Supreme Court of Colorado
Attorney Regulation Counsel
1300 Broadway, Suite 500
Denver, CO 80203
This is a letter regarding the unethical behavior of Attorney James Wiencek specifically, "Senior Attorney" at the Supermax prison in Florence CO.
Attorney James Wiencek has instructed Supermax staff, including Warden B. True, Special Investigative Services (SIS) LT. Amy Kelley, and SIS Technician Rudy Marques to steal chapter Six of Matthew Hale's ongoing book from the U.S. mail, thereby violating both state and federal criminal law. Thereby Wiencek has engaged in a criminal conspiracy with these individuals. Wiencek has committed his crimes specifically for the purpose of suppressing prisoner Matthew Hale's First Amendment right to Freedom of Speech, the reason being that he personally does not like the particular speech in question. Therefore, Wiencek has betrayed the oath he took to uphold, protect, and defend the constitution of the United States, a requirement of federal employment. In addition, Matthew Hale's civil rights are being violated.
James Wiencek's responsibility at Supermax prison is to make sure that prisoners rights are upheld, not violated. He has thus betrayed his oath, committed crimes, and abused his power. This precedent has given clear notice to Wiencek of the illegality of his actions and yet he doesn't care. ( Again, racial beliefs are protected in their expression.) Lawyers are required to honor the constitutional rights of others more than than anybody else since they take the oath specifically to that document. It is no argument for Wiencek to claim as he has that the BOP has the right to suppress Matt's book when it clearly doesn't under the law.
In light of Wiencek's crimes and violation (betrayal) of his oath of loyalty to the Constitution of the United States, he obviously has no business practicing law at the Supermax prison in any capacity and should be removed from his post as "Senior Attorney" immediately. Lawyers who advise Justice Department employees to commit theft and violate the constitutional rights of prisoners to express their opinions in book form—said speech specifically protected by Procunier v. Martinez, 416 U.,S. 396, 413-418 (1974) — should not be allowed to be employed by the U.S. Justice Department. (The mere expression of racial views, even of inflammatory, cannot be lawfully censored in outgoing mail.) ( It is believed, futhermore, that Wiencek has instructed Supermax employees to steal ("confiscate") the rest of Hale's book chapters that are currently in the mail, as well. His law license should be revoked on the grounds that he has stolen private property, Matthew Hale's (chapters of his book), and has advised Supermax employees to do the same.
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