URGENT URGENT U.P. Breaking News Bulletin – 1-29-17 6 a.m. ET – Marquette County Jail officials accused of conspiracy not to giving mail to inmates – $75 million in damages sought – URGENT
$75 Million Dollars Sought in Damages:
The 35-page, seven-count federal civil law suit against Marquette County Jail officials, turnkeys: The Mail Stops Here
Former inmate accuses jailers of conspiring not to allow inmates to get mail including from attorneys and information vital to the prisoner’s defense
Lawsuit calls county jail – “Marquette County Prison”
Deputies, jail bosses accused in conspiracy to allegedly withhold mail from inmates – including from their attorneys
By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
A Sault Ste. Marie man – whose explosives case made international headlines and sent him to prison – has now tossed a legal bomb charging bosses and deputies at the Marquette County Jail of violating his civil rights including withholding all his important legal mail.
He is seeking $75 million dollars minimum in actual and punitive damages.
This unsatisfied inmate had his case compared in international stories with having more than the Oklahoma City bomber.
John Francis Lechner was arrested by federal agents including the Bureau of Alcohol, Tobacco and Firearms (ATF) on On Sept. 21, 2011 “for alleged felony violations” including “illegal possession, storage and transfer of explosives,” the suit states.
A jury convicted John Francis Lechner of multiple counts of explosive related offenses, and he was sentenced to four years and three months in prison – aka 51 months incarceration – followed by three years supervised release.
He is suing the bosses and unknown turnkeys at the Marquette County Jail – but because of the way the legal system works – the suit also names the entire Marquette County Board of Commissioners – and the U.S. Marshals Service
John Francis Lechner federal civil lawsuit filed on Jan. 9, 2017: Entered into court records this week on Thurs., Jan 26, 2017 and released publicly Saturday.
“The defendants overall conduct” was “so outrageous that it shocks the moral and legal conscience of the community,” the lawsuit states. “This outrageous conduct resulted in’ Lechner’s “shameless and brazen denial” of his civil rights and resulting in his “malfeasant incarceration in a federal prison.”
“The manner, method and design” of those employed in the Marquette County Jail “amounted to cold, callous and premeditated abuse of legal authority,” the suit alleges.
The “defendants regularly acted maliciously, unjustifiably, vindictively and deliberately designed to cause” Lechner “mental and emotional harm, humiliation and denial of effective assistance from counsel, denial of a fair trial and knowingly withholding exculpatory evidence” from Lechner and his attorneys.”
The lawsuit states that there have “been previous incidents” involving other inmates who are also alleged victims of the non-delivery of legal mail.
Lechner alleges that Marquette County officials “committed a conspiracy” to not deliver his legal male, states the lawsuit under the “facts and allegations.”
The federal lawsuit says those name allegedly violated Lechner’s rights under the First, Fifth, Sixth, Eighth, and Fourteen Amendment amendments to the U.S. Constitution.
Lechner alleges he suffered “immediate and irreparable injury” and “ultimately causing wrongful incarceration in federal prison.”
Lechner “experienced extreme emotional distress, mental anguish, humiliation, degradation and severe emotional anguish.”
Count 1:
Deprivation of civil rights
Count 2:
Conspiracy to interfere with civil rights
Count 3
Neglect or failure to prevent conspiracy
Count 4
Failure to adequately train and supervise deputies
Count 5
Negligent hiring, retention and failure to discipline or take necessary correction action
Count 6
Tort Outrage (common law)
Count 7
Intentional infliction of emotional distress
While in the Marquette County Jail, Lechner states he was housed in an “eight (8) man cell block” where he ate three times daily, laundry was cleaned three times a week, and he was allowed to use the commissary once a week.
However, Lechner was not happy with mail delivery – or lack thereof – no delivery of legal papers, the lawsuit alleges. The lawsuits accused jail officials of “sporadic, random, erratic and inconsistent delivery of inmate male by the staff of the Marquette County Jail.”
The lawsuits alleges the non-delivery of the legal correspondence from Lechner’s attorneys amounts to a violation of his constitutional rights. Marquette County jail officials “regularly, deliberately, unjustifiably and maliciously” interfered with Lechner’s First and Fourteenth Amendment Rights.
The undelivered mail involves legal paperwork from defense attorneys, that the suit describes as “intended for delivery on the same day.” Lechner alleges he did not find out about numerous legal mailings from his attorneys – all addressed to the Marquette County Jail – for 10 months beginning in Oct. 2011.
