Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 1 of 77 PageID: 1 UNITED STATES DI STRICT COURT FOR THE DISTRICT OF NEW JERSEY WAYNE PRAY, ) ) Defendant, Docket No. V. UNITED STATES OF AMERICA, Respondént 88—175 (w) ) DEFENDANT’S MO TION TO MODIFY TH E TERMS OF HIS IMPRISONM ENT NOW COMES, Wayne Pray Pet itioner, pro—se in the instant ac praying this Co tion, urt by way of this petition to m odify the terms of petitioner’s imprisonment, pu rsuant to 18 US C § 3582(C)(2). Prayer for mod ification is base d on the followin g facts: --— -— -— --- - ___ ___ ___ ___ _ Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 2 of 77 PageID: 2 (1) On or about Octob er 1, 1989, petitioner was senten ced to a “genera]. sentence of life” on counts 1, 2 and 7 of his In dictment. Petitioner was ad ditionally sentence to three 25 year sent ences each to run conc urrent to his senten ce of life and two co nsecutive to one another. (2) Petitioner’s guidel ine custody classif ication calls for a lev el 42 with a criminal history category of 3 (See Attached Petit ioner’s Exhibit 1) (3) On July 18, 2014, the United States Se ntencing Commission voted unanimously to ma ke the “Drug Minus Two” 782 Amendment Retroactive with a single lim itation no orders reducing a sentence can tak e effect until Novem ber 1, 2015. However, the Court will consid er the drug reduct ion motion beginning November 1, 2014. (4) 18 U.S.C. § 3582(C)(2) reads in pertinent pa rt as follows: (C) Modification of an imposed term of im prisonment. The Court may not modify the terms of imprisonment once it has been imposed except that..... (2) In the case of a de fendant who has been sentence to a term of impriso nment based on a se ntencing range that has been subseque ntly lowered by the Sentencing Commission pursuant to 28 US C § 994(o), upon mo tion of the defendant or the director of the Bureau of Pr isons on its own. Th e court may reduce the terms of impriso nment. 18 U.S.C. § 3582(C)(2). Defendant asserts th at petitioner’s sen tence was based on a sentencing range that has subseque ntly been lowered by the tinited —1— ___ ___ ___ ___ ___ . Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 3 of 77 PageID: 3 States Sentencing Co mmission and made ret roactive. Therefore, petitioner is eligib le for a modificatio n of his sentence. Petitioner’s assertion is based upon 3582(C)(2 ) as it currently exist and is undergr id by petitioner’s sen tencing guideline 42 custody classifiacti on level. The minus two point amendment places petit ioner in a guideline range of 360 months to life at best, witho ut consideration for the November 1, 199 4 Amendment where the Sentencing Commission capped the drug quan tity table at base lev el 38, which allowed for a sentencing ran ge of 292—365 months. DISCUSSION The decision by a court to entertain a de fendants 3582(C)(2) motio n and to subsequently elect to lower a defen dant’s sentence is in many regards discretio nary, though it is a discretion often bridle d by several factors courts are encouraged to consider. Not the less of wh ich is “would a defen dants sentence have bee n different if sentence today? And a defenda nt’s post conviction rehabilitation.” Would A Defendant’ s Sentence Have Been Different, if, Senten ced Today? On June 26, 2000, the United States Su preme Court decided Appre ndi v. New Jer sey , Though the factual premise for the Co urt’s decision is Ap prendi, addressed the Constitutionality of New Jersey’s “HATE CR IME” statue, the legal premise undergridding the Supreme Court is holdinq in Apprendi was —2— Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 4 of 77 PageID: 4 destined to create a sea of change with fa r reaching ramificatio ns and consequences, In Apprendi, the Supreme Court held: “The Constitution re quires that any fact that increases the penalty for a crime beyond the pre scribed statutory maximum, oth er than a prior conviction, must be su bmitted to the jury and proved beyond a reasonable doubt.” That Apprendi, and its progenies dramatically changed the legal landscape as it pe rtains to both the quantity and the iden tity of the substance ch arged is clear beyond any need for citatio n. It is now a bedrock principle of law “T he amount and identit y of drugs alleged in an narcotic offense must be alleged in the indictment, submitt ed to:the jury, and proven beyond a reaso nable doubt.” In the matter at ba r as to any count al leging distribution the court instructed the jury as follows: “In certain counts in the Indictment ch arging possession wi th the intent to distr ibute or actual distr ibution, it is alleg ed that certain amoun t of specific cont rolled substance were possessed or distributed. Th e evidence in this case need not establ ish that the amount or quantity or substance was actually as all eged in the Indictment, but only that a me asurable amount of the controlled substan ce was in fact the subject of the act charged.” In the instant ma tter this charge to the jury not only infected petitioner’s convict ion under the 841 substantive offenses but also under the 846 conpiracy offense. 1n Count 1 the Co nspiracy charged two separa te objects with vastly different statutory —3— -- -- -- - Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 5 of 77 PageID: 5 sentencing ranges. The statutory range would rest as it must on both the substan ce alleged and the amount charged. Under 21 USC 841(b)(l)(C) where there is no actual am ount alleged, then the statutory sentence range for the offense is 0—20 1 years for cocaine and 0— 5 years for marijuana . The choate offense dictates the statutory sen tencing range for the inchoate offense. Petitioner’s senten ce would clearly hav e been different now in light of the facts and law as outlined herein. POST CONVICTION REHA BILITATION In Pepper v. Unite d States, the Supreme Court held that post— conviction rehabilit ation is highly rele vant for sentencing pu rposes and the parsimony clause (See Peppers, 131 SCt. (March 2, 2011)). In the matter now before this Court pe titioner’s post convict ion rehablitation is bo th detailed and well documented. The record will reflect based upon petitioner’s Exhibit 2 in a seperate proceed.ng by petitioner for compassionate releas e that petitioner’s efforts in this are a both compelling and extraordinary. (See Petitioner Exhibit 2) As this subject is well covered in petit ioner’s Exhibit 2, petitioner will for ego any discussion here in this regard and will relay on Exhibit 2 itself. SUMMARY Petitioner has pra yed to move this Co urt for a modificatio n of his sentence pursuant to 3582(C)(2). Petit ioner’s guideline ran ge factoring in the minus two point red uction, alone places petitioner in at level 40. Th e additional Amend ment Drug Quantity Ta ble of —4— Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 6 of 77 PageID: 6 of 1994 would redu ce petitioner’s guideline range to 292—365 months. Petitioner prays th e Court to modify his sentence and grant any other relief it deems to be fair an d equitable. ‘-‘ / Wayne Pray, Pr&-Se —.5— SPE.!AL NOTIC TO DEFENDANT E Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 7 of 77 PageID: 7 D RAFT untec; IllU 1 1 fr_ -. iC1-fl- J ‘11’i tT’ t IN UNITED STATES jaicn Oi lOkVJiflg DISTRICT c.buRT;.. •1ii 1 :y: 32 () 1 (J) FOR THE DISTRICT OF NEW JERSEY -‘pc USPO ‘‘‘ —— ----—— —— — UNITED STATES OF AMERICA V. Dt __— ) Docket No. 88—00175—001 PRESENTENCE REPO RT The Honorable Jo hn W. Bissell United States D istrict Judge Prepared by: Adolf Hemmans United States Pr obation Officer (201) 645—6161 Sentencing Dat e: December 8, Offense: Identifying D ata: Date of Birth: Social Securit y Number: Address: Detainers: Codefendants: June 21, 1988 re manded into custody in lieu of bail. March 22, 1948 143—40—7196 27 Mountain Way West Orange, Ne w Jersey 07050 None. See Part A (Offe nse and Verdicts). Assistant U.S . Attorney Joseph A. Gre enaway, Jr. and Alberto Ri vas 970 Broad Str eet Newark, New Je rsey 07101 (201) 621—2718 Date report prepared: Revised: 1989 See Charges and Convictions, Counts 1, 2, 4, 5. 6 and 7. Release Status: —--— — ) Wayne Pray (A/K/A: Akbar) Prepared for: —— November 20, Defense Counsel Miles Feinstein , Esg. 4 Brighton Road Clifton, New Je rsey 07014 (201) 779—1124 1989 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 8 of 77 PageID: 8 U.S. DISTRICT CO URT Count One 77. 78. 79. 80. 81. 82. 84. 13 Wayne Pray - Principal Administ ration in Continui ng Criminal Enterpris e Base Offense Leve l: The guideline for is found in Sectio a 21 U.S.C. 848(a)(b n 2D1.5 of the G ) offense uidelines. engaged in a cont The defendant was inuing criminal en offense level is terprise, therefor e, the base 36. Specific Offense Characteristics: None. .2 Adjustment for Ro le in the Offense: None. Victim Related A djustment: None. - Adjustment for O bstruction of Just ice: None. Adjusted Offense Level, Count One (S ubtotal): Count Two Cocaine. 83. - — Conspiracy to Distri bute and Possess Mariluana and Base Offense Leve l: The guideline for a 21 U.S.C. 846 found in Sections offense is 201.4 and 201.1 of was involved in the Guidelines. The defendant a conspiracy which had as an object th distribution of mo e possession and re kilograms of mariju than five kilograms of cocaine an d more than 100 ana. When these drug qu coupled with the an tit ie s ar e sum of the narcot individually ic drugs mentioned substantive counts in th of e co nv ic tio n, as is called fo No. 1 of 201.4*, r by Application No the drug quantitie te s which are arrived the amount (50 ki los cocaine) which at level that is po is set for the high far exceeds ssible based solely est offense offense level is on drug quantities; 36. the highest Specific Offense Characteristics: Pursuant to Sectio units were added n 2D1.1(b)(1) two to the defendant’s defendant possesse offense level beca us d three firearms offense. during the commissio e the On June 21, 1988 n of the the weapons were re Orange, New Jersey portedly seized in . West ±2. 85. Adjustment for Ro le in the Offense: defendant’s offens Pursuant to Sectio n 301.1(a) the e level is increase d by four units beca the leader of a criminal activity use he was that involved five participants. or more 86. Victim Related A djustment: 87. None. Adjustment for O bstruction of Just ice: None. .2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 9 of 77 PageID: 9 U.S. DISTRICT COUR T - 14 - Wayne Pray 88. Adjusted Offense Le vel, Count Two (Sub total): 89.. Pursuant to 30 1.3(b) offense guideline th in situations where counts are grouped the at produces the highe st offense level is Thus, Count two of applied. the Indictment would be used in calculatin final adjusted offen g the se level. 90. Adjustment for Acce ptance of Responsibili does not believe th ty: The Probation Departm at the defendant satis ent fies the requirement downward adjustment for a of his offense level under Section 3E1.l. defendant maintains The that he is innocent and appeal his conviction indicates that he plans . to .Q. 91. Total Offense Level ia PART B. THE DEFENDANT’S CRIMI NAL HISTORY Juvenile Ad-ludicati ons 92. None. Criminal Conviction s 93. 94. Date of Arrst Charge/Agency 04—05—77 (age 29) Uttering and Publishing (6 counts). The Recorder’s Court. Detroit, Michigan. Pate Sentence Dposed/ Disposition Guideline! Score V 11—03—77: Probation 2 years. Fine $200 and restitution. 02-23—78: Probation warrant. 4A1.1(c) In the above matter, the defendant was repres Daggs. ented by attorney Leroy Probation records re flect that the defenda deposited to his ban nt co-signed and k from the Wayne Count account six checks that were reportedly sto y Welfare Departmen len t. investigators at the Th time that in the cours e defendant told buildings he was ap e of managing several proached by an individu al and asked to cash the checks. He further advised th at he had been in the public assistance ch habit of cashing ecks for some of his tenants. V V Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 10 of 77 PageID: 10 U.S. DISTRICT COURT 95. 96. 97. 98. 