OPEN LETTER TO GOVERNOR CHARLIE D. BAKER

GREETINGS - MARCH 25, 2018

REPORT
JUDICIAL BRANCH
AND DEPARTMENT OF CORRECTION

Honorable Charles D. Baker
GOVERNOR
Office of the Governor
Commonwealth of Massachusetts
State House - Boston, MA 02133

Dear Governor Baker;

I am a prisoner at NCCI-GARDNER and I am anticipating that my privileged mail may not be reaching your office, but in a good spirit I am writing this letter in support of my prior correspondence and proposal.

I know that you will be re-elected, and in good faith, I am attempting to touch your conscience by correcting the Willie Horton political Fiasco and the Systematic structure that allowed it.

Enclosed you will find several documents as exhibits that support my claims, that the power of the Judicial Branch of the Government for the past 30 years has overpowered the other two Branches of the Government, with more than 230 Judges appointed for life, 14 elected District Attorneys, (one for each county), and 596 Assistant District Attorneys, which is double the amount of members of the Legislative and Executive Branches of the Government. Please read some of the incidents that have been affecting the status quo of those individuals who are representatives of the same Judicial Branch in question. [Exhibit-A].

I am hoping that you consider the idea of changing the process, by electing Judges with a five-year mandate and appoint the District Attorneys for the county that they are representing.

Your Excellency,

I was an active representative of the Republican Presidential Task Force and I was able to work toward electing potential Republican Candidates around the nation. I also played a role in obtaining a verbal public declaration of regret from the people who used the Willie Horton Campaign. It was recognized that those events had a racial motivation of an African American raping a white woman during the Presidential election, when there were other serious events involved on that same frame of time;

Please note that the political correctness of the Willie Horton Presidential Campaign did in fact affect the Massachusetts Department of Corrections (DOC), regardless of the public apology that was given by the Chairman of the National Republican Party, Mr. Lee Atwater, prior to his death. That apology was accepted by the cord of the Republican Party Members.

[From Exhibit B - through - F, you can confirm my claims and efforts to address those issues of concern].

Governor Baker,

As you recall, when you were working for the Weld administration, the Department of Correction (DOC) moved from Human Services to Public Safety, the words "REHABILITATION" disappeared from the political language, replaced by the new context of "CARE AND CUSTODY". The Governor at that time ignore my plea because I was a prisoner and he never recognized me as a legitimate member of the Presidential Task Force operating from inside the prison.

[Exhibit-G] will further explain the SYSTEMIC structure that began in gang activities and racial riots that gave rise to the multiple gang culture linked into inner cities and increased the drive-by shootings. - While at the prison system the prison administrators allowed the identification of individual gang members as (STG)., And continue to do so as of today without creating specific programs where those same individuals can clear themselves out, in particular when we don't have enough institutional jobs for the entire prison population.

It is very important to reflect the reality on those matters, maybe half of the jobs are accommodated at a very low pay scale of $0.50, $1.00, $1.50 or $2.00 per day, half of that money can't be touched because of the institutional policy on saving accounts.

The SYSTEMIC problems were further complicated when the state closed the mental health clinic/facilities between 1993-1995. When the prison population increased at a rate of 500 to 600 new arrivals, by 2008 the influx of inmates who pleaded guilty (or) found guilty increased between 600 and 700, these new numbers began on 12/18/06 and 3/20/07. This estimation was made based on inmates I.D. numbers every 3-months and does not reflect those other individuals who are coming on Parole Violations and re-entry into the state prison under the 52A.

Your Excellency,

The influx of new arrivals was partially reduced at the present time to the numbers of the 1990's of 500 to 600 every 3 months. (research is limited because I am a prisoner).

CONCLUSION
While you are looking at other official papers, please consider the following information as serious SYSTEMIC problems that need repair.

1. Nepotism or group of families in correction who have created power plays as obstacles of investigation. It is also important to mention that over the years I also met family members working in Corrections and for the most part they are coming to do a job and leaving the facility. But you have to identify those families who are creating obstruction of justice and cover-ups for abuse and corruption.

