Saturday, 7 September 2013
THE PEOPLE’S TASK FORCE TO FREE THE WRONGFULLY CONVICTED
THE PEOPLE’S TASK FORCE TO FREE THE WRONGFULLY CONVICTED
16234 Whitcomb
Detroit, Michigan 48235
(313) 272-1406
September 6, 2013
Mr. Scott Yokom
Departmental Specialist
Warden’s Office
Ionia Correctional Facility
1576 W. Bluewater Highway
Ionia, MI 48846
Re: Appeal of Mail Interception Notice
Affected Inmate: Davontae Sanford, #684070
Dear Mr. Yokom:
I received your September 3, 2013 letter in response to my request for an appeal of your facility’s decision to reject a news article I sent to prisoner Davontae Sanford (MDOC #684070). In your letter you indicate that because Mr. Sanford chose not to request a hearing on the decision to intercept my mail, his decision “ends the appeal/redress process.”
I reviewed the relevant policy directive at issue and it does not contain any language specifically stating that a sender’s right to appeal a mail rejection decision is moot or “ends” if a prisoner chooses to waive his right to a hearing on that decision. In fact, PD 05.03.118(YY) talks about the sender’s right to appeal being absolute, and not contingent on anything. The way the rule is written, my right to appeal was not dependent on whether Mr. Sanford exercised his right to a hearing. Thus, I fail to understand your ability to write into the policy directive a contingent that simply is not there.
In any event, while I continue to disagree with the decision to intercept the mail for the reasons stated in my August 20, 2013 letter, because I do not want Mr. Sanford to be deprived of news regarding the posture of his appeals, I will be sure not to send him anything containing defendant Vincent Smothers’ picture or inmate number on it and will resend the news article with Smothers’ picture redacted so that it conforms with your policy directive.
Sincerely,
Roberto Guzman
Senior Legal Assistant
c:Sanford/mail rejection/letter2
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