Makueepayee D. Whitford
I wish the world could read this letter so that they could know this:- Price gouging
- Advocacy
- Solitary confinement
- Program Creation
- Legal work from the inside
- Retaliation/abuse of the disciplinary system
- Addressing Racism
- Addressing Innocent/wrongful conviction claims
- Addressing class inequities
- Inadequate law libraries and legal resources
- Seeking a bridge/advocate between inside/out
Makueepayee D. Whitford
transcription
Dear Jhody Polk...
 Team Member-
 Hello, I just got done reading
 the recent Jailhouse Lawyer Initiative
 Newsletter. I've got to say I'm very
 excited about this.
 Additionally, I wanted to personally
 thank you For your dedication and
 service to both human rights and
 Jail-House Lawyers around the country.
 Stay strong out there, keep your
 head up, and by all means advance
 the cause.
 I might be in prison but if there
 is anything I can do to be of assistance
 please call upon me at any time and
 I will do my best to answer the call.
 This human rights Movement is my
 life calling.
 I would really like to be partnered
 with some intellectuals in this area
 of law so that I can correspond
 with and learn more about the
 true intracacies of activism, law,
 and actual litigation as a pro se
 litigant.
 Again thank you sincerely from
 the bottom of my heart and have
 Faith.
 [REDACTED]
 Good speed
 Dear Tyler Walton ...
 Team Member
 Hello. I just got done reading the
 recent Jailhouse Lawyer Initiative
 Newsletter. You guys are doing a
 great job. I'm loving this new Modual
 thing. Keep them coming.
 Also, I want to personally thank
 you for your dedication and
 support. No lie Man. Don't let nothing
 get you down brother. You are a
 true warrior.
 I'm 41 years old and been doing time
 For over half my life, but you know
 what...l've found my true calling and
 that is Fighting for Human Rights.
 when they take everything away,
 that's all you have left. They can
 only take those if I let em.
 I'm really interested in writing
 to someone or some people on an intellectual
 tip concerning human rights, the law,
 and litigating as a pro se litigant.
 The older I get, the more philosophical
 I get from reading all this case law.
 I'd like to pick some true litigants
 brains, even some professors or scholars.
 If I can do anything you let me
 know. I may be in prison but I'd truely
 like to be involved in some activism,
 legal activities, or anything to help
 the cause.
 Dear [REDACTED] ..
 Team Member -
 Hello. I just got love reading
 the recent Jailhouse lawyers I
 nitiative Newsletter. I really have
 enjoyed this newsletter and the
 Moduals that you guys are putting
 out.
 I wanted to write to each of
 the team members and introduce
 Myself as well as thank each
 and everyone of you personally.
 So, thank you very much for your
 dedication and support to this
 project.
 I've done alot of time and finally
 Found that human rights is my
 true and official calling. Maybe
 because in the end that is all I
 really have left and if I am going
 to keep them, than I need to fight
 For them. I also emphasize with my
 Fellow prisoners who can't fight for
 their own rights.
 I'd really like to get into contact
 with some scholars and intellectuals
 whom I can learn More from
 concerning this subject matter. The
 law fascinates me. I want to learn
 how to litigate prose, but I also love
 discussing the finer points.
 God Speed
 Dear [REDACTED]
 Team Member
 Helloo I just got done sending
 the recent Jailhouse Lawyer Initiative
 Newsletter. I'm loving it and the
 Modules you guys are making.
 I see your working on a FOIA
 lesson. That is one of my
 More Knowledgable subject so you might
 find it interesting that here in
 Montana inmates (From what I can tell
 so far) are no longer allowed to make
 public disclosure requests under state
 law. This has been on My mind and
 I think it May very well be an
 unconstitutional public disclosure law.
 something that I'm seriously thinking
 of challenging.
 However, wrote to thank you
 personally for your dedication and
 support of Jailhouse lawyers and
 Human Rights.
 I am very interested in corresponding
 with people on an intellectual tip,
 learning more about the law, and
 how to litigate as a Pro se litigant.
 As an American Indian from the
 Blackfeet Nation, human rights is
 close to my heart because of the
 genocide of my people and the
 continued discrimination. Thanks
 again, Truely.
 God Speed
 Dear [REDACTED]...
 Team Member
 Hello. I just got done reading your
 guys recent Jailhouse Lawyer Initiative
 Newsletter. It was a nice surprise.
 Boy, I'm enjoying your guys names.
 I thought my name was exotic. Lol
 Mine is Native American ... Matiwiyopii
 it means old Man Wolf in english.
 Anyway, I am writing to personally
 thank each and every one of
 you on the team. You are all
 doing such a great job. Thank
 you for your support and dedication
 in human rights and with Jailhouse
 Lawyers, keep your head up and
 remember that sometimes that
 is all we have to fight for.
 I am 41 yrs old and it has taken
 me this long to realize that my
 true calling in life is human
 rights. I once had other dreams
 but in the end this is what I
 got stuck with and it has not
 only defined me but my future and
 who I am as a human being.
 I would of never known had I
 not come to prison and spent
 over half my life behind these
 bars.
 Call on me any time. I'd really
 like to get to know some activists,
 intellectuals, and scholars.
 Godspeed
 Words from Inside
 "I seen My first cell from the
 inside at the age of 8 yes olds. I spent
 My time in the juvinile system
 learning how to keep a spotless cell,
 how to stand in line, and how to
 eat at a table with other rambunctious
 juviniles. I started my first adult
 term in the department of corrections
 realizing that my whole childhood was
 spent programing me for an adult prison
 system. Only four years of My adult
 life was spent on the streets, but I'm
 proud of it. I became a straight A college
 student, made the who's who of American
 university's and colleges, and even got a
 Coca Cola scholarship. I came back to
 prison after defending myself at a house
 party and killing someone. My dreams
 shattered. I started a 50 year sentence
 with 25 years Mandatory to serve. Basic
 25 to Life. Human Rights is all l've
 got left and I guard them and other
 Fellow prisoners rights with my life. It
 is my true calling."
 Makueeyapee D. Whitford
 [REDACTED]
Makueepayee D. Whitford
transcription
MAKUEEYAPEE D. WHITFORD
 [REDACTED]
 Jailhouse Lawyers Initiative
 PO BOX 2516
 Alachua, FL 32616
 Hey, I really would like
 to get more involved with
 you guys. Is there anyone
 way out here in Montana
 that would be willing to work with me?
 I consider Myself a Jail House
 Lawyer and even though I
 am Fighting my First [REDACTED] in the us
 District Court, For the District
 of Montana, [REDACTED], I've
 been taking notes for over
 20 yrs. I got basically 25-to-Life
 and I'm busy trying to challenge
 My criminal case on self-defense
 grounds.
 I'd like copies of all the
 toolkits that you guys have
 and the Jailhouse Lawyers Hand-
 book. I bought a Legal Dictionary
 and the Prisoners Self- Help Litigation
 Manual, they came up missing.
 These guys are pretty
 Currupt. They tried to have me
 screened to be sent out of
 state because of my so called
 infraction history and behavior.
 what they don't show is the
 is all of the grievances that
 I have put in and the paper
 trail of civil rights violations
 that I have also seemed to accu-
 mulate.
 If you was to take out my
 infraction history and lay it
 next to my civil rights paper trail,
 My paper trail would out do the
 infractions. Any day.
 They've put me on grievance
 restriction and they blantantly
 violate peoples due process.
 Last year on January 1st, 2020
 HB 763 (now codified as 53-30-701
 to 225) went into effect. it focuses
 specifically on the Step-Down
 Program and Restrictive Housing
 (i.e., solitary confinement).
 I used my status as a Public
 Law 280 prisoner (basically an Indian
 reservation inmate) domiciled on
 the Blackfeet Indian Reservation
 and the RLUIPA to battle them
 and their idea of sending
 me out.
 I've tried to use non-violent
 techniques and civil disobedience
 as a tool to combat the injust-
 ices that I see but also use
 the grievance system, and
 now the court system.
 I stay in contact with the
 ACLU of Montana, Disabilities
 Rights Montana, and the
 Innocence Project of Montana
 in order to keep these guys at
 arms length. I also stay in
 contact with Solitary Watch.
 It is hard. Alot of the inmates
 don't understand what I am
 doing, but the prison sure seems
 to get it and they don't like
 it.
 They have wrote me up for
 assaulting corrections officers
 so Many times its unbelievable, but
 not one co was hurt physically.