2. Correctional Program Officers (CPO) who are working for the (D.O.C.) and have a dual job as victim advocates that played a role of promoting laws based on crime that is taking place in the street or inside the prison. There is a victim advocate office in place that can independently operate and function by voicing their concern without the assistance of the (CPO).

3. Guard-Union members who are playing a role in manipulating in cliques and other forms of cover-ups for wrong doing while on duty.

4. (Exhibit-H) Is part of the REPORT FROM THE COMMISSION ON SAFETY AND ABUSE IN AMERICAN PRISONS, where one of the witnesses was Katheleen M. Dennehy who was the former Commissioner of Correction. (Upon your request, I will send you a copy of that REPORT.)

5. Appointing friends to higher positions who are looking at the prison system as a business industry.

6. Review new policies being created effecting the visiting proceedings and without a public hearing - Including mailing money to use which must be sent to a company is Missouri! - The Missouri Company will in turn send the money to us.

I am hoping that this information will help you to make Prison Reforms and changes in the Judicial System, just like the cleaning operation of making good examples at the State Police Headquarters.

The final aspect for consideration is the Legal Department for the (DOC) who has been very successful in winning 90% of the CIVIL COMPLAINTS in Court by using technicalities against inmates who are filing legitimate civil complaints. They also have been doing legal manuevering to cover-up for correctional staff in wrong doing while on duty.

Respectfully yours,

[signature]
Luis D. Perez W33937
NCCI - GARDNER
500 Colony Rd., P.O. Box 466
Gardner, Massachusetts 01440-0466
http/betweenthebars.org./blog_350/luis-d-perez

CC: File [IMS:251/3]

THE BOSTON GLOBE THURSDAY, FEBRUARY
2/5/48

YVONNE ABRAHAM

It matters who the DA is

Maybe district attorney in Massachusetts are utterly unassailable.
Year after year, they cruise to reelecting without even a hint of an opponent: A whopping eight of the state's 11 top prosecutors faced no one in their most recent elections. Most will run unopposed this year too.
Suffolk DA Dan Conley hasn't had an opponent since he first ran in 2002. Ditto DA Jonathan Blodgett, in Salem. There hasn't been a contested DA race in the Berkshire, Bristol, or Middle districts since 2006; though Worcester's Joseph Early Jr. has a challenger this year.
What gives? Are they all so brilliant at their jobs that nobody, including voters, believes someone else could do it better?
Not quite. It turns out voters don't pay much attention to district attorneys. In fact, in a survey for the American Civil Liberties Union of Massachusetts last year, more than half of respondents said they believed individual DAs had a minor, or no, impact on how the justice system runs. Almost 40 percent didn't even know chief prosecutors are elected.
That's disturbing. Prosecutors have a massive say in how the system operates. They choose how hard to go after somebody and when to go easy. They decide the charges that are brought against those accused of crimes and what punishments to request of a judge. Many times, there's no judge or jury involved at all: Nationally, over 90 percent of felony cases are dispatched via plea deals, and, in too many of those negotiations, district attorneys hold all of the cards, especially when defendants can't afford a decent defense.
They also shape policy. Last year, nine Massachusetts prosecutors blasted a state Senate bill designed to reduce the number of people swept up into the criminal justice system. They opposed eliminating mandatory minimum sentences for certain drug crimes, which reformers on both sides of the aisle say are a relic of the failed war on drugs.
They opposed raising the age at which people are charged with all but the most serious crimes from 18 to 19. And they pushed back against changing the law that makes having sex with anyone under 16 a criminal act so that consensual sex between teens close in age would no longer be prosecuted. They were often wrong, but their words carry great weight on Beacon Hill.
If you think the criminal justice system is too kind to those accused of crimes, or if you think it is unfair to people of color and the poor, then it matters deeply who you DA is. If you believe we're sending too few people to prison, or too many, it matters who your DA is.
For example, Cape and Islands DA Michael O'Keefe seems pretty satisfied with the number of people incarcerated in Massachusetts.
"There are places in the world where their penalties...are much more draconian than incarceration," O'Keefe said at a legislative hearing in 2015. "For example....They cut off the hands of people who deal drugs in certain parts of the world."
If this logic pleases you, O'Keefe is your man. However, if you feel our standards should be higher than "at least we don't sever appendages," you might want to vote him out. Although you could be out of luck this year: So far, he hasn't drawn an opponent.
Perhaps, if you live down that way, Plymouth DA Timothy Cruz is your perfect prosecutor. For that to be the case, you would have to be fine with the fact that Cruz declined to bring charges against the corrections officers involved in the death of a young schizophrenic man named Joshua Messier at Bridgewater State Hospital, a decision that was overruled by a special prosecutor. If not, you're probably stuck with Cruz, since nobody has yet declared against him, either.
Even the best prosecutors ought to answer to somebody. To that end, the ACLU has launched a campaign to raise awareness of the state's district attorneys, assess their effectiveness, and push voters to take a hard look at them this election year.
These 11 people have the power to change thousands of lives, for better and for worse. Isn't it time we started paying closer attention to them?

