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Interviews & Articles]
Bruce
and Colin Show, Tuesday, April 13, 2004
Atty. Mary Werblin, appeal counsel for Bonnie Foreshaw
on Hartford, CT CBS affiliate WTIC News Talk 1080
Colin McEnroe: CM
Mary Werblin: MW
CM: The cost of incarceration has driven to the forefront a little
bit by the case of the Newman's Own PEN Award. It's a First Amendment
Award. It was given to an inmate named Barbara Parsons Lane. She was one
of the contributors to this book, Couldn't Keep It To Myself, compiled by
Wally Lamb while teaching at York Correctional. And a lot of stuff has
happened around this book. It's fair to say that PEN gave the award partly
to call attention to an injustice, the attempt by the state to obtain any
royalties that might be paid to these prisoners.
One of the writers is Bonnie Foreshaw. She's connected to
Barbara Parsons Lane in a lot of ways, including the fact that Bonnie
Foreshaw has complained of a very vivid incident of sexual harassment by a
guard at York Correctional Facility. Bonnie Foreshaw is an amazing story
herself, even what she is doing in prison. In 1986 she was carrying a gun,
apparently because she had recently been divorced from her third husband
who was stalking and threatening her. She accidentally shot and killed a
pregnant woman while she was attempting to protect herself from a man who
was physically assaulting her at a gas station. She didn't know either one
of these people. We've got a lawyer here, why should I be talking about
this. Joining us right now is Mary Werblin, who is a Waterbury attorney
and lawyer for Bonnie Foreshaw. Hi!
MW: Hi, how are you?
CM: Why should I try to explain this?
MW: Please continue. So far, so good.
CM: So in 1986 she's carrying a gun because there's this domestic violence
situation, a stalking, she gets assaulted by someone at a gas station and
did the man himself later testify that he pulled the pregnant woman in
front of him as a shield?
MW: Yes, he did. He got on the stand. The woman was actually trying to
pull him off my client, Bonnie Foreshaw. Bonnie was trying to scare him
off. Picture, the pregnant woman is trying to pull [the man] off Bonnie,
and that's how she got the bullet. She didn't even aim the bullet. It just
went off. She had no criminal record. She wasn't out to kill anyone. In my
estimation this was clearly a manslaughter case.
CM: In fact, she was convicted of pre-meditated murder.
MW: Yes. And the trial was a travesty. It was a four-day trial. We thought
there was ineffective assistance of counsel, and on those grounds we
appealed it. Unfortunately, we lost. We had the same judge, and he upheld
the initial conviction [and sentence] 45 years. This was the longest
sentence for any female in the history of Connecticut.
CM: So, here she is, in prison for pre-meditated murder for 45 years in
the killing of a woman she didn't know who got in between her and the
assailant she had never met before. I don't know how this could be
pre-meditated murder.
MW: I don't either. I'll never know. I'll never understand it.
CM: She winds up being one of the people who writes in Wally's book, but
the interesting thing is now she has come forward about a guard who had
been verbally dissing on her in the past, actually did sort of touch her
genitals in a pretty extensive way, according to the allegation.
MW: Yes, it was very extensive. It's been written about lately. It's kind
of interesting it's been written about coincidentally with this PEN Award.
And another interesting factor, the woman receiving the PEN Award is one
of the witnesses to this assault.
CM: I heard that this morning. And I got a little chill.
MW: This is very true. She gave a statement, which I have in my file to
that effect, that this happened. The DOC is denying anything bad happened
or anything inappropriate happened whatsoever.
CM: You wrote a letter to the DOC. The DOC, by the way, is the Department
of Correction. And within two days they told you basically that this never
happened.
MW: Yeah, they told me that. They told me there had been a state police
investigation, which I couldn't get my hands on. I said I'd like a copy of
that investigation, I went to the FOI Commission and I never received it.
I don't think [an investigation] was ever done, initially, which is the
process. The process is they do an in-house investigation and that is
followed by the state police if necessary. I certainly was calling for an
investigation, I wanted an independent investigation. I don't understand
why the state is investigating the state. That makes no sense to me. I
think some kind of commission should be appointed that is totally
independent of the state that would look into this kind of matter.
CM: As far back as 2000, Amnesty International, the international human
rights organization, began asking for investigations of sexual harassment
of prisoners there at that time. This isn't necessarily a new phenomenon.
It is true that the state police recently re-opened their investigation.
MW: Absolutely correct. When that happened, I wrote again to Commissioner
Lantz saying that there was an ongoing investigation and I was under the
impression that under the administrative directive of the Department of
Correction that the alleged perpetrator should be suspended pending the
outcome of the investigation. And I got another letter back from
Commissioner Lantz, saying, no there is no investigation going on. The
C.O. [correction officer] did not do anything incorrect and there is no
state police investigation. The case is closed. This blew my mind. This
can't be happening. So I called the state police. They wrote me a letter
saying we are absolutely doing a full-fledged investigation. And I got
that letter and sent her a copy and I've yet to hear from her at all.
CM: And is the FBI investigating this, too?
MW: Yes. And that's new. That just happened on Friday. I got a call from
Bonnie saying that two FBI agents have come to the prison and have been
asking her questions for a good length of time about the incident itself,
which happened on Aug. 24, 2003. so they're looking into it as well.
Whoever initiated that, I'm not sure.
CM: Well, Mary Werblin, attorney for Bonnie Foreshaw, we thank you for
your time. We will continue to follow this story, as well as the stories
of the eight or nine other women who contributed to that book.
MW: OK, I'm very grateful for your time. And I'm glad to discuss this
case, because I think it's the tip of some iceberg. I really do. I think
there's a lot more than is being uncovered.
CM: Well, thanks for being with us …For Bonnie Foreshaw and some other
stuff involving the prisons, Steve Slosberg from the New London Day really
acknowledged a couple days ago in a column Andy Thibault, crusading
journalist Andy Thibault. I hate even saying this because it just
encourages Andy to send me more e-mail in big capital letters and stuff.
Andy really is like a throwback to the crusading journalists of old, to
the I.F. Stones and the muckrakers and the people who really are
engaging their passion, he is probably in a lot of ways what the rest of us have
forgotten to be. We're all too corporate now. I just have to give Andy
some credit. He really goes after these stories with his guts and passion.
He's always sending me e-mails about horrific things that are happening
and I almost am scared to open them, J'Accuse Andy things. Often it's a
pretty significant story that other people aren't telling. Even though
he's a wacko, he's a very important part of the Connecticut journalism
constellation, assuming there is such a thing.
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