 However, I got scars from wrist
 and ankle restraints and nerve
 damage from it.
 I never knew that it was true
 what they say about retaliation
 against those of us who choose
 to stand our ground when it comes
 to our civil rights till I
 became a true activist. Now
 I Feel like it is my calling.
 I don't do it because of
 anything else but my heart.
 Not for prestige. Not to get
 noticed.
 I do it because I'm tired of
 it. I hate this system. It has
 destroyed my life. I pled guilty
 to all of My crimes except
 this last one. A Deliberate
 Homicide, that ain't even a
 Deliberate Homicide, It was
 self-defense and to say the
 least the Mitigation was out
 of this world. so, it ain't
 that I haven't taken accounta-
 bility for the things I've done
 wrong.
 I got out of prison in 2008
 after completing 10yrs. I began
 to go to college, became an
 honor student, was on the
 deans list, recognized by who's
 who of American colleges and
 Universities, was a straight A
 student, slated to become the
 2013 student of the year, got
 a Coca cola scholorship and
 everything.
 I was just about to beat
 the statistics. And bam ...
 I get smacked in the Face
 by the Montana State
 criminal justice system.
 After being on the streets
 For four years, I was sitting
 in an unknown county
 Facing a Murder charge for
 being at a roudy party
 where some guys tried to
 jump me. Montana boast
 a Stand Your Ground Law,
 but not For me.
 It hurts to be hurt by
 the system that is suppose
 to protect you. Because of
 what I suspect was tunnel
 vision and a biased because
 of a botched Robbery that
 I did at 18yrs old and that
 I payed the time in full for
 I got screwed.
 Am I angry? Yep. And now
 I am standing My Ground
 in prison. I figure that if
 this is what I am born to do,
 then lets do it. life is too
 short and I ain't going to
 waste Mine. There is no time
 like now.
 My American Indian upbringing
 tells me not to live for Myself,
 but to live for the 7th Gener-
 ation.
 I think about my children
 their children, My great-grand
 children. Do I want them to
 be doing time in a prison
 system like this? Hell No.
 My life is gone. It's ruined.
 But, theirs hasn't even began.
 Here in Montana, when I'm
 doing time, I look around at
 My Native brothers and I feel
 like that Indian in a Canoe
 seeing all the garbage of the
 Future with a tear falling
 From his eyes.
 I did 10 yrs in washington
 State. The Native brothers there
 get an annual powwow, they
 get whole eagles, they can
 make dance outfits for their
 shorties, etc, etc. etc. When I
 was there learning about the
 law, I thought our religious
 rights were being violated.
 Boy did I have an awaken-
 ing when I saw MSP for the
 First time. when I read history
 books and they talk about
 how the US outlawed all of
 the ceremonies and stuff ...
 Yeah... we are still stuck in
 that ara. cowboys and Indians.
 white and Indian is what
 you see out here in prison.
 Not like washington where you
 see the whole rainbow of Blacks,
 Whites, Mexicans, Indians,
 Asians, Islanders, etc. All you
 got here are white and Indian.
 And in the State Prison, it is
 staffed by all white while the
 Natives Make up 25% of the
 total incarcerated. Kinda wierd
 when you realize that not
 even 1% of Indians live off
 of the 8 different Indian Res-
 ervations here in Montana, so,
 I hear Indian Lives Matter, each
 time I hear Black Lives Matter.
 That's Red Power to Black Power
 and back again.
 Montana needs help, our
 prisoners rights organizations are
 Zilch to none. American Indian
 volunteers for spirituality is non-
 existent. I'll fight to the death
 if I have to, that's what warriors
 do. This is our Rual Struggle.
 Feb 12Th 2021 -After I'll write again ..
 MAKUEEYAPEE D. WHITFORD
 [REDACTED]
 P. S. Hey you guys
 are welcome to
 use and reuse any and everything ,
 I write.
 Rual Montana
 The Montana State Prison
 (MSP) system is small in
 comparison to other states.
 It is the very meaning of rual.
 One prison in Washington
 Oregon, or California will
 fill up all of the cells in Mont-
 ana.
 What people don't realize is
 how easy this rual enviorn-
 Ment Makes it For prison offici-
 als and corrections officers
 to target a Jail House Lawyer,
 activist, or even ordinary prison-
 er!
 For the last 3 yrs, I've been
 stuck inside MSP's locked housing
 units fighting with every ounce
 of energy against the injustice
 of Montana solitary confinement.
 In[REDACTED]
 I lead a major protest that ended
 up with over 8 cell extractions,
 2 Major suicide attempts, and
 other types of civil disobedience
 that prison officials call "violent".
 Yet, the only people getting hurt
 in a "violent" Fashion are inmates.
 I'm 40 yrs old and the first time
 I seen the inside of a cell I was
 8 yrs old. I'm tired of it. so I fight.
 Feb. 12Th 2021 Makueeyapee D. Whitford (Black feet Nation)
Makueepayee D. Whitford
transcription
[REDACTED]
 August 23rd, 2019
 Jailhouse Lawyers Initiative
 P.O. Box 2516
 Alachua, FL 32615
 Hello and Greetings From Montana,
 1 am a 38yr old American Indian
 serving 25- to-Life after being wrongly
 convicted of Deliberate Homicide in a self-
 Defense case.
 I am first and foremost, a Human
 Rights activist, an American Indian Activist,
 and a Prisoner Rights activist. I've got
 about 15 yrs of experience Fighting DOC.
 I am currently trying to build a
 network here in Montana. There are really
 no big Prison Projects that I am aware of
 in this state other than ACLU and the
 Innocence project. IF you know of any NLG
 chapters in this state, please send me
 that info. or the info of any other
 prisoner resources in this state. I would like
 to be involved of any Montana Jailhouse
 Lawyer Initiatives that NLG of the Mass
 Incarceration committee might be involved
 with.
 This state has a uniqe system
 and is primarily made up of American
 Indians and caucasian people.
 I am interested in the Policy System
 over here and the right to know which
 is a right protected in the Montana Consti-
 tution. They don't follow their own policies and
 procedures and they seem to be following
 Policy and Procedure and protocols that are
 up-to-date for them, but out-of-date for
 us. As if they want to keep us in the
 dark about the interworkings of MDOC. I
 Feel that the rule of law is being
 trampled on by the MDOC executive branch.
 Equally relavent is the Law Library system.
 Here they just gave us tablets and we have
 Access to lexis nexis, but on a limited basis
 (I'm in solitary confinement long-term) in comparison
 to general pop. we can't access policy, rules, and
 procedures for our disciplinary system and they
 ain't got tablets on detention, only long term
 solitary. You really can't prepare for disciplinary
 hearings. And, they cut off access to law books
 and other research tools when we got the law
 library tablet system and that don't even
 have policy, rules and procedures on there.
 In short, I need alot of help and
 quidance.
 In Solidarity
Makueepayee D. Whitford
transcription
12-31-21 MAKUEEYAPEE D. WHITFORD
 [REDACTED]
 Jailhouse Lawyers Initiative
 c/o Tyler Walton Esq.
 139 MacDougal St, B22
 New York, NY 10012
 Greetings...
 It's me again! so there were a
 couple of things.
 Firsts... I Must have missed your
 Toolkit series, can you send me a copy
 of the Legal Research and writing Toolkit,
 Human Rights Toolkit, and Data Justice
 Toolkits. Please and Thank You. I did
 recieve the "International Human Rights
 Law" Module, but I'm wondering if that
 is also the same as the "Introduction
 to Human Rights Law"M odule ? IF not, I
 didn't get the Introduction one. If you
 could send that also, it would be appreciated.
 I'll be waiting on the Legal Research
 and Writing" Module. I'm loving these. I'll
 use them to help train more jailhouse
 lawyers also.
 Second... I've been seriously thinking
 about this. I've been bothering people all
 accross the prison, attempting to get
 ahold of course syllabus and a book list
 regarding all of the books and study it
 would take to become a lawyer. I did
 10 yrs in Washington State and we had
 an awesome library system over there. One
 of the librarians that worked there told
 me that they could print off a book list
 of all the books that one would normally
 have to read and study to get a degree
 in whatever discipline they would like. I
 tried to ask these librarians here, but they
 have no idea what I'm talking about and
 don't seem to want to help me attain a
 book list of all the books I would have to
 read and study to become a lawyer. I was
 thinking, that since the Jailhouse
 Lawyers Initiative is doing all these materials,
 Maybe they could come up with a definative
 book list of all the books they would
 have to read and study to become a lawyer
 and even to get ones PHD in law. Also,
 the route or track that one would have to
 Follow to get there. kinda a guide to getting
 degrees in law, leading up to a PHD and
 everything in between: We can do inter-
 state library loans and buy books or go
 through book programs to get the books. If
 we read and studied them all, we could
 challenge the courses or we can read and
 study them just to get ready for college.
