbcglobal.net; web: www.prayforjusticeinwi,org

BELOW IS WISDOM'S FEBRUARY PRESS RELEASE:

in PDF format

                                 

 FOR IMMEDIATE RELEASE

February 9, 2014

WISDOM Calls on Governor Walker to Act NOW

to Fix a Broken, Unjust and Wasteful Parole System

2,887 men and women in the Wisconsin prison system are, as a matter of law, eligible for parole.  Governor Walker and the Department of Corrections confirmed this as the number of people still in our prisons who were sentenced prior to January 1, 2000.  The cost to keep these people in prison, most of them past the date they could be released, is estimated at more than $85 million per year.  But, parole is now only rarely granted.  According to the Legislative Fiscal Bureau in 2011-12 only 150 paroles were granted (in contrast to 1651 granted in 2004).

All of these 2,887 prisoners have been in prison for more than thirteen years.  Many have been there for fifteen, twenty, or more years and have done everything possible to comply with the conditions for their release, yet have encountered a system that makes their release impossible.

The 2,887 were sentenced to prison at a time when judges trusted the Parole Board to determine when people convicted of crime, after having served a significant amount of time, could safely return to the community.

The system has broken faith with the judges who imposed the sentences, with the men and women who serve the sentences, and with their families. It has also broken faith with the taxpayers of Wisconsin.

On December 17, 2013, members of the WISDOM 11x15 Campaign met with Governor Walker’s representative, and were promised answers to four requests by the end of January, 2014.  Those requests were:
            1. For a report of the number of prisoners currently in Wisconsin institutions who were sentenced prior to 1/1/2000 (when parole was part of the sentence);
            2.  For the Governor to order the Parole Board and the Department of Corrections to work cooperatively to make parole possible for all prisoners who were meeting the conditions and expectations placed on them by their judges;
            3.  For the Governor to order a review of each of the cases of parole-eligible inmates before the end of 2014;
            4.  For the Governor to appoint an independent 3^rd party “ombudsman” to conduct a thorough review of the system as it pertains to this population, and to issue a public report.

While we are grateful to have received a partial answer to the first request, we are very disappointed not to receive a considered response to numbers 2, 3 or 4.

The 11x15 campaign is not asking for the immediate release of all 2,887 prisoners at this time, and is not even calling for the release of any specific prisoners.  We do call for an immediate, transparent, and complete review of a system that seems to have broken down. 

Rev. Joseph Ellwanger of Milwaukee said, “While very little real data seems to have been kept, we know of many inmates who have completed every bit of required programming, and more, yet are denied parole.  We have heard of other instances when the parole board has required certain programming as a condition for release, and the inmate has not been given the opportunity to complete that programming.  We have seen inexplicable reports from the parole board that extoll exemplary conduct and effort by the inmate, and still simply deny parole.  We have heard “insufficient time served” given as a reason to deny parole, even for prisoners who are many years beyond the date they were eligible.  Something is wrong, and thousands of people suffer for it every day the state chooses not to act to correct it.”

WISDOM calls on the Governor of Wisconsin to use his authority to fix the system that keeps so many of these 2,887 prisoners locked up far beyond the necessary time, at great costs to the prisoners, to their families and to the taxpayers of Wisconsin.

For more information, please contact David Liners at 414-736-2099, or david.liners1@gmail.com

The “11x15 Campaign for Safer, Healthier Communities” has grown from a call by members of the faith community for the state of Wisconsin to take action to cut the prison population in half (to 11,000) by the end of 2015.  The campaign has called for an increased commitment to alternatives to incarceration for people with mental health and/or addiction issues.  It is working for removal of barriers to success for those returning from jail or prison, so recidivism rates can be reduced.  And, it is working to call attention to the need for reform of an outdated sentencing structure.  The 11x15 campaign is a project of WISDOM, the network of congregation-based organizations throughout the state.  The campaign has been supported by thousands of individuals and dozens of groups and organizations.

___________________________________________________________________________

If you are interested in being right there with the action and like grassroots work, Join SECOND CHANCE- a new group that meets by phone conference. Email me if you want to learn more about SECOND CHANCE.

Right now it is families and friends of prisoners but all are invited. We will be educating the public with petitions and pamphlets, radio interviews and everything we can think of. We will challenge the constant demonization of prisoners teach compassion and forgiveness . We will see that the public is educated on old law issues, that they understand that people change. FFUP at 608-
CALL FFUP at 608-536-3993 to join or for more info. We meet by free phone conference weekly.