Monthly Archives: February 2017

Reinstated! Feb. 2017

Hello everybody,

It was a year ago that the Department of Correction administrators, here at MCI-Concord, decided that they were going to threaten, intimidate, and then punish me for going against their wishes and speaking with a reporter from Boston Magazine. They tried to misuse their power to prevent me from standing up for my rights. Ultimately, the prison’s administration took away privileges that I had earned and then removed me from the facility’s NEADS Service Dog Training Program, in a malicious attempt to hurt me. I was devastated and heartbroken. Once again, I was being punished and had done nothing wrong.

Gianna welcomes Brian back to the NEADS Program with a kiss!
Feb. 2017

Since then, with the help of a dynamic civil rights lawyer, Sonja Deyoe, we filed a civil rights law suit in District Court outlining the abuses of power and discretion by prison authorities. We filed this lawsuit in an attempt to stand up for what was right and to prevent those in power from mistreating people who are weaker than them, simply because they can. The complaint that was filed with the court detailed allegations that the prison authorities threatened and intimidated me to prevent me from speaking with the reporter; and then, after I did, the authorities punished me by removing me from the NEADS Program after two years of successfully training service dogs for disabled children.

However, today I am very happy and proud to announce, thanks to Sonja’s help, I have been reinstated back into the NEADS Program. That’s right; I am now back training service dogs for disabled people.

Brian as he should be, with a dog by his side. This is Gianna!
Feb. 2017

I really want to thank Sonja for her help. Without her, I don’t think any of this would have been possible. Her dedication to helping those who are in need and her commitment to defending what is right, is the reason I am training service dogs once again. Although I have not yet been given my own dog to train, I am very happy merely to have the opportunity to be back in this amazing program. On behalf of me and my family, thank you, Sonja.

Brian

 

Update: Civil Rights Lawsuit

Hi to everybody,

I wanted to give everyone a quick update on recent events regarding the civil rights lawsuit I filed against the Massachusetts Department of Correction (DOC).

As I’m sure you remember, last February (2016), prison officials here at MCI-Concord threatened me and then retaliated against me because I cooperated with the reporter from Boston Magazine, who was writing an article about my wrongful conviction. Prison officials were angry at me and decided they would punish me by removing me from the NEADS Service Dog Program. Over the course of the two years that I had been in the program, I had trained three dogs that were placed with disabled children. Well, after my punitive removal I filed a federal lawsuit against the DOC in U.S. District Court (Peixoto v. Lois Russo, et. al.)

Attorney Sonja Deyoe stepped forward and offered to represent me in the suit, pro bon. The DOC lawyer then filed a motion with the court to have my lawsuit dismissed. He argued that I do not have a Constitutional right to communicate with the media and that DOC officials did not threaten or retaliate against me for doing so and that I did not have a protected right in being in the program to begin with so I had no rights to protect in the suit. Subsequently, the court held a hearing where Sonja aggressively argued against the DOC lawyer on my behalf.

Amazingly, I am happy to announce that Sonja was successful. The court ruled in our favor and denied the DOC’s motion to dismiss the lawsuit. In the court’s decision the judge agreed with us and stated that a jury could find that “prison officials took adverse action” against me and had “the intent to retaliate,” when they removed me from the NEADS Program. Further, the judge stated that a jury could find that these prison officials acted with “intent” to threaten and intimidate me in order to discourage my communication with the media.

This is wonderful news. Sonja did an amazing job in fighting for me and my civil rights. This is an incredible David v. Goliath win. With Sonja’s help, we were able to stop omnipotent prison officials from abusing their power and from threatening and intimidating those weaker and in their care. We are hopeful that very soon the DOC will be forced to do the right thing and put me back in the NEADS Service Dog Program and to stop any further abuse against me simply for proclaiming my innocence and fighting to be freed from my wrongful imprisonment.

Thank you, Sonja.

February 2017

Hello to everyone. I hope you are well.

This morning when I woke, it was just another day in prison. I put on the news and plugged in my hot pot to heat water for coffee. A national news station was profiling two men who were wrongfully convicted and spent a combined 40 years in prison fighting to prove their innocence. Finally, after decades behind bars, they were freed and returned to their families.

Over the years I’ve seen many of these stories. I’ve seen them featured on Dateline and 20/20. Sometimes they were convicted because of corrupt police. Sometimes it was misidentification by witnesses. And of course, many were because of faulty science. In fact, nationwide there have been thousands of men and women exonerated after spending decades in prisons for crimes they did not commit.

As a wrongfully convicted man fighting to prove his innocence, I don’t know how to feel about this. I guess on one hand it should make me feel hopeful and grateful that so many people were freed after so long. It should make me feel optimistic and appreciative that these people were finally vindicated. But quite honestly, today, what I feel is anger.

It makes me angry that our criminal justice system failed these people. It makes me angry that our criminal justice system failed me. A system that allows so many people to be convicted on crimes they did not commit, and then forces them to fight against the very system to right the wrong is broken. Our criminal justice system is supposed to be based on protecting the innocent. How then do so many people get convicted of crimes they are innocent of? And then, our appeals system is designed to ensure that innocent people are not wrongly convicted. Why then does it take decades (if they are one of the lucky ones) for an innocent person to be exonerated? What makes me most angry is when after one of these people is finally freed, people say, “See, the system works.” Wrong! If the system worked, innocent people would not be yanked from their families and forced to spend a single day behind bars for a crime they did not commit. Our system is broken and it makes me angry.

Brian and baby Amber
Fearing Pond, Plymouth 1991

Some days more than others I feel the anger. As the investigation into my own conviction continues, we’re learning of just how badly the system failed me and my family. In fact, it was more than just a system that failed; it was the police detectives, prosecutors, attorneys, medical experts, and judges that failed us. Some of the failures were worse than others. Some of the failures were malicious and intentional. Others were mere incompetence. It makes me angry to think of all that has been taken from me; all that has been taken from my daughter. My family has lost so much, and it makes me angry.

Our criminal justice system needs to be fixed. Our legislators need to change laws. Conviction Integrity Units need to be created. Federal funding needs to be given to Innocence Programs. Prosecutors need to be held criminally liable for wrongdoing. The AEDPA needs to be repealed. Time limits and other hurdles for appeals need to be dismantled. And, the death penalty needs to be abolished. We need to demand real criminal justice reform in order to prevent these injustices.

These days while so many people are angry and protesting about election results, Executive Orders, and Cabinet nominees, my hope is that there is some anger left for our criminal justice system. A system that is destroying American families and citizens, right now, in prison for crimes they did not commit; children growing up with the pain and loss of a wrongly incarcerated parent; mothers, fathers, children and siblings suffering because they have a loved one in prison as an innocent person. Lives are being destroyed and time is lost forever-all as a result of a failed criminal justice system. It makes me angry.

I want to end by stating that not all anger is bad. Sometimes anger is good. When it is channeled into action, it can be righteous. When it is used as motivation, it can be powerful. When it is used to right a wrong, it can open prison doors.

One Day Closer…