 Another thing, would be colleges and universities
 that we can attend through correspondance
 and after we are released. Even a book
 list would be nice to start with.
 That's what I need. If you guys can make
 one or find one, I'd appreciate it if I could
 get a copy. I'd like to study and send
 them and I'd like to work my way up to
 a PHD in Law.
 Words From Inside
 Third... I just wanted to say...
 I was reading about Human Rights Day
 and noticed that it is on December
 10Th ... My daughters birth day is on
 December 10Th, she just turned 11yrs old
 and I'm already teaching her about the
 law. she will be interested to know that
 her birthday coincides with this special
 day.
 Thank you for your time and
 service.
 Godspeed
Makueepayee D. Whitford
transcription
Makueeyapee D. Whitford
 [REDACTED]
 January 16th, 2023
 Jailhouse Lawyers Intiative
 ℅ Tyler Walton Esg.
 139 MacDougal St, B22
 RE: New Pen Pal Program
 New York, NY 10012
 Greetings,
 I was just going through your
 guys new Issue #6 From November 2022.
 Regarding the new pen pal program,
 I would definately like to be included
 in future cohorts of the penpal program.
 Especially because I am trying to
 fight a self-defense case where I was
 jumped and stabbed a guy one single time
 and eventually convicted and found guilty of
 Deliberate Homicide. My case has Flabergasted
 me since the day that I was found guilty
 especially since I was found guilty in a stand
 your ground state. The more that I look into
 my case the more I am convinced that
 a hate crime was being committed upon my
 person where several individuals planned and
 conspired and attempted to committ a massive
 assault upon my person because of my
 Nationality. I am a Blackfeet Indian in
 nationality and was at a house party on
 the flathead Indian Reservation when all of
 this occurred. This Reservation is home to the
 Salish and Kootinai Indian Nations. At the
 center of this conflict are the ancient
 Intertribal warfare between Blackfeet vs
 Kootinai people. I was targeted for being a
 Blackfeet Indian in the mist of the Kootnai
 and Salish territory. At the time, I had
 no idea that we had even been ancient
 enemies. I was able to thwart the attack
 and escape the scene but only barely. I
 was attacked from my blind spot and struck
 out in a reflexive and defensive Manner
 one single time with a tiny knife. The
 Knife went directly through the sturnum and
 nicked the north artery causing the deceased
 to bleed to death internally within a
 Matter of minutes. As I escaped, someone
 attempted to grab my leg and pull me out
 of the vehicle that I jumped into and
 which was right at the scene of the homicide.
 I was barely able to escape even after stopping
 the main attacker. I want to trial and
 was convicted in [REDACTED] MT of deliberate
 homicide despite the massive amount of
 mitigating evidence in my case. Something
 is definately wrong about my conviction but
 I don't have as much legal expertise as I
 would like to fight this thing. I'm a poor
 person with no money or real resources and
 I have been in prison for 10 years
 now. There is not enough room to write
 about each and every violation of my rights
 in this case. But, regardless of the time
 I still believe that the truth will set me
 Free. I have been wrongly convicted but I
 need help badly.
 If you could please look me up in
 the pen pal program I'm sure it would
 help immensley and provide the breakthrough
 , that is needed to get the truth out.
 Thank you sincerely and thank you
 For your program. I am an inspired
 jailhouse lawyer and although I'm discussing
 my criminal case, I also have civil cases
 in the courts and seek to help other in
 order to enforce our rights inside. Additionally,
 civil rights in our criminal cases are just
 as important as our civil rights inside the
 prison system.
 Thank you
Makueepayee D. Whitford
transcription
June 15, 2023
 MAKUEEYAPEE D. WHITFORD
 [REDACTED]
 RE: Corporate Accountability Lab
 [REDACTED]
 I consent to CAL use, for advocacy
 purposes, of the information I provide in
 this document and to CAL identifying me by
 My name and the state where I currently
 reside
 Feedback Prompts/Questions
 1) what is one thing or one story, you
 would like others to know about the quality of
 work in prison?
 - The reality of work in prison is that
 they don't ever increase our earnings for
 inflation and they pay as such an
 amount that I refuse to even work for
 the sum that they offer unless there is
 a Major benifit to the job being able
 to get to other blocks to hussle stuff on
 the black market or to get extra hours
 in the weight room. other than that
 there is no reason to work for the State because
 I can make more Money hussling stuff on
 the black market or doing a hobby and
 selling My hobby crafts.
 2) What work do you do in prison?
 - I Mostly do hobby all day long
 and get paid about minimum wage
 if I calculate my time right. On
 top of that, they are all kinds of
 side hussles that I can do on the
 Black Market. The Black Market is basically
 doing anything to make money that
 is against the rules. I recieve 100%
 of the profits because what I do is
 not regulated by the person or tax
 laws. I supervise myself and I love
 what I do for hobby. My hobbies
 consist of beading, hurschade, and drawing.
 But It is hard to get minimum wage
 because the overhead costs. If you calculate
 it right though, you can get minimum
 wage, but most people don't think of minimum
 wage, they just think of instant gratification
 which effects the market as a whole because
 they bring down the market price when they
 do that while screwing themselves. It is like
 running your own business. I'd love a job
 Where I could make a good living and that
 is consistent. Hobby work isn't consistent, one
 week it's good another week it's bad
 3) Do you know whether or not the
 work you do in prison is for a company
 or entity other than the government?
 - Because of My way of working I don't
 ever work like that. But, I do know
 that there are private companies In bed
 to the prison system in Montana State
 Just not sure what they are.
 4) Does anyone you know work for
 a company as an entity other than the
 government?
 - Not that I know directly. I have
 met people who did work for the
 dairy. Which was selling to the government
 and other people / companies. I haven't really
 paid attention though I'll keep a lookout
 now though and will update you guys
 at a later time.
 5) If you work for ( or produce goods
 or perform services for ) a company, how
 would you describe the extent and
 quality of teaching provided?
 - I don't so I'm not sure.
 6) Are there any short-term recommendations
 For governments that you believe should be
 a part of CAL'S reporting -Yeah, probably
 adjusting prison wages for inflation. That
 really needs to be monitored .
 7) Are there any short-term recommenda-
 tions for companies that hire incarcerated
 workers or purchase goods produced in prison
 that you believe should be a part of CAL reporting?
 - Yeah, same thing, adjustments for
 inflation. I've done over half my life
 in prison and I'm 42 years old. when
 I started doing time, the starting price
 of of pay was 35¢. Postage was also 35¢.
 Today, postage has been adjusted to
 66¢ for inflation, while prisoner's pay at
 starting pay is still 35¢. If we are
 going to start somewhere, why don't we
 Start adjusting starting pay first and
 Foremost.
 8) Should companies be allowed to
 use, benefit, or profit from incarcerated
 labor? - Yeah, why not ? if It's suppose
 to be a free economy, but it needs
 to also be fair . They need to band
 "Slave Labor" altogether and figure out
 how to create a system where inmates
 are treated fairly in the work space.
 9) Should incarcerated individuals
 be required to work, including
 for federal or State governments? - NO
 10) what would the ideal employment
 opportunity for incarcerated workers
 like like? - The ability to work for minimum
 wage and even higher paying jobs, but
 also having to pay for their own
 living expenses, child support, and
 other debts to society regarding monetary
 obligations. These monetary obligations
 should also be realistic. You can't
 have a person turn over whole
 paycheck for child support because that's
 akin to slave labor too and it oppresses
 people by making and keeping them poor.
 That is the same with all monetary
 debts. I think a fair percentage should
 go to their Monetary debt to their savings,
 and to living expenses. That includes
 hygene, food items and clothing. Plus hobby
 purposes. Teaching inmates how to spend their
 their Money appropriately would be a good policy. So,
 allowing the prison the discretion to Monitor
 accounts and institute payment plans and
 accounting strategies in their policies would
 be a good idea. It would also the govern-
 ment to exsamine realistic strategies to help
 the poor get out of debt.
