Families of SOs Community Group
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Yeah ...i t gets worse. We have moved from denying him his hour out of his cell and outside period, waking him up at 12:35 am from a dead sleep asking him if he wants to go outside to nine refused chaplain visits and them opening his legal mail to this. His federal defender went today to see him for a face to face visit today and this would be their first visit since his arrest on January 27th. She was told the attorney room was being used and she asked if she could make an appointment for a future time and they said no it works on a first come first serve basis. they offered her a video visit, which of course is recorded. So she sat down at the video screen and told him she was denied because the room was in use and she told him what the penalties were for each of his charges and she said she would try to figure something out and maybe see him next week. she told him that she could not discuss any of the discovery or his case because they were on a recorded phone line.Then she just left. She was there 8 minutes. The detention center says they rent space to federal marshall inmates through a contract they have. So the marshall is the person to go to cause they have no jurisdiction over federal inmates who are "boarding there" . I did go to the federal marshall already and he doesn't care, his hate for my husband is plainly visible...NOW WHAT????
what the heck? write a letter, return receipt, to the AG of your state and state what is going on.
The whole first come first serve stuff, is unfair and BS, but in the legal system that is how things are done.
Both of you need to keep documenting as it will be your only evidence if the treatment continues and something legal comes of it.
The federal marshal isn't going to help you with the defense of your husband, but the public defender should be able to, depending on how swamped they are. Has your husband signed the release so you can discuss the case and details with you yet. That is very necessary and can be done either by mail or on a visit if you are able to go visit.
Will cannot be denied access to this attorney no matter where he is. If he is in segregation because of an infraction or in PC because of his status, or hell, if he was on death row, they could not deny him access to his attorney.
Now here is where it gets complicated. I am not positive that the access has to be face to face access. Some places get around it by asserting that an inmate has access if he can talk to the attorney on the phone or correspond with him in a letter.
All inmates have a right to legal visits, but the Sixth Amendment does not require full and unfettered contact between an inmate and his or her attorney in all circumstances. If the state denies a contact visit with a lawyer, however, it must provide a rationale.
Jails and prisons must also provide reasonable schedules for attorneys to see inmates.
This was decided in Mann vs Reynolds in the Tenth Circuit.
http://tinyurl.com/obj6q7p
The plaintiffs in this lawsuit against the state of Oklahoma and the Oklahoma DOC were death row inmates on H Block at the maximum security prison in McAlester.
Your husband is in a much lower security than the security on death row, so that should be even more reason not to prevent him from seeing his attorney.
Also your told me your husband was INVOLUNTARILY in this PC type cell and that he wanted to be in general population, but they refused. This is even more of a reason not to keep him from seeing his PD.
rewdiazepam
I know it seems like you are doing nothing but gather that kind of information is only going to help in the long run.
Hes not drawing attention to himself TRUST ME. He asks once a day to go outside and if hes told no he asks for a day room hour and sometimes they say yes and sometimes they say "let me check " and never come back to get him. When he gets commissary 3-4 days late he says nothing. When they knock on his cell at 12:42 am and wake him out of a dead sleep to ask if he wants to go outside he says no thank you, I would rather go when the sun is out. He is not a loud mouth or pushy or rude. Thanks for all the advice but I dont think anyone on here has obviously dealt with this particular situation. He is not in a county jail or a state prison or a federal prison. He is in a city jail in a small town run by "good ol boys" under a hold by the Federal marshalls who are renting space from the city of Henderson so he's a border at their facility. He doesn't even have an inmate number there. As I said he's stuck....pretty soon it wont matter that his attorney can get visits with him because there wont be anything left of him mentally to defend himself and he wont need a lawyer.
My then 19 y.o. son was innocent of cp and he went to federal prison for 30 months. He lived. And so will your husband.
It's his life now, this is something you'll need to get used to at this point. Sounds harsh? That's the reality.
Believe me MOST of the people here have gone thru this and more. But we deal with it in a different manner than you.