99. - 15 - Wayne Pray The defendant was ch aracterized as manipulativ e and uncooperative by the Probation Depar tment during the period that his presentence rep was being prepared. ort Approximately four month s after he was placed on supervision, the Probat ion Department obtained he had absconded fro a warrant. alleging that m supervision and failed to make any payments towards the $1,406 in restitution that had been ordered. During a recent inq uiry, we were advised tha t the warrant is still active. 09—27—82 (age 34) Unlawful Possession Weapon. Superior Court, Essex County, New Jersey. 07—15—83: Fined $1,000. Victim Funds $100. 4Al.l(c) In the above matter, the defendant was repres ented by attorney N. Caprio. During a check of the defendant’s driving crede ntials, arresting officers spotted a .38 caliber revolver protrudin driver’s seat of the g from under the Mercedes that the defend ant was operating. advised the county pro Pray bation officer who prepar report that on the ed his presentence day of his arrest he had been passing out posters and complimentary tic kets for a fight he was promoting. informed his interview He further er that he had the gun wit because on the day h him for protection of the incident he had app roximately $4,000 in cash with him. The defendant further reported that he had had hanging around his hou strangers se and following his son . Criminal History Comp utation 100. The above crimi nal convictions result in a subtotal criminal his score of 2. tory Z 101. Pursuant to 4Al.1 (d) two additional un its are added to the defend criminal history score ant’s because the defendant com offense while still mi tted the ins tan t under a sentence that was 1977 by the Recorder imposed on November 3, ’s Court of Detroit, Mi chigan. placed on probation The defendant was for absconded from supervi a period of two years on the latter date but sion on February 23, 1978 causing a warrant to be issued for his arr est. The warrant remains ac tive. 102. The total of the 1J-P criminal history point s is 4. Sentencing Table (Ch According to the apter 5, Part A), 4 to 6 criminal history points establishes a crimina l history category of III . ±a Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 11 of 77 PageID: 11 U.S. DISTRICT COUR T - 16 - Wayne Pray Other Criminal Co nduct 103. 02—17—71 (age 22) Disorderly Person. Elizabeth, New Jersey Municipal Court. 01—10—74: Dismissed without Prejudice. 104. According to a police report, ar resting officers stopp vehicle which was ed a motor being operated by M arvin Austin and therea Austin to allegedl fter found y be in possession of a gun. after he was alle Pray was also charged gedly found to be in possession of two en containing pills. velopes At the time of his ar $1,870 in his poss rest Pray reportedly had ession. Also charged incident were Rich with disorderly person ard Booker, Floyd Ra in the msey and Robert Harris . 105. 02—22—76 Conspiracy to 03—01—76: (age 27) Possess, Be nch Warrant. Distribute, 01— 21—77: and Import BW ex ecuted. Heroin. 02—14—77: Southern District Bail Posted. of New York. 05-05—77: Nolle Prosegui. Indictment No. S76CR194. V Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 12 of 77 PageID: 12 U.S. DISTRICT COURT - 20 - Wayne Pray Probation 126. Statutory Provisions (Cou nts one, two, four, five, six and seven) : Pursuant to Title 18, U.S.C. 3561(a )(1), a sentence of probation may not be imposed for any of these clas s A felonies. Title 21, U.S.C. 841 also mandates minimum prison term s for these counts with the exception of Count 7. 127. Guideline Provisions: The defendant is ineligible for probation because the offenses are A felonies and carry mandatory minimum jail terms (5B1.1). PART I). OFFENDER CHARACTERISTICS Ffi’ies, Family Responsibi lities, and Community Ties 128. The 41 year old defendant was born in Newark, New Jersey and is the oldest of twochi1dren from the relationship of Henrietta Pray and Jaiués Davis. IThe defendant ind icates that he knows very little about his father wh1n he states has now pass instance, that up until approximately ed away. He revealed, for 30 years of age he had always been made to believe that his father was really one James Philip Henry. The defendant had also had very little contact with this indiviia1 whom he states is now also deceased. The defendant and his Si!ing were reared by their moth er and her family in Newark. The mother was steadily employed durin g the defendant’s growing years. She worked for many years with Remco Toy Company in Hrrison, New Jersey. Later she was employed by the Picatinrty Arse nal in Morris County. More recently shéV worked as a custod ian at the New ark High School of the Sciences. Pray reports that his 60 year old mother suifered a heart attack during his trial; after a period of hospitalization, the defendant rep orts that his mother went to live with relatives at an address which was unknown to the defendant. The defendant advised that his moth er had a history of heart disease. 129. The defendant’s one sibl ing, James, died at 36 in 1986 while being held in custody, locally, on a pending criminal matter. The defendant that the brother who had a long hist ory of drug abuse and a documented case of treatment for bone cancer, lapsed into a coma from which he did t recover. Court records reflect that James Pray had an extensive criminal record dati ng back to his juvenile years. firs t age advised - 130. Maritaiflistqry. On September 23, 1975, the defendant was marr ied to, Juanita 42, Detroit, Michigan. The coup le have Majied, 20. Mrs. Pray has oth er chil dre Gera n; rd 25 and Sharonda 23 relationship. The defendant re1aes children believe that he their nee Johnson, now one age in soft age two age age from a previous t-at the last two is V Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 13 of 77 PageID: 13 INMATE SKILLS DEVELOPMENT PLAN Name: PROGRESS REPORT: 03-15-2011 PRAY, WAYNE RegNo: 27436-004 CHARACTER Progress and Goals On October 20, 2010, J.M. Killian, Warden of the Federal Correctional Institution Otisville, New York, submit ted a letter of commendation for inmate Pray for significant contrib utions to programs and operations at our facility. A summary follows: “You have demonstrated real tenacit of that letter y and commitment as I have asked you and your progra m to overcome many challenges. You have been asked to work under specific direction of our staff while reaching out to the inmate participation in programs, participation not always s to encourage welcomed by inmates. From your contribution, we have noticed positive impacts on our overall program participation, continuing commitment to education and reentry, and a decrease in the overall number of incidents across our institution” “You have demonstrated outstanding responsibility, support and diligence in keeping a positive relationship with both myself and the executive staff. As members of the Inmate Advisory Board, I know your role was difficult. Striking a balance is always challenging, however in a penal environment that change daunting. Your willingness to work through issues, is even more problems and changes in missions is greatly appreciated. Each impacted me in a extremely positive way and I wish of you has the very best in all your endeavors and pursuits. You have model exceptional behavior which includes leadership, ed vision and a tremendous commitment to self-improvement. Please stay safe, be well and continue in the positive directions that you have always headed.” “My sincere and personal thanks contributions to the inmate population at Otisville and the professional proactive approach in handling any issuefor your at hand.” The Unit Manger submitted a positive memorandum and pasted below (without formatting): The purpos January 29th, 2011 regarding inmate Pray. The body of the memo is cut e above named inmate since his arrival to this facility of this memo is to communicate some positive accomplishments by the April 23, 2008. I am the staff coordinator of inmate progra facility. I first met inmate Pray in April of 2008. Associate Warden Lara was a Captain at the United States ms at this Penitentiary (USP) Canaan prior to his assignment at our facility. He informed me that inmate Pray was at USP Canaan while he was there and because of his ability to effectively communicate with quelling a couple of tense situations between inmate staff and inmate along with his street credential’s, was influential in gangs and felt he may be a positive influence with the young in our facility. inmate Pray immediately got involv er inmates ed in the inmate groups Community Economic Development Young Men Incorporated (YMI). He brought a (CED) and fresh perspective to the groups and volunteered numerous hours changing course outlines and teaching a variety of his time to of classes. He also attended a training class for inmate instruc CED with several institution staff serving as tors offered by instructors group called Putting It All Together (PIAT). He sought and mentors. Inmate Pray sought out a staff sponsor and created a out talented instructors and pulled together several modul public speaking to resume writing. While some es from of these classes already exist PIAT funnels their studen ts systematically through specific classes in a specific order to ensure a specific message. Warden Killian recognized the many positive things that inmate Pray was involved with and tasked him population. Pray pulled together avariety of talent with coordinating and presenting an entertainment program for the inmate screened them for content and oversaw numerous rehears was very well received by the inmate popula als. Tue show tion and staff made many favorable comments. Based on this success, the Warden had inmate Pray coordinate and presen t additional shows that were also a success. These events were no easy task and required that inmate Pray work with inmate s from all walks of life in a world where appearances are almost everything, he pulled together a diverse and talented group of inmates for each show. For Black History Month 2011, the staff Black Affairs Coordinator sought inmates to put together a program for the inmate population. No one volunteered, so inmate into action. He met with the staff coordinator and has put together a program. Once inmate Pray came forwar Pray sprang inmates then wanted to participate in any way d, several possib be involved because it will be a diverse and quality le. The inmate consensus is that if inmate Pray is involved they want to progra m. The program was well received by staff and inmates. I selected inmate Pray to be among the first to move into a new selected to be housed in this unit were moved from housing unit our institution activated in late summer of 2010. Inmates negative experience, In large part, inmate Pray’s other units. Many of them did not want to move and saw the move as a experience and ability to communicate with inmates from all and his street credential’s resulted in the unit backgrounds activating in a smooth trouble free manner. Now inmates to the new unit and note the positive vibe are reques ting to move as one of the many reasons to move to the unit. LEISURE Status c S. - S. - Response Summary AVV 2;V(VSV VV. V USE OF LEISURE TIME V ® activities indicative of positive use of leisure time; ® participation in a faith group G sports/exercise ® movies/television/music ® reading 0 cultural events/concerts/theater 0 library 0 education organizations V V V Generated: 03-15-2011 08:28:32 Page 6 Inmate Copy ISDS Version: t5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 14 of 77 PageID: 14 p. CERflflCS OP SERVICE Please Note, that I, Wayne Pray, the peti tioner in the matter did cause to b. served to the Respon dent a true copy of the motion herein, by United States Pos tal Service First Class to: Assistant U!4t.d States Attorney 970 Broad s44.t, Suite 700 Nevard, $ev Jersey 07l02a2535 Dated: April 2, 2015 Respectfully, Wayne Pray, Pro—se Case Document 1 Filed 04/07/15 Page 15 of 77 PageID: 15 EXHIBIT 2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 16 of 77 PageID: 16 FPST CTtON JJy.) Though an avid reader for most ofmy life, I had dropping out in the th 11 nonetheless failed to finish high school, grade. Upon my arrival at USP Lewisberg in late 1990,1 enrolled in the Pre-GED class in an effor 1989 or early t to obtain a high school equivalency iffdtø; A .cätel igiie fci..a4itteditoäco1le.ge