 11) Many advocates reject calling for
 a total prohibition on work in prison,
 both because incarcerated individuals
 need opprotunities to earn income and
 because work can provide a source of
 Fulfillment during incarceration. CAL
 is sympathetic to this argument, but also
 believes that some indicators of force
 labor are inherent in the US Prison
 system in its current form (restriction of
 Movement, isolation, and abuse of vulnerability)
 and thus the risk of forced labor
 can never be eliminated, CAL also recognizes
 that the highest
 paying jobs for Incarcerated
 individuals have often been those working
 for the private sector - but when corporations
 are allowed to benifit from the exsistence
 OF vulnerable labor groups, more and more
 egregarious exploitation almost always
 Follows. How would you balance these competing
 interests?
 - Well first and foremost, I'd
 start with education. Now that Pell
 Grants are back, it provides an open
 Field to degrees in areas of interest regarding
 peoples educational goals.
 but why should people not be able
 to go into an area of expertise while
 in prison. If the government and CAL
 Feel that work in prison through forced
 labor is a reality of prison that will
 never go away, maybe they should start
 thinking of forced education that is
 Compatible with the specific labor that
 they are forcing, for instance, we all got to
 eat right? Culinary arts is an
 awesome opprotunity for people. In fact,
 I know alot of people that are interested
 in that field of study ever since a
 culinary arts program was introduced
 on the Tablet systems that we have.
 Yet, for all of that there is no place to
 practice it even though we have industrial
 equipment and kitchen right in front of us.
 If a real culinary arts program was offered
 in every prison in the US, and inmates
 were allowed and required to get into
 that program to even be a kitchen
 worker in prison (forced education) the
 forced labor that they have to perform
 wouldn't seems that forced at all. And
 the up side to it is that you create
 jobs that are high quality, Manning
 the food served to inmates would
 increase in taste and quality substantially
 leading to a better quality of life, not
 only in prison but after prison when
 people are released and get jobs in that
 field of expertise. when you create these
 types of education program that coincide
 with work programs in person, that can
 also be utilized outside of prison it
 is a win- win situation. offer enough
 educational opprotunities and it would feel
 coherced at I'll, Add an increase of
 pay and benifits on top of that and
 our quality of life increases leading
 to less drama because people don't
 want to lose that quality of life if they
 can help it and when it's good
 quality, there is a trickle down effect
 that leads to better skill and opportunities_
 - Please let me know if you have
 any more questions.
 Sincerely,
 Makueeyapee Whitford
 June 9th , 2023
 From: MAKUEEYAPEE D. WHITFORD
 [REDACTED]
 To : JAILHOUSE LAWYERS INITIATIVE
 C/o Tyler Walton Esq.
 139 Mac Dougal St., B22
 New York, NY 10012
 Greetings ...
 First and foremost, I would like to
 thank you For your Most recent JLI Newsletter,
 Issue No. #8, June 2023, as I am currently fighting
 My case on a wrongful conviction . The
 information was very useful and gave me some
 good ideas.
 I do have to note however, that
 I recently read a law review artical
 regarding "Legal Innocence " that may impact
 the way that "Actually Innocence" is interpreted
 by the courts . In that article , it argues
 that " Legal Innocence " and " factual Innocence "
 are both "sub-species" of " Actual Innocence."
 After analysis of United States Supreme Court
 decision in Teaque v. Lane, 489 U.S. 288,
 109 S.c. 1060 (1989), where the us supreme
 court created a "Legal Innocence" exception. The
 article argued that because of that case
 and since that case, " Legal Innocence" exceptions
 in Supreme Court cases have out paced scholarly
 work in the field of innocence as a whole. It
 then went on to argue that "Legal Innocence"
 should be treated as a "sub-species" of "actual
 innocence", because "Legal Innocence" is just
 as important as "factual innocence" and often
 over-laps "factual innocence" claims. I'll leave
 that article citation at the end of this
 letter because I have to wait for formation
 till I get access to Lexis Nexis to get it.
 However, concerning the topic of "Legal
 Innocence", I wholly agree with this article
 and I think it would be well worth the
 time and effort to make your readers
 aware of the distinction especially since
 you guys just released this modual on
 Innocence claims.
 In My case, I was charged with deliberate
 Homicide and my attorney's opted for an all-
 in-one strategy, because we felt very certain
 that their was absolutely no evidence that
 would allow me to be found guilty of that
 specific charge. I had raised the affirmative
 defense of Justifiable Use of force based on
 the fact that I was jumped by several party
 goers and had stood my ground under the
 self-defense statutes of Montana State.
 There was all types of mitigating evidence
 in my case and My case was very close.
 I almost walked away. somehow the jury found
 a guilty verdict and I have been stuck in here
 trying to Figure out how such an injustice
 could even happen. In the meantime, I am
 starting to notice similarities in other cases
 simular to mine.
 Come to find out, the law treats cases of
 Justifiable use of force cases as cases of
 " Legal Innocence" . The whole time , I've always
 claimed " actual innocence" but I didn't
 know the difference in the meanings
 until I did my homework. Then another
 thing that I noticed during my studies,
 is that most " Innocence Projects" do not
 except cases of Justifiable Use of force. I
 thought " what the heck ? " But, as I piecied
 it all together, I realized that first and
 Foremost, Justifiable Use of force cases
 are not just cut-and-dry cases. For lawyers,
 these cases are expensive. They ain't like
 DNA cases where a test can exonerate some-
 one. You have to actually get down and
 dirty in Justifiable Use of force cases,
 study the facts of the matter, and actually
 argue the law in relation to those facts.
 It takes alot of time and effort, even for
 Non-Profit organizations such as the Innocence
 Project. No wonder they always have a note
 by their addresses stating that they don't
 accept Justifiable Use of force cases. The
 fact that they are categorized as " Legal
 Innocence" cases also adds another layer
 to it. Up until now , the costs and
 everyone else have considered "Legal
 Innocence" as subpar and inferior to
 "Actual Innocence" claims. But, what is
 "actual innocence"? It is more appropriately
 termed "factual innocence" Someone who is
 factually innocence, is someone who
 is deemed innocent regardless of the law; while
 someone who is deemed "Legally innocent"
 is someone who is deemed innocent because of
 the law. Such as people who successfully
 deFind themselves with Justifiable USE of
 Force. Yet, is someone who successfully
 defended themselves with a Justifiable Use of
 Force considered "Actually Innocent"? That
 is the question that should be asked and
 I believe the answer is "yes."
 I am actually innocent. I was jumped
 at a house party and was able to successfully
 defend myself with a knife. I stabbed one
 of my attackers the main one, one-single
 time, and was able to escape because of it.
 I just watched an episode of "48 Hours on"
 A 36, where a guy was kidnapped and beat
 to death by three people . There were over
 three people who conspired to launch a
 multiple person attack on My persons. Had
 I not done what I did , it could of been
 me sitting in a gutter.
 Although, most courts don't call that "actual
 innocence " they call it "legal innocence " And that
 is also true.
 I later found out, or figured out, that in
 order to be found guilty of Mitigated Deliberate
 Homicide, you have to be guilty of Deliberate
 Homicide. So, even if I wasn't guilty of Deliberate
 Homicide because I May have been more appropriately
 be guilty of Mitigated Deliberate Homicide, a jury
 award of Guilty on a Deliberate Homicide could
 be upheld. Because after all, I did kill someone.
 Even if found not guilty by way of Justifiable
 Use of Force, it would basically be considered
 Justifiable Deliberate Homicide. But, in order for
 Mitigated Deliberate Homicide to be brought up,
 My attorney's would of had to "request" a
 Lesser Included Jury Instruction which they
 didn't do.
 There is also another crime that I
 could of been found guilty of other than
 Mitigated Deliberate Homicide, that crime
 would of been Negligent Homicide. Negligent
 Homicide differs from these other three
 Homicide's in that the frame of mind
 was Negligent or Reckless. Meaning it doesn't
 qualify as a state of mind that would
 require culpability such as that found
 in Deliberate Homicide, Mitigated Deliberate
 Homicide, or Justifiable Homicide. However,
 there is a Jury Instruction that allows
 the jury to consider the crime of Negligent
 Homicide, if the jury can't make up their
 mind on the other types of Homicide. In
 My case, I could of been guilty of
 Negligent Homicide in that my mental
 Capacity was impaired by my "chronic" PTSD
 condition, which is a sever form of regular
 PTSD, due to all of the violence and stuff
 that I have witnessed throughout my life.
