The Newsletter of North Carolina Prisoner Legal Services, Inc.

NCPLS

Volume IV, Issue 4, December 2004

ACCESS

BLAKELY: IMPACT ON NORTH CAROLINA
By Billy Sanders, CLAS; Commissioner
N.C. Sentencing & Policy Advisory Commission

In the last edition of ACCESS, we
reported the decision of the United
States Supreme Court in Blakely v.
Washington, 542 U.S. ___ , 159
L.Ed.2d 403, 124 S.Ct. 2531
(2004). In that report, we briefly
discussed the potential impact of
the Blakely case on sentencing in
North Carolina. In the most recent
legislative session, the North Carolina General Assembly enacted
Senate Bill 1152, which required
the North Carolina Sentencing and
Policy Advisory Commission to
study the North Carolina Structured Sentencing Act in light of the
holding in Blakely, and to report
its findings and recommendations,
including any proposed legislation,
to the 2005 General Assembly.

prior convictions) that increases
the defendant’s maximum sentence
beyond the statutory maximum
must be heard by a jury and proven
beyond a reasonable doubt.
In some jurisdictions, a criminal
defendant may waive the right to a

On December 3, 2004, the North
Carolina Sentencing and Policy
Advisory Commission approved a
recommendation on changes to the
Structured Sentencing Act to
comply with Blakely and submitted
proposed legislation for the consideration of the General Assembly.

jury trial and leave such determinations to the judge. That was not the
case in Washington State, where
the Blakely case originated, and it
is not the case in North Carolina.
The North Carolina Constitution
provides that “No person shall be
convicted of any crime but by the
unanimous verdict of a jury in open
court.” N.C. Const., Art. I, §24.

In essence, Blakely held that aggravating factors other than a prior
conviction must be proven “beyond
a reasonable doubt” as determined
by the trier of fact. This decision
followed Apprendi v. New Jersey,
530 U.S. 466 (2000), in which the
United States Supreme Court held
that any fact (again, except for

Prior to Blakely, North Carolina
procedures did not require the submission of the facts necessary to
prove aggravating factors to a jury
to be found beyond a reasonable
doubt. Instead, such determinations were routinely made by the
trial judge, who decided whether it
was more likely than not (by a

“preponderance” of the evidence)
that a particular factor (aggravating
or mitigating) was present. If a
criminal defendant was found
guilty or pled guilty to a felony, the
judge would consider evidence as
to any aggravating or mitigating
factors. Depending upon the
judge’s determination, a criminal
defendant could be sentenced at the
mitigated range, the presumptive
range, or the aggravated range, in
accordance with the class of the
offense and the prior record level
of the defendant. The presence of
aggravating factors often led to a
sentence in the aggravated range.
Conversely, the presence of mitigating factors could result in a
sentence in the mitigated range.
When there were no aggravating
or mitigating factors, or when both
were present but were given equal
weight by the judge, a presumptive
sentence was imposed.
(Continued on Page 3)

In This Issue:
Blakely: Impact on North Carolina

1

NCPLS Welcomes Michelle Cofield
to the Board of Directors

2

Expanding Volunteer Opportunities

4

The Liberating Power of
Communication

5

Update on RDM Legal Research

6

DOC Settles “Failure to Protect”
Claims

7

NCPLS ACCESS

Page 2
ACCESS is a publication of North
Carolina Prisoner Legal Services,
Inc. Established in 1978, NCPLS is a
non-profit, public service organization.
The program is governed by a Board
of Directors who are designated by
various organizations and institutions,
including the North Carolina Bar
Association, the North Carolina
Association of Black Lawyers, the
North Carolina Association of Women
Attorneys, and law school deans at
UNC, Duke, NCCU, Wake Forest and
Campbell.
NCPLS serves a population of more
than 33,500 prisoners and 14,000 pretrial detainees, providing information
and advice concerning legal rights and
responsibilities, discouraging frivolous
litigation, working toward administrative resolutions of legitimate problems,
and providing representation in all
State and federal courts to ensure
humane conditions of confinement and
to challenge illegal convictions and
sentences.

Board of Directors
President, Fred Williams, Esq.
Jim Blackburn
Representative Alice L. Bordsen
Michelle S. Cofield, Esq.
James A. Crouch, Esq.
Dean Ronald Steven Douglas
Barry Nakell, Esq.
Susan Olive, Esq.
Professor Grady Jessup
Gary Presnell, Esq.
Professor Ronald F. Wright
Executive Director
Michael S. Hamden, Esq.
Editor
Patricia Sanders, CLA
PLEASE NOTE: ACCESS is published

four (4) times a year.

