Case Dismissed

Misdemeanor

Case Dismissed

County: Lake

, County: Lake, Date resolved: January 2023, Outcomes: Client was a prison volunteer at Lake Correctional and would send emails (via JPay, which is “authorized” for anyone EXCEPT a volunteer). Thus, he’s now been accused of introducing “contraband”. Statute does say written communication is contraband “Unless through authorized channels.” So the issue is, Is this “authorized” and if it isn’t (because it violates the administrative rule but not the statute), it’s not a crime. I called the Inspector General in Topeka and canceled the client’s meeting tomorrow. Inspector said that he was meeting only because he has to under federal law (as they get a grant) and that the case was really about a sexual battery claim (client was supposedly having sex with another inmate and had a “lookout”.) The Inspector says it’s crap, but he had to give the accused a chance to respond under federal grant requirements before closing it. As for written emails, yes, it violates the statute (and they’re banning him adminstratively), but promise that there will be no criminal charge because State doesn’t want to pursue the case and the emails were utterly innocuous about the Bible. The case was dismissed by the State.

Date Resolved: Feburary 2023
OUTCOME : DISMISSED
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    Case Dismissed
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