 Starting with a multiple person murder at
 the age of three of which I was witness
 to. (A Man killed his wife, two children, and
 shot a field worker). On top of that my
 experiences in a high-gang area known
 as "Sector 4" in Tacoma, WA and my
 experiences in prison (which my counsel
 didn't want to bring up at my trial) also
 effected my culpability . In otherwords, if
 it wasn't straight out Justifiable
 Homicide, it very well could of been Negligent
 Homicide based on the characteristics of
 Chonic PTSD which May have lead me to
 act or overreact to the distress and apprehension
 of sever bodily injury that I was experiencing.
 And I admit to myself more than anyone
 else, that this could very well be the only
 other thing that I am guilty of other
 than defending myself . It could be that I
 May very well have overreacted a little because
 of my mental state, but it was too close to
 tell even for me. I don't believe that I
 was guilty of Deliberate Homicide or even
 Mitigated Deliberate Homicide. As to these
 two crimes, I feel I am actually innocent
 or in the current definition Legally Innocent.
 I am either guity of Justifiable Homicide (or)
 Negligent Homicide. I feel that my attorneys
 were Ineffective in their assistance when
 they opted for an all in one strategy
 knowing that I was "Legally Innocent" or
 "Actually Innocent" of those crimes and
 that I could have been spared decades in
 prison and a strikable offense. See Crack
 V. Herzog, 798 F. 3d 840 (2015) (Quoting Strickland
 v. Washington, 466 US 668, 104 S.Ct. 2052, 80 LEd
 2dl 674). The crime of Negligent Homicide, in
 Montane, carries a maximum term of 20 years
 in prison and I was given 60 years in prison
 with 25 years No Parole, Plus a strikeable offense
 as Deliberate Homicide is the highest crime
 in the state of Montana.
 Please, publish this letter, in whole, on
 your website. I give you my full permission to
 do so, with My full name, DOCH, and address.
 I need as much help as possible + media
 attention and community support.
 I'd also like to bring attention to those
 who are wrongfully convicted in cases of
 Justifiable use of force where they are
 "actually innocent" (A.K. A. "Legally Innocent").
 This is information that very well may
 lead to their exsoneration one day and
 mine, and that can be useful for all
 Jailhouse Lawyers as we fight for Justice.
 Okay, sorry to be so long winded,
 but you guys have inspired me to open
 up My mind to you as a Jailhouse Lawyer
 and I want to make the most of that.
 I really am liking the penpal program
 that you guys are starting, don't forget to
 pair me with someone. As you can see, I
 got lots and lots to say. (smile)
 · RUAL STATES- OPPROTUNITIES
 So... I can't stress enough about how
 it is so important to not forget the little
 guys. I'm locked up here in Montana State
 Prison and this system is so tiny. It is
 really crazy here. I mean, it is like the
 Twilight Zone.
 Previously, I was locked up in Washington
 state for 10 years, I got out, became a
 Model student and citizen. Had a 4.0gpa
 in college and made the "who's who of
 colleges and universities of American.
 etc. etc. etc. That all changed after that
 party I told you guys about, supra. The
 Programs and activities that they had
 in that state (washington ) were great
 and actually gave me a chance to turn
 My life around . I don't know how I ended
 up in here again, but I did. Wrong place,
 wrong time, I guess.
 However, I am also greatful for that
 experience because now that I have been
 introduced to the rural Montana State Justice
 System, I can see how well I actually
 had it.
 Being in prison is an isolating
 experience in itself. Being in prison in
 a rual area, is doubly isolating. Being
 isolated in Maximum Security isolation,
 while isolated in person , in a rually isolated
 area and State, is triply and quadruply
 isolating if you know what I mean.
 So, when I say the Twilight Zone,
 I mean the Twilight Zone. The majority
 of the prisoner's that come to this state
 have never been to prion in their life
 and certainly haven't been to prison in a
 different prison system. Luckily, there are
 some people coming into the system from other
 states more often than there used to be. Not
 that I want more people to come to prison,
 but when we do get people that have come
 From other states they are able to educate people
 in this state regarding their Human Rights.
 Places like washington , which have a crazy
 amount of people allow education to circulate.
 They know that education lowers the recidivism
 rate and better yet, they know alot more about
 what their Human Rights are about. while in
 a rual area like Montana, people are kept
 in the dark and they have no idea whats
 going on in the rest of the world.
 Unlike Washington State, Montana State
 doesn't have alot of programs and activities.
 The inmates are uneducated as to what
 their rights entail, but even more important
 is that they don't know what they are capable
 of. That is the difference between me and
 a lot of the inmates here in Montana. I
 started studying Prisoners Rights law in
 washington state where the term
 "Legal Beagle" or "Legal Eagle" are used
 interchangeably here in Montana, you don't
 even here those terms and if someone
 asked nobody would know what they were askin,
 I've attempted to change that by lecturing
 over the tiers and educating people in my
 own way, People take offense when I start
 comparing my experience here vs what
 my experience over there was like because it makes
 them Feel inferior and they don't know what
 you mean by it.
 To say the least, the Prisoners Rights
 Movement is almost non- existent. Don't get
 Me wrong, there are legal beagles here and
 people who care about our Human Rights, but
 the people in general are uneducated regarding
 their rights and what those entail. At least
 as far as I've witnessed.
 The biggest downfall to this is that it
 works in favor of oppression and oppressive
 practices by the state officials and staff
 who oversee us, And, it ain't only inmates
 that are undereducated, it is also officials
 and staff, which creates an even bigger
 issue.
 As a Human Rights advocate, activist,
 and mascot, it is no wonder that I have gotten
 Myself into some real good trouble here
 at the Montana State Prison. I got
 an infraction history a mile long because
 of it and the staff attempt to use that
 against me saying that I'm "violent". But,
 I have never been charged or convicted of a
 violent felony yet . Nor do I intend to. I have
 Fought back relentlessly against the oppression
 that I have precieved here.
 I got to admit. I was angry as hell
 when I came to prison for the second time.
 I went through what I call a " Great Depression"
 I can't even begin to explain what I felt inside
 My heart and mind. I lost everything. I was
 going through the " Grief Cycle" Something
 I never even know exsisted. As soon as it
 all started to turn to anger, I turned that
 anger towards whatever injustice that I
 seen, whether or not it was in my path.
 And because of my previous experience in
 prison, I was"educated". In fact, my anger
 didn't start in prison, it started in jail
 as soon as I realized that I was being
 charged for Deliberate Homicide.
 A lot of people can't comprehend what
 people like me are going through when
 we act out. But, it was learned behavior.
 From being in prison in washington, I
 learned all types of tactics and strategies
 to disrupt the system, I call them "guerilla
 tactics" because that is what they are.
 They are based off of guerilla warfare,
 Hit and Run, tactics. Only on a microscopic
 scale.
 Yeah, I really drove the jail staff crazy
 and even till this day the sheriff sends
 his regards through staff that train with him.
 Through misbehavior, I attempt to disrupt the
 organization and operations. And through
 reverse psychology and reverse behavior modification
 techniques. In addition to that, I file grievances
 and kites to create a papertrail. Every negative
 reaction, deserves a negative reaction; while
 every positive action, deserves a positive reaction.
 And this is how I fought back. It was my Form
 of protest and all the while I lecture
 staff an inmates in the public forum called
 the "tier" it takes it's toll, both on me and
 others, but it is effective. Not only has it
 changed behavior, it has changed policy; but
 at the sacrifice of a pretty infraction
 history that they love to use against me.
 After My anger began to calm, I began
 to think smarter. I stopped acting out. To me,
 that was " Civil disobedience" at its finest,
 but there are also other ways to handle
 staff, I think my major goal was to let prison
 officials know that if they were going to
 keep me here for the next 60 years , I would
 stand my ground and I wouldn't be afraid of anyone, "inmates" or "staff". After I calmed down my mind got clearer and I realized that Human Rights, Prisoners Rights, and American Indian Rights was my true calling. It's the
 only thing that they can't take from me,
 whether they want to or not... at least
 not without clear wanton cruel and unusual punishment.