curriculum conducted under the Pd Grant Program. I was within 12 or 13 credits of receiving my Associates Degree before the Pell Grant Program was discontinued. In near lockstep with my courses and work ing in conjunction with my counselor Mr. lake Metzler, I organized and chaired a series of work shopsfseminars concentrating on. the issue of prisoner apathy. This open discussion quickly gained c1riosity throughout the ccI tyt, f9t?J ,c.ftc xt titic During this time I would complete several class es separate from college and received a certificate for same. I would also become presi dent ofthe NAACP’s Lewisberg Chapter Education Committee. In my role as president , I would recruit and enroll a iargc percentage of the prison’s young offenders placi ng an emphasis on education and what I hoped would become a turning point in their lives. Lewisberg was and remains a maximum custo dy facility arid in. June 1994, after nearly on ofmy overall conduct at the five years at Lewisberg, my Unit Team, in. recogniti institution, moved my custody classification ctxcl to tSP m®.d. I from maximum custody to in-custody. I was $ months before being transferred to USP Atla Awareness Program (DAP). nta to enroll in a 500 hour or one year Drug 2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 17 of 77 PageID: 17 While housed at USP Atlanta I would com plete the required drug program as well as its component the Weilness Program. I wou ld enroll in and complete an assortment of other classes and workshops as outlined and atta ched hereto. Absent an incident Report for ptcperty (I.m a bbUopNijc), my time .at US? Atlanta and overall conduct there would be near exemplaty. The asse ssment of my behavior would be noted by my Unit Team and, as a result, I would be tran sferred to a lesser secured facility in Edg efield, South Carolina. FCI Edgefield was a new facility and had been on line for only a few months when I was transferred; hence, the programs were spars e. My time at Edgefield was spent mentori ng independently and reading and studying var ious disciplines. After approximately three years .s gejc1d, I was tsferred to PCI etersburg in Peters],urg, Virginia, a fçjy closer to my family or a little over seven hour s by car. I arrived at PCI Petersburg in 2002 and like FCI Edgefield, FCI Petersburg was somewhat new and did not have a variety of pro grams for the inmate population. However, my stay in Petersburg would diff er greatly from my stay in Edgefield. Working with my Unit Counselor Ms. Pam ela Pope, I would institute a series of workshops, seminars .d wcicjo.b interviews that attracted large mmibers of the population Counselor Pope and I would con duct this program virtually until the day I left for then FCI Canaan. Although I spent a great deal of my time at FCI Petersburg chairing and recalibrating the program rim by Counselor Pope and me, I nevertheless found the time, or made the time , for one-on-one mentoring and writing for a recent Hip Hop magazine. It was my writing for Jie magazine that broaderieii my reach urb an c9munities and allowed me to in sharpen my message and cautionary tale. It has been’ suggested in many circles that the articles written by me as a featured column ist for a widely read urban magazine had an incremental, though detectable, change in the attitudes and behaviors of more than a few of our inner-city, at-risk youth. 3 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 18 of 77 PageID: 18 While housed at USP Atlanta I would com plete the required drug program as well as its component the Weilness Program. I wou ld enroll in and complete an assortment of other classes and workshops as outlined and attac hed hereto. Absent an incident Report for PSiYC PmPeT.tY (I .m ljblipphjli c), my IJSP Atlanta and overall oct there would be near exemplary. The asses sment of my behavior would be noted by my UnIt Team and, as a result, I would be trans ferred to a lesser secured facility in Edge field, South Carolina. FCI Edgefleld was a new facility and had been on line for only a few months when I was transferred, hence, the programs were spars e. My time at Edgefleld was spent men toring independently and reading and studying vario us disciplines. After approximately three yar t ElgeficI4, I ys tsferred to FCI Petersburg in Petersurg, Virgh a facil ity closer to my family or a little over seven hour s by car. , I arrived at PCI Petersburg in 2002 and like FCI Edgefleld, FCI Petersburg was somewhat new and did not have a variety ofp rograms for the inmate population. However, my stay in Petersburg would diffe r greatly from my stay in Edgefield. Working with my Unit Counselor Ms. Pam ela Pope, I would institute a series of workshops, senilnars .d inoc.k jb interview that s attracted large iumbers ofthe inmate population. Counselor Pope and I would cond uct this program virtually until the day I left for then PCI Canaan. Although I spent a great deal ofmy time at FCI Petersburg chairing and recalibrating the program run by Counselor Pope and me, neve I rtheless found the time, or made the lime , for one-on-one inentoring and writing for a recent Hip Hop magazine. It was my writi ng for iie mgazire tba broadene4 my reac h in urban cçnxununities and allowed me to sharpen my message and cautionary tale. It has beensugested in many circles that the articles written by me as a featured columnis t for a widely read urban magazine had an incremental, though detectable, change in the attitudes and behaviors of more than a few of our inner-city, at-risk youth. 3 - - S - - - - - Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 19 of 77 PageID: 19 1• r [. In 2004 I began putting the final touches on a book that laid out in graphi c detail the risk and consequences of the lifestyle lived by many of our inner city youth, one they euphemistically refer to as “the game.” The release of my book Death ofthe Game becanie must read m inner cities A tour through the harsh realities of the legal system well as a gripping, cautionary tale, Death ofthe Game would forever change the nature as of the discussion about “the game” and its consequences .1 have taken the liberty of attaching portions ofthe book’s closing conimentaiy as well as a few ofthe reader’s comments . In 2005 1 was transferred from FCI Petersburg to then FCI Canaan and like the two previously mentioned FCI’s, the facility was Just coming on lm Though Canaan initially opened as an FCI, gang culture and racial tension were.p alpable It was dunng my stay at FCI Canaan that I was pivotal in stopping a brewing race not between African American inmates and Mexican resident and non-resident inmate s Tins incident and my role in quellug it are noted in my Institutional Prpgress R.cport As tb.e aforementioned document shows, my efforts to get my messag ofthe prison environment and into urban communities continued e beyond the doors unabated as I moved from one institution to another My ongoing efforts are mentioned in two ofthe letters of support that are attached hereto. Specifically, these letters address a CD mixed tape that I helped spearhead entitled “Akbar Pray Speaks to the Streets.” Before departing FCI Canaan, I initiated and hosted several institu tionally-supported events and holidays; each of them a first for the institution: Martin Luther King Day celebration and meal, a Kwanza celebration and a Biçk History Month celebration and meaI. Qspdcic tw.e.en me .an4th W in Qi.eIt attached here. 4 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 20 of 77 PageID: 20 In 2004 I began putting the final touches on a book that laid out in graphic detail the risk and consequences of the lifestyle lived by man y of our inner city youth, one they euphemistically refer to as “the game.” The relea se ofmy book Death ofthe Game nt ill j,•er 1jes. A.Q• rcg1 .1çs pf the 1eg? sysen as well as a gripping, cautionary tale, Death ofthe Game would forever change the nature of the discussion about “the game” and its cons equences. I have taken the liberty of attaching portions ofthe book’s closing commentaly as well as a few of the reader’s comments. . Tn 2005 1 was transferred from PCI Petersburg to previously mentioned PCI’s, the facility was just then PCI Canaan and like the two coming on 1i . Though Canaan 9 initially opened as an FCI, gang culture and racial tensi on werealpable. It was during my stay at PCI Canaan that I was pivotal in stopping a brewing race riot between African American inmates and Mexican resident and nonresident inmates. This incident and my j ljjg qtjiy ttipjl ogiç eot As the aforementioned document shows, my efforts to get my message beyond the doors of the prison environment and into urban communities cont inued unabated as I moved from one institution to another. My ongoing efforts are mentioned in two ofthe letters of support that are attached hereto. Specifically, these lette rs address a CD mixed tape that I helped spearhead entitled “Akbar Pray Speaks to the Streets.” Before departing FCI Canaan, I initiated and hosted seve ral institutionally-supported events and holidays; each of them a first for the insti tution: Martin Luther King Day celebration and meal, a Kwanza eelthration and a Blç k History Month celebration and cpcc tWe1i nie AW Kii±ain is eflected ma document attached here. 4 r Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 21 of 77 PageID: 21 r. OTISVILLE, MAY 2008 In the Spring of 2008, I arrived at FCI Otisville. This facility differed in a sense from many pf the former FCI’s I adb, haying .b ppl fç yil over tyiety years, However, the most profound difference is that Otisville is program-intense. Not long after my arrival I was approached by members of one of the largest, if not the largest, inmate organization at Otisville, Community Economic Development (C.E.D.) and asked to become a member, Less than six months after joining C.E.D. I was appointed its chairman. C.E.D. C.E.D. is an inmate run, staff sponsored organization whose primary goal, through a series of workshops, seminars, classes and open-ended discussions, is to change the life course of some of the at-risk young offenders. One of the organization’s core joneats, Yçung .(YI), eyc1opcI.. 6 we.ec crse jig with cognitive thinkirg, criminal lifestyles, errant behavior and its consequences. Under its banner, C,E.D. has instituted the following classes: Accounting 101 and l02, Managing a Non-Profit Organization, Creative Writing and Retail Business Management Additionally, under my chairmanship, C,B.D. instituted a tracking and placement system for the young men that participated in the various programs. A general overview of some pfk __Q_cI. Simultaneously with my chairing C.Bfl, I was appo ted by Associate Warden Lara to take a seat on the institution’s Inmate Action Comrnite. This committee is an inmate run, but administration approved, one that serves as both a filter and a buffer between the administration and its goals and the inmates and their occasional grievances. 