PHYLLIS L.SANTANA1350 MARKERROAO

MIDDLElOWN, MARYLAND 2 I 769301-371-7882

FAX:301-371-7882

February 3, 1997

Mr. Scott O. Rolle, Esq.Frederick County State Attorney's Office100 West Patrick StreetFrederick, Maryland 21701

RE: State v. Walter E. Santana, Criminal Case #20641

Dear Mr. Rolle:

I understand that Marc Zeve, attorney for Walter Santana, has filed for a Motion for Modificationin an effort to have Mr. Santana released from the Work Release Program.

As you are aware from my domestic violence case for which you represented me on Novemberr=>; 18, 1996, you had discussed with me the possible terms of sentencing that were applicable to my

case. You informed me that my consideration of the term that Mr. Santana would receive wouldhave some bearing on Judge Rollins' decision in the sentencing process. You had informed methat Mr. Santana, due to the seriousness of my case, could possibly receive a five-year sentence. Idiscussed these issues with you and informed you that I was amenable to a reduced servablesentence of six months. You commented that I was very generous in my regard to this matter.

To review, Mr. Santana received a three-year sentence with all suspended except for the six-month term, servable on work release. Since there were no beds available, Mr. Santana wasgranted home detention until which time a bed would become available. Further, Mr. Santanawould serve two years' probation and 100 hours of community service.

You will recall how the defendant's counsel further victimized me in the courtroom byaddressing the court with unfactual information about my person, thereby defaming my character.I asked you if I could address the court in rebuttal, a request which was granted. I felt that thefact that I was being attacked in the courtroom was of some importance and I wished to havethese facts documented.

Mr. Santana began his home detention immediately. I was informed from the office of theFCADC's home detention department that once a bed would become available that Mr. Santanawould automatically be transferred to the Work Release Program, as per Judge Rollins' orders.This did not occur. I contacted the FCADC' s office weekly to see if a bed had become available.Mr. Jamison informed me that a bed was to become available by January 1, 1997. However, itwas not until the following week that I had my private attorney call on my behalf to verify if a bed

Mr. Scott O. Rolle, Esq.Page 2February 3,1997

had become available. Whilst sitting in his office during said communication, we learned that abed had been available for several weeks. I asked him to speak to the appropriate personnel andrequest that Mr. Santana's sentence be carried out according to court orders.

The next day, I am told that Mr. Santana's counsel burst into my attorney's office. He wasoutraged by the fact that Mr. Santana was actually carrying out his sentence. He blamed mycounsel that he "coerced" me into making the phone call. Mr. Santana's counsel was repeatedlyrequested to leave my counsel's office, which he did -- but not until after he threatened myattorney.

Mr. Rolle, I am deeply dismayed that the victim is forced to ensure the enforcement of the court-imposed sentence in a criminal case. I am deeply dismayed by the fact that even after the factthat I was informed that if I contacted the FCADC' s office whenever Mr. Santana deviated fromhis work schedule that this would be automatic grounds for losing his home detention privileges.I am outraged that I, the victim, must insist that a criminal serve his sentence and that further thata motion can be stricken which requests the release from jail of someone who received a meagersentence to begin with.

In addition, Mr. Santana is not providing for his family. An emergency hearing was refused fromthe court which would have ensured that Mr. Santana provide for the basic living requirementsfor his family, which was the sole intention of his having received a work release request.Further, I understand that since I have already received an Exparte and Consent Order that thecourt will not grant me a restraining order from a criminal who has already made an attempt onmy life. I do not understand a system which does not protect a woman who has lost her right tolive without fear and to have her offender carry out his term.

Without further adieu, I wish to get directly to the points which concern this criminal case:

•. Mr. Santana was granted work release so that he could provide for his family. Dueto the seasonal aspects of the landscape industry, Mr. Santana should have beenable to successfully continue operations of his business on a regular businessschedule with no impact on his ability to conduct business as usual and/or toprovide an income for his family. However, this is, in fact, not the case.

I have received correspondences from Mr. Massengill, Mr.Santana's civil attorney,informing me that Mr. Santana will no longer pay for the mortgage on the house,nor will he pay for costs associated with the family vehicle "since there exists nopool of funds" from which to drawl.

Mr. Santana will not guarantee that I will even receive monies to provide for thebasic needs of the children.

Mr. Scott O. Rolle, Esq.Page 3February 3,1997

Mr. Santana's counsel indicates that this is so due to the fact that "Mr. Santana isstruggling with the startup of his new business," which in fact, Mr. Rolle, concernsnothing more than changing his company's name. What kind of struggle is that, Iwish to know???

Mr. Santana no longer has any landscape equipment, materials or vehicles on theproperty. The crews no longer congregate here in the mornings, sincetheoretically they were laid off effective December 31, 1996, but continued to meethere until January 31, 1997! (Does the Office of Unemployment know about this?)

Mr. Santana supposedly must follow strict guidelines in accordance with the WorkRelease Program. He is not supposed to deviate from his schedule. However, hecontinues to show up at my residence, which is no longer his established place ofbusiness.

Mr. Santana should have been served a straight sentence. I was too emotionally and physicallybattered during the time to have been able to predict his actions which are certainly not geared toproviding for his family.

Please do not allow the court to release Mr. Santana from his work release program. If anything,he should be made to serve the remainder of his sentence without the privilege of conductingbusiness since we are losing the house and everything anyway.

By the way, I have dismissed my counsel of record and I am currently representing my civil casepro se unless I can find counsel who will represent me without expecting to be paid for while ornot ask me to sign my half of the house over, which is my only hope of making a new start for mychildren and myself. I have no other option than to continue alone.

I am astonished at how the system doesn't work.

The State's Attorney's Office worked very hard for my case. You were very cooperative andhelped me a great deal during a most difficult period in my life. This is still a criminal issue athand and I am contacting the appropriate person who should hear the issues revolving around thiscase.

Once the sentence was passed, it seems that Teresa Benner at the FCADC can override a judge'sruling! I am outraged and hope that you will contact me so that we can discuss this case. While Iam willing to settle my civil case amicably (despite the oppositions' inability to do so), I will notallow the principles and moral issues of this criminal case to be left unheard. As I told youbefore, my voice is the voice of many women who have struggled through this very samesituation. What is happening on a micro-level in my own situation is not uncommon. I take avery dangerous stand, I know, for standing for what I know is right. (Already four of my tireshave been either deflated or popped and I have been run off the road on two occasions. By ex-

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counsel's tire was also deflated the day after Mr. Santana was remitted to the detention center forwork release.)

I would appreciate your feedback and assistance in obtaining a restraining order againstMr. Santana at least until he has served the remainder of his work release sentence. My case isbeing heard on all levels, and I am certain that the public dissention would go a long way inhaving the cries of women not only heard, but acted upon in such a manner so as to assure theirright to life, liberty and the pursuit of happiness.

My intent is not to cause trouble or to aggravate this matter. My intent is to be heard loud andclear --

•. I AM FRIGHTENED because nobody believes that my "husband" is capable ofhurting me again;

I AM DESTITUTE because my "husband" is failing to provide adequately for hisfamily

I AM ALONE because the law "has done everything within ordinaryguidelines" in a case such as mine.

Mr. Rolle, you have the power and the authority to do something about seeing that justiceis done. You have the ability to help me to ensure my safety. The question is, will you do thesethings, Sir, that will go far in helping not only my case but those of women you are currentlyrepresenting? I am taking a stand. Do I stand alone?

I look forward to hearing from you.

Respectfully yours,

Phyllis Santana

Cc: Teresa Benner, FCADCThe Honorable Judge RollinsMarc Zeve, Esq.