Calvin R. Edward
Regional Director
Federal Bureau of Prisons
U.S. Customs House 7^th Floor
2^nd & Chestnut Streets, Philadelphia, PA 19106

Michael R. Bromwich
Inspector General
Department of Justice
Tenth Street & constitution Avenues NW
Washington, DC 20530

RE: U.S. Violates Rights of Pan Am 103 Witness

Dear Mr. Edwards and Mr. Bromwich:

We write in duplicate originals to formally set forth the civil rights claims against the United States-specifically, against the Department of Justice, Federal Bureau of Prisons, The Federal Detention Center in Brooklyn, New York ( where Mr. Coleman was maltreated while held in Pre-Trial detention for almost six months without bail ), and certain individuals including: MDC Team Manager Victor Martinez, MDC 4 North Unit Counselor William Austin, and MDC Corrections Officer Raymond Cotton, who are presently under federal indictment, as well as MDC Medical Officer, C. Parks MD, and "John Does" 1-10 (representing supervisors of the above named officers and unknown Department of Justice, Bureau of Prison, and officials of other agencies coordinating the activities discussed below.

THE PRIMARY GOAL, as stated, will be injunctive relief to bar the government officials who breached their duties, who so audaciously misused their offices and the people’s funds, from further working for the government of the United States. We will seek an order that the above agencies and individuals to give restitution, including forfeiture of personal assets, and any pension rights.

Though we appreciate that no damages can be obtained from a prosecutor performing prosecutorial duties because they are immune from damage actions, this complaint includes the request that prosecutors who did have, or should have had, knowledge of this wrongful maltreatment should also be fired and should be prohibited from working for the government in the future, and restitution will be sought.

COURTS ARE CUSTOMARILY called on to issue such "disbarment" orders as a remedy in civil RICO actions, which will be one of the grounds for this legal action. We will seek to have government-official defendants who breached duties of honest and faithful service held to the same standards as any criminal defendant against whom the government seeks such remedies.

Though Mr. Coleman’s first priority is to assure that people who have no businesses being United States government employees can no longer serve and will not themselves profit from their misconduct, we cannot forget the fact that the government’s misconduct consisting of medical maltreatment and criminal isolation caused Mr. Coleman real pain and real suffering, endangering his physical and mental well being, for which the government is solely responsible. There is, in truth, no remedy adequate to redress this inhumane maltreatment. Therefore, we will be seeking damages as well as injunctive relief. We will also be seeking punitive damages against all individual defendants including "John Doe" supervisors who participated in and / or condoned these wrongs, and in all events, we will seek attorneys’ fees and expenses.

BACKGROUND

MAY, 1990 MR. COLEMAN was charged with making a false statement on a passport application. Mr. Coleman has constantly claimed that he did so under instructions from an intelligence agency at the Department of Defense. Mr. Coleman’s affiliation was confirmed in a sworn statement by Lt. Colonel Terry Bathen, Assistant General Counsel, Defense Intelligence Agency ( Pan Am v U.S., E. Dist. NY 1991 ). It has also been confirmed to the court that he was a contract consultant for the Drug Enforcement Administration, posted at the American embassy, Nicosia, Cyprus.

Mr. Coleman, a recognized expert on terrorism, claims the passport charge was a means used by the government to silence him with regard to his knowledge of government activities in the Middle East that may have contributed to the bombing of Pan Am flight 103, December 21, 1988. Mr. Coleman, working as a journalist, departed the United States with permission of the court in October, 1990. He submitted an affidavit in the Pan Am civil case in April, 1991. Two and one half years later he was indicted in the Eastern District of New York for perjury. He is the only person in U.S. history to ever be charged with perjury based on statements in a civil affidavit. Mr. Coleman and his family applied for and was granted sanctuary in Sweden in 1991.

Swedish authorities ruled that the government of the United States had made false statements on two occasions to the Swedish government in attempts to seek Mr. Coleman’s deportation. October 10, 1996 Mr. Coleman, accompanied by his wife and three small children, voluntarily returned to the United States after Governor Forest James of Alabama provided funding for their return. Mr. Coleman was arrested at Atlanta International Airport. He was denied bail and spent two weeks in the Atlanta City Jail. He was then transported in shackles and chains by U.S. Marshal Air transport to the Federal Transportation Center in Oklahoma City, where he was detained for a week. He was then transported via U.S. Marshal to the Metropolitian Detention Center, Brooklyn, New York. As of this date, the charges against Mr. Coleman have not been brought to trial. The government has repeatedly failed to comply with his discovery requests, and motions to dismiss are presently pending. Mr. Coleman is represented by Vivian Shevitz, 153 Main Street, Mt. Kisco, New York, who is representing him Pro-Bono.

