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Inmate Blog Entry: Friday, June 1 2012

Inmate Blog Category: Donations


Douglas Arey's Profile
Age: 64
Location: Jessup, MD
Total Blog Entries: 4
DONATIONS

Please do not send any donations unless you read and understand this donation blog.  Maryland’s prison rules provide that you cannot send any donations to any prison address.  If you fail to read this blog, you will be donating your money to some Maryland State employee.  If you want to donate money to my commissary account I will send you copies of news articles and instructions on how to prevent your money from going astray and not reaching me.  However I would much rather that you just write me and ask how you can help.  For example, I may want to update my WriteAPrisoner.com web site and, instead of sending me money, I could send you an updated blog and you could pay for it to be posted on WriteAPrisoner.com.  As another example, I may need a court case, a copy of a legal document or archive article from a newspaper and I could write the letter to the court clerk, newspaper archive or other entity and send it to a friend who wants to donate and have the legal document, or book, or newspaper article sent to me.  This eliminates the average of a month to six weeks it takes for the state prison system to process and credit an account with those monetary donations that do not disappear into the abyss and thus eliminates the need to complain about the loss, mishandling or “oversight” in failing to deposit monies into a prisoner’s account.  Another example – I donate to or support various charities.  For example, you could make a donation in my name to prisoncongregationsofamerica.org or other Internal Revenue Service 501(c)(3) charities, which I support and of which I can advise you.  I don’t need or want any trouble with the prison administrators or correctional officers – my fight is exclusively with the corruption, injustices and inequities in the courts, where there is no respect for the “rule of law” and no truck with examining a clear case of noble cause correction when courts review the case of an indigent prison – it is only when a Maryland prisoner can afford a lawyer, for $15-30,000 or so for a case in this State, or is fortunate enough to be represented by an honest Assistant Public Defender or panel attorney (as I have been blessed with on occasion), that the “rule of law” suddenly becomes germane in Maryland.

Inmate Blog Entry: Friday, June 1 2012

Inmate Blog Category: Religion


Douglas Arey's Profile
Age: 64
Location: Jessup, MD
Total Blog Entries: 4
RELIGIOUS BLOG

I was raised Lutheran and still prefer to associate myself with the Lutheran Church.  However there is not Lutheran Church service where I am housed so I attend the Faithful Flock of Calvary, Seventh Day Adventist Church in this prison.  However, let me say a number of things about religion.  First, Martin Luther would be horrified if he knew there was a church named after him – his intention was merely to bring the Catholic Church back to the Holy Bible, to have the church comply with the Scriptures, to eliminate the selling of relics and other activities never sanctioned in the Bible.  So, in effect, the Lutheran Church is just a reformed branch of the Catholic Church.  Among other things, as a Lutheran, I read the entire Bible twice as a young adult; when I was around 10-11 and I took two years of Confirmation classes, with regular tests, as required of all Lutherans and graduated in 1964.  I was elected Vice President of the Luther League at Christ Lutheran Church in 1963-1965, then attended a week long Luther Leadership program at Gettysburg College and then elected Vice President of the Potomac Area Luther League (32 congregations) in 1965-66.  However I was unable to fulfill that position as I instead transferred to and graduated from a Lutheran high school, Augustana Academy, in Canton, South Dakota, in 1965-66, where I was again elected Vice President of the Luther League and took World Religions in my senior year and so was exposed to some of the basics of many other religions.  Over the decades I have helped found several Lutheran congregations inside the Maryland prison system. 

Second, I was primarily raised in Chevy Chase, Maryland so I was exposed to a wide number of religions and have no religious prejudices.  Our next door neighbors were devoted Catholics and, in a spirit of ecumenism, our family on occasion attended their Mass service at their Catholic Church.  I have a number of devoted Catholic friends to this day: 1) A Father at Loyal University, 2) a Father who retired from America magazine, where he was a writer, 3) a retired nun who lives in Pennsylvania and 4) a devoted Catholic friend who lives in Connecticut.  For decades I have received and read the Catholic Worker and for years I have received and read America magazine.

Third, I had numerous Jewish classmates and my father had many Jewish friends and contacts and their extensive influence permeated the life of our family.  One was our family attorney for four plus decades and the accountant for our family business was like a beloved uncle to me.  I still laugh when I think of his jokes as he chomped on his cigar, wheeling around in what seemed like a new Chevy Impala every year, filling me in on the facts of life as we went traveling to different construction sites.

Fourth, I have been affiliated with a number of other churches over the years; for example, when I went to Hargrave Military Academy.  There was no local Lutheran Church in town so my mother advised me to attend the Episcopal Church while I was at that school.  She said the Episcopal and Lutheran churches are essentially the same and these churches have now joined ot recognize each others’ communion and related practices.

Fifth, I have attended many seminars or workshops on meditation, etc.; some even lead by world renowned Buddhist monks.  My experiences in this area are even found in a book, Impressions Of Thich Nhat Hahn, Be Free Where You Are, Parallax Press, Copyright 2002, at pages 67, 68 and 69.

Finally, I have had almost 40 years exposure to Imams and leaders and people of such faiths as Muslims, Nation of Islam and many other religions predominant within the prison system.  While at the Maryland Penitentiary in the 1980’s I read the entire Koran during their Ramadan feast period one year.  I have found the many similarities between the Torah, the Bible and Koran to be fascinating and believe it is clear we all worship one and the same God.