 It also brought me to the realization that
 here in Montana, the place that "Rehabilitation"
 begins is on level 0, Maximum Security. And
 if our rights are not in place at this Level,
 than you cannot expect them to be in place
 at any other Level of the system. I noticed
 that they really care about people getting
 released, but they don't pay attention to these
 in Maximum Custody because they feel they
 should earn the right to be able to have
 access to Rehabilitation. Yet, if you
 do not respect individual dignity and
 provide those in Maximum custody equal access
 to programs and activities as those in lower
 custodies, than those in the upper Maximum
 custody units are going to get stuck in
 that Level of the system. The programs and
 activities by no means have to be the exact
 same programs and activities, they just have
 to exsist on that level . Just as each law
 is supposed to be applied in a just and even
 Manner, so should the right to rehabilitation
 be supplied in a just and even manner
 regardless of the Level of system that an
 inmate is at. Even Jesus, when asked
 why he ate with unholy people, said that
 he did so because that is where the most
 work was needed . To me , the prison system's
 level system and custody system, is like
 a book. Maximum Custody is where the
 book begins. It's where the worst of the
 worst are at. It is where the most work
 is needed. It is chapter # 1. or, the
 "Introduction" to the book and the Prison
 System. Then you got all of the
 Chapters inbetween. The last chapter
 of the book or the "Conclusion" of the
 book is the " Returning Citizen" If the
 goal is to Rehabilitate the people
 such as the term "Department of Corrections"
 implies , then such "corrections" and "rehabili-
 tation" must begin in Maximum Security
 Units and Level O. And, if we are not
 afforded Human Rights at that level and
 provided the dignity and respect of a Human
 Being, no real Rehabilitation can take place
 or begin to shape the behavior that it
 intends to change. T
 his brought me to a whole new
 level of understanding. If the Department
 of corrections intentions are to correct
 the behavior of unruly citizens, than
 would 't you want to create a system
 based on the principals of "Citizenship"?
 And what is the primary principal of a
 true "citizen"?
 I'll tell you , because it is well known
 and understood that, the hall mark of a true
 citizen is the ability to participate in ones
 own governance.
 The paradigm though , is that when
 one is incarcerated, even though it is the
 aim to rehabilitate and correct a citizens
 behavior, the hallmark of true citizenship
 is not only abolished it is forbidden in all
 shapes and forms. what becomes of a
 citizens governance once the ability to
 participate in one's own governance is taken
 Is a true aristocratic athoratarian
 dictatorship built on the oppressive qualities
 of cohersion and threats. Of course, it is
 these qualities that the names of
 previous revolutions have been built upon
 and which revolutionaries have utilized
 to plan revolts.
 It is no wonder than, that a class
 of individuals born from the throws of
 Mass incarceration have began to rise up
 in the face of police brutality and
 criminal gangs have taken to the streets
 in absolute anarchy.
 Imagine this thought experiment for
 a moment. say you take the worst
 Maximum security unit in the world
 and you began to institute a policy of
 structured participation in one's own
 governance. Since it is the true hallmark
 of citizenship and it is the behavior
 that we want to mimic in our quest
 to rehabilitate the errant citizen, the
 idea would be to teach a person how
 to actually participate in one's own governance
 in a responsible Manner and therefore
 a manner that does not affect the
 Penological quals of "safety, security, and
 orderliness" in a negative manner. what
 do you think Maximum security would
 look like? After all, by giving
 inmates the ability to participate in
 their own governance you would be
 giving them the ability to effect
 change concerning the policies and
 Procedures that they must live by,
 but under the tutledge of correctional
 officials and personell who are
 responsible for their rehabilitation.
 it doesn't mean that correctional
 Officials relinquish all of their
 Power over the inmates they are
 responsible for , but it allows for the
 hallmark of true citizenship to
 be seeded and to grow in the heart
 of the citizen who's behavior you would
 like to reflect values related to the
 true citizenship you wish to see in the
 citizens of the state.
 I kinda got off the topic
 of Rual Opprotunities, but this was
 discovered because of my opprotunity
 as a prisoner of two different states
 and my ability to witness the
 differences between the two.
 For most of us, if we were given a
 real opportunity to participate in our own
 governance, all of the major issues that
 We see how would come to a standstill.
 For instance, all of us inmates know
 that we need law libraries and access
 to the resources that will help get us
 released. Given the opportunity to participate
 in our own governance, we would take
 an active role in changing that. In
 Some type of way, Jailhouse Lawyer
 initiative is giving us that type of
 ability by allowing us to voice our
 concerns as legally minded inmates.
 These are the same type's of inmates
 who would be representing other inmates
 in a system designed off of the ideal
 of the ability to participate in our own
 governance.
 See, we have some thing simular
 but it is only knock off. In most
 prisons, they have the abilities for
 inmates to vote in elections and to
 elect representatives, but the other
 systems of governance are lacking, such
 as a place to hear our disputes (Judicial),
 the ability to lead as elected officials
 (executive ) etc. if prison systems opened
 their doors to teach political science not
 only in theory but in practice , by allowing
 inmates to participate in their own governance
 under the eye of big brother, the correctional
 system would take on a whole different
 appearance. And there is no better place
 to start such programs than at the
 top in Maximum Security, Level 0,
 Units where rehabilitation of the worst
 of the worst begins. It is only once
 we bring such concepts to Level 0,
 that such concepts will begin to
 trickle to every other inmate and
 incarcerated person and time Rehabilitation
 will begin to impact our Nation as
 a whole.
 Without these types of innovations,
 what is going to happen, is the
 divide between the Mass incarceration
 nation and the rest of the nation
 will deepen until a real time civil
 war will have to happen in order
 to right the injustices that are
 currently happening and that continue
 to happen on a daily basis. Police
 brutality being the primary visual
 effect of this device as a whole.
 It is all linked together and we have
 to institute real, effective change
 regarding mass incarceration now,
 where true education will lead to
 real results of true rehabilitation
 that will in turn effect change
 regarding recitivism rates in a
 true and positive manner.
 Again, this leads me to
 another point regarding another
 subject. Through my self- reflection.
 I began to realize that correctional
 staff had a code of ethics that
 they had to abide by , but that
 in order for me to truely enforce
 these codes of ethics My own code
 of ethics would also have to be
 updated. which indeed lead me
 to begin to change my behavior.
 To be a Human Rights activist,
 means to understand what it means
 to be human . And every human
 has the same rights. Regardless of
 whether they wear a uniform or not.
 This is where that code of ethics
 begins. If I don't want to be
 treated in inhumane ways, then I
 need to treat others the way that
 I want to be treated. The thing is
 to realize that we are all human
 when we take the blue and orange
 off. Humans Make Mistakes, we
 break rules and we are far from
 perfect. If we hold others to a higher
 standard than we are willing to
 hold ourselves to, we are nothing
 More than hypocrits and
 there is nothing more that a human
 being hates more than a hypocrit.
 I think as a Jailhouse Lawyer, that
 is the number one rule of thumb
 don't be a hypocrit. If you are
 human enough to enforce the law
 be human enough to abide by it.
 If you don't like it, change it
 Just do it properly, by the rules,
 otherwise the rule of law is
 nothing but the rule of hypocrits.
 Thank you guys for allowing
 me to blabber on. Hopefully
 you guys will read it all and
 that it adds to our conversation
 and work
 Sincerely,
 Makueeyapee D. Whitford
 ARTICLE:
 LEGAL INNOCENCE AND FEDERAL HABEAS,
 104 Va. L. Rev. 417 (2018)
Makueepayee D. Whitford
transcription
MAKUEEYAPEE D. WHITFORD 11-16-23
 [REDACTED]
 Greetings ...
 I got to say that I really
 do love your guys News Letter and
 I appreciate you guys from the
 bottom of My heart.
 #
 In Response to [REDACTED] from
 Montana:
 The same thing is happening over
 here at the Montana State Prison.
 This new Montana State law just
 went into effect not long ago concern-
 ing Locked Housing/Restrictive Housing
 that says solitary confinement
 is suppose to be used with only the least
 restrictive conditions and that they
 should be given the same programs and
 services. Yet, it has been a couple
 of years and we are still waiting
 for that to go into effect. Additionally,
 the law itself points to the evolving
 standards of decency and strict
 when it comes to solitary confinement
 and we start talking about programs
 and services. I personally believe we
 can utilize a trickle down economic
 theory in relationship to this law
 and the equal protection standards
 since these apply to Max. Custody
 inmates, it should equally apply to
 other custody levels right on down
 the line. As it now stands, Max.