Articles, ideas and suggestions are
welcome: tsanders@ncpls.org

Volume IV, Issue 4, December 2004

NCPLS WELCOMES
MICHELLE COFIELD
TO THE BOARD OF DIRECTORS
The North Carolina Bar Association (NCBA) recently designated
Michelle S. Cofield to the NCPLS
Board of Directors. Ms. Cofield,
who serves as the Director of
Public Service and Pro Bono
Activities for the NCBA, is a 1991
graduate of the law school at the
University of North Carolina. As
an attorney deeply committed to
social justice, Ms. Cofield worked
for a number of years providing
direct legal services to indigent
people through North State Legal
Services, Inc., located in Hillsborough, North Carolina. Beginning
in November of 1995, Ms. Coflied
accepted a position as Assistant
Dean of Students at UNC Chapel
Hill. In the autumn of 1998, she
joined the staff of the NCBA. In
her capacity as Director of Public
Service and Pro Bono Activities,
she guides the Bar Association’s
efforts to ensure equal access to
justice for all North Carolinians;
she provides support for lawyers
engaged in all kinds of public service activities; and she coordinates
efforts to utilize volunteer attorneys
in the delivery of civil legal

Michelle S. Cofield

services across the state. Indeed,
as we report in this edition of
ACCESS, Ms. Cofield has been
instrumental in helping NCPLS to
further develop our volunteer program, and in strengthening our ties
to the North Carolina Bar Association.
As a member of the Board of
Directors, Ms. Cofield will join
representatives of the law schools
at UNC, Wake Forest, Duke and
Campbell; designees from the
Southern Prisoners’ Defense Committee, the North Carolina Association of Black Attorneys, and others
to set policy and provide governance for NCPLS.

NCPLS ACCESS

Volume IV, Issue 4, December 2004

Page 3

BLAKELY (CONTINUED)
(Continued from Page 1)

Aggravated sentences that were
imposed in North Carolina after
Blakely was decided may be subject to challenge. Of course, a
defendant can always admit the
aggravating factors. But where
aggravating factors were not
admitted by the defendant but
were instead determined by the
judge, the defendant may be entitled to a new sentencing hearing
under Blakely. Because the law
is unsettled and North Carolina’s
Structured Sentencing Act appears
to be inconsistent with the Blakely
ruling, the General Assembly
turned to the Sentencing and Policy
Advisory Commission, seeking
analysis and recommendations.
There are 19 statutory aggravating factors set out in N.C. Gen.
Stat. §15A-1340.16(d). In addition, N.C. Gen. Stat. §15A-1340.16
(d)(20) permits the imposition of
an aggravated sentence when the
judge determines there is present
“[a]ny other aggravating factor reasonably related to the purposes of
sentencing.” This type of aggravating factor is referred to as a “nonstatutory aggravating factor.”

The Commission’s report to the
General Assembly contains recommendations for several changes:
1) The Commission recommended
that state prosecutors notify criminal defendants of their intention to
seek an aggravated sentence based
upon a statutory aggravating factor,
specifying the statutory aggravating factor involved, ten days prior
to trial;
2) The Commission recommended
that the trial of aggravating factors
take place simultaneously with the
trial of the criminal offense, unless
a separate trial on the aggravating
factor is in the interest of justice;
and
3) The Commission recommended
that non-statutory aggravating factors be alleged in the indictment.
4) The Commission further recommended that aggravating factors be
submitted to a jury and be proven
beyond a reasonable doubt.
With its recommendations, the
Sentencing and Policy Advisory

Commission submitted proposed
legislation to effect the necessary
changes in law. However, the
General Assembly is not required
to adopt the recommendations or
enact the proposed legislation.
Although the Commission’s recommendations are sound and seem to
comply with the requirements of
Apprendi and Blakely, the Legislature may choose a different course
of action.
Most prisoners in North Carolina
are not likely to be affected by the
mandates of Apprendi and Blakely.
It does not seem that those legal
principles will apply to convictions
or sentences imposed before the
decisions were announced. Moreover, even if applied retroactively,
Blakely would affect only aggravated sentences. Data gathered by
the Sentencing and Policy Advisory
Commission reveal that only 7%
of all those incarcerated in North
Carolina received aggravated sentences.
Further developments will be
reported in future editions of
ACCESS.

Christmas Thoughts
May you have the gladness of Christmas
‘Twas Christmas broach’d the mightiest ale;
which is hope;
The spirit of Christmas which is peace;
The heart of Christmas which is love.