Lechner says his legal mail was discovered ‘by happenstance” when he was transferred on July 17, 2012 to the Chippewa County Jail. Alleging he did not received mail from his attorney while in the Marquette County Jail
Brought by ATF agents to the Marquette County Jail – suit describes it as the “Marquette County Prison”
Legal Mail at issue:
Oct. 23, 2011
From Lisa Honeycoutt
4441 I-75 Business Spur
Sault Ste. Marie, MI
——-
Oct. 24, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Nov. 6, 2011
Audrey Plastino
1418 Hyde St.
Sault Ste. Marie, MI
——-
Nov. 21, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Dec. 19, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Dec. 26, 2011
From “Dooley” family
——-
Jan. 2, 2012
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Jan. 28, 2012
Audrey Plastino
1418 Hyde St.
Sault Ste. Marie, MI
——-
Feb. 7, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
March 8, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
March 15, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
May 10, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
May 28, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
July 17, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
Inmate John Francis Lechner
2:17-cv-00020 Lechner v. Marquette, County of et al
Date filed: 01/26/2017
Date of last filing: 01/26/2017
Case Summary
Filed: 01/26/2017
Nature of Suit: 550
Cause: 28:1441 Petition for Removal
Chippewa County
Related Case: 17-55349-CZ
Marquette County Circuit Court
plaintiff: John Francis Lechner
defendant: Marquette, County of
defendant: Marquette County Board of Commissioners
defendant: Gerald O. Corkin
defendant: Debbie Pellow
defendant: Steve Pence
defendant: Paul Arsonault
defendant: Bruce Heikkila
defendant: Gregg Sippanen
defendant: Scott Erbisch
defendant: Marquette County Sheriff’s Department
defendant: Jack Schneider
defendant: Unknown Parties
defendant: Unknown Parties
Defendant: United States Marshal Service represented by Carolyn Ann Almassian
Phone: (616) 808-2028
Federal Criminal Case Summary
2:11-cr-00049-GJQ-1 USA v. Lechner et al
Date filed: 10/04/2011
Date terminated: 12/03/2012
Date of last filing: 12/07/2016
John Francis Lechner (1)
Office: Northern Division (2) Filed: 10/04/2011
County: Chippewa Terminated: 12/03/2012 Reopened:
Magistrate Case: 2:11-mj-00041-TPG
Count: 1 citation: 18:842i.f offense level: 4
18:842(i)(1), 18:841(d)(f)(1), 18:844(a)(1), 75 fed. Reg. 70,291 ship or transport explosive material interstate; possession of explosives while under indictment
Count: 2 citation: 18:842a.f offense level: 4
18:842(a)(3)(a), 18:841(c)(d)(e)(f)(j)(m), 18:844(a)(1), 75 fed. Reg. 70,291 importing explosive material; transportation of explosive materials
Count: 3 citation: 18:842b.f offense level: 4
18:842(a)(3)(b), 18:841(c)(d)(e)(f)(j)(m), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material
Count: 4 citation: 18:842d.f offense level: 4
18:842(d)(2), 18:841(c)(d)(e)(f)(l), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons;distribution of explosive materials to a convicted felon
Count: 5 citation: 18:842j.m offense level: 3
18:842(j), 18:841(c)(d)(e)(f), 18:844(b), 75 fed. Reg. 70,291, 27 c.f.r. 555.201 et seq. Not conforming to storage of explosive material;improper storage of explosive materials
Count: 6 citation: 18:1001.F Offense level: 4
18:1001(a)(2) statements or entries generally; false statement to law enforcement
Count: 1s citation: 18:842a.f offense level: 4
18:842(a)(3)(a); 18:841(c)(d)(j)(m); 18:844(a)(1); 18:2(a); 75 fed. Reg. 1,085; 75 fed. Reg. Importing explosive material – transportation of explosive materials
Count: 3s citation: 18:842j.m offense level: 3
18:842(j); 18:841(c)(d); 18:844(b); 75 fed. Reg. 1,085; 75 fed. Reg. 70, 291; 27 c.f.r. 555.201 et seq not conforming to storage of explosive material – improper storage of explosive materials
Count: 4s citation: 18:842i.f offense level: 4
18:842(i)(1); 18:841(d)(e)(f)(1); 18:844(a)(1); 75 fed. Reg. 70,291 ship or transport explosive material interstate – possession of explosives while under indictment
Count: 5s citation: 18:1001.F Offense level: 4
18:1001(a)(2) statements or entries generally – false statement to law enforcement
Count: 6s citation: 18:842a.f offense level: 4
18:842(a)(3)(a); 18:841(c)(d)(j)(m); 18: 844(a)(1); 75 fed. Reg. 70,291 importing explosive material – transportation of explosive materials
Count: 7s citation: 18:842d.f offense level: 4
18:842(a)(3)(b); 18:841(c)(d)(j)(m); 18:844(a)(1); 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons – distribution of explosive materials
Count: 9s citation: 18:842j.m offense level: 3
18:842(j); 18:841(c)(d)(e)(f); 18:844(b); 75 fed. Reg. 70,291; 27 c.f.r. 555.201 et seq not conforming to storage of explosive material – improper storage of explosive materials