Globe columnist Yvonne Abraham can be reached at yvonne.abraham@globe.com.

EXHIBIT A

District Court judge subject of federal su...

A former speciality court clinician said she endured months of forced ..al encounters with District Court Thomas Estes filed a federal ... against Estes and Behavioural Health Network on Jan. 22, alleging she was subjected to sex discrimination and a hostile work environment under Title VII.
After being appointed to preside over the Pittsfield Drug Court in the summer of 2016, Estes approved the hiring of the plaintiff, Tammy Cagle, as the court's first speciality court clinician.
The first of a series of alleged sexual encounters between Cagle and Estes occurred on Nov. 16, 2016, on the first night of a two-day Drug Court conference attended by the entire team.
Despite agreeing over the phone that they would never engage in sexual conduct again, about a week later Estes allegedly invited the plaintiff into his chambers in Belchertown and, after she arrived, closed the window blinds and shut and locked the door, telling her he wanted to "continue what they had started" on Nov. 16. She would eventually be forced to perform oral sex, the complaint alleges.
The scenario would repeat itself "more than 10 times" in the months that followed, with Estes allegedly calling Cagle to arrange private meetings in his Belchertown District Court chambers.
Cagle alleges a pattern of conduct at work, whereby Estes acted coldly toward her at Drug Court staff meetings and during the Drug Court sessions whenever she suggested stopping their sexual relationship, but validated her opinions in team meetings and defended her treatment decisions to other team members if she obliged his sexual requests.
Cagle was reassigned from Drug Court and eventually quit Behavioral Health Network and moved to Georgia, though Estes continued to receive sexual favors from her, according to the complaint.
As of August 2017, Estes was removed from his position as chief of Belchertown District Court and reassigned to "administrative duties" in Holyoke.

Court Vacancies

PROBATE & FAMILY COURT
Barnstable
Deadline: March 6
Associate judge

Visit www.mass.gov and www.mad.uscourts.gov for the complete policies on the application processes.

Prosecutor charged with drunken driving

Worcester assistant district attorney pulled over on I-290 with teen daughter in passenger seat

By Brad Petrishen
Telegra & Gazette Staff

WORCESTER - A prosecutor in the Worcester district attorney's office has been suspended without pay after he was arrested and charged with drunken driving on Interstate 290 with his teenage daughter in the car.
State police charged Assistant District Attorney John A. O'Leary with drunken driving after he allegedly drove erratically on Interstate 290 and resisted arrest.
A spokesperson for the district attorney's office said Mr. O'Leary has been suspended without pay until further notice and his case transferred to the Hampden County district attorney's office.

