Tag Archives: Attorney Sonja Deyoe

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.

Happy New Year 2017

Happy New Year to everyone!

I hope that everyone had a safe and enjoyable Thanksgiving and Christmas. I truly wish everyone has a joyous New Year packed with happiness. I have the feeling this will be a wonderful year filled with miracles.

I want to thank everyone who sent me support letters and Christmas cards. Every time the guards stopped to slide mail under my cell door, I smiled. I knew the swooshing sound of mail sliding across my cell floor was the sound of love, support and well wishes. Thank you.

This has been a long and difficult year. Although there have been some absolutely ground-breaking advancements in my case, there has also been some difficult trials and tribulations. I’ve had to dig deep into my heart and force myself to remember and be thankful for all the positives; my family and loved ones are healthy and well. I have an amazing support system that lifts me up and loves and believes in me. I have a wonderful family who fills my heart with love. I have a beautiful woman who has given me her whole heart. And I have the best lawyer in the world who fights and believes in me. I am truly a blessed man. Sometimes in life it is when you are at your lowest that you come to realize how much love you have. I have more than most and I am grateful.

I’m often asked about where we are with the legal work and when we will file with the court and ask that my conviction be overturned. Let me just say, Jennifer Fitzgerald, my powerhouse attorney, has been working around the clock, literally. Every time we think we are ready to file, Jen uncovers some new and incredible piece of lost or hidden evidence that no one else who have been able to unearth. She has been working tirelessly reviewing records, consulting with medical experts, and preparing to expose the truth. Every time Jen discusses what she has uncovered with Lisa, Lisa tells me, “Jen is freaking brilliant!” No one could have done what Jen has done. We know in our hearts that Jennifer will be the one to definitively and scientifically prove my innocence. We have no doubts that Jen will bring me home.

Also, a lot of people have asked: Whatever happened with me and the NEADS dog program? In case you forgot, in February of last year, just two weeks after the release of the Boston Magazine article, the prison’s administration had me removed from the NEADS program. I was shocked and devastated at the spiteful decision of the DOC to suddenly and without reason remove me from the program. I knew I had done nothing wrong and was being unfairly punished. I became very depressed and was having a difficult time. You see, I realized long ago that while you are in prison you have to find a purpose; a reason to get up in the morning. It’s the only way to survive in this dark and dismal place. It’s about self-preservation while being incarcerated. Some guys find positive outlets, like church, school or going working out. Most guys find negative outlets. Very popular at MCI Concord is getting high, gambling, fighting, and joining gangs. I chose to train service dogs for disabled children and war veterans. Training dogs gave my dark days in prison purpose. It brought me a tremendous amount of pride and satisfaction knowing that my time behind the wall and barbed wire had meaning. However, when I was removed from the NEADS program, I felt helpless. Once again, just like the day I was arrested, I felt powerless to fight against an omnipotent and unjust system. I felt that fighting the mighty Department of Correction was futile and would only bring more threats and retaliation from prison officials. But, after much encouragement, Jen, Lisa, and my family convinced me that I needed to stand up for myself and for what was right. I was “encouraged,” against my initial trepidation, to file a civil liberties complaint in federal court.

Attorney Sonja Deyoe, “The Straight Shooter”

So I did. After I filed, it was posted to the website and Facebook pages. It caught the attention of Sonja Deyoe, a well-respected and talented civil rights lawyer out of RI known as “The Straight Shooter.” She offered assistance if needed. When the court allowed me to proceed in forma pauperis, we reached out to Sonja and she immediately responded with an offer to represent me in this battle with the DOC; and, most amazingly, she offered to waive all her fees. I was in shock. Her kindness and altruistic offer blew me away. Sonja promptly came to the prison to meet with me and in a confident tone told me, “I stand up for what’s right. It’s what I do.” She immediately notified the court and the DOC lawyer that she would be representing me in this civil action again the prison officials that violated my rights. Stay tuned to see what happens next…

In closing, once again, I hope for a happy new year for all. I feel in my heart that this will be the year of truth and what is right. It will be our year. But for now we will take it one day at a time. After all, every day brings us One Day Closer.

Brian