 Custody inmates at the Montana
 State Prison get more outdoor recreation
 than inmates in closed Custody
 which is a lower custody. These
 standard's prove that working on
 rehabilitation at ground zero (literally
 level zero) in Maximum custody,
 can effect rehabilitation at every
 other level. And, we they are violating
 our rights and not providing us
 opportunities to rehabilitation on
 level zero, why would they not-violate
 these standards at other levels? In
 order to get it right, we got to start
 at ground zero and work one way
 up to level 1, 2, 3, 4, and 5 until
 we are in closed Costody, then Medium,
 Custody, Minimum Custody, and
 the streets. As they say "shit"
 Flows down stream.
 By Makueeyapee D. Whitford
 in Montana
 #
 Also, I wanted to respond to
 some of the stuff on these
 tablet systems as they apply
 to Jailhouse Lawyering.
 First, it is no doubt a hostile
 Money profiting environment when
 they bring these tablets to the
 system. However, we also got to look
 at the bright side ... if they
 ain't making profit, then we are
 going to get poor quality tablets, so
 I think that a profit driven tablet
 system is needed, but they should
 have some as equally free material.
 Second, I'm indigent and I've
 been fighting with our prison system
 for years to get law library in
 solitary confinement. I initially helped
 us get tablets into locked housing
 by filling grievances and pushing
 for a Lexis Nexis tablet system
 after reading about such systems
 regarding Access to the courts in
 Prison Legal News, I even attached
 that article to the grievance. It took
 two years, but we got em in Locked
 Housing now. Then they gave them
 to everyone in the state except
 Detention inmates and I Fought
 that even harder. It didn't
 look like they were ever going
 to give us access to LEXIS NEXIS
 tablet systems on Level zero
 Detention Blocks. However, about
 a month ago after I filed a
 new grievance on it, we are
 now allowed LEXIS NEXIS access
 on tablets every single day. That
 is a major win, but it ain't
 over. Access to the Courts is the
 Most important right of all rights
 because without it we can't protect
 any of our other rights. I am
 currently grieving access to tribal
 courts as I am an American
 Indian from a P.L. 280 reservation
 in Montana, I'm a non member of
 that tribe domiciled on my reservation
 the Blackfeet Indian Reservation, l've
 got issues that I want to challenge
 in tribal court concerning jurisdiction
 in my criminal case. So, I'm trying
 to have our Lexis Nexis expanded
 to include tribal juridictions. And,
 my fight won't end there. I think it
 can be expanded More until we have
 access to all LEXIS Nexis Materials.
 However, I began writing a paper
 on Access to Courts from the perspective
 of an indigent / innocent offender
 that won't be done anytime
 soon (as soon as it is I'll send
 it) but I am making an arguement
 For greater access to the courts
 via the tablet system. These
 tablets can be configured for
 anything. Airplanes use them for
 their exhaustive policy checklist
 that they have to abide by in
 their cockpits. So, it only makes
 sense that we could collaborate on
 a tablet system seperate and distinct
 from other tablet systems that
 would allow jailhouse lawyers,
 writ writers, and other prisoners
 full access to everything you need
 to compose writ's, motions, letters,
 emails, and draft papers utilizing
 Microsoft Office Suite App's or something
 simular and to be able to type,
 print, scan, etc. From the tips
 of our fingertips. This though began
 when I started to write this paper
 because I had wanted to educate
 the administration as to Access to
 the courts. I had filed a grievance
 and the grievance coordinators
 asked me to write something up
 on it. I was arguing about paper
 access, access to typing ribbons that
 cost a million dollars and continue
 to rise due to inflation, and
 then I thought ... why the heck am
 I going to argue for access to these
 things. It is enough that here in
 Montana State, prisoners through the
 Inmate Welfare fund (WWF) are the
 one's fronting the bill for these
 very old and outdated typewriters.
 and their maintance while also being
 charged outragous prices for ink cartridges,
 paper, etc. That lead me to another
 thought ... What would be the ideal electronical
 access to the courts system? And ... Boom ... a mind
 grande exploded. The tablets would
 be a perfect, all-in-one fix. We
 could utilize office applications,
 email people, write documents, print
 them, scan other documents, maybe
 even have document faxed and
 access courts electronically with
 the ability to respond equally with
 a well one, cut-and-paste document,
 saved on a thumb drive, and working
 in conjunction with the state law libraries
 and Libraries. This would be the
 ultimate OR Electronic Law Library
 Tablet System Made by Jailhouse
 Lawyers with the prison population
 in Mind. As it stands, these lawyers
 that we go head up with have
 access to computers, the internet,
 and a wealth of information. They
 are able to use the latest applica-
 tions, save their work, cut-and-
 paste their documents, etc. while
 we have to write our motions,
 briefs and complaints from scratch
 each and every time. We don't
 have the luxury to cut-and-
 paste our documents and save
 them for the next document we
 will use them for. They are trying
 to tell me, I can only have
 10 pieces of paper per month for
 My legal and non-legal correspondance,
 legal work, and other activities.
 That is ridiculous, I've got a current
 civil case going, a criminal case
 I'm fighting, and I'm helping other
 people with their stuff.
 When I got your guy's newletter
 another mind granade exploded ...
 wouldn't it be awesome if we had
 legal classes in prison? I mean, alot
 of people complain about how many
 suits and complainte prisoners file in
 the courts, yet they say we are
 criminals and say we need to be
 rehabilitated. They took our Education
 away because of that, now they
 have given it back. I don't
 think they have stopped complaining
 about our "frivlous" lawsuits.
 So... why not provide opprotunities
 to us so that we can learn the
 law that we allegedly broke or
 that we were ignorant of before
 So that we can file non-frivlous
 lawsuits. At least those of us who
 are interested in learning the law.
 They say that an individual who
 is educated is less likely to recidivate,
 well what if they were educated
 in the law? You'd think that
 people educated in the law would
 have the lowest recidivism rates.
 But, there is a two-birds- with
 one stone argument. The Courts
 are tired of frivolous suits. So,
 why not train jailhouse lawyers
 in the law, which is the whole
 purpose of the Jailhouse Lawyers
 initiative right.
 So ... another mind granade ...
 I've been researching legal articles
 on law school education and legal
 and programs. Why not collaborate
 with college and universities to create
 a jailhouse lawyer program, where
 we can interact with the legal community
 by doing our own law reviews
 etc. In fact, mind granade ... why
 not host a competition for written
 papers, down through legal writing
 and legal research and legal
 analysis. A Jailhouse Law Review
 by and for Jailhouse Lawyers and
 a Jailhouse Lawyer Code of Ethics,
 Constitution, and By-Laws, to
 create a Jailhouse Lawyer Bar
 Association with a Jailhouse Lawyer
 Bar Exsam all initiated by the
 Jailhouse Lawyers Initiative? The
 possibilities are limitless when we
 start thinking about this. Education
 could even be had through a
 bibliography of educational books
 and a course syllabus that we could
 complete using the interlibrary
 loan process. Programs at prisons
 teaching accredited lawyer skills,
 like Moot courts and casebook studies,
 etc. would begn teaching inmates
 how to practice practical law in
 prison. And, the thing is ... prisons
 would really be opposed to such
 a program because we would be
 More got to call them on their
 BS. But, looking at it from
 the perspective of the Courts and
 law Makers that passed the PLRA
 and the AEDPA ... it would promote
 efficiency, comity, judicial resources,
 etc. etc. etc. in a million different
 Ways- Human Rights would be
 legitimately vindicated and prisoners
 would be less apt to re-offend thereby dropping the recidivism rates. I'd like to know what
 everyone else would have to say
 about such an Association of
 Jailhouse Lawyers.
 Will, thanks again. Everyone
 take care. P.S. I got interviewed
 by the Netflix series "I AM A KILLER"
 and I'm hoping it will bring
 attention to my plight as a wrongfully
 Convicted prisoners: Stay tuned.
 L&R
 P.S.S. I sent those extra
 forms to the haw Library.
Makueepayee D. Whitford
transcription
MAKUEEYAPEE D. WHITFORD December 13, 2023
 [REDACTED]
 Dear [REDACTED],
 I just recieved your letter dated November 14,
 2023.
 I would like to thank you and everyone at
 the Jailhouse Lawyer Initiative for recognizing
 My work as a Jailhouse Lawyer and civil rights
 advocate. This is the first time in my life, that
 I have received such recognition and it is truely inspiring .