See O'LEARY, A8

O'LEARY

From Page A1

Mr. O'Leary is a white-collar crimes investigator who has been with the DA's office since 2007, the spokesperson said.
Documents in Westboro District Court say that Trooper Gregory Zanni saw Mr. O'Leary's Audi A6 around 7:40 p.m. Monday after a motorist following him reported he was driving erratically on I-290 west between exits 25 and 24 in Shrewsbury.
Trooper Zanni said he saw the Audi aggressively swerving outside the right lane into the breakdown lane, almost hitting the guardrail, and crossing into the center lane multiple times.
Trooper Zanni said he activated his cruiser's lights but that the driver, instead of stopping immediately, took the ramp at Exit 23B and stopped in the middle of the ramp.
He said he had to use his PA system to direct the man to drive off the ramp and pull over on Route 140 after traffic started building up.
The trooper said he smelled alcohol when he approached the vehicle and that Mr. O'Leary, 48, had "extremely red, glassy and bloodshot eyes."
In the passenger seat was a person identified later in the report as Mr. O'Leary's 13-year-old daughter.
Trooper Zanni said that when he asked Mr. O'Leary for his license, the man stared at him blankly and "slowly began to stutter, 'It's in my left hand.'
Trooper Zanni said there was nothing in Mr. O'Leary's hands, however.
Trooper Zanni said Mr. O'Leary eventually handed over his license after fumbling to retrieve it from his pocket.
Trooper Zanni said he asked Mr. O'Leary how much he had to drink, and the driver responded, "None, I don't drink."
Mr. O'Leary consented to, and failed, sobriety tests, Trooper Zanni said, noting the man only stared at him when asked to complete a nine-step walk-and-turn test.
Trooper Zanni said he placed him in handcuffs, at which point Mr. O'Leary "made spontaneous utterances that he was a prosecutor in the district attorney's office in Worcester."
The trooper said Mr. O'Leary would not cooperate with him as he tried to put him in his cruiser. He said he ended up pushing him inside and lifting his legs as Mr. O'Leary offered "physical resistance."
Trooper Zanni said Mr. O'Leary's daughter made arrangements to be taken home to Bolton.
Trooper Zanni said Mr. O'Leary was uncooperative during booking at the state police barracks in Holden. Mr O'Leary refused to sign acknowledgement he had been read his Miranda rights, the trooper said, and instead began "taunting" him by pretending to not hear the questions asked.
With assistance from Trooper Ryan Sceviour, the booking process was completed, Trooper Zanni wrote. Mr. O'Leary told police he had been driving his daughter to a dance class in Boylston.
"At 9:40 p.m., O'Leary passed out sitting upright in the booking room chair and was audibly snoring," Trooper Zanni wrote. "O'Leary was placed on $40 bail, however upon being released, O'Leary once again became argumentative and refused to sign the property release form and argued about the whereabouts of his license."
Trooper Zanni said he told Mr. O'Leary that he was seizing his driver's license. It was not clear from the trooper's report whether Mr. O'Leary took a breathalyzer test.
Trooper Zanni concluded his report by noting he filed a "51A" report with the state Department of Children and Families regarding child endangerment.
Mr. O'Leary, of 114 Fox Run Road, Bolton, is charged with drunken driving, child endangerment while driving under the influence of alcohol, resisting arrest, disorderly conduct and negligent driving. He was also cited for a marked lanes violation.
A message left with Mr. O'Leary's defense lawyer, James J. Gribouski, was not returned Tuesday.
According to online state records, Mr. O'Leary earns $94,500 per year.

Contact Brad Petrishen at brad.petrishen@telegram.com. Follow him on Twitter @BPetrishenTG.

EXHIBIT B

The Commonwealth of Massachusetts
Executive Office of Human Services
One Ashburton Place, Room 1109
Boston, Massachusetts 02108

MICHAEL S. DUKAKIS
GOVERNOR

PHILIP W. JOHNSTON
SECRETARY

October 2, 1987

Luis Perez
NCCI-Gardner
PO Box 466
Gardner, MA 01440

Dear Mr. Perez:

Governor Dukakis has asked me to reply to your recent letter concerning your observations on the Massachusetts correctional system.

I have read your letter with interest. It appears that you have given your ideas a great deal of thought and consideration. Unfortunately, however, many of your proposals would be very difficult to implement at this time. Nevertheless, I will keep your suggestions on file for future consideration should the need arise.

Thank you for writing.

Sincerely,

[signature]
James D. Circo
Assistant Secretary
for Criminal Justice

JDC/mr

cc: Commissioner Michael V. Fair
Superintendent James Bender

EXHIBIT C

THE WHITE HOUSE
WASHINGTON

March 19, 1990

Dear Mr. Perez:

On behalf of the President, I would like to thank you for your recent letter concerning the 1990 Massachusetts elections.