‘Twas Christmas told the merriest tale;
A Christmas gambol oft could cheer
The poor man’s heart through half the year.

- Ada V. Hendricks

- Sir Walter Scott “Marmion”

Blessed is the season which engages the whole

At Christmas play and make good cheer,

world in a conspiracy of love.

For Christmas comes but once a year.

- Hamilton Wright Mabi

- Thomas Tusser “The Farmer’s Daily Diet

NCPLS ACCESS

Page 4

Volume IV, Issue 4, December 2004

EXPANDING VOLUNTEER OPPORTUNITIES
For many years, NCPLS has enlisted the aid of law students and
college students to assist in the provision of services to North Carolina
inmates. NCPLS is working to
expand its volunteer program to
include attorneys (to help provide
legal services) and high school
students (to help out in the office).
For the past seven years, Senior
Attorney Letitia Echols has coordinated both our Intern and Volunteer
Programs; recruiting, training, and
supervising student interns and
volunteers.
Law students serve as full-time
interns during the summer, conducting legal research, drafting
legal memoranda, interviewing
clients, providing file management
support, and performing various
other duties. During the year,
students from local colleges and
universities volunteer time and earn
academic credit in criminal justice,
sociology, and paralegal programs.
These students generally work 100
to 120 hours per semester. Over
the past few years, interns and
volunteers have provided literally
thousands of hours of service to
NCPLS and its clients.
Among those who have worked
as interns or provided volunteer
services at NCPLS, we have sometimes recruited additions to our
staff. For example, Senior Attorney Elizabeth Raghunanan served
as a summer intern before joining
our staff. Now, in addition to her
duties as supervisor of family law
services and the Safe & Humane
Jails Project, Ms. Raghunanan
assists Ms. Echols in coordinating
the Intern Program. Similarly, Ms.

Kim Church, who volunteered her
time as a college student, joined
our staff as a full-time paralegal
immediately following her graduation last spring. Most recently,
Attorney Janine M. Zanin came to
us as a volunteer. She immediately
demonstrated knowledge and skills
that would make her an excellent
addition to our staff. Ms. Zanin
recently accepted a position as a
Staff Attorney with NCPLS.
Because of the outstanding and
cost-effective services our clients
have received, we are working to
broaden our base of volunteers.
Working with Certified Legal
Assistant Yvonne Lewis, Ms.
Echols and NCPLS are partnering
with the North Carolina Bar Association (NCBA) to create opportunities for attorneys to volunteer to
assist our clients. Ms. Lewis and
Ms. Echols recently attended the
North Carolina Pro Bono Coordinator’s Institute sponsored by the
N.C. Bar Association. At the twoday training event, coordinators
from legal aid agencies, private law
firms, and all five of North Carolina’s law schools saw presentations
on outstanding pro bono projects.
The NCBA’s Director of Public
Service and Pro Bono Activities,
Ms. Michelle Cofield, provided a
wealth of information on strategies for recruiting and retaining pro
bono attorneys and volunteers.
With the support of the NCBA,
Ms. Echols and Ms. Lewis will
plan training and awareness events
that will eventually reach attorneys
throughout the state. We are calling upon local attorneys to assist us
with investigations and to appear at

court proceedings across the state
to vindicate our clients’ rights.
On another front, we’re recruiting
the help of young people. One of
our newest staff members, Paralegal Sharon Donelli, is working with Ms. Echols to develop
and coordinate an externship and
volunteer opportunities for high
school seniors. Ms. Donelli, who
has directed job-shadowing and
volunteer programs involving high
school students in the past, has
identified local high schools with
volunteer programs in place and
is developing relationships with
their volunteer coordinators. High
school students will assist with
office functions such as filing, sorting and scanning mail, and otherwise assisting as needed. NCPLS
expects its first extern to begin in
the spring of 2005.
Pro Bono attorneys, volunteers,
summer interns, and semester
externs increase our ability to
provide timely and effective legal
services. But recruitment and
coordination take time, diligence,
and the investment of resources.
The pay-off? An opportunity to
educate others about the hardships
of incarceration, the criminal law,
and the limited civil protections
afforded prisoners. Those efforts
may eventually increase public
awareness and bring about a more
rational system of justice. In the
meantime, volunteers will help us
to provide more extensive services
in a more timely fashion. And, as
we know from experience, among
those volunteers will come some of
the most creative, committed, and
effective advocates of tomorrow.