MEDICAL MALTREATMENT

THE WARDEN AT MDC was repeatedly informed by Counsel for Mr. Coleman, Vivian Shevitz, ESQ. about his dismal medical care. The Federal prosecutor in Mr. Coleman’s case, Alan Vickery presented a statement from the MDC that Mr. Coleman’s medical care was "good and appropriate." Mr. Coleman’s counsel informed the government that Mr. Coleman had not been seen by a doctor since his surgery on January 21, 1997 until February 6, 1997, a period of sixteen days. The only care he received at MDC was a supply of bandages to change himself. Inmates around Mr. Coleman noted a serious odor emanating from Mr. Coleman’s body. The odor was still present after Mr. Coleman took a shower and changed the dressing himself. It was not until February 6 that Mr. Coleman was finally returned to New York Downtown Hospital to see the performing surgeon, Dr. Beaton.

MR. COLEMAN WAS accompanied by two Special Deputy U.S. Marshals who shall testify ( despite their expressed knowledge that the "system" expected their silence.) Owen Flynn thus is a Special Deputy U.S. Marshal who works for United Security in Staten Island, New York ( which contracts with the Marshal Service and whose guards are deputized ) Mr. Flynn spoke with Mr. Coleman’s counsel on February 7, 1997, and told her that before he had worked in his present position, he had spent 32 years in the State Court system. He stated he was willing to come forward because "he believes in this institution, has never allowed a man to be abused, and can’t stand seeing anyone abused".

He then stated that when he was in the examining room with Lester Coleman on February 6, 1997, Dr. Beaton, when first looking at the wound from which a strong, unpleasant odor emanated, said, in substance: " Oh my god, look at this" . . . "this is criminal." Mr. Flynn further states that the doctor expressed that he was "appalled" ( or that "this is appalling.")

ON FEBRUARY 10, 1997, Mr. Coleman’s counsel then spoke to the other Special Deputy U.S. Marshal, Joseph Ogen. Mr. Ogen was formally a detective with a district attorney’s office for more than 22 years. He stated that he had been with Mr. Coleman at his surgery on January 21, and that to him this was not a "run of the mill’ case.

Mr. Ogen reported that the first thing he saw when he and his partner ( Mr. Flynn ) were preparing Mr. Coleman for the doctor on February 6 was a "dirty bandage" and that he smelled the "foul odor." Upon removal of the bandage, the odor became even stronger. Mr. Ogen described the wound covering Mr. Coleman’s shoulder as " raw, like a piece of meat, was discolored, full of oozing pus. The doctor warned Mr. Coleman that, even though the wound was like that, he would have to remove the stitches, and that it would be painful. Mr. Ogen said that Mr. Coleman’s face showed the pain when the doctor had to probe. Mr. Ogen said that the wound was so bad that the doctor was "provoked" and in a sense "blew his top." He knows the doctor wrote orders to MDC after Mr. Coleman’s surgery on January 21, which were given to Mr. Ogen to take back to MDC with Mr. Coleman. These written instructions from Dr. Beaton to MDC were obviously ignored. A written prescription for pain medication was not even filled.

Despite Mr. Coleman’s extremely painful and infectious condition, MDC proceeded to transport him to and from the hospital in the following manner on February 6, 1997:

He was awakened at 5:00 a.m.. At about 5:45 a.m., his left shoulder in a sling, and wearing a back brace for a ruptured lumbar disk, he was escorted downstairs to a holding pen, which was shared by 15-20 people. There were few seats. He remained there until about 7:00 a.m., then was strip searched, required to change his cloths, exchanging his khaki outfit for a blue one. He was then taken to another holding pen where he waited with others until about 8:00 a.m.