This year promises to be an exciting election year in Massachusetts and across the country. In many races, a nominee of the Republican Party has not been chosen. Because the President serves as the titular head of the Republican Party, he does not wish to intervene in state party matters.

Thank you for your continued support of the Republican Party and please feel free to contact me if I can be of any future assistance.

Best wishes,

[signature]

James R. Wray
Deputy Assistant to the President and
Director, Office of Political Affairs

Mr. Luis Perez
Post Office Box 466
Gardner, Massachusetts 01440

EXHIBIT D

The Commonwealth of Massachusetts
Executive Office of Human Services
One Ashburton Place, Room 1109
Boston, Massachusetts 02108

MICHAEL S. DUKAKIS
GOVERNOR

PHILIP W. JOHNSTON
SECRETARY

July 28, 1988

Luis D. Perez
Rep. Presidential Task Force
Gardner Chapter 101095
P.O. Box 466
Gardner, MA 01440

Dear Mr. Perez:

Thank you for your recent letter concerning the Department of Correction's furlough program. I appreciate your interest in improving the quality of life for inmates serving life sentences.

As you are aware, both Governor Dukakis and Secretary Johnston felt strongly about the overall value of the furlough program. Since the passage of the Correctional Reform Act in 1972, the Commonwealth has recognized that public safety is best served if a prisoner is gradually prepared for a return to the community. This changed last year, however, when a furloughed inmate escaped, fled the state, and terrorized a young couple.

The escape and tragic incident that followed raised legitimate concerns and sparked public debate as to whether inmates with life sentences should be allowed furloughs. In response, Governor Dukakis ordered the suspension of the program pending a 90 day review by his Anti-Crime Council.

The Governor's Statewide Anti-Crime Council is a coordinated law enforcement effort which includes key cabinet secretaries and agency heads, sheriffs, police chiefs, prosecutors, judges, legislators, victim advocates and defense attorneys. In their March meeting on furloughs, concern was raised that the policy to allow furloughs for first degree lifers could be at odds with our efforts to develop consistent and accountable sentencing practices. Because of this, Governor Dukakis instructed the Department of Correction (DOC) to continue the suspension of furloughs for first degree lifers. He further instructed DOC to review institutional programs available to inmates with life sentences to ensure that they would continue to have the opportunity to demonstrate responsibility and maintain community ties.

In April, 1988, the Massachusetts Legislature passed a bill which eliminated the furlough program for inmates serving a sentence for life in the first degree. The measure was overwhelmingly approved by the House and the Senate, and signed into law by the Governor.

In your letter you expressed concern for first degree lifers who have worked hard to build institutional records and are stable members of the prison population. We share the belief that these individuals should continue to have the opportunity to demonstrate accountability and keep family and community ties. Because of this, Governor Dukakis has instructed DOC to develop and implement programs specifically directed toward the needs of inmates serving life sentences.

I hope this letter addresses your concerns. I appreciate your thoughts, comments, and interest in improving the quality of life for inmates in the Commonwealth's correctional system.

Sincerely,

[signature]

Amy Singer
Acting Assistant Secretary
for Criminal Justice

AS/ds

The Commonwealth of Massachusetts
Executive Office of Human Services
Department of Correction
Leverett Saltonstall Building, Government Center
100 Cambridge Street, Boston, 02202
January 15, 1988

Michael V. Fair Commissioner

Mr. Luis Perez
NCCI-Gardner
P.O. Box 466
Gardner, MA 01440

Dear Mr. Perez:

This is to acknowledge receipt of your correspondence addressed to Governor Michael Dukakis. Your letter has been referred to my office for reply. In your letter you discuss the transfer of men serving sentences of first degree life to higher security.

Your letter essentially consists of words of support to the Governor regarding him making his own decision on whether or not to sign a bill that will ban furloughs for first degree lifers and not bowing to public pressure.

Thank you for expressing your thoughts on the subject. I will be happy to keep your letter on file.

