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It Makes No Sense
August 6, 2009
The Honorable Governor Deval Patrick
Statehouse
Boston, MA
Dear Governor Patrick,
I have written to you in the past and, I am sad to report, have
received absolutely no response to my request for your attention to a
matter, quite literally, of life and death.
I am writing to you again concerning a man who for over 37 years has
been a resident of your state's prison system, serving a sentence of
life without parole, even though there was, by the trial judge's own
admission, no witness and no physical evidence against him. How can that be?
I am writing to ask you how it can possibly serve the interest of the
people of Massachusetts to pay taxes to continue to imprison a man who
has served more time incarcerated than most murderers do who have
admitted they are guilty. I don't understand where the justice is or
how it makes any sense to continue to detain someone who is no threat
to society. I don't understand detaining someone at the taxpayers'
expense when an alternative exists that would cost the state
absolutely nothing.
I am speaking of Mr. Joe Labriola, now detained at the Medium Security
Institution in Shirley, Massachusetts. He is a former Marine, veteran
of the Vietnam conflict, and multiply decorated for bravery for his
time in the service. He was accused of murdering a man who was a drug
dealer and known police informant. Joe will freely admit that he
knew the victim and had made a marijuana deal with him on the day he
was murdered. What Joe wholeheartedly denies — even after all these
years — even though a change of plea could quite possibly free him
from prison — is that he killed the man. I believe him.
A lot of other people believe Joe is innocent also. Some of those
people are willing to guarantee Joe a home with food, medicine, and
hospice care so that he can live what little time he has left with
compassion and dignity. Something he earned a long time ago but has
never received. It seems obvious to me and to so many others that Joe
was convicted solely due to the fact that he was a Vietnam veteran at
a time when our country was propagandized into suspecting them all of
being crazy "baby killers." As I said, there was no physical evidence in this
case.
Last year, Joe put in a petition for a hearing to be considered for a
mercy commutation of his sentence. He is in the later stages of
emphysema, requiring oxygen and a wheelchair. He also suffers from
shrapnel wounds he received from his experiences in the battlefield.
Joe's petition was denied because he had been the unwitting (and
unwilling) recipient of a dose of methadone that had been slipped into
his coffee by another prisoner. The guards caught wind of this "joke"
and brought Joe in for a urine sample, which he gave freely believing
himself to be free of any substance. The test came back positive and
Joe was put into segregation. Joe received a disciplinary report even
though the perpetrator of this "joke" signed an affidavit stating that
he had done it and that Joe knew nothing about it. The prison's
response is that because the control substance was found in Joe's
urine, that made him in possession of a controlled substance. Catch
22.
As is all too often the case with people in similar situations, Joe
"copped a plea" pleading guilty to the charge so he could get out of
segregation for time served and get back to the medical care he
desperately needs. His petition for a hearing was turned down because
he had received a disciplinary action.
It has also been held over him that over the course of Joe's time in
prison he tried to escape. Wouldn't you? If you were an innocent man
with a life sentence with no chance at parole, wouldn't you grab any
opportunity to make a run for it and try to make a life outside of
prison? Or would you just hang yourself as so many others have done or
died trying to do? From what I hear, there's a lot of that going
around in the Massachusetts state prison system. Why is that? I
believe it is absolute hopelessness.
I am writing to you about just one prisoner, my friend Joe, because I
hope you will care to find out more about his situation. You can find
out more by going online and checking out a website put together by
friends of Joe. That website (www.freejoelab.com) contains testimony
from people who have direct knowledge of the facts of this case.
I hope you will assign someone to look into this matter and that you
will help to get Joe the justice he deserves. I am available to talk
with you should you choose to call me. Thank you for your time and
attention. I expect and look forward to hearing from you or a
designee.
Sincerely,
Joyce Katzberg
Warren, RI 02885
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