Volume IV, Issue 4, December 2004

NCPLS ACCESS

Page 5

Editor’s Note: The following article, “The Liberating Power of Communications” follows a series of articles by Inmate Michael G.
Santos. They have been republished in ACCESS by permission of the author. Mr. Santos was convicted of drug distribution and sentenced to serve 45 years in Federal prison. He is scheduled for release in 2013. While in prison he has earned Bachelors and Masters
Degrees. He has also written three books available for review and purchase on his web site: www.MichaelSantos.net. Although Mr.
Santos does not have direct access to the internet, he can be reached by email at: info@MichaelSantos.net. Mr. Santos can also be
reached by writing to him at the following address: Michael G. Santos (Reg. No. 16377-004), Federal Correctional Institution – Florence, Teller 6-212, P.O. Box 5000, Florence, CO 81266-5000.

THE LIBERATING PByOWER
OF COMMUNICATIONS
Michael G. Santos
Making the bad decisions that can
lead a man to prison is easy. Any
fool can do it. It is not so simple
for those who serve time in prison
to develop values and skills that
will ensure they never return to
confinement after their release.
Such a commitment requires a sustained personal effort.
These facilities are built to warehouse human beings. The
high recidivism rates make
clear that administrators
place little value or emphasis
on preparing prisoners to
lead productive, contributing
lives. Those prisoners who
choose to succeed must
prime themselves to overcome the obstacles and
challenges that will confront
them once they complete
their terms.
A comprehensive selfimprovement program
should include efforts to become a
more polished speaker and writer.
Developing strong communication
skills while serving time may
require a concentrated effort, but
those who invest the time and
energy to advance their eloquence
will reap rewards for the rest of
their lives.
Prisons are closed communities,
herding together vast amounts of

people with substandard education
levels. They tend to stifle a man’s
ability to communicate effectively.
It seems that prisoners punctuate
every sentence spoken inside these
fences with profanity or vulgar
analogies. Few prisoners make an
effort at eloquence because such an
art has no value inside prison. As I
described [in my last] column,
losers distinguish themselves in

prison through the ready and agile
use of violence. Those who choose
to emerge from these vicious
circles of failure might consider
devoting a few hours each week
toward the productive goal of
developing a fluency and facility
with language.
Prisoners may begin efforts to
amplify their oratorical skills by
working to enrich their vocabulary.

Languages today are extremely
advanced, comprising over one
million words. People who understand the power of persuasion recognize that the more words at their
command, the more effectively
they will communicate. Competent
communicators will not use the
most complicated words to convey
their thoughts, but rather use the
best words to help others understand their sentiments. By
learning to use words and
language gracefully, people
enhance their ability to
motivate and inspire others.
Those skills provide a power
that can serve a prisoner
well throughout his life, and
will prove themselves especially helpful when communicating with prospective
employers upon release.
Building a vocabulary is not
difficult, but it does require
a consistent effort. I began
struggling to enrich my
adroitness with words out of necessity. At 23 I was sentenced to 45
years, and unless I became a better
communicator, I knew that it would
be only a matter of time before my
language skills deteriorated. If
they did, I expected that I would
find it even more difficult to find
acceptance in the broader society.
(Continued on Page 6)

NCPLS ACCESS

Page 6

Volume IV, Issue 4, December 2004

UPDATE ON RDM
LEGAL RESEARCH SERVICES
By Staff Attorney Ken Butler

Over the past two years, NCPLS
has reported on various groups and
individuals that solicit business
from inmates by promising remarkable results through legal or administrative proceedings. Several of
these entities have been investigated by the N.C. State Bar for the
unauthorized practice of law. One
such individual was Richard D.
Meares, operating as RDM Legal
Research Services, out of Mount
Airy, North Carolina.
On October 25, 2004, Mr. Meares
was convicted of 10 counts of mail
fraud and two counts of wire fraud
in the United States District Court

for the Middle District of North
Carolina. These federal criminal
convictions stemmed from cases
in which Mr. Meares told inmates
or their families that he had political connections through whom
he could obtain a commutation or
pardon for an inmate. The cost for
the proffered service was $15,000
or more, and one inmate reportedly
paid $30,000.00. (However, the
individual that Mr. Meares identified as his political contact denied
involvement with any attempts
to obtain executive clemency for
inmates.) Mr. Meares provided
a written guarantee that if the

inmate were not released within six
months, Mr. Meares would refund
the fee. Although Mr. Meares did
not succeed in obtaining a single
commutation or pardon, no refunds
were ever paid to an inmate or
family member.
In addition to the federal criminal
conviction, Mr. Meares is also subject to a state court civil judgment
to repay more than $600,000 he
received in payment for promises
of clemency. He will be sentenced
on the federal criminal charges at a
hearing on January 24, 2005. Mr.
Meares was allowed to remain on
bond until his sentencing hearing.

