Feb. 22, 2024

Events of 1/4/24 to 1/8/24

by John Peana (author's profile)

Transcription

I spoke to Daniel Lambright, Esq. from NYCLU about here. He is going to look into things and see what he may be able to do to help. I also got the following reply from Alyssa Luley, Director of Risk Management on 01/04/2024. It said in part: "This is in response to various letters sent to this department pertaining to a multitude of concerns, for your convenience, the responses to such are listed below:

-Regarding your negative correspondence list, your treatment team is going to meet with you regarding this concern. Please note that some individuals may be on the resident's negative correspondence list because they requested to not have contact with the specific resident.

-You were placed on mail watch appropriately as you were found to be corresponding with a pen pal agency which is not permitted as per policy, you may request this policy (Resident Mail) through FOIL for more information.

-Your request to attend your family member's funeral was denied for safety and security reasons. Family funeral visits are generally reserved for immediate family members. I have been advised that you were permitted to attend this service virtually, my condolences on your loss.

-Regarding your concerns with Charlie Detar, this individual is noted to run a pen pal service. As you are aware, residents are not permitted to engage in pen pal services and therefore, this contact will not be permitted through phone or in writing.

-Your treatment team will be meeting with you further regarding your requested contact with Fred Berlin.

-You were noted to receive multiple photographs of underaged children/family members. I have been informed that you have recently opted out of treatment. As you are not in therapeutic treatment where you can discuss any concerns that may arise regarding the appropriate use of these pictures and given past history of misuse of photographs such as this, the treatment team does not feel it is appropriate for you to possess these pictures at this time. The photographs can be stored in your long-term storage for possible future receipt.

-The release of the information you signed for Kelly Harnett is being revisted. If this has been handed back to you, you may resubmit the form, of note, however, you personally disclose whatever information pertaining to your treatment of your volition to your approved contacts. A signed ROI will simply allow for your treatment team to confirm your admission here and incorporate your identified support if it's deemed appropriate to your care.

-All residents who wish to participate in programming are required to sign an informed consent indicating the groups they wish to engage in. If you have concerns with this, you may speak with your treatment team regarding your apprehension."

Then on 01/05/2024, the following happened:

1.) I sent 8 appeals to Danielle Tope, Executive Director that said under "Please provide the reason for your appeal":
a. "My "Action Requested" was not honored at all and the reply is insufficient. (Negative correspondence List)"
b. "I was not found to be corresponding with a pen-pal agency. If I was, how? Next, the policy does NOT say can't have a pen-pal ad or correspond with a pen-pal agency. If so, where? Lastly, per state and federal law policies are to be provided for each word. Tell me why I have to purchase a copy of the mail policy. Also, my "Action Requested" was not honored at all and the reply was insufficient. This is retaliation. (Mail Restriction)"
c. "Reply was insufficient, what was the "safety and security" reason? My "suggested solution to the concern," was not honored at all. (Funeral)"
d. My "Action Requested" was not honored at all and the reply is insufficient. Next, the policy says NOTHING about having a pen-pal ad or contacting someone who runs a pen-pal service. Lastly, Mr. Detar DOES NOT run a pen-pal service. This is retaliation. (Charlie Detar)."
e. "My 'Action Requested' was not honored at all and the reply is insufficient. (Dr. Berlin)"
f. "Reply is insufficient. The photos have nothing to do with treatment and were here for weeks prior to me not programming. This is an outright lie, I NEVER misused photos of anyone. This is retaliation. (Family Pictures)."
g. "This reply is insufficient as the release has not been accepted and a copy provided to me. (Kelly Harnett)"
h. "Reply is insufficient and my "Action Requested" was not honored at all. Next, the facility is mandated to provide me with treatment if I want it no matter if I sign a contract or not. I have no apprehension about programming. The court says you MUST provide me with the programming I want to take, so when will that happen? (Contract)."

2. I received replies from Dylan Fournier, Risk Management specialist that said in part:
a. "Risk management has received and reviewed your correspondence dated December 29th, 2023 regarding your LOP. Please be advised, your treatment team has been made aware of your concerns. The legal library is a part of dayroom privileging. You may continue your legal work in your dorm room for the remainder of your LOP."
b."Risk management has received and reviewed your correspondence dated December 29th, 2023 regarding staff. In a review of CCTV footage you were observed to insert yourself into a conversation staff was having with a peer. You then verbally threatened to harm staff, refused redirection, attempted to damage state property by slamming doors and throwing a chair, and disturbed the milieu of the living unit. The restriction does appear to be deserving in consideration of your inappropriate behavior. The restriction will not be removed at this time."

