diso2_1000x50

Prisoner gagged

First Amendment watch
By LANCE TAPLEY  |  May 2, 2007

I had not interviewed a prisoner for six months, since the Maine Department of Corrections wanted to impose unconstitutional restrictions: monitoring of interviews, prior approval of what I wrote, confiscation of information “not authorized.” These demands were made after my Phoenix stories on abuse of inmates at the Warren state prison.

Since October, the Phoenix, news media groups, and the Maine Civil Liberties Union have protested to Corrections, Governor John Baldacci, and Attorney General Steven Rowe over these demands. (See “Lockdown: What Do Prison Officials Have To Hide?,” December 15, 2006; “An Insult to Justice,” February 2; “Cracks in the Armor,” February 2, all by Lance Tapley; and “Corrections Department Obstructs Free Press,” March 16, by Jeff Inglis.)

But recently I thought the state might be backing off. Corrections commissioner Marty Magnusson said I could go into the prisons under the old rules, which had allowed virtually unhampered access to prisoners. The only difference, he said, was that a prison staffer would be present during an interview. I protested — I thought that under these circumstances a prisoner might fear retribution if he spoke freely — but I told him I’d “see how it works.”

My first interview was scheduled for April 27 at the Maine Correctional Center in Windham, with Rama Carty, 36, who is serving two years for drug trafficking. He had written me an articulate letter explaining how home confinement and the reinstatement of parole were solutions to prison overcrowding. I was impressed with one of his closing lines: “Being human means evolving towards the humane.”

We met in a tiny room with a ratty desk and cheap chairs. Carty was a stocky, handsome man of Haitian descent who had attended the University of Massachusetts and spoke three languages. Our monitor was Ken Sawyer, administrative assistant to the Windham superintendent, Scott Burnheimer — who had told me on the phone that his monitor wouldn’t interrupt us, a point I had emphasized in an e-mail to Magnusson.

“Why is he here?” Carty wanted to know right off about Sawyer. “I feel that my right to freedom of speech is encumbered.”

I told Carty I had protested Sawyer’s presence.

I began to ask about the condition of another Windham prisoner who had communicated with me.

“He can’t discuss other prisoners,” interrupted Sawyer. He repeated this when our conversation verged on other matters involving prison conditions.

Carty had wanted to discuss the post-conviction review his lawyer is preparing. But, he said nervously, “I really am not in a position to discuss it with you under the circumstances.”

He said he also felt restrained by Sawyer’s presence in talking about the overcrowding issue. He did say that overcrowding presented “no significant problem” at Windham.

He wanted “to reserve comment” on the Baldacci plan to ship 125 prisoners to a private Oklahoma prison (see “Prisoners as Commodities,” by Lance Tapley, April 27).

“This is really strange,” he said of Sawyer’s presence.

He added: “If the public were to have different information [on prison issues], the outcome would be different.”

Monitored interviews help assure that “different information” — different from the Corrections viewpoint — will be locked up like the prisoners.

Related: Are the prisons overcrowded?, Inmate sues prison officials in federal court, Prison madness explained, More more >
  Topics: This Just In , Criminal Sentencing and Punishment, Prisons, University of Massachusetts Amherst,  More more >
| More


Most Popular
ARTICLES BY LANCE TAPLEY
Share this entry with Delicious
  •   UNDERSTANDING THE COLBY COLLEGE PROTESTS  |  September 26, 2012
    As the first anniversary of Occupy approached, many journalists wrote its obituary, and some called it a failure.
  •   WHISTLE-BLOWER ASKS TO COME HOME  |  September 26, 2012
    In 2011 reform-minded Commissioner Joseph Ponte of the Maine Department of Corrections set up a formal process — apparently, rare in the United States — for prisoners transferred to out-of-state prison systems to apply to come home.
  •   15 REASONS THE EAST-WEST HIGHWAY WILL NEVER BE BUILT (PLUS A POLITICAL BONUS!)  |  September 06, 2012
    This past spring, out of the blue, Republican Governor Paul LePage and the GOP-controlled Maine Legislature funded a $300,000 study by the Maine Department of Transportation (MDOT) of the feasibility of a corporate-owned, toll superhighway across the middle of the state.
  •   SOLITARY CONFINEMENT: BAD FOR CHIMPS, OKAY FOR HUMANS?  |  August 22, 2012
    Maine Republican Senator Susan Collins is a key cosponsor of legislation that, among other provisions, would outlaw psychologically damaging solitary confinement for more than 500 chimpanzees caged for research in federally supported laboratories.
  •   BANKING SCANDAL TAINTS COLBY BOARD CHAIRMAN  |  July 11, 2012
    Colby College's public problems in recent years have mostly involved lowly students engaged in fighting, drinking, and sex abuse. But now the college has been hit by a big scandal at the very top.

 See all articles by: LANCE TAPLEY