5 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 22 of 77 PageID: 22 My overall efforts and accomplishments in this area are best reflected by the Letter of Commendation received from Warden Killian attached hereto. My role in this endeavor, as highlighted by the Killian letter, ran full throttle from my arrival at FCI Otisville until or for approximately 18 months. lari..g this petiod and iii cping Wcn with my role as an Institutional Mentor, I was selected to enroll in and completed a 72 hour Conflict Resolution Workshop and Seminar. (See attached) In recognition of what the administration noted as my can-do attitude and work ethic, the Warden requested that I organize and Qrchestrate a series of talent shows and musical extravaganzas for the inmate population. Each of these events proved to be a glowing siccess. sp jnl±iis cgst4int1c chç4 papers. After approximately a year and a half as chairman of C.Efl, I signed my position to spearhead, from the ground up, an organization with the acronym P.I.A.T. or “Putting It All Together.” As P.LA.T.’s Ivlission Statement reflects, the purpose is to teach inmates effective communication skills, public speaking, job interview preparation and the strengthening oftheir vocabularies. These courses ran for 16 weeks and resumed on May I am actively involved with the Social Justice Academy at Central High School (CHS S3A) in Newark, New Jersey in a Social Studies class entitled ‘Tacing History and Ourselves.” The Academy will take a three-pronged approach to empowering young people. They will learn critical thinking skills, gain an awareness and understanding of the judicial and penal system that is affecting their lives and examine the counterculture that la. eyolyed into .a es engggement vinIene yljh ems from the conditions of permanent poverty and despair. At the entry level (eshman year), students will learn about the laws that affect them such as laws related t’d gangs, narcotics; the difference between parole and probation; the limits of life as a convicted felon. The second stage will address the effects ofthe Judicial and Penal system on families, particularly children of inmates: what happens to a child when there is an arrest; what are the economic ramifications of incarceration for the family when the main bread winner is gone and 6 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 23 of 77 PageID: 23 when he/she comes back with limited job opportunities; what, ifany, are the educational opportunities to prepare inmates for reintroduction to society. Presently the class is using my books and audio messages to offer insight into the realities of crime and its pnseQuen.ces gnd, jiopefully, prôyidirga .tionary tak tbat ilhttras th pitfalls of extra-legal activities. As an alumnus of Central, I am honored to participate and hope [ that through my writings, recordings and correspondence with the class, they will come to the realization that through education, activism and surrounding themselves th positive role models they can overcome the evils that plague their communities. The scope and purpose ofthe Academy, correspondence from the teacher to my Unit Manager arid letters received from students appear in the Appendices. r I I I Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 24 of 77 PageID: 24 CURRENT PROGRESS REPORT 03-15-2011 r Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 25 of 77 PageID: 25 1• C1JRRE PROGRESS REPORT 0345-2011 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 26 of 77 PageID: 26 INMATE SKILLS DEVELOPMENT PLAN Name: PRAY, WAYNE Current Progress Report: 03-15-2011 RegNo; 27436-004 ACADEMIC @ INTELLECTUAL FUNCTIONING tD no intellectual deficits has NOT attended special education classes LiTERACY GED obtained iD obtained through BOP LANGUAGE G ce fluent in English as primary language COMPUTER SKILLS 0 lacks keyboarding skills lacks word processing skills lacks Internet navigation skills Obtained GEI2 while, in Bureai of Prisons in 1991. While this is a requirement Mr. Prays record reflects that he started taking classes and participating in programs prior to that date and continued to do so. While at Otisville, Mr. Pray has responsibilities of serving as facilitator of a inmate group Putting It All Together (PIAT) and works closely with taken on the in providing a variety of classes, programs and presentations all with the goal of enhancing and improving the a staff sponsor students abilities to navigate life in prison and to prepare for their return to the community. Many of the classes and programs are reflected on the SENTRY Inmate Education Data Transcript and he has numerous certificates of completion in his central file for many others that are not part of the Inmate Education Data Transcript. VOCATIONAL/CAREER — @ EMPLOYMENT HISTORY CD 0 @ unemployed at time of arrest no consistent history of employment 5 years prior to incarceration Ci) other: Owned business CAREER DEVELOPMENT G CD possesses significant expertise in field Sales and Related 41 CD CD realistic careerljob goals upon release seeking position: Retired has no consistent work experience in this field does not have an education degree related to this field 0 - INSTITUTION WORK HISTORY has no consistent institution work history Eval: 02-28-2011 Satisfactory Eval: 01-31-2011 Satisfactory Eval: 12-31-2010 Satisfactory Eval: 11-30-2010 Satisfactory Evl; I 0-31-010 SatifactOry Eval: 09-30-2010 Satisfactory Generated: 03-15-2011 08:28:32 Page 1 Inmate Copy ISOS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 27 of 77 PageID: 27 INMATE SKILLS DEVELOPMENT PLAN PROGRESS REPORT: 03-15-2011 Name: PRAY, WAYNE RegNo: 27436-004 VOCATIONAL/CAREER G ® other: Assigned to Work Pool Evenings. POST INCARCERATION EMPLOYMENT 3 post-incarceration employment not secured other: Will be retired. 3 no release documents obtained to date ProgressandGoals L L L -:--- Mr. Pray’s record reflects that he had a couple of viable businesses prior to incarceration. He has taken numerous classes that should enhance his ability in this area His organizational skills have proved useful as reflected in a letter of commendation from Warden Killian and his Unit manager as well as input from the Associate Warden through the Unit Manager (see Character section below> INTERPERSONAL I____ RELATIONSHIPS c 3 residence in a high crime neighborhood during childhood G no negative peer influences prior to incarceration FAMILY TIESISUPPORT SYSTEM 3 insufficient expected support to warrant positive Family Ties and Support System Spouse: Emotional flnmpnnrr Fmntinn,I PARENTAL RESPONSIBILITY D no children under the age of 21 tD no children under the age of 21 financially responsible for RRC (MINT) Placement is not applicable COMMUNICATION O G - displays good communication skills ‘- —‘V --: ‘—., -.- - --- --.-‘- —-‘.-. - ProgressandGoals —-: - - ---- - — Communication is an area where Mr. Pray is strong. His ability in this’area was noted in the Pre-Sentence Report. The Associate Warden noted his willingness at his last institution, the United States Penitentiary Canaan, and without hesitation to assist in quelling a couple of tense situations between gangs. Letters from Warden Killian and his Unit Manager document several instances in which Mr. Pray proved to be strong in this area of “interpersonal” (see “Character section below) Generated: 03-15-2011 08:28:32 Page 2 Inmate Copy ISDS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 28 of 77 PageID: 28 F INMATE SKILLS DEVELOPMENT PLAN PROGRESS REPORT: 03-15-2011 RegNo: 27436-004 Name: PRAY,WAYNE WELLNESS HEALTH PROMO/DISEASE PREVENT G CD within acceptable weight range height5fi9in. weight (Ibs) 152 BMI Score 22.4 date calculated 03-07-2011 G CD CD CD maintains physical fitness thru regular exercise; aerobic exercise anaerobic or isometric exercise organized sports 0 CD evidence of behaviors associated with increased risk of infectious disease unprotected promiscuous sexual activity does not use tobacco (cigarettes, cigars, and/or smokeless tobacco) G c had a primary care provider or clinic (prior to incarceration) has health insurance coverage upon release DISEASE/ILLNESS MANAGEMENT complies with treatment recommendations and/or takes medications as prescribed, or none required G G G healthy No current health concerns no dental problems no non-routine services/assistance devices needed - TRANSITIONAL PLAN G G CD CD does not require medication upon release from custody does not require on-going treatment or follow-up after release from custody TB Clearance Complete See Exit Summary RRC placement is not applicable - GOVERNMENT ASSISTANCE CD CD 0 has not previously received Social Security assistance eligible for Social Security assistance after release application not submitted to SSA CD 0 has not served in the U.S. Armed Forces, U.S. Military Reserves, AND/OR U.S. National Guard National Guard spouse or a parent has not served in the U.S. Armed Forces, U.SMilitary Reserves, AND/OR U.S. — - Progresar,dGoats’ _- - — \ He is an avid reader and Mr. Pray is very conscientious when it comes to his health, both mertafly, physically and religiously. men in their against wins Pray easily , Mr. competitions “crunch” During daily. exercises He player. enthusiastic chess needed. as assists twenties. He regularly attends religious services and Generated: 03-15-2011 08:28:32 Page 3 Inmate Copy SOS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 29 of 77 PageID: 29 INMATE SKILLS DEVELOPMENT PLAN PROGRESS REPORT: O345-2Ojj Name: PRAY, WAYNE RegNo: 27436-004 MENTAL HEALTH Stat c c @ ResñsiSurnmary - SUBSTANCE ABUSE MANAGEMENT CD no evidence of inappropriate use of alcohol, prescription medications and/or illegal drugs in the year prior to arrest 8 cO no history of substance abuse treatment not currently participating in substance abuse treatment MENTAL ILLNESS MANAGEMENT G no history of mental health diagnosis prior to incarceration G no mental health diagnosis during incarceration G no history of serious suicidal ideation or attempts TRANSITIONAL PLAN G no medication required upon release from custody 0 does not require on-going treatment after release from custody 0 psychology services recommends RRC placement While Mr. Pray did receive an incident report almost twenty years ago for Engaging in a Sexual Mt (conduct in the Visiting Room), his last incident report was just over twelve years ago (1998 for having excess property in his cell). He clearly is not a management problem and information in the “Character” section of this report reflects on the many positive things Mr. Pray has been doing that is not required nor is he compensated for. The record reflects that he completed a drug education class in June of 1994. - I;— @ GENERAL BEHAVIOR no evidence of behavioral problems as a juvenile 8 evidence of behavioral problems as an adult CD 200 series incident report CD 300 series incident reports CD 400 series incident reports c CRIMINAL BEHAVIOR no onset of criminal behavior before the age of 14 no criminal versatility: Convictions in less than 3 categories no significant history of violence: Less than 2 violent convictions ProësandGoals — Incident report history reflects on report in 1991 for Engaging In Sexual Acts / Violating visiting Regulations, one report in 1996 for Failing to Follow Safety Regulations and two reports in 1998 for Being Absent From Assignment and Failing to Follow Safety Regulations. He has not received any infractions since 1998. Not only has Mr. Pray maintained clear conduct for over twelve years, his positive efforts noted in the “Character” section of this report also reflect favorably in the “Cognitive” behavior skill set. Generated: 03-15-2011 08:28:32- Page 4 Inmate Copy SOS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 30 of 77 PageID: 30 INMATE SKILLS DEVELOPMENT PLAN Name: PRAY, WAYNE PROGRESS REPORT: 03-15-2011 RegNo: 27436-004 CHARACTER Status- ResponseSuma”-- PERSONAL CHARACTER 3 • G G c insufficient variety of behaviors to warrant overall positive personal character evidence of spirituality talks to a friend or mentor about spiritual/religious issues: Sometimes active participation in a faith group Always connected to outside spiritual/religious community: Sometimes examines actions to see if they reflect values: Always finds meaning in times of hardship: Always religious assignment MUSLIM no evidence easily influenced by other PERSONAL RESPONSIBILITY ciD G reports responsibility for current incarceration as: self (sole responsibility) G made efforts to make amends for their crime(s) G provide support to organization(s) that assist victims of crime, particularly their type crime(s) G other: Actively involved in multiple inmate groups and classes that promote changing the criminal mindset. Generated: 03-15-2011 08:28:32 Page 5 Inmate Copy ISDS Version: 15.2 I Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 31 of 77 PageID: 31 r INMATE SKILLS DEVELOPMENT PLAN PROGRESS REPORT: 03-15-2011 RegNo: 27436-004 Name: PRAY, WAYNE CHARACTER - ProgresandGoaIsr, -° - - On October 20, 2010, J.M. Killian, Warden of the Federal Correctional Institution Otisville, New York, submitted a letter of commendation for inmate Pray for significant contributions to programs and operations at our facility. A summary of that letter follows: “You have demonstrated real tenacity and commitment as I have asked you and your program to overcome many challenges. You have been asked to work under specific direction of our staff while reaching out to the inmates to encourage participation in programs, participation not always welcomed by inmates. From your contribution, we have noticed positive impacts on our overall program participation, continuing commitment to education and reentry, and a decrease in the overall number of incidents across our institution” ‘You have demonstrated outstanding responsibility, support and diligence in keeping a positive relationship with both myself and the executive staff. As members of the Inmate Advisory Board, I know your role was difficult. Striking a balance is always challenging, however in a penal environment that change is even more daunting. Your willingness to work through issues, problems and changes in missions is greatly appreciated. Each of you has impacted me in a extremely positive way and I wish the very best in all your endeavors and pursuits. You have modeled exceptional behavior which includes leadership, vision and a tremendous commitment to self-improvement. Please stay safe, be well and continue in the positive directions that you have always headed.” “My sincere and personal thanks for your contributions to the inmate population at Otisville and the professional proactive approach in handling any issue at hand.” The Unit Manger submitted a positive memorandum January 29th, 2011 regarding inmate Pray. The body of the memo is cut and pasted below (without formatting): The purpose of this memo is to communicate some positive accomplishments by the above named inmate since his arrival to this facility April 23, 2008. 