Then on 01/08/2024, the following happened:
1. I sent two appeals to Daniel Tope, Executive Director that said in part under "Please provide the reason for your appeal":
a. Reply is in violation of state and federal law. Access to the Law Library is a RIGHT NOT a privilege. I have multiple legal proceedings going on and need access to the Law Library. This is retaliation. (Law Library)"
b. "-Witness statement not even considered,
-did not insert self into conversation,
-never threatened harm to staff,
-staff got in my face,
-did not disturb milieu of the living unit as many residents will confirm,
-SCTA staff escalated situation and ignored ICPP,
-reply to objection is a falsification of the incident (14 day dayroom restriction)"

2. I sent risk management 3 "Objections to care and treatment" that said:
a. Under "description of problem":
"on the following dates I filled with risk management:

Date. Document. Issue
12/14/2023 Objection to care + treatment. Documents not in chart
12/25/2023 Concern form SCTA Santa Maria
12/26/2023 Letter. Pen-pal
12/27/2023 Objection to care + treatment. Family pictures

To date NO replies have been sent

Under "action Requested:"
"That all complaints/objections to care and treatment be replied to or I will be told why they won't in writing."

b. Under "Description of Problem":
"Over the past few months, I have been denied the following books with no written explanation why. They are:
-born this way,
-wild trail,
-Orchard Beach: The Bronx Rivera,
-Jay's Gay agenda
-The end of Eddy,
-Shattered by the Darkness,
-Free Falling,

Under "Action Requested":
"That I be told the specific reason (in detail) why I am not allowed to have each book. NOT a general answer. I want this in writing NOT verbally."

c. Under "Description of Problem":

"On 12/14/2023 I sent social worker Cordero "Release of Information" forms for:
1. Daniel Lambright, Esq.,
2. Lisa Laplace, Es1.

Then on 12/26/2023, I was informed they would not be accepted by Elaine Vuong, Psychologist, and Rafael Cordero, Social Worker."
Under "Action Requested":
"That the releases be accepted and copies of them be sent to me. If this won't be done I be told why in writing."

3. I sent Danielle Tope, Executive Director, George Kahler, Dir. of Operations, Aaron Shopp, Chief psychologist, Bud Ballinger, Dir. of Treatment services and Ken Paparella the following letter"

"Dear STARC Administration,

I am writing today to request a meeting with all of you at your earliest convenience to discuss multiple things about the facility/program. I am looking to have a respectful and informative conversation about:

1. LOP (Due process)
2. Yard/Rec.
3. Program Contracts
4. groups
5. privileges
6. policies, procedures, practices, rules
7. video/audio requests
8. complaint process
9. ICPP's
10. Building 39 vs. 41
11. phone contract/placement
12. tablets
13. respect/de-escalation
14. release IDs
15. vocational programs
16. law library
17. amendment violations
18. property

I ask that you, NOT risk management get back to me about this. IF a meeting will happen I'd like to know who will be there and I will send all involved a written layout of what want to speak about and why. Thank you for your time and patience with this all and I await your reply."
As you can see, things here are not getting better. Things for me are actually getting worse. I think that the facility is targeting me and retaliating against me for all I have posted. They would have nothing to worry about if they followed state law, federal law, and human rights laws. Instead of working to do the right thing they have decided to target me, punish me, retaliate against me, and violate my rights (state and federal). I am at a loss on what to do to stop their actions. How long can/will they be able to get away with their actions? I need help from people outside of here.

I am asking for financing assistance. Being that the facility has placed me on restriction, I lost my job. I am asking if you can spare a few dollars so that I can continue to get writing supplies including stamps, and place money on my phone so that I can continue to speak to lawyers, doctors, and my family he would be extremely thankful. You can send me money in two ways:

1. Cash app at
2. Money order made out to John Peana and snet to his facility at:

John Peana #277888
STARC-Oakview
9005 Old River Rd.
Marcy, NY 13403

If you can help it would be appreciated

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kallen21 Posted 1┬ámonth ago. ✓ Mailed 1┬ámonth ago   Favorite
Thanks for writing! I finished the transcription for your post.

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