AN OPEN LETTER TO NAOKA CAREY
CONCERNING

JUVENILES SERVING LIFE WITHOUT PAROLE
*AFTER*
"Diatchenko v. District Attorney"
*******

Due to one of the numerous and consistent failures at MCI Shirley (ShirleyWorld) we are unable to find the correct address of Attorney Naoka Carey who worked for "Citizens of Juvenile Justice". As such we are forced to choose the remedy of posting this "OPEN LETTER" to Attorney Carey.

I ask that the readers of my blog please see to it that this letter finds it's way to Attorney Carey.

END THE "MADNESS" IN MASSACHUSETTS

FREE THE JUVENILE OFFENDERS

FREE SOCIETY OF THE BURDEN OF HATRED!

Offered by:

Timothy J. Muise
Coordinator
Steering Committee
CURE-ARM, Inc.

CURE-ARM, INC.
Timothy J. Muise
Steering Committee Coordinator

September 1, 2014

Naoka Carey
Attorney at Law
Citizens for Juvenile Justice LEGAL MAIL
101 Tremont Street
Suite 1000
Boston, MA 02108

Re: MILLER Vs. ALABAMA and CURRENT STATE OF JUVENILE JUSTICE

Dear Attorney Carey,

I am currently the Steering Committee Coordinator for CURE-ARM, Inc., and have been asked to reach out to you to express our groups opinion about how the juvenile justice issue, after Miller v. Alabama, is taking a wrong turn here in Massachusetts.

Diatchenko v. District Attorney does not go far enough in protecting the Massachusetts juvenile lifers, both first and second degree, under the fact that hey have NEVER been evaluated by licensed clinical professional, as required by law in the Commonwealth, but have in fact been "evaluated" by DOC employees and Parole Board employees who are NOT licensed and CANNOT make accurate rehabilitation assessments.

The decision that just came down in Commonwealth v. Bryce Noonan, 2014 Mass. Super. LEXIS 95, Opinion No. 127473, creates all kinds of bad law, and I believe this is the result of the case devoid of the solid argument that neither the Parole Board nor the Department of Correction use "licensed" rehabilitation counselors, such as LICSW's, who's work is peer reviewed and done under accredited licensing standards. Most lawyers have neglected to include this in their arguments, as well as, and possibly more importantly, have neglected to mention that in this fine state ALL prisoners have the RIGHT to rehabilitation; a state created right under G.L. c. 124, S 1 )(e). The lack of this argument is killing us in the courts. Your organization must bring this argument to the forefront.

Further, in cases of extreme cruelty and atrocity, deliberate premeditation, and felony murder, how can a "juvenile brain" be expected to formulate, understand, cognate, and apply the mental state and elements of these legal theories if the Miller court rules they cannot even comprehend "consequences"? No juvenile, or any defendant under the age of 22, should be held accountable under those theories and in fact the mitigation of the Miller court accepted "Brain Science" would devoid any possibility of applying those theories to such offenders.

Your organization must take the lead in the court of public opinion, as well as in the courts of law, on these topics, as CPS, PLS, and the Children's Law Center have thus far fallen short; I make this plea of you today.

I work closely with two (2) juvenile offenders who fall under the Miller court findings. I also work closely with two (2) juvenile offenders who pled guilty to "second degree" murder in order to avoid the now unconstitutional sentence of life without parole for juveniles. They would like to meet with you, to share stories, and as all are members of the American Veterans In Prison group here, we could do it under the auspices of that forum. Please let me know.

CURE-ARM want to work with you and your group. You have contacted me back in 2009 when I was on the Board of Directors of the Lifers' Group, Inc., at MCI Norfolk. You were impressed with a piece I had appear I the newsletter of the National Lawyers Guild, Mass Dissent. I just had another piece appear (on the topic of Miller v. Alabama) in the September 2014 issue of Mass Dissent and would ask you to review it at: www.nglmass.org, or email NLG Massachusetts Director Urszula Masny-Latos for a copy at: nglmass@igc.org. You should also be aware of the other work we are involved with. You can find out at the following electronic addresses:

https://www.facebook.com/curearminc
https://www.facebook.com/BreadandWaterPrisoners
https://betweenthebars.org/blogs/101/

Thank you for your time and anticipated willingness to work with CURE-ARM, Inc. As co-founder and Steering Committee Coordinator I have full authority to present our position(s) and do so in urgency and true dedication. My hopes will be to hear back from you very soon. I am,

Very Sincerely Yours,

Timothy J. Muise, #W66927
MCI Shirley
P.O. Box 1218
Shirley, MA 01464-1218
tmuise63@gmail.com

Cc: file
enclosure