Letter to the Editor: Legal Mail at Correctional Facility

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Thanksgiving Day, a.m. my ex-son-in-law, Richard Brian Collum, Offender #19667, Aspen 106B, CUCF, Brian as I know him was able to call and get through to me. I asked him to clarify concerning his allegation that legal mail, a letter was confiscated.

Brian explained to me that Oct. 9th, 2018, the woman corrections officer in charge of legal mail came to outside his cell. She handed through the slot a form for having received legal mail. Brian signed the form and passed this back through to her. Standing outside the cell she then proceeded to open the legal mail and go through it. There were three parts, two were case law and the third was a letter directed to Brian from the UDOC contracted attorney Angerhofer. Brian reiterated to me that when she saw the letter she said that he couldn’t have that and proceeded to confiscate the letter from the legal mail she was delivering to him.

When Deputy Warden Blood angrily came to Brian about this, Brian could not readily produce his “receipt – yellow copy”. Mr. Blood then went to the bubble and found where there had been a digital copy scanned in. This digital copy that you reference would have been signed by Brian. It was after his having signed the form that the mail was opened (in his presence) then the letter removed.

I am advising him, through him going to get a copy of this email to you, to receive the form, watch the legal mail being gone through and then receive the legal mail intact, complete to then sign and return the form back.

If there should be any problem with this going forward then we will address this further.

Brian reported that this, the removal of legal mail at CUCF has occurred to several other inmates. Other inmates have Corrections Officers read through legal mail to inmates before handing delivering the legal mail. At face value this is a violation of attorney-client privileged communication.

Brian also reported that an inmate, and he named the individual to me , received three legal mailings from the ACLU asking him to fill out the enclosed (complaint) form. The form was being removed each time the mail was being delivered.

Brian reported to me that Legal Mail at Draper would be late. As much as a week late as the Corrections Officer delivering Legal Mail would not come to the UCI worksite Sometimes Legal Mail would be delivered opened having been previously opened and gone through.

I remember a couple of years ago Brian received Legal Mail from a judge in the 3rd district court dismissing his case for nonresponse, not having heard from him. I phoned into the USPO a complaint concerning this Legal Mail from Judge Su Chon, 3rd Dist. Ct. SLC not being delivered to Brian at USP-Draper. Brian filed a Level I grievance and the following day the original letter from J. Su Chon was delivered to him some 45 days late.

I will continue to contact others concerning these egregious practices.

Thank you,

Jim Darter
Spring Glen, Utah

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