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Inmate accuses corrections department of violating agreement
By concordmonitor.com - Jeremy Blackman
Published: 10/22/2013

A murderer serving a life sentence in state prison has accused the Department of Corrections of failing to comply with a decades-old operations agreement and says he plans to bring his claims before Merrimack County Superior Court.

Clifford “Edgar” Avery Jr., who is in his late 60s and was convicted in 1975 of killing an 18-year-old Concord woman, said the department is not adequately staffing its education, vocation and counseling programs, that it doesn’t properly segregate violent inmates, that it’s not maintaining sanitary conditions in some facilities, and that it’s violating certain medical requirements, in addition to other requirements.

“Some of the non-compliance issues are beyond Commissioner (William) Wrenn’s ability to fix due to a lack of financial resources,” Avery wrote recently in a letter to the Monitor. He said his concern will be presented before the court “probably within the next couple months.”

Corrections spokesman Jeffrey Lyons declined to comment on possible litigation. But he reiterated a statement he made last month: that the department is fulfilling its obligations under the 1978 Laaman Consent Decree, which established requirements for living conditions, as well as program and medical treatment offerings at the state prison.

Senior Assistant Attorney General Michael Brown, who handles civil matters for the Department of Justice, said the state is “absolutely” in compliance with the Laaman agreement. Brown said his office meets at least quarterly with New Hampshire Legal Assistance, the firm that represented the inmates in the 1970s suit and that has continued to monitor conditions at the prison to address and correct potential violations.

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