Mr. COLEMAN WAS SHACKLED, chained and handcuffed by U.S. Marshals and herded with at least 40-50 other prisoners into a bus in the prison garage. He was then transported to the federal building at Cadman Plaza, Brooklyn, NY, a thirty minute ride. Upon arrival he and prisoners scheduled for court appearances were herded into holding pens in the basement. Mr. Coleman sat in this pen from about 8:45 a.m. until about 2:15 p.m., five hours and 30 minutes. During all of this time they gave him nothing to eat, due to mistaken instructions from MDC that he was not to eat before going to the hospital. They had not given him breakfast either because of this "mistake."

Deputy Marshals Ogen and Flynn, under orders, transported him to New York Downtown Hospital in handcuffs and shackles. After the examination by Dr. Beaton, they took Mr. Coleman to the lobby of the hospital until about 3:30 p.m. They returned him to the Brooklyn Court House ( not directly to MDC ). He was placed in a holding pen again,with other prisoners. With his open wound, he sat on the floor until about 6:00 p.m. when the group was re-shackled, chained and cuffed and returned to MDC. At MDC he was forced to repeat the sequence described above in reverse, held in a series of holding pens, striped searched, exchange of uniforms, into another holding pen before finally being escorted back to his unit. Mr. Coleman returned to his unit at approximately 8:30 p.m. An urgent visit to the hospital which should have taken no more than two-three hours, took Mr. Coleman more than 15 hours because of gross negligence by MDC officials.

This frankly, is an outrage, as it relates to a man who is charged with no more than perjury in an affidavit submitted in a civil case, and who voluntarily returned from abroad to answer the charges!

Mr. Coleman’s inhumane medical treatment was just the beginning.

 

UNLAWFUL CONFINEMENT TO PROTECT OFFICIAL’S CRIMINAL CONDUCT

ON MONDAY, FEBRUARY 17, 1997, a week after Mr. Coleman was returned to population in Unit 4 North at MDC, he was approached by the Corrections Officer on duty and told to lock his locker and follow him. Mr. Coleman was lead into the hallway, turned over to two other MDC C.O’s, one being Raymond Cotton, handcuffed behind his back, and escorted to the Special Housing Unit (Solitary confinement ) Mr. Coleman was not informed as to the cause for this action. He was placed in a small cell, designed for one person, with a metal door, with only a small window, with two other inmates who were sentenced to solitary confinement for fighting. The sleeping arrangements consisted of one metal bunk bed and a mattress on the floor. None of the amendities provided to general population inmates were available. Showers and a one hour recreation period were only provided Monday, Wednesday, and Friday. Mr. Coleman was handcuffed and escorted to and from his three day a week shower. The changing of his medical dressing was done by a medical assistant by reaching through a slot in the cell door while Mr. Coleman crouched down on bended knees.

In the evening of February 18 Team Manager, Victor Martinez’s face appeared in the small window of Mr. Coleman’s isolation cell. He then passed a paper underneath the door which stated Mr. Coleman was placed in Administrative Detention until his status for return to population could be reviewed. Mr. Martinez was the senior supervisor of Unit 4 North, as well as three other general population units. No further explanation was given to Mr. Coleman.

Two days later, February 20, the U.S. Marshals removed Mr. Coleman from MDC and placed him in the Westchester County Medical Center where he spent 11 days recovering from the medical maltreatment received at MDC. He was returned March 3, and again placed in solitary confinement, where he remained until being released on pre-trial House Arrest on March 24.

THE DAY BEFORE Mr. Coleman was moved to Westchester Hospital he appeared before Judge Thomas C. Platt to address his medical maltreatment and unlawful solitary confinement. During that hearing the government stated Mr. Coleman was placed in solitary confinement "for his own protection"..."that MDC officials had received information from other inmates that Mr. Coleman safety may have been in danger if he remained in the general prison population" In support of their claim the government introduced a newspaper column from the February 18 New York Daily News that published Mr. Coleman’s name and his past affiliation with a U.S. government agency. The government claimed that Mr. Coleman had contacted the newspaper himself and also had described the treatment of another inmate, Michael Alig, who was a heroin addict, charged with murder.

THE WRITER OF the news article shall state that he was contacted by someone who claimed to be an official at the prison who gave him the story, saying Mr. Coleman asked him to pass it along. In fact, Mr. Coleman had no knowledge of the article in question, nor ever spoke with the writer, who shall so testify under oath.