POWER OF COMMUNICATIONS
(CONTINUED)

(Continued from Page 5)

I remember the inadequacy I felt
when reading. Every paragraph
was replete with words that I did
not understand. Like “replete.”
Had I come across that word during
the beginning of my term, I would
have stumbled. Or if someone
used words in conversation that I
did not understand, I somehow felt
inferior.

persuasion. As I consulted my
dictionary, and committed new
words to memory, I would look for
opportunities to use my new tools
appropriately when speaking or
writing. In many ways, I expected
those words to become my arsenal
of secret weapons to help me win
the battles that follow a criminal
conviction.

The dictionary became my favorite
book. I relied upon it to help me
understand the beauty of words,
because I knew those words would
help me develop the power of

Now that I am in my 17th year of
this sentence, I feel more comfortable in my ability to use language.
But I continue working to develop
my skills every day. Writing helps.

It helps me compose my thoughts
in sentences and paragraphs, gives
me more confidence as a thinker
and as a man. Because of the communication skills I have developed,
I no longer see myself as only a
prisoner. I am also someone who
strives to contribute to the lives of
others. By interviewing prisoners
and writing books about prisons
and the people they hold, I provide
readers with a glimpse inside these
abnormal communities behind
fences. This activity adds meaning
to my life, and I hope it makes a
contribution to society.

NCPLS ACCESS

Volume IV, Issue 4, December 2004

Page 7

DOC SETTLES “FAILURE TO PROTECT” CLAIMS
By Staff Attorney Michele Luecking-Sunman

Five prisoners were recently vindicated when their claims of mistreatment were reviewed by DOC and
settled. Our clients were housed in
a segregation unit with numerous
other inmates. A dispute among
the prisoners escalated and led
to a brutal assault on our clients.
Although an officer was stationed
Michele Luecking-Sunman
within view of the incident, the
officer failed to intervene and our
informal conference would be
clients suffered serious physical
advantageous to all parties. It
injuries, as well as emotional and
offered the opportunity for our
mental distress.
clients to communicate their experience, share their concerns, and
Although they suffered tremenmake their requests for improved
dously from their experience and
were reluctant to report the matter, security known. It also provided
an avenue for a quick resolution of
our clients wanted to prevent
the case without forcing our clients
assaults on other prisoners and so,
contacted NCPLS. In the spring of to relive the painful experiences
they endured repeatedly through
this year NCPLS investigated the
incident and contacted attorneys for protracted litigation.
the DOC regarding the matter.
Throughout September and October, NCPLS attorneys spoke with
On behalf of the DOC, the Attorrepresentatives of the Attorney
ney General’s Office proposed a
General’s Office and counsel for
conference to explore settlement
the DOC, in-person and via telepossibilities. NCPLS and our
phone. The NCPLS attorneys preclients agreed that this type of

sented facts and evidence gathered
in the investigation, all of which
substantiated our clients’ claims
and documented their injuries. The
DOC offered monetary compensation to each of our clients in an
amount sufficient to compensate
them for all of their injuries. Additionally, the DOC offered to enter
into a written commitment to provide better security at the segregation unit.
Our clients accepted the settlement
offer in full settlement of their
claims. Although no amount of
money could undo the harm that
our clients suffered, DOC’s commitment to take steps that will help
to prevent similar assaults will
benefit our clients and many other
prisoners.
[Editor’s note: Specific details regarding the identities of victims, assailants,
witnesses, and officers, as well as other
information from which such information
could be ascertained or inferred, has been
withheld in an effort to protect the privacy
of our clients.]

More
Christmas Thoughts
L

et Us Keep Christmas
Whatever else be lost among the years,
Let us keep Christmas still a shining thing;
Whatever doubts assail us, or what fears,
Let us hold close one day, remembering
It’s poignant meaning for the hearts of men.
Let us get back our childlike faith again.
- Grace Noll Crowell

A

lovely thing about Christmas is that it’s compulsory, like a thunderstorm, and we all go through
it together.
- Garrison Keillor

A turkey never voted for an early Christmas.
- Irish Proverb

THE NEWSLETTER OF NORTH CAROLINA
PRISONER LEGAL SERVICES, INC.
224 South Dawson Street
P.O. Box 25397
Raleigh, NC 27611
Phone: (919) 856-2200
Fax: (919) 856-2223
Email: tsanders@ncpls.org

Visit our website at:
http://www.ncpls.org