1 am the staff coordinator of inmate programs at this facility. I first met inmate Pray in April of 2008. Associate Warden Lara was a Captain at the United States Penitentiary (USP) Canaan prior to his assignment at our facility. He informed me that inmate Praywas at USP Canaan while he was there and because of his ability to effectively communicate with staff and inmate along with his street credential’s, was influential in quelling a couple of tense situations between inmate gangs and felt he may be a positive influence with the younger inmates in our facility. Inmate Pray immediately got involved in the inmate groups Community Economic Development (CED) and Young Men Incorporated (YMI). He brought a fresh perspective to the groups and volunteered numerous hours of his time to changing course outlines and teaching a variety of classes. He also attended a training class for inmate instructors offered by CED with several institution staff serving as instructors and mentors. Inmate Pray sought out a staff sponsor and created a group called Putting It All Together (PIAT). He sought out talented instructors and pulled together several modules from public speaking to resume writing. While some of these classes already exist PIAT funnels their students systematically through specific classes in a specific order to ensure a specific message. Warden Killian recognized the many positive things that inmate Pray was involved with and tasked him with coordinating and presenting an entertainment program for the inmate population. Pray pulled together a variety of talent screened them for content and oversaw numerous rehearsals. Fhe show was very well received by the inmate population and staff made many favorable comments. Based on this success, the Warden had inmate Pray coordinate and present additional shows that were also a success. These events were no easy task and required that inmate Pray work with inmates from all walks of life in a world where appearances are almost everything, he pulled together a diverse and talented group of inmates for each show. For Black History Month 2011, the staff Black Affairs Coordinator sought inmates to put together a program for the inmate population. No one volunteered, so inmate Pray sprang into action. He met with the staff coordinator and has put together a program. Once inmate Pray came forward, several inmates then wanted to participate in any way possible. The inmate consensus is that if inmate Pray is involved they want to be involved because it will be a diverse and quality program. The program was well received by staff and inmates. I selected inmate Pray to be among the first to move into a new housing unit our institution activated in late summer of 2010. Inmates selected to be housed in this unit were moved from other units. Many of them did not want to move and saw the move as a negative experience. In large part, inmate Pray’s experience and ability to communicate with inmates from all backgrounds and his street credential’s resulted in the unit activating in a smooth trouble free manner, Now inmates are requesting to move to the new unit and note the positive vibe as one of the many reasons to move to the unit. LEISURE - Rrisemá :- - USE OF LEISURE TIME G activities indicative of positive use of leisure time; G participation in a faith group G sports/exercise G movies/television/music G reading G cultural events/concerts/theater G G library education organizations Generated: 03-15-2011 08:28:32 PageS Inmate Copy SOS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 32 of 77 PageID: 32 INMATE SKILLS DEVELOPMENT PLAN Name: PRAY, WAYNE PROGRESS REPORT: 03-15-2011 RegNo: 27436-004 - LEISURE Mr. Pray makes positive use of leisure time activities. He participates in a faith group. He exercises daily. He is an avid reader of a wide variety of themed books. At the request of the Warden he created and directed two talent shows for the institution. He volunteered created and directed the 2011 Black History Month celebration. Along with a staff sponsor he created and maintains an inmate organization called Putting It All Together (PIAT). DAILY LIVING I e*ñseS FINANCIAL MANAGEMENT G knowledge in maintaining checking account G knowledge in maintaining savings account G knowledge in utilizing an ATM debit card G knowledge in obtaining loans G has an established positive credit history 3 did not live within financial means G pays monthly bills on time FOOD MANAGEMENT G G G possesses grocery shopping/consumer skills makes good nutritional choices to maintain health possesses basic food preparation skills knowledgeable in accessing community resources to obtain food PERSONAL HYGIENE/SANITATION ‘..-‘ c gooa personai nygiene and sanitation CD quarters assignment: HOUSE D/RANGE 04/BED 401L TRANSPORTATION 3 does not have valid driver’s license No outstanding motor vehicle violations 3 G does not own personal vehicle with appropriate insurance possesses public transportation skills and has access to public transportation IDENTIFICATION 3 3 3 does not have photo identification does not have birth certificate does not have social security card HOUSING G established housing year prior to incarceration CD established housing: owned or mortgage CD established housing: lived with family CD established housing: non-publicly assisted G established housing not in a high crime neighborhood G CD CD CD housing upon release supervision district is not a relocation not applicable anticipated housing plan approved by USPO(s) no concerns with anticipated housing plan - Generated: 03-15-2011 08:28:32 Page 7 Inmate Copy ISDS Version: 1.5.2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 33 of 77 PageID: 33 INMATE SKILLS DEVELOPMENT PLAN PROGRESS REPORT: 03-15-2Ô11 Name: PRAY, WAYNE RegNo: 27436-004 DAILY LIVING c: c RESIDENTIAL REENTRY CENTER (RRC) PLACEMENT FAMILY CARE 0 0 0 not responsible for obtaining child care for any dependent children upon release not responsible for obtaining elder care for any dependent(s) upon release not responsible for obtaining any other special services for dependents upon release Mr. Pray has no problems in this area. He is knowledgeable in all areas under Daily Living: Financial Management, Food Management, Personal Hygiene/Sanitation, Transportation, Identification, Housing, Residential Reentry Center (RRC) Placement and Family Care. He completed payment of his required court ordered assessment fee for the instant offense in June of 1996. Generated: 03-15-2011 08:28:32 PageS Inmate Copy ISDS Version: 1.5.2 mew Case Document 1 Filed 04/07/15 Page 34 of 77 PageID: 34 EXHIBIT 2 A Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 35 of 77 PageID: 35 LETTERS OF SUPPORT 1. Honorable Mayor Kenneth A. Gibson, retired Mayor of Newark, NJ 2. Ras Baraka, Principal of Central High School, Councilman S. Ward, Newark, NJ 3. Anna White, Program Coordinator, ASPIRA, Juvenile Justice Program 4. Milagros Milan Harris, Lead Teacher, Central High School, Social Justice Academy 5. L. Glendon Szymanski, Reacreation specialist; FCI Otilsville 6. J. M. Killian, Warden, FCI Otisville 7. Hafiz Farid, NoCane Inc. 8. Greg Joyner, Founder and CEO, Project Drive, Inc. 9. Councilman D. Bilal Beasley, Council 2nd Vice President; Council Member At-Large, Township of Irvington, NJ 10. Cynthia Mosley, Executive director, Parent Advocacy and Service Academy 11. Terrence Williams, School Administrator 12. Wayne, Conley, Screenwriter Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 36 of 77 PageID: 36 To whom it may concern: - September 4, 2012 My name is Kenneth Gibson. From 1970 until 19861 was the mayor of the city of Newar k, New Jersey I am writing this letter on behalf of Mr Wayne Pray Although I retired from active politics years ago, I have continued to take an interest in the people of my city. About ten years ago, I learned of Mr. Pray’s involvement as a positive influence in academic and educational circles. 1 was well aware that he had been incarcerated at that time for nearly fifteen years. I also learned that Mr. Pray had been taking an active role in trying to deter many of the young inner city kids who were on a path that would certainly lead them to where he was. initially, members of the city’s law enforcement community had begun to take a CD entitle d “Akbar Pray Speaks to Urban America” to the city’s Youth House, playing it to otherwise disruptive kids, who would listen in quiet attention. It was further revealed that Mr. Pray had become a writer for an urban magazine, where his articles were developing a broad following. Both young and old were following his column, entitled “A View From the Inside.” With articles such as “An Open Letter to the Crips and the Bloods,” “Elevating Form Over Substance,” and “You and the Law,” Mr. Pray was able to show, as few others could, the sheer foolishness of pursuing a lifesty le that ultimately could only lead to two places: a jail cell or a grave. Recently, I have become apprised of Mr. Pray’s involvement with a few of our local high schools, including my own Alma Mater and his, Central High School. In collaboration with teachers and administrators, adding to the use of his CD and writings, Mr. Pray has developed an impressive roster of speakers and supporters who have shared their time and know1edge to mentor and guide students at risk of losing their way to the lure of the streets. What he is doing is commendable and to be applauded. His potential to have a positive impact in our city is clear. ft is for these reasons that I ask that Mr. Pray’s life sentence be commuted. Thank you for your consideration in this matter. A. Gibson ____ Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 37 of 77 PageID: 37 THE NEWARK PUBLIC SCHOOLS Central High School (] th 246-250 1 8 Avenue Newark, New Jersey 07108 Phone:973-733-6897 j Christopher I). Cerf Acting Commissioner of Education Cami Anderson State District Superintendent Ras Baraka Principal Mr. Ronald A. Rogers Office ofthe Pardon Attorney 1425 New York Avenue Washington D.C. 20530 May 26, 2012 Re: Wayne Pray Register Number: 2743 6-004 FCI Ottisvile Federal Correctional Institution P.O. Box 1000 Otisville, NY 10963 Dear Mr. Rogers, My name is Ras Baraka and I am the principal of Central High School in Newark, New Jersey. I am also honored to serve as the Councilman ofNewark’ s South Ward. It is with great pleasure that I write this letter on behalf of one of our students most ardent supporters, Wayne Akbar Pray. During the 2010-2011 academic year, several teachers in our school s Social Justice Academy requested permission to use articles and a CD that were made by Wayne Akbar Pray. While I was initially reluctant about the idea, one cannot argue with results. Mr. Pray’s message