Count: 8ss citation: 18:842d.f offense level: 4
18:842(d)(2), 18:841(c)(d)(1), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons; distribution of explosive materials to a convicted felon
Defendant custody status: released
Flags: appeal,closed,jurytrial,sealeddoc(s)
plaintiff: USA represented by Joel S. Fauson
Phone: (616) 456-2404
Email: joel.fauson@usdoj.gov
plaintiff: USA represented by Maarten Vermaat
Phone: (906) 226-2500
Email: Maarten.Vermaat@usdoj.gov
Federal News Releases:
https://www.ice.gov/news/releases/second-michigan-man-arrested-explosives-investigation
https://www.justice.gov/archive/usao/miw/news/2012/2012_0420_KKassab.html
Related info:
http://www.cheboygannews.com/article/20121204/NEWS/121209892
https://casetext.com/case/lechner-v-wilson
https://www.pacermonitor.com/public/case/3676394/Lechner_v_Chippewa,_County_of_et_al
http://www.leagle.com/decision/In%20FDCO%2020150504F79/LECHNER%20v.%20COUNTY%20OF%20MARQUETTE
https://www.justice.gov/archive/usao/miw/news/2012/2012_0420_KKassab.html
http://www.reuters.com/article/us-michigan-explosives-idUSTRE78Q51820110927
http://www.opn.ca6.uscourts.gov/opinions.pdf/15a0280p-06.pdf
http://www.foxnews.com/us/2012/02/22/michigan-man-pleads-guilty-in-explosives-case.html
http://law.justia.com/cases/michigan/court-of-appeals-unpublished/2010/20100727-c291857-60-291857-opn.html
http://newsok.com/article/feed/301181
http://www.clelaw.lib.oh.us/public/decision/CTA6/112015.html
http://www.dailytribune.com/article/DT/20110927/NEWS/309279984
SAULT STE. MARIE, MICHIGAN MAN CHARGED WITH UNLAWFUL TRANSPORTATION AND POSSESSION OF EXPLOSIVES
FOR IMMEDIATE RELEASE
April 20, 2012
MARQUETTE, MICHIGAN — U.S. Attorney Donald A. Davis announced today that Kenneth Ageed Kassab, age 53, a resident of Sault Ste. Marie, Michigan, was arraigned on April 19 in U.S. District Court in Marquette on charges of unlawful transportation of explosives and possession of explosives by a convicted felon. The superseding indictment (Link) alleges that these offenses took place in November 2010. Both charges carry a maximum penalty of up to 10 years in federal prison.
Kassab was listed in the superseding indictment (Link) as a co-defendant with John Francis Lechner, age 65, also a resident of Sault Ste. Marie. Lechner was originally the sole defendant in an explosives case stemming from the discovery of 4,200 pounds of a mixture of ammonium nitrate and fuel oil, commonly known as “ANFO,” and various other explosive materials, in September 2011. The superseding indictment, which replaces the original charges, repeats Lechner’s original charges and also adds charges relating to his possession of ANFO with Kassab in November 2010.
Lechner had been set to be tried on the original charges on May 21, 2012. With the addition of Kassab as a co-defendant, the trial date is likely to be rescheduled for later in the summer.
An indictment is merely an instrument to put the defendant on notice of the charges against him. The defendant is presumed innocent unless and until found guilty by a jury of his peers.
04/19/2012
Second Michigan man arrested in explosives investigation
Suspected of possessing more than two tons of bomb-making materials
SAULT STE. MARIE, Mich. – A second man suspected to be involved in an explosives investigation was arrested Thursday by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and deputies with the Chippewa County Sherriff’s Department.
Kenneth Kassab, 53, of Sault Ste. Marie, Mich., was taken into custody without incident Thursday on charges related to the unlawful transportation of explosives and possession of explosives by a convicted felon.
Both charges carry a maximum penalty of up to 10 years in federal prison.
Donald Davis, U.S. Attorney for the Western District of Michigan; David McCain, ATF special agent in charge in Detroit; and Brian M. Moskowitz, special agent in charge for HSI Michigan and Ohio, announced the arrest.
Kassab was listed in a superseding indictment as a co-defendant with John Francis Lechner, 65, also a resident of Sault Ste. Marie. Lechner was originally the sole defendant in an explosives case stemming from the discovery of 4,200 pounds of a mixture of ammonium nitrate and fuel oil, commonly known as “ANFO,” and various other explosive materials, in September 2011. Lechner was arrested last September and remains in custody.
The superseding indictment repeats Lechner’s original charges and also adds charges relating to his possession of ANFO with Kassab in November 2010.
Lechner had been set to be tried on the original charges May 21, 2012. With the addition of Kassab as a co-defendant, the trial date is likely to be rescheduled for later in the summer.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty