Makueepayee D. Whitford
I wish the world could read this letter so that they could know this:- Addressing Racism
- Addressing class inequities
- Solitary confinement
- Inadequate law libraries and legal resources
- Price gouging
- Advocacy
- Retaliation/abuse of the disciplinary system
- Program Creation
- Seeking a bridge/advocate between inside/out
- Legal work from the inside
- Addressing Innocent/wrongful conviction claims
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