USA v. Reid

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-057-01-JD
Gordon Reid
SEALED ORDER
Defendant moved for ex parte relief concerning access to
telephone, visitation, access to legal materials and prompt
posting and delivery of mail. The court held a hearing at which
the defendant and senior officers from Strafford County House of
Corrections testified.
Defendant testified that his attorney, investigator and one
expert experienced delays of five (5) days in receipt of mail and
that he had some delays in receipt of legal mail. The
Superintendent and Captain McPherson testified that with the
exception of Saturday mail and late day receipt mail all of
Reid’s legal mail is mailed the same day he delivers it to guards
and/or receives mail. The prison keeps a log of his mail which
is an exhibit. I find that defendant has been afforded prompt
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1Defendant says that mail has not been an issue lately in
any event.
2Reid understands he will be moved in cuffs and shackles.
The calls will not be monitored but will be placed only to
persons on the list who are witnesses, experts, counsel or the
investigator.
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and effective mail service by the prison.1
Defendant asserts that he is being given insufficient
telephone access, which he claims he needs for legal calls.
Defendant was placed in administrative segregation in April for
an alleged assault on another inmate. While in that status, he
is not permitted to make legal calls out. The prison has agreed
that he may make up to three “legal” calls per day out until
trial next week.2 With respect to defendant’s receipt of legal
calls, I find that defendant is and has been permitted legal
calls to him. Due to the system some experts have hung up due to
prolonged cell block connection time. The short period the phone
was broken was resolved when the Superintendent had the phone
fixed the same day Reid complained.
I find Reid and the prison miscommunicated on visitation.
While maximum security prisoners only have legal visits the
Superintendent directed that Reid could be visited by any
witness, expert, investigator or lawyer involved on his criminal
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case. Reid now understands this.
The log of access to law materials demonstrates that
defendant has had very substantial and constitutionally
sufficient access to law materials.
The motion is granted in part as set forth above, is moot in
part and is denied in part.
SO ORDERED.
____________________________________
James R. Muirhead
United States Magistrate Judge
Date: July 12, 2006
cc: Michael J. Iacopino, Esq.
Gordon Reid, pro se
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