I am not and have never been judgmental about any religion and any libel or slander to the contrary is solely in the imagination of anyone who makes this false claim.  My mother was in Germany when Hitler’s unfathomable rise to power was so obvious it scared my grandparents  - they foresaw World War II coming – and they compelled my mother to escape Germany in 1938, before the doors shut forever.  Accordingly I have always been conscious of and kept myself from succumbing to the blatant prejudices and hurtful comments made by many people who have never been blessed to be exposed to many people of different faiths.  My point is that, no matter what your religion or your lack of religion, or even atheism, you may feel free to write without fear of thoughts that I am discriminatory in any manner.

Inmate Blog Entry: Wednesday, July 18 2012

Inmate Blog Category: Legal


Douglas Arey's Profile
Age: 64
Location: Jessup, MD
Total Blog Entries: 4
MARYLAND COURT RULING

Breaking news about legal rights for all persons convicted in Maryland by a jury. Every WriteAPrisoner.com subscriber and reader needs to know that a new Maryland court decision may affect your legal rights. In a seminal decision, Maryland's highest court found the century-old provision in the Maryland Declaration of Rights, Article 23, that the jury is “judge of the law" as well as the facts, was unconstitutional. On page 35 of the slip opinion (Merle Unger v. State, September Term 2009, case # 111), the court said: "those portions of the Court’s Stevenson, Montgomery and Adams opinions, holding the interpretation of Article 23 in Stevenson and Montgomery was not a new constitutional standard, were erroneous and are overruled," and on page 5 The Court held: "the Stevenson and Montgomery opinion substantially changed the state constitutional standard embodied in Article 23. Accordingly, failure to object to advisory only jury instructions in criminal trials prior to Stevenson will not constitute a waiver." Thus, every person tried in the Maryland courts, by a jury, before December 17, 1980, was tried under the practice of "advisory jury instructions," in violation of the United States Constitution, and now has the right to file for new trial. This case means I will be released from prison within the next year. It also means if you are convicted of a Maryland crime, by a jury, in the 1970’s or earlier, you should contact a lawyer to determine what your new legal rights are under the Unger decision.
Inmate Blog Entry: Monday, November 19 2012

Inmate Blog Category: Legal


Douglas Arey's Profile
Age: 64
Location: Jessup, MD
Total Blog Entries: 4
UPDATE

On October 19, 2012 I went to court for yet another hearing on the decade-long fight to have the physical evidence in my case given DNA testing for my exoneration and a number of interesting things occurred, some good and some disturbing My counselor, Chief of the Felony Trial Division of the Office of Public Defender, visited me twice in the Clarence Mitchell Courthouse bullpen and informed me that 1) the judge’s court docket was backed up, 2) Baltimore City Circuit Court Clerks claim they could not locate my case files, 3) County Clerks claim they could not locate the witness summons for the forensic technician who was summoned to court to answer questions about the testing claimed to have been done prior to my 1974 trial. In the absence of the court files and record of the witness summons for the forensic technician, my attorney had wonderfully preserved an original copy of the witness summons she had issued and it was time stamped and dated as received by the Office of the Court Clerk so that there was no way that any chicanery by the Clerk's Office in “misplacing” the witness summons or my files would preclude relief. The state witness summoned had responded to my attorney by e-mail that he was going to ignore the witness summons so this clearly demonstrates that he knew his perjury have been discovered and he wanted to keep his distance from any court or judicial hearing. In an abbreviated hearing to accommodate the judge’s over crowded docket on a late Friday evening, my case was scheduled for another DNA hearing on January 31, 2013 and warning was provided that if the witness summons is again ignored by the forensic technician he would be arrested and held in contempt. During my time in the court house I was provided an oral message and an attorney from the Appellate Office of the Public Defender had personally visited my DNA counselor and informed her that he was working on my case on the advisory jury instruction (Unger) issue and he made reference to my pending pro se motion to recall the 2003 mandate on this very issue in the Court of Special Appeals. Since I had never informed the Appellate Office of the Public Defender about this it clearly shows both 1) that my pro se affidavit motion has garnered attention and 2) that the Appellate Public Defender was sincerely working on my case. The truly disturbing news however was that, upon my return to the Jessup Correctional Institution, I learned from the October 19, 2012 Daily Record that my attorney had been moved from the Baltimore City Office of the Public Defender to the Baltimore County Office, which throws into question whether my case will once again be postponed or delayed and whether I will have to find a new attorney to handle my case. My DNA case is over already over a decade old and it had already been over a year since I won the Court of Appeals in Areyv. State, 422 MD 328 (2011) and there just seems to be a never ending series of problems as to obtaining a serious search for the physical evidence for DNA testing, but the good news is that the Office of the State's Attorney must now, finally, make a good-faith effort to find the evidence for my new trial, guaranteed under the Unger decision that all Maryland jury trials prior to December 17, 1980 were unconstitutional! Finally I was astonished to learn that there have been around 8000 profile views and my poem was judged one of the tops but I've received just one e-mail in all these months. She left no snail mail address for me to write and I must be in one of the states that WriteAPrisoner has designated as unfriendly to the service, given that out of some 8000 profile views I'm sure more than one e-mail has been sent to me and I just haven't been receiving them! Sincerely yours, Douglas Scott Arey




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