Letter Sent on Appeal of Denial for Work Release Program

“For we do not wrestle against flesh and blood, but
Against principalities, against powers, against the rulers of darkness
Of this age, against spiritual hosts of wickedness in the heavenly places.” Ephesians 6 v18

I appeal my denial of work release for many reasons.

First of all, I was already sentenced for my selfish, careless and impulsive instant offense, have paid a dear and costly price for it, so why is that being used again as a reason for denial?

Secondly, I am confused as to why DOCS thinks I would be a community risk. Do you not feel your Sex Offender Program is worthwhile or can successfully rehabilitate someone with a sex offense? Surely you must feel that prior to releasing an inmate (offender is the new politically correct term) they should successfully demonstrate certain skills and practices satisfactorily to the counselors and practiced in the programs. How else could they complete the program or be deemed ready to re-enter society?

Over a year ago I successfully completed all of the required programs including that very Intensive Sex Offender Program (ISOP) here at Mid-State even though I was deemed a low level offender. Also successfully completed are ART, which is part of that ISOP, ASAT, which was also included but not a requirement for me, as well as Phase I, II, and III. How then, if you value your programs, would I be considered a risk?

Moreover, I presented to the parole board in March 18 letters from community members who have known me a minimum of 12, some 25, even 35 years, all of whom have visited me at various stages of my incarceration and welcome me home, not feeling I would be any type of risk. I also had seven similar letters from family members who have also visited me. Wouldn’t they know me better than someone who talked to me for three minutes?

Okay, so maybe they are prejudiced. Why not consult with people who interface and work with me everyday here at Mid-State and have for over a year? Counselors like Mrs. Allen, Mrs. Sowich, Ms. Smith, Ms. Lamb, Ms. Virkler, Mr. Silverman, Mr. Rena, Mr. Drayton, Mr. Picente or Mr. DeJesus. Or program people like Mr. Buttimer and his numerous civilian staff, Reverend Ellis or Father Webber? Even officers Femia, Helmsley, Kemptner, Cooney, Dodge, Ally, Morse or Harrison just to name a few who would be able to talk about my character more positively and accurately. Add to that the several outside civilians who come in for PACE workshops, Bible Study or athletic events and you have people who really could tell you what it is like to work and rely on me on a daily basis any outside community would do if I was in a work release program.

But let’s look at the real issue here, the elephant in the room. No one wants to be accountable for allowing a sex offender, rehabilitated or not, to be released on work release of parole despite DOCS own statistics showing the contrary. They show there is no difference in recidivism for sex offenders released on parole or conditional release according to DOCS study from 1985 to 2007. Those who do come back are at an 8% level, with computer crimes such as my instant offense, half that. While any crime against another person is too much, does 4% probability constitute a community risk?

Who then is responsible for my actions once on work release or parole, who is accountable? I am. Can you detect from that some eloquent words in a three minute conversation or written in an appeal? Doubtful. As I show when I facilitate Phase III and ART, people’s values and attitudes are shown in their actions and behaviors. If you take a look at mine or talk to the numerous people, I know they will paint a different picture than the one of community risk as evidenced by my actions and behaviors. If counselors were accountable for each sex offender returning to a community, you would have more ownership in the outcome. Interesting concept isn’t it.

Barring that, you should study the individual to assure he is responsible and taking ownership of himself. My work in Mid-State, completing a 2000 hour DOL Counseling Aide I Program, a PET/HIV Education and Facilitating Course (enabling me to facilitate such programs in here or on the street) an 80 hour legal assistant course, passing the legal aide exam also good on the street, as well as numerous Full Gospel Weekend Seminars all while maintaining a clean disciplinary record demonstrates I am taking ownership of my rehabilitation, making use of the resources I have don’t they? (I did receive a ticket when a property bag of mine was stolen since it contained my State issue razor, but no disciplinary action was taken) Is this a person that poses a risk to a community?

Moreover, because of all this, I was granted an Earned Eligibility Certificate. While this does not guarantee release on the minimum terms of your sentence, there is a presumption that it will occur. If incarceration is for rehabilitation, what further good is achieved from more confinement save that of punishment? I have achieved all three, punishment, rehabilitation and an Earned Eligibility Certificate. What will change between now and my parole or CR? Does DOCS some how mentally “get off the hook” for responsibility it they make me CR versus a work release program? Or maybe it is just no one cares other than the inmates willing to appeal such determinations, and no one is accountable for the program results. What a shame.

I would also not simply receive a “get-out-of-jail-free” card, but rather would be supervised closely by parole whenever I am released. However, anyone of the previously named people who know me understand that my re-offending is something I would not do. This whole ordeal, train wreck actually, has been an ongoing nightmare. Not only while in the ISOP but long after it I have continued to work on bettering myself through reading, discussions, meditations and prayer so that I may, as my outside Pastor says, “ do the next right thing.” I daily work on necessary inside corrections to be that better person. I will always have the daily reminder of losing my wife, home and business due to my reckless, selfish and inexcusable behavior. (Not to mention the daily discomfort, often pain, due to a knee injury which occurred at Fishkill) No, I can safely say I am not a risk to any community I go to, and refuse to be defined by the label I will wear for the next 20 years out there. As my work in here has demonstrated, James Van Wagner will be known by far more than a sex offense or label.

Finally, if granted work release, would it not enable me to show others such a thing is possible, that if they work hard (as I have), keep a clean record (as I have), successfully complete all aspects of the program (ditto), that there is hope? You have a unique situation here for, as Stephen Covey states in his Seven Habits book, a win-win scenario. Obviously it is a case by case basis, and it would require a shift in thinking, to a glass half full rather than half empty, a positive reinforcement rather than a punitive one, moving forward rather than doing things the way they always have been done. As noted German philosopher Johann Wolfgang Von Gothe is quoted as saying (hanging in all the classrooms inside corrections by the way) “If you treat an individual as he is, he will stay as he is, but if you treat him as if he were what he out to be and could be, he will become what he ought to be.”

I respectfully request that my work release be granted. I similarly respectfully request enlightenment and edification of my questions.