immediately elicited discussions, writing, and overall increased the level of student engagement among our most at risk populations. This scholastic year, our students have been the. beneficiaries of a lecture series developed by the Social Justice Academy, in conjunction with supporters of Mr. Pray. The list of speakers includes a Superior Court Judge, the Dean of a local university, as well as many others who have come to bring a positive message of self-actualization to our children. As a member of the community who understands urban culture, Mr. Pray s approach to the students has been nonthe students to become critical thinkers, responsible judgmental and supportive, as he e , community. Most importantly he is informing them on and accountable to their fami that he finds himself in. tance how to avoid being in Thankyo ur attention. Changing Hearts and Minds to Value Education Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 38 of 77 PageID: 38 * Mr. Ronald A. Rogers Office of the Pardon Attorney 1425 New York Avenue Washington, D.C. 20530 May 17,2012 Re: Wayne Pray Register #: 27436-004 FCI Otisville Federal Correctional Institution P.O. Box 1000 Otisville, NY 10963 Dear Mr. Rogers: My name is Anna White and I am a Program Coordinator for a Juvenile Justice program located in Newark, NJ. It is with great pleasure that I submit this letter on behalf ofMr. Wayne Pray Reg. #: 27436-004. Mr. Pray has assisted me tremendously with guest speakers, articles of true revelations and cds that speak upon the youth’s involvement in the community; how our at risk youth population needs to engage more in a positive outlook on life and fulfilling their dreams of being successful individuals and not become a statistic in the prison system. Mr. Pray is dedicated to conimunicating with the community concerning our on-going issues arising amongst our most valuable asset-OUR YOUTR While incarcerated for 24yrs; Mr. Pray has devoted much of his time and effort to educational programs and community-sensitive projects. Mr. Pray has used his time constructively & effectively. He has become a strong advocate of helping our youth become more responsible and accountable for their role in which they play in the community. With this being said; I highly support Mr. Wayne Pray in successfully reentering into society so he can continue on his journey of being a productive citizen. Sincerely, Anna Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 39 of 77 PageID: 39 M ilagros Milan Harris ld, IStatel 07003k 201-519-1223 32 Fontaine Avenue Bloomfie E-Mail: tiharñs@nns.ki2.ni.us • Fax: 973-680-4754 Mr. Ronald A. Rogers Office of the Pardon Attorney 1425 New York Avenue Washington D.C. 20530 June28, 2011 Re: Wayne Pray Register Number: 27436-004 FCI Ottisville Federal Conectional Institution P. 0. Box 1000 Otisvile, NY 10963 Dear Mr. Rogers, tral High School in ris and I am a Social Studies teacher at Cen My name is Milagros Milan Har tice Academy a mater. I teach a class in our Social Jus alm y’s Pra yne Wa . ey.. Jers New Newark, s a critical approach to selves. As the title implies, this class take Our and tory His ing Fac tled enti students examining the issues and concerns of the by on zati uali -act self and ess self-awaren ent of the course that social justice. There is also a compon and ory hist of m pris the ugh thro ugh the application of -efficacy and community activism thro promotes agency, increases self ourages ry action research. The YPAR process enc pato tici par th you for nym acro YPAR, the ip roles in effecting ct their communities and take leadersh students to delve into issues that affe on plans. development and implementation of acti positive change though research, expectations. The goal gang violence, unemployment and low by ued plag is ey Jers New , ark New k here do it daunting for teachers. Those of us who wor of shrinking the achievement gap is ely, the so goes the future of the city and ultimat go, n dre chil e thes as that ize real because we her at risk and standardized testing put our students furt ion icat ntit qua like ds wor z Buz nation. to their ut the socio-economic conditions that lead for failure, while there is little said abo h day is a struggle for survival. disengagement from academics, as eac Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 40 of 77 PageID: 40 unity Mr. Pray’s message has drawn As an alumni and a ve1L respected elder in the comm rooms, participating in Socratic seminars and students who are normally disengaged into the class seen in the entire school year. His approach writing with depth and meaning such as I have not . It is not a tale of how to beat the system. has been non-judgmental; he understands the culture sibility and accountability as he Quite to the contrary, Mr. Pray brings a message of respon up their game though education and encourages the students to think critically and step entrepreneurship. communities, through his writings, At a time when gang violence continues to plague urban has delivered a salient message about the recorded messages and letters to the students, Mr. Pray students It is his success with the penis of extralegal activity that that resonates with the mass incarceration that has inspired those children, and our own understanding of the effects of rporate Mr. Pray’s work into our of us who teach in the Social Justice Academy to inco h were written by the students They are curriculum I have included the letters to Mr Pray whic are the best pieces of writing they put moving and poignanL.and as their teacher, let me say, they and revising the message is strong, out all year While time did not allow for peer editing were introduced during the last two especially considering that his writings and spoken words ted “tF my students He hac already weeks of school in June Wayne Pzay’s words hae resona ing. had an impact on these children. ..and they are only beginn Thank you for your attention. Sincerely, Milagros Milan Harris Social Studies Teacher Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 41 of 77 PageID: 41 Federal Bureau of Prisons Federal Correctional Institution OtLsville, New York 10963 December 30, 2010 ‘MEMORANDUM; FROM: TO: UNIT MANAGER: M. REPECKI SUBJECT: IJM PRAY 27436-004 direct supervision for a period of nearly one year. IJM Pray 27436-004 Worked under my t rely on JIM Prays for various jobs. He showed grea to came I clerk my as lly initia king Wor self assigned to him. He was always well organized and incitive and dedication with all projects ing developing new programs for the population. motivated. J/M Pray was instrumental in help den Kilian selected J/M Pray to organize and However the high point for me came when War king under any supervision I saw how talented and coordinate a first of its kind talent show. Wor talent show became a rousing success. The success resourceful JIM Pray was, The Otiville’s got Pray’s resourcefulness and organizational abilities. of that project is owed in no small part to test degree of respect and civility to me In closing, J/M Pray has always showed the grea the Otisviiie staff and inmates alike. and all other stafi He is widely respected by Case 2:88-cr-00175-CCC Document 1 FiledU.s. 04/07/15 Page 42 of PageID: 42 uepanrnent or77 Justice Federal Bureau of Prisons Office of the Warden Federal Correctional Institution Otisville, New York 10963 October 20, 2010 Wayne Pray Register Number .7436-004 - It is my pleasure to present to you this Letter of Commendation. You have been identified by staff at the Federal Correctional Institution (FCI), Otisville, New York, as making significant contributions to programs and operations in the FCI Otisville community. You have demonstrated real tenacity and commitment as I have asked you and your program to overcome many challenges. You have been asked to work under specific direction of our staff while reaching out to the inmates to encourage participation in programs, participation not always welcomed by inmates. From your contributions, we have noticed positive impacts on our overall program participation, continuing commitment to education and reentry, and a decrease in the overall number of incident reports across our institution. * You have demonstrated outstanding responsibility, support and diligence in keeping a positive relationship with both myself and the executive staff. As members of the Inmate Advisory Board, I know your role was difficult. Strilcing a balance is always challenging, however, in a penal environment that change is even more daunting. Your willingness to work through issues problems and changes in missions is greatly appreciated. Each of you has impacted me in an extremely positive way and I wish the very best in all your endeavors and pursuits. You have modeled exceptional behavior which includes leadership, vision and a tremendous commitment to self-improvement. Please stay safe, be well and continue in the positive directions that you have always headed. My sincere and personal thanks for your contributions to the inmate population at Otisville and the professional proactive approach in handling any issue at hand. Sincerely, J. M. Killian Warden Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 43 of 77 PageID: 43 NoCane Inc April 20, 2010 Mr. Ronald L. Rodgers Office of the Pardon Attorney 1+25 New York Avenue Washington, DC 20580 Dear Mr. Rodgers: Let me began by expressing my gratitude for the opportunity to address you in a matter of grave importance; I do so with humility, sincerity and respect I am writing this letter on behalf of inmate Wayne Pray #H3FFS21, who was sentenced to life without parole plus fifty years in 1988. He is presently serving time at the Federal Correctional Institute in Otisville, New York, and he has been incarcerated for over 22 years. Hehas already lost, the best of his middle age years, he has lost several of his own children to tragic deaths since his imprisonment, unable to even attend their funerals, he has not seen or touched most of his immediate family in two decades. According to recent studies, the average life expectancy for a black male in America is 69.8 years, Mr. Pray is now 62, only G-d knows how much or how little time that he or any of us have left on this earth Therefore I humbly implore your indulgence and ask that you grant cierrwncy and relief to Wayne Pray so that he may have a chance to be a father to his children, an asset to his family and community in the remaining years of his life I am making this plea for his release as a personal and family friend; my mother and his mother were childhood friends, and our families grew up in one of the most perilous cities in the country amidst the most tumultuous times in American history. Newark New Jersey, the city that we both were born and raised in is a case study for an urban city caught in a vice grip of corruption, crime, drugs and violence, I sit here writrng alive and free only by the grace of G-d, my own mother was not as fortunate, after succumbing to the scourge and deadly epidemic of heroin addiction; she was eventually arrested and sentenced to 6 years to Life under the infamous Rockefeller Drug Law in New York city. I mention this too because this horrendous experience altered my entire life and the life of my family. Our nations drug czar, Gil Kerlilcowske, has strongly recommended the need for sentencing reform; numerous university studies have agreed that disparity in sentencing is an unfair reality that reaps havoc on families and communities. I believe in justice but I also believe in justice tempered with mercy, I also believe in my heart thit men like ?vtr. Pray can not only be redeemed, but are uniquely suited to help o.’r wayward youth find their redemption. He has demonstrated his ability and desire to become a force for change among our youth, his positive work among inmates inside the federal prison system is well documented, his interventions to prevent violence among inmates and to help maintain peace and security inside the institution has also been recognized by prison officials. Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 44 of 77 PageID: 44 As a youth worker employed by the county of Essex at the largest Juvenile Detention Center in 1 I have personally witnessed the powerful and positive impact that his message, lew Jersey Akbar Pray Speaks to the Streth, has had on young offenders housed in the center. This taped message was used in workshops among gang members at the detention center and became one of the most effective mentoring tools ever utilized. Thus I humbly implore you to grant a commutation of sentence and give this individual another chance to become a productive member of society. I sincerely thank you for your time and consideration regarding this matter. 75 Prtspect Avenue East Orange New Jetsey 07017 848.207.0035 Fax-973.239.6591 . . nnastarIist@msn.cam www.nocana.com Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 45 of 77 PageID: 45 PROJECT DRIVE INC. 236 NORTH SIXTH STREET NEWARK, NEW JERSEY 07107 Projectdrive@verizon.net April 13, 2010 P0 Box 1000 F.CJ. Otisville, New York 10963 To whom it may concern: se of Mr. Wayne Pray from the Federal This letter is in support of the prospective relea Prison System. der and CEO of Project Drive Inc., an Essex My name is Gregory L Joyner. 1 am the foun Services Organization. New Jersey based Youth Re-directional and Re-Entry County, him to be an upstanding pillar of both I am personally familiar with Mr. Pray and know . the Muslim and greater Newark communities life in an effort to find our place and We all make mistakes while navigating through test, worth and value of a man is calling, such is characteristic of human nature. The true akes and misgivings. Mr. Pray his mist e measured in his ability to recognize and aton for leadership qualities that will enable him is one of those rare individuals who possess the munity for the better. 1 believe that were he to make an appreciable difference in his com und impact on mitigating the inner-city to be given the chance, that he would have a profo munities. blight that is prevalent and rampant in our com all favorable consideration be extended to [n closing, I respectfully request that any and be allowed to be re-integrated back into Mr. Pray’s efforts to be released so that he may nce given to this request. mainstream society. Thank you for the time and patie Respectfully, eg oynetq I y 9 Gr l Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 46 of 77 PageID: 46 OffiC1; (973) 39-6797 is!’ D BILAL BEASLEY CouIcIL 2 VIcE PaEsI1NT CouNcth MviBER AT-LARGE HOM (973) 3I-17s8 ix 7) 372-0765 dbi11assoc@a’Lccm TowNsHIP OP IRvINGTON !.4UNI(2?AL E1J)LDING civic sQpARE mV1NGTON NtW J,EStY 07111 1ebruary 16, 2011 Ronald L. aodgers, Pardon Attorney The Office of the Pardon Attorney 1425 New York Avenue NW, Suite 11000 Washington, DC 20530 Dear Ma. Rodgers: I am sending you this letter on behalf of Mr. Wayne Pray in consideration for Pardon. I have kiown Wayne for more than ftfty years, as teenagers we were close friends. I have fond memories of our families and pictures of our first born children. Wayne has always had the intellect and personality to get along with people in busines; and socializing. I believe be would be a great asset to the conunimity given the opportunity to share his experience and insight for people to turn thefr life around for the righteous benefit to themselves, family and community. 1 ‘believe in atonement and redemption ofthe human being. I believe be would be very valuable in the community efforts to provid e guidance for young people and the challenges we have for re-entry programs and recidiv ism. Please do not hesitate to contact me via my cellular phone. 973415-4 483, e-mail elge2000oLcm or website wwwDBila1Beasley.oq, if you should have any questions. Sincerely, ID. ‘-Q &t (J D Bilal Beasley Council 2’ Vice Presiht Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 47 of 77 PageID: 47 Parent Advocacy and Service Academy 862.452.6924 Email: asatrani(1mail.t3 RE: Mr. Wayne Pray P0 Box 7288 Newark, NJ 07107-7288 Website: hu://wwwpaanig.eb.corn January 15, 2010 Ronald L. Rodgers, Pardon Attorney The Office of the Pardon Attorney 1425 New York Avenue NW, Ste 11000 Washington, DC. 20530 Dear Mr. Ronald L. Rodgers: I consider it an honor to write this letter of support for Mr. Wayne Pray. His continued advocacy and grassroots effort to take a pro-active stand to help our inner-city youth, and communities under seize due to violence or urbanization to become more viable; and his intervention with youth and families of violence, both with their own set of umque challenges are most commendable. The fact that he wrote an outstanding speech for the lead facilitator in our wcrksiiop “How Do We Stop The War In Our Streets?” and involved the young people to be part of our peer outreach resolutibns says so much about the effectiveness of what he is doing. Working with our youth under critical circumstances in the changing traditional settings brings particular challenges His voice, strength, and commitment are truly an inspiration to the future leaders of tomorrow. PASA, is veiy dedicated to the issue of adolescent violence prevention, “Stop The Violence”, and would like to extend my smcere appreciation and thanks to him for his assistance in caing out that mission. Wayne Akbar Pray has been an enviable part of our organization. Mr Pray has been extremely instrument with his services without compensation to assist our youth under a program entitled Alternative Solutions Prevention’s Foundation (AS&P’s) which he is the founder. Under this project we have used an array of his articles and CD “Akbar Pray Speaks to the Streets” incorporated into lesson plans for our youth’s Interdiction lesson plans. Most notably, we’ve used his article, “An Open Letter” as vital part of our Parent Adolescent Violence Prevention Seminars. As the Executive Director of the Parent Advocacy and Service Academy, my members and I strive to further improve the quality of life for all people and generate a broad spectrum of activist, human and civil rights, community, religious, civic, student, labor, peace, media, and other grassroots groups. Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 48 of 77 PageID: 48 Page 2 Our success in this endeavor is predicated on the energy and commitment of people such as Mr. Pray; people who truly believe that the world can be changed for the better, one person at a time. We look forward to his continued collaboration and networking in order to improve the quality of life for everyone with an emphasis on juvenile violence prevention. I sincerely hope that after his having served nearly 22 years for a non-violent offensethat your agency would find at within yourselves to return Mr Pray back to society where his Øotentaal for social good may be fi.alIy realized. Respectfully Submitted by: 7u4 Mosley Executive Director L L L “The earlier the inteivention the better the outcome” Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 49 of 77 PageID: 49 Mr. Ronald A. Rogers Office of the Pardon Attorney 1425 New York Avenue Washington D.C. 20530 Re: Wayne Pray Register Number: 27436-004 FCI Ottisville Federal Correctional Institute P0 Box Box 1000 Otisvillé, NY 10963 Dear Mr. Rogers, Nearly 20 years ago, I embarked on a career of teaching as I considered, then, what type of work wàuld compliment my passions. There was something I found interesting about working with young people —many unfortunate, but still showing promise if guided in the right4irection. As I have evolved as a teacher, mentor, instructional leader, and now school administrator, I would be thoughtless to not consider the help I have had to helpme define the work I do everyday as an educator. A great deal of my work involved connecting students with people in our environment who can clearly speak to them about careers, their experie nces, life, and education, to name very few. However, as these individuals build these irnpactful relationships with our students, I remain honored to have brough t the two groups together. Today, I share these same sentiments regarding Mr. Wayne Pray who has been communicating with our students in Newark as part of our Social Justice program that has been well received by teachers and administrator s, but most clearly endorsed by our students who have shown a great deal of astonishment when they get an opportunity to share thoughts with Mr. Pray via letters and audio messages. As we assess the work we do as educators, we cautiously plan for our students by tossing out that which is ineffective. Consequently, we embrace the strategies and ideas that motivate our pupils and show even greater promise. The work that we have accomplished with Mr. Pray must be heightened, as he has done what many have not found the skills to do -give our student the motivation to continue against the enormous odds that plague our urban communities. The idea of having full access to such an asset is instrumental to the work of educat ion and certainly deserves such a letter. Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 50 of 77 PageID: 50 Mr. Wayne Pray deserves an opportunity to contribute to our community in ways that have only produced strong eager, respectful, and humble students over the past few months. For this reason, I am writing to support the idea of having his sentence altered so that we can form the work groups necessary to change the trajectory of our urban communities. The works we have accomplish thus far remains incredible and extending our resources will only produce even greater results. Sincerely, Terrence Williams Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 51 of 77 PageID: 51 ‘-•‘‘ To Whom It May Concern: name is Wayne Conley. I am humbly submitting this correspondenc e to you as evidence of’ my supreme support of the commutation of Wayne “Akb ar” Pray’s life sentence in prison. There is no doubt in my mind, that if given the opportunity to re-enter society, Mr. Pray would epitomize all-of the characteristics routinely associated with the term “model citizen.” When ne thinks of the criteria attributed to “mo del citzens.” the iollowin adjectives, spring ind: produuive. thoughtful and selfless. After spendihg more than two decades behind bars, I’m convinced that the energy that Mr. Pray would approach his new life with would be boundless and his productivity would be off the chaits. Coupled with the fact that this energy wou ld be directed in a positive direction, thebenefits of his efforts could certainly prove to be a b6on to his community. Mr. Pray’s track recOrd with regard to his productiv ity while incarcerated is admirable, to say the least His efforts to mentor younger inmates andlor at-risk youths through his writing have been a passion of his. if allowed to cont inue these efforts outside of the confines of prison, the eft”ectiveness of Mr. Pray’s efforts would certainly have a greater impact and farther reach. One need only read one of Mr. Pray’s ‘open letters” to youn g, at-risk males to get a true appreciation of how deeply thoughtiul he is. These pull-no-p unches epistles serve as cautionary tale with regard to a life of crime. In a day and age where mass media seems to relish every opportunity it t :n.rie crinc (The Sprario i ;rio amp c), Mr. Pray’s refreshing candor flies in the face of the reckless char acterizations that America is presented with on a daily basis. if allowed to cont inue this work as a citizen of our society, i’m certain that Mr. Pray’s ability to steer at-risk youths from lives of crime would not only be admirable. but more importantly, succ essful. Having spent more thn2 decades behind bars, I don’t think anyone could fault Mr. Pray if he were a bitter, selfish and spitcful individual. Yet, in a true testament to his character, Mr. Pray remains optimistic and selfless. As cliché as it may sound, life presented him with lemons. And.he’s made icmonade. Which he is more than willing to share in the form of words bf wisdom and sagacious counsel. It doesn’t requ ire the imagination to stretch very far to envision Mr Pray crving as some type of youth counselor in his community. In fact, it doesn’t rcquirc the imagination to stretch at all. Mr. Pray is already doing it behind bars. +lowevLr. lUs efforts could be bette r utilized on the other side of the prison bars. - In closing, I’ll rattle offa fe ufniy modest personal and professional accomplishments, I attended the Univesity of Mar:iand