Nancy Moran

Mr. Richard A. Lanham
Commissioner of Correction
6776 Reisterstown Road
Baltimore, Maryland 21215

Re: Jamie "Fonz", #163-###

Dear Mr. Lanham:

Jamie "Fonz" is an inmate who has been known to me for several years while he was housed at the House of Correction. He has written to me on the 16th of this month (and to you on the 11th) from Brockbridge regarding the outcome of an Administrative Remedy Proceeding for which he has also filed supplemental materials as additional evidence developed. As a result of the APR in question, I understand that he is scheduled to be returned to medium (MCIJ) in a very few days. The ostensible reason for the reversal in his progress originates with a "dirty urine" claim at BBCF from November 30, 1992.

Without going into an exhaustive rehash of his contentions (all of which he himself has reiterated by both argument and exhibit to all concerned), I would like to say that the inmate has presented and substantiated a convincing case, presenting, among other things:

• He was at the time of the "infraction" receiving the antibiotic amoxicillin, a prescription drug known to generate false positives on urinalysis. (If this is the case, his medical record should reflect that fact.) He has submitted to me a "News Bulletin" from Local 1427 of AFSCME listing amoxicillin as a "Positive" medication. I do not doubt the AFSCME tract in and of itself is inadmissible in an ordinary court of law, but it is in fact persuasive and certainly should merit acknowledgement and confirmation by the Hearing Officer, Mr. Corcoran and yourself in Division proceedings.

• At the minimum, DCRs 105-2 and 110-15 not to mention the Equal Protection and Due Process Clauses of the United States Constitution may or may not have been complied with by institutional staff. (Please refer to "Fonz"'s communications to you and Mr. Corcoran of the 11th of this month.) The inmate's statements of fact as well as his legal reasoning would also seem to indicate that members of your staff would benefit from a similar mastery of these fundamental Division principles of operation as this inmate has had to acquire subsequent to the charge.

• I would also call your attention to page 2 of the inmate's appeal to Mr. Corcoran dated December 8th and the appeal to you of December 7th. It is apparent that the legal reasoning set forth and caselaw cited probably apply to a great many other persons in the system and familiarity of same would be of value at the warden and headquarters level. Personally, in this case, I find it disconcerting that this level of legal expertise should be necessary on the part of an inmate to defend a claim of this nature. I am wondering whether inmates of lesser legal and writing skills have been similarly questionably adjudged as a result.

• Finally, and as a last point, I have found during a telephone conversation with the inmate that with regard to DCR 110-15.VI.3.e.1 (et seq.?) (i.e., the same person at the Control Center made all the notations on the Urinalysis Test Form), that the inmate has sent photocopies of the records to the Federal Bureau of Investigation (FBI) Crime Lab for analysis. I trust that the needless and costly intervention of outside agencies such as in this case should not be necessitated as routine now or in the future. Because the outcome of the urinalysis has and does result in reversal of security level and progress in the system, future litigation and other administrative burdens could be averted at a much earlier stage.

In summary, I am suggesting that the Division rereview the "Fonz" matter, order a new hearing, and make a de novo determination. In addition, it would be advantageous that the Division take steps to apprise staff and managers of the current state of caselaw, statute and regulations/directives. Lastly, the conduct and outcome of "dirty urines" should be seen in a larger context as the procedures and grounds for argument have ramifications beyond that of an individual inmate in a single point in time.

I look forward to hearing from you on the subsequent handling and outcome of this matter.

Sincerely,



Nancy Moran


nm
cc:
Mr. Jamie "Fonz" - #163-###
Prisoners Assistance Project, Legal Aid Bureau
Alan D. Eason, Esquire