Sincerely,

[signature]
Michael V. Fair
Commissioner

MVF/mtb
cc: Central File

EXHIBIT E

THE WHITE HOUSE
WASHINGTON

September 30, 1991

Dear Mr. Perez:

Thank you for your recent letter regarding the 1992 elections.

I appreciate you forwarding a copy of your report on the Massachusetts Prison System and sharing your insights.

Your continued support of the President and the Republican Party is very much appreciated.

Sincerely,

[signature]
David M. Carney
Special Assistant to the President
Director to the office of Political Affairs

Luis Perez
Chapel Street
P.O. Box 466
Gardner, MA 01440

EXHIBIT F

INAUGURATION OF PRESIDENT AND VICE PRESIDENT

The Committee for
the 51st American Presidential Inaugural
requests the presence of

Mr. Luis Perez

to attend and participate in the Inauguration of

George Herbert Walker Bush

as President of the United States of America
and

James Danforth Quayle

as Vice President of the United States of America
on Friday the twentieth of January
one thousand nine hundred and eighty nine
in the City of Washington

National Republican Senatorial Committee
Presidential Commission
To all who shall see this Commission
Know that reposing special trust and confidence
in the commitment and integrity of

Mr. Luis Perez

this National Republican Senatorial Committee Presidential Commission
is conferred in recognition of ceaseless dedication and unstinting support in gaining
a Republican Senate Majority

George Bush
President

Phil Gramm
Chairman

August 7, 1992

Washington, D.C.

EXHIBIT G

The Commonwealth of Massachusetts
Executive Office of Public Safety
Department of Correction
Leverett Saltonstall Building, Government Center
100 Cambridge Street, Boston, Mass. 02202
(617) 727-3300

William F. Weld
Governor

Larry E. DuBois
Commissioner

Michael T. Maloney
Deputy Commissioner

January 26, 1995

Luis Perez
W-33937
MCI-Shirley Medium
PO Box 1218
Shirley, MA 01464

Inmate Perez:

Your letter to Governor Weld has been referred to my office for response.

You are correct in stating that the problem of crime in American is multi faceted and complex. To ignore the connection between "the prison sub culture" and crimes in the street would indeed hamstring any efforts in that area.

As you may be aware, the Department of Correction is implementing new and innovative approaches to substance abuse, anger and violence reduction and sex offender treatment, to name just a few. It is the Department's hope that the approaches will do much in reducing the effects that the prison sub-culture has on those offenders that are released.

Thank you for writing, your views are appreciated and will remain on file.

[signature]
John C. Beaton
Communications Manager
Commissioner's Office

cc: File.a:\eopscorr\perez

BOSTON SUNDAY HERALD, JULY 5, 1992
* THE GANG ISSUE STARTED ON THIS INCIDENT (NEED EXPLANATION)

Melee breaks out at Walpole

By RALPH RANALLI

17 inmates, 1 guard hurt in disturbance

Seventeen Walpole state prison inmates and a guard were injured when a melee broke out in the prison's exercise yard yesterday, correction official said.
At least 75 inmates were involved in the 9:20 a.m. disturbance, including several who managed to climb to the roof of a prison building just outside the prison yard, state Department of Correction spokeswoman Robin Bavaro said.
Order was restored by a "tactical team" of specially trained correction officers.
"The incident lasted about two hours," Bavaro said late yesterday. "The institution is presently locked down and will remain locked down until (officials) evaluate the situation."
Bavaro said the cause of the fight was "undetermined," but sources said it may have been caused by tension between African-American and Hispanic inmates.
None of the 797 inmates at the prison are double-bunked, she said, and overcrowding "was not a factor."
Two of the 17 inmates injured were hospitalized, Bavaro said, but their condition and location were not available. Their injuries were not deemed life-threatening, however.
The other injured inmates were treated at the prison's health services center, she said. One correction officer also received "minor injuries" during the melee.
Most of the injuries stemming from the fighting were caused by rocks either thrown or wielded as weapons, Bavaro said.
The correction officers in the yard when the melee first broke out "backed out" and waited for reinforcements, following proper prison procedures, she said.
The inmates who climbed to the roof of one of the buildings were quickly taken into custody by correction officers, she said, and "at no point were they a threat to institution and the public."