MR. COLEMAN’S SEPARATION from the general population was instigated by Team Manger Martinez who conspired with 4 North Unit Counselor William Austin and Correction’s Officer Raymond Cotton. The sole purpose of Mr. Coleman’s removal was a fear that he could expose their Criminal activities, including bribery, smuggling of narcotics and alcohol, and providing inmates access to confidential computer files containing personal background records of other inmates. Martinez, Austin, and Cotton where in a position to know of Mr. Coleman’s background and past affiliation with U.S. government operations. They feared that Mr. Coleman was a threat to their criminal smuggling operations. The writer of the article says a self-described prison official with a heavy New York accent said he was calling on Coleman’s behalf. Minutes before Mr. Coleman was removed from 4 North, an inmate involved in the bribery-smuggling operation, David Yonkoloulitz a.k.a. "Swanny" BOP No. 45146-053 was seen entering Martinez’s office accompanied by another inmate with known connections to the Colombo crime family, known to Mr. Coleman as "Joe-Joe".

MAY 23, 1997, two months after Mr. Coleman was released from MDC Brooklyn, Martinez, Austin, Cotton and eight other MDC officials were arrested in a Justice Department sting called, Operation Bad Fellas. All toll, twenty people were arrested in the sweep of the federal prison, called " the largest arrest of federal corrections officers in U.S. history," by DOJ Inspector General Bromwich. Martinez was the highest ranking MDC official arrested, a GS-13 level federal civil servant, who is charged with, among other things, taking a $500 per week bribe from organized crime figures in the prison. Austin is the second highest MDC official arrested, Coleman’s counselor in 4 North, with access to Coleman’s computer file.

( Prison officials busted in ‘Bad Fellas Sting, NY Times, May23, 1997)

IN A FEBRUARY 19 letter to the court, Assistant U.S. Attorney Ronald G. White ,on behalf of AUSA Alan Vickery, stated Ms. Shevitiz claim of retaliation by prison authorities is groundless, and is a product of "her fertile and paranoid imagination." Mr. White goes on to claim that Mr. Coleman’s removal to solitary confinement was a direct result of the New York newspaper article, which the writer now shall verify was based on information provided by someone claiming to be an official at the MDC, calling on Mr. Coleman’s behalf. Mr. White and Mr. Vickery knew, or should have known, that MDC corrections officers were under intense investigation by their department. Mr. White’s comments allude to a callus disregard for the safety and treatment of Mr. Coleman, particularly if Mr. White and Mr. Vickery had prior knowledge of the investigation into criminal conduct at the MDC by federal employees.

THE VICIOUS PUNISHMENT of a man ( the only person to ever be indicted for perjury based on a civil affidavit in U.S. History) for expressions protected by the First Amendment, has caused Mr. Coleman to be permanently disfigured. He and his family have also suffered mental anguish over his maltreatment and unlawful solitary confinement by ruthless criminals posing as federal correction officers who had direct penal authority over Mr. Coleman.

WE CAN SAY now we will be seeking punative damages in the amount of $50 million.

( Of course, should damages be awarded under civil RICO, they would be trebled.) We also seek punitive damages against those individual defendants, including the "John Doe" supervisors who participated in and / or condoned these wrongs, and in all events, we will seek attorney’s fees and expenses of litigation as well.

WE HEREBY SEEK a review of the terms of bail release, which the defendant and his co-signees, claim was signed under extreme duress, in order to free Mr. Coleman from the inhumane maltreatment at the hands of MDC officials. The terms of his release constitute summary punishment. The defendant is under electronic monitored house arrest, 24 hours a day, in the custody of his daughter, and has not been allowed to return to his residence in Alabama where his wife and children are awaiting his return. He is neither a flight risk nor a danger to the community. Mr. Coleman returned voluntarily to the jurisdiction of the court. Governor Forest James of Alabama paid for Mr. Coleman and his family’s transportation to the United States.

WE ALSO ASK THAT all charges pending against this defendant be dismissed with prejudice on the grounds that the government has violated it’s prosecutorial integrity by allowing the gross inhumane maltreatment of a person held in custody, pending trial. Such treatment is in violation of the defendant’s Constitutional rights, Justice Department policy, and federal civil rights law, and specified human rights articles defined by The Universal Declaration of Human Rightss, specific articles of international treaties and conventions of which the United States is signatory.

Sincerely,

Joesph L. Boohaker
Attorney-At-Law