 (for all of those who are interested to know, I was
 recently interviewed by a Netflix documentary series
 called, "I AM A KILLER". I am hoping it will bring necessary
 publicity concerning My self-defense case. It is my hope
 to inspire those who are capable of doing so to reach
 out to everyone and anyone who might be capable
 of re-opening an investigation into my case that
 May lead to the exsoneration of my person and
 a righting of My wrongful conviction.) Your recognition
 of our struggles as prisoners, Jailhouse lawyers, and
 human beings touches my heart and soul and I
 am grateful For the opprotunity to be a part of
 the JLI network.
 Concerning your invitation to "serve on JLI's
 panel of currently incarcerated jailhouse lawyers,"
 definately perks my attention and I too would
 be "honored" to serve on that panel. I think
 this opprotunity is awesome and it will give
 me a platform from which to elevate my activism
 through a superior support network. We just
 recieved GTL tablets here at the Montana State
 Prison and I am very interested in using those
 "digital communication" avenues. Additionally, I am
 also very interested in participating in JLI community
 learning. God knows I could use that stipend to
 open up further communications to build and
 expand my support network and activism.
 I have alot of ideas and likewise have been
 trying to figure out ways to raise funds and to
 utilize the JLI network to accomplish our concurrent
 goals and ambitions. (Which I will discuss further
 in a Moment).
 So, "yes" I will join your panel and "yes" I
 will participate in JLI community learning process.
 Just point me in the direction that you would like
 to go and let our journey begin. I'm thrilled, I
 truely am. I can't imagine what is about to
 happen, but I am ready to jump in full speed
 ahead.
 Ethics, is the corner stone of my activism and
 I will definately commit to an "ethics of care" and
 strive to be accountable to whatever we create. Although
 I am not a perfect person and I am dysfunctional
 in my own way, I am tired of the fake convict code
 that we are serving as it is backwards to the majority
 of society's way of thinking and sets us up for fallure.
 As a jailhouse lawyer, I feel we have an even
 greater code that we must uphold and that all convicts
 and inmates alike must respect. I speak from t
 he perspective of a "solid convict", but I recognize that
 all human beings, whether they be convicts or
 inmates, need the advise of jailhouse lawyers and
 as such everyone behind these walls must have
 access to our services on a fair and equal basis
 regardless as their status of crime does not define
 our responsibility and obligations to our fellow
 human beings. As jailhouse lawyers, we must
 elevate ourselves above the yard politics and hold
 ourselves to higher standards in order to protect
 prisoners from the oppression and injustices that
 an imperfect criminal justice system allows.
 As I have said before, I truly believe that
 I have found my calling in life as a human
 rights activist. That being said, I am interested
 in getting my PHD not only in Native American
 studies, but also in Law. I came to prison on
 the basis of violating the law. It was only through
 learning the law that I realized how I was wrongly
 convicted, In doing so, I also learned that the key
 to stopping the oppression and injustices that I
 have suffered, was to learn the law better than
 those who enforced the laws against me. It is only
 through legal education and the understanding
 of the law that we can really fight back against
 the injustices and oppression. It is this understanding
 that I am confident that the more law that I
 learn, the closer I will be to unlocking the doors
 to Freedom, And, I don't want to stop there, I
 want to delve so deep into the philosophy of law
 that not only will I transform and shape it,
 I will be transform and shaped by it, and it will
 allow me the ultimate freedom of knowing the
 Rule of Law and changing it for the 7th genera-
 tion, so that they don't have to suffer the
 same fate as I did of my ansestars did.
 so, "yes" I accept your invitation to "dream
 and discover ways that legal empowerment
 can equip those inside to be human rights
 defenders ... For themselves, our families, and our
 communities,"
 To that end, I have recently been in
 contact with a man by the name of
 [REDACTED], who is the [REDACTED]
 For the state of Montana. I have been in
 continual contact with him ever since my case
 hit his desk. Although my case hasn't been
 under the control of his office for some time,
 he has been helpful in giving me advise and
 I actually had a client who I was helping and
 I used him to strategize. However, this simple
 exersize brought something to my attention, an
 idea. The office of Public Defender's here in
 Montana State is overworked and jail house
 lawyers are picking up the slack. But, if we
 could connect jailhouse lawyers with public
 defenders we could almost become an arm of
 the Public Defenders office. All through communica-
 tion. what I wanted to do, is to put [REDACTED]
 into contact with you guys in the JLI network
 in order to strategize "outside" for ways to communi-
 cate and connect with jailhouse lawyers "inside".
 (for example: Maybe interested Pro Bono lawyers
 could give Pro Bono advise through an ensisting
 association of organization such as the Public
 Offenders Office, Montana Legal Services, Montana
 law library, Montana University, Montana Law
 Reviews and Articles, as well as the Montana
 Bar Association, etc. and conect Lawyers to
 Jailhouse Lawyers through GTL, that would allow
 automatic communication. However, GTL
 is a money based system. well I met a couple of
 the death Row guys here that get money from
 their lawyers for their birthday's and christmas
 and when I inquired further I figured out that
 these lawyers were giving them gift money and
 utilizing it as a tax write off.
 One of my biggest problems, has been trying
 to figure out how to build a defense team of
 individuals that have the time and want to
 assist me in Fighting my case, but being an
 indigent person I am caught up in hustling just
 to survive which takes time away from my activism
 and My legal studies and legal work. I've thought
 about trying to set up a gofundme site and I'm
 actually reading this book on How to "start Your own
 Freelance Writing Business." I've had grand ideas
 to get on the facebook, twitter, Instagram, etc.
 in order to network but my family don't have
 the interest. I've noticed that they get so caught
 up in their own lives that they are too busy to
 help me. It is discouraging to say the least.
 without a network of people, it is hard to
 strategize on what to do or how to do things.
 I often fantasize about being rich and having
 the money who I could hire to do this or that.
 The reality is that I'm caught in a rat race
 where I am stuck from reaching the upper
 levels of Maslow's Hiarchy of Needs because I
 can't even provide for myself in prison.
 That don't stop me from brainstorming and
 tryng to find a breakthrough.
 Ideally, if I had enough money, I would be
 able to call legislators, executive branch executives,
 and network to Find people to be of an assistance.
 I wouldn't have to think of the basic necessities,
 so the primary question is how to raise money to Free
 up my time so that I ain't out there trying to provide
 for myself with illegal hustles or hustles that
 take up too much time. (such as slaving for another
 inmate creating hobby for him to sell).
 Donator's was another thought, raising money
 through raffles, and doing other non-profit activities
 to raise money. But, the catch 22 is you need
 the people to do that, which means networking,
 but if you can't afford to communicate, well
 your caught in that Catch 22.
 My thought was if I could get a family
 member to do it ... but the problem with that
 is that often family are caught up in their
 own worlds that don't coincide with my world.
 I got one sister who really stays in contact, but
 everyone else just don't have the like mind. And,
 My sister that does can't afford to because she's
 also caught up in her world.
 Another "Ideally", is that if I could find someone
 who has a "life" that coincides with the help that
 I need. for instance, if I could find a computer
 expert, who loves computer technology, and they were
 willing to donate their time to the cause, I could
 create a website, facebook, twitter, etc (a multi-
 media campaign) to 1) Further My criminal case
 Fight for freedom, 2) further my activities as
 a human rights activist, 3) further my activities
 as an American Indian Rights activist, 4) further
 my activities as a Prisoners Rights activist, and
 5) further my activities as a jailhouse Lawyer
 and member of JLI (which coincides with my
 civil rights activities).
 I think what JLl does is open the doors to
 a meeting of the minds in order to brainstorm
 a better system. Jailhouse lawyers, like all
 people, have a hiarchy of needs that they
 must address. These needs include the ability to communicate
 in more efficient ways with a greater amount of
 people and an ability network, create work groups,
 and organize on a greater level. social media and
 multi-media are important components of communica-
 ting.
 So, my first question is how long until we
 can begin communicating through GTL? That would
 make communicating alot More efficient. My second
 question is: what can we do to come up with some
 brainstorming issues that would allow me to begin to
 reach out to other community members? And, is there
 some way we can do these sort of support projects
 that would enable Jailhouse Lawyers to focus their
 attention on the main goals of JLl and also allow
 greater communication to network? (I think an education
 packet targeting interested people on the streets on how
 they can assist jailhouse lawyers through opening communication
 would be a great start)
 I must get this out though, thank you for your time and service,
 Until Next Time

 
                 
                 
                 
                 
                 
                 
                 
                 
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                    