at College Park , where I majored in English. I’ve been working as a writer in We eriteitainrrient indu stry for over a decade now, and have had my works produced for filni ::nd television. One last thing, I’m Mr. Pray I ut even he weren’t my Dad, and I knew what I do about his efforts while incareeraled. I’d write this same exact letter in a heartbeat Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 52 of 77 PageID: 52 •1 this matter. conik rati0fl and attention to Thank you for your time, RespeC Wayne Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 53 of 77 PageID: 53 Educators in Support of Wayne Pray 32 Fontaine Avenue Bloomfield, New Jersey 07003 To Whom It May Concern: We, as educators, whose signatures are annexed hereto, cons ider it an honor to write this letter ofsupport for Wayne Pray. In our classrooms, we utilize Mr. Pray’s writings, CD’s and telephone Q and A as teaching tools and find them useful in. engaging the students. in meaningful dialogue. Mr. Pray’s message resonates with our student population. His is one of a “cautionary tale” where he advises them to take heed when participating in, or cemp1ating participation in, illegal activities, but rather to take advantage of all viab le ôtions. He encourages them to immerse themselves in learning; to become critical thinkers; to be responsible and accountable to both their families and communities. There is a noticeable difference in some of our most at-ris k students who participate not only in discussions but written assignments as well. For many ofthem, Mr. Pray’s message has been a. life altering experience. Thank you for allowing us the privilege of writing this letter of support. MilagTos Milan Harris Representing Educators in Support of Wayne Pray _ _ __ _ Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 54 of 77 PageID: 54 Educators in Support of Way ne Akbar Pray r Name; Address: L 5•./ 1ntitution: E-MiT: M D1 . — Name: Address: .- 4 t tntitUtin: E—Mii: I1 pQ tLc .‘‘- Name:4 Addrs, Stur,$ 1nWtjon: Oate:/,. _ E-Mail: 7c-JF,-, rce1 4 f t c Addss: wd’u i tJ institution: C* 4?)ii EMiI: - s(ecL- C’i — Address; 22 ins tutTon E-rci1: 1%t IL Address: _4 H Sa. h 3 e12 t 3J frstion: (7L,Af e I j%7 - -. Adcss: 2A 1 th iU lnsi.tution: , 4 Adess: E-: dii: L 4. //1j .. 4’ &j - Date: i c’ji. —- Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 55 of 77 PageID: 55 Educator•in Support of Wayne Ak bar Pray t Address’ ?aç — Inst tutiG E-Mail: - ( Name: Address kq ll44d fL A A 2 4 Si 1 gPat 1 ure: tj J3 (ks Nm:4fV Institution: O’4 tf;oi E-MaiI:f .Náme Addtéss; Institution: E-Mail: Name: Adthèss: Institution: E-Mail: Name: tnstkutkn: E-Mail: Name: Address; Institution: E-Mati: - J Signature: Address: I3 Name: Address: Institution: Date: 1_& E-Ma,f: Pi’ sn L .rp q Date: p I •! 4fl-’&1 Qorn Signature: Date: Signature: Date: Signature: Date: Signature Date: • Signature: Date: Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 56 of 77 PageID: 56 Mr Al Welch- Unit Manger FCI Ottisville Federal Correctional Institution P. 0. Box 1000 Otisviile, NY 10963 Re: Wayne Pray Register Number: 27436-004 Dear Mr Welch, My name is Milagros Milan Harris and I am a Social Studies teacher at Central High Schoo l in Newark, New Jersey... Wayne Pray’s alma mater. I teach a class in our Social Justice Academy entitled Facing History and Ourselves. As the title implies, this c1 takes a critical approa ch to self-awareness and self-actualization by examining the issues and Jonàerns of the students through the prism ofhistory and social justice. There is also a component of the course that promotes agency, increases self.efficacy and community activism through the applica tion of YPAR, the acronym for youth participatory action research. The YPAR process encour ages students to delve into issues that affect their communities and take leadership roles in effecting positive change though research, development and implementation of action plans. As an alumni and a well respected elder in the community Mr. Pray’s message has drawn’ students who are normally disengaged into the classrooms, participating in Socrat ic seminars and writing with depth and meaning such as I have not seen in the entire school year. His approach has been non-judgmental; he understands the culture. It is not a tale ofhow to beat the system. Quite to the contrary, Mt Pray brings a message ofresponsibility and accountability as he encourages the students to think critically and step up their game though education and entrepreneurship. I am enclosing the materials Mr. Pray hs developed for our students. At a time when gang violence continues to plague urban ommunities, through his writings, recordings and letters to the students, Mi. Pray has delivered a salient message about the perils of extralegal activity that that resonates with the students. It is his success with the children, and our own understanding of the effects of mass incarceration that has inspired those of us who teach in. the Social Justice Academy to incorporate Mr. Pray’s work into our curriculum, Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 57 of 77 PageID: 57 I have included the letters to Mr. Pray which were written by the students. They are mov ing and poignant. .and as their teacher, let me say, they are the best pieces of writing they put out all year. V/bile time did not allow for peer editing and revising.. .the message is strong, especially considering that his writings and spoken word s were introduced during the last two week s of school in June. Wayne Pray’s words have reso nated with my students. He has already had an impact on thes e children. .and they are only beginning. Thank you for your attention. V Sincerely, Milagros Milan Harris V Social Studies Teacher Enclosed; Wayne Akbar Pray Anthology 2 CDs of “Akbar Pray Speaks to Urban Americ a” I DVD ‘Pray for Justice” (it may also be acc essed via Facebook-Milhie Harris boiiquabellaverizou.net) Student letters Case Document 1 Filed 04/07/15 Page 58 of 77 PageID: 58 EXHIBIT 2 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 59 of 77 PageID: 59 CERTIFICATES AND AWARDS OF ACILLEVEMENT 1. Adult Basic Education Completion, September.5, 1990 2. NAACP Educational Award, October30, 1990 3. NAACP Legal Redress Coñnnittèe Award, August 1993 4. Drug Education Program Award, April 1994 5. Parenting Group Certificate, July 5, 1995 6. The Four Ingredients, Certificate of Achievement, September 24, 1996 7. Drug Abuse Program Diploma, December 22, 1996 8. Self Esteem Group Participant Certificate, June 3, 1997 9. Cultural Diversity Certificate, March 25, 1998 10. Napoleon Hill’s Keys to Success Certificate, September 21, 2000 11. Certificate of Completion. Leadership Training Academy, February 17,2009 12. Nelson Mandela Award, February 25,2009 13. Dispute Resolution Center, FCI Otisville Peer Mediation Training, July 20, 2009 14. Certificate of Completion, Core Performance Program, May2010 15. Certificate ofAchievement, P.I.A.T. Instructor, February 1,2011 Case Document 1 Filed 04/07/15 Page 60 of 77 PageID: 60 EXHIBIT 1 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 61 of 77 PageID: 61 (L • jII g 1 2et4 WAYNE PRAY €Vd’4, e4h/ SEPTEMBEI{ 5, 1990 ’ ADULT BASIC EDUCATON COMPLETION L )9%t7 .9LQJ?r\ ! ) ) ( 7St;..i;’ p:_4 I I 9- E?#,i \ ) Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 62 of 77 PageID: 62 .— --.-— %___ . —— — %___ %__ -‘——--, ___ _________ . . —.-—-——‘— — — , eØzi WAYNE PRAY . : _-,---—--— N.A.A.C.P. EDUCATION COMNITThE . r4tite it \wid •cnu o’ rm Leisbur Chapter . OCTOBER 3O 1990 — - MiD POSITIVE LEADERSHIP GUIDING OUR YOUTh TO CULTURAL EDUCATION President N.A.A.C. : ., . •,w1, :..:•• e:t J . Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 63 of 77 PageID: 63 z 0 z g z o g o ç .c Ii I I -1 I Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 64 of 77 PageID: 64 I S m b) C, bi c c b I 4 •— U-’ _\ \ 4 c- U) r4 ) $_4 .0 ;__4 40 * — •— -S •— C) Cl) C) cl-I •— • I.—4 I .— C) C.) * U) (JI 0 (I) • JL*di4 4- •— 1-e N U- (1, •— 0 -.-{ *rl (I 0) L) Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 65 of 77 PageID: 65 1 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 66 of 77 PageID: 66 _.i L I ii CERTIFICATE OF AcHIEvEMENT This cert/Ies that Wayne Pray has successfully completed The Four Ingredients :ii. :.W1 Eite — .• •. • .• .• ia•• at The United States Federal Penztentzaiy-Atlanta Ikgnrte Hubbard Diane Goodhart Speakers *Tra,ners *Promcners K A F. .u . .1. 5.5.1.. Ewan?R 1.. . ?numum?- '1 - . Cunt wr?vf?mg 83221901. wry: %?l?c?mrt Arm .9 (warm 9/ $51an .9145? .Wua?kn 9/20"de 5y Me 9mg {gym-m at ani?/mrfa, 59m in. Mid May 1.9.97 9 036.hugl? :91;wa why-41Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 69 of 77 PageID: 69 (IInnktton c) , Ut(itU J’H’CP.1it/ .I(Iit!Ct/(l1tt 9Vayne .P1ay /(!.) wit ColIiftf(kd 12 cw.c Ioui ct ?al .)/ic’.W1. fic aca 91 acto/f .Ituth) ii1 !f (it . °/öJ/ (/(fl(/((/ //i /(C(,ftUIt (‘/‘( . /(1 1111(111 CJiiO11t(i. C(Jfr91U. 25t/ (kl/ rvisor of EducatioW (if. i/(iCh. Ron Strr, Educat i99’ Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 70 of 77 PageID: 70 GEFIEL1, SOUTh CAROLINA KNOW ALL MEN BY THESE PRESENCE, that WAYNE PRAY lum: has successfully completed group study in the following curricu Napoleon Hill’s, “Keys to Success” . Unit Manager ber, 2000. and is hereby awarded this Certificate of Completion on this 21st day of Septem Counselor I Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 71 of 77 PageID: 71 -- - 71f1• — II c, I/1 iw’i.- iji /1i — d-r Preseuted To This is to L’erti/y the above mentioned has Facilitated Phase I of Young Men Incorporated (Leadersbip Trning Academy) at the Fedeia/ Correctional Faczlzy Otisinile, in Otzsvzlk, New Yrk. I-Ic ba. succesJid/y rnstruted Twenty-Five baim- of intense /earithz according to the course cur,*ulu,n. On bebaff of the Cornniun4y Economic Development and Yrnn Men th Jncoiporated, this certjficare isproud/ygiven with the bghest regards on this 17 day ofFebruary 2009 i,) — .Lara Associ te Warden Programs Federal Bureau ofPrisons -I Leadership Training Academy (Phase-I,) M / Unit ManigerPrograw Coordinator Communily Economic Development / - , . Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 72 of 77 PageID: 72 — I Pre.sented To Netson Mendela a _ / ,.- _ •— - - Federal Bureau of Prisons 1’ Al wc,.Program Coordinator -- This is a lift Wne achievement awardfrornjionrpeers. Forjiour leadershp, vision andjour mediation skills whith resulted injou being responsiblefor savng manj ofmen lives in the Federal Bureau ofPrisons. You have dernonstratedyar afleryear,jour lovefor Humanity and Redemption. On beha/fofYouig Men Incoiporated this award z giving on this 2!1 dqy of February 2009 I, — Determination & Perseverance Dominic Heniy, Executive Director — Community hconomic Development — ; / - ; j2 I ‘ If - ‘-I ‘1 I, I F r_r* S / - - ç : 5 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 73 of 77 PageID: 73 ) I rnnJt Awarded To: i _ iPUI * — 11 ±tIIJL_hR — £ Dii Plessis, Recreation Specialist Core Performance Program Date: Ofy 2010 L, Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 74 of 77 PageID: 74 Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 75 of 77 PageID: 75 awarded to: ertjficate ofA chieveihent • MR. PRAY • P.I.A.T INSTRUCTOR SignedM REPECKI F.C.I OTISVILLE FEDERAL BUREAU OF PRISONS Date FEBRUARY!, 20!! --‘ Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 76 of 77 PageID: 76 9fo 4 Lfn y ale k JWona/4 ñ6 Ø, 9f 070/9 (9739 39S-’f9OO October 14, 2013 To Whom it May Concern; This letter is to inform you that upon his releasefrom federalpr ison, Ipromise to employ Mi-. Wayne Pray for the position of Office Assistant! Clerk. At the starting rate of$ 12.00 per hourfor a work week of4O hour s Ifyou have any questions pleasefeelfree to contact me at the number listed above. Thanking you in advance for your time and consideration in this matter. Sincere! Mr. Qasim S. AbduljCarim q For Domestic Use Only 2 ‘7 %o /O,OX Labe’ 107R. Jy 2013 INSURED * *** TRACKED ç 7 i UNITED STATES POSTAL SERVICES y 7 0 / 12 - i — // 07102 lUhIIlIiit II Il iI 1I1Ii i iIi iIiI /qj?1 4; /) /CG sii oo H1 - çØ - 7014 1820 0001 2468 4303 l Il l l1h I lNH c/Y - I :1 II Case 2:88-cr-00175-CCC Document 1 Filed 04/07/15 Page 77 of 77 PageID: 77