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PHYLLIS L. SANTANA 1 350 MARKER ROAD MIDDLErOWN. MARYLAND 21769 301-371-7882 FAX:301-371-7882 February 5,1997 The Honorable Judge Herbert Rollins Frederick County Court House 100 West Patrick Street Frederick, Maryland 21701 RE: State v. Walter E. Santana Criminal Case #20641 Dear Sir: This is to follow up on the above-referenced case which was presented before Your Honor during the period of August through November, 1996. I understand that your case load is heavy, Sir, but I request that you take a moment to peruse the enclosed letters which I have written in an effort to (1) obtain an exparte order whilst my estranged husband is completing his work release program, and (2) to ask that you deny counsel's motion for modification on my husband's work release sentence. During the past two months, I have experienced a number of incidents which occurred after which time I contacted the FCADC to check on bed availability so that Mr. Santana would be transferred from his home detention to work release program as per your sentence as set forth on November 18, 1996: All four of my tires have either been deflated to the point of destruction of the tire and/or punctured. The first incident occurred the day before Christmas, the second incident the day after Mr. Santana began his work release. I have been followed -- aggressively -- and run off the road on a number of occasions. This was reported to the Sheriffs Department, who put me on an every-ten-hour around the clock "safety check" Mr. Santana's counsel addressed my ex-counsel of record and was furious that I had been diligent in following up on the bed status of the work release program and, shall we say, made certain threats to him. Mr. Santana's counsel was reminded that it was your Honor who set the punishment, not me, and that I was within my right to ensure that his sentence was carried out according to your ruling. I have been harassed by Mr. Santana's civil counsel through threatening correspondence which I feel is not only unnecessary but inappropriate especially given the background of the case in question and of Mr. Santana's history of his inability to effectively control his aggression. I realize, Sir, that unless I make my case visible to you that you will have no other alternative than to believe that "everything is going just fine" and grant the motion for modification. I beg Your Honor to deny this motion, as the sentence that Mr. Santana received was reduced to a minimal six-month work release sentence. My own sentence passed on by Mr. Santana was a one-week hospital stay and a one-month vacation at The Heartly House with my three small children.

RE: State v.Walter E.Santana Criminal Case#20641 · 2/5/1997  · The first incident occurred the day before Christmas, the second incident the day after Mr. Santana began his work

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Page 1: RE: State v.Walter E.Santana Criminal Case#20641 · 2/5/1997  · The first incident occurred the day before Christmas, the second incident the day after Mr. Santana began his work

PHYLLIS L.SANTANA1 350 MARKER ROAD

MIDDLErOWN. MARYLAND 21769301-371-7882

FAX:301-371-7882

February 5,1997

The Honorable Judge Herbert RollinsFrederick County Court House100 West Patrick StreetFrederick, Maryland 21701

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

Dear Sir:

This is to follow up on the above-referenced case which was presented before Your Honor during the periodof August through November, 1996.

I understand that your case load is heavy, Sir, but I request that you take a moment to peruse the enclosedletters which I have written in an effort to (1) obtain an exparte order whilst my estranged husband iscompleting his work release program, and (2) to ask that you deny counsel's motion for modification on myhusband's work release sentence.

During the past two months, I have experienced a number of incidents which occurred after which time Icontacted the FCADC to check on bed availability so that Mr. Santana would be transferred from his homedetention to work release program as per your sentence as set forth on November 18, 1996:

• All four of my tires have either been deflated to the point of destruction of the tire and/or punctured.The first incident occurred the day before Christmas, the second incident the day after Mr. Santanabegan his work release.

I have been followed -- aggressively -- and run off the road on a number of occasions. This wasreported to the Sheriffs Department, who put me on an every-ten-hour around the clock "safetycheck"

Mr. Santana's counsel addressed my ex-counsel of record and was furious that I had been diligent infollowing up on the bed status of the work release program and, shall we say, made certain threats tohim. Mr. Santana's counsel was reminded that it was your Honor who set the punishment, not me,and that I was within my right to ensure that his sentence was carried out according to your ruling.

• I have been harassed by Mr. Santana's civil counsel through threatening correspondence which I feelis not only unnecessary but inappropriate especially given the background of the case in questionand of Mr. Santana's history of his inability to effectively control his aggression.

I realize, Sir, that unless I make my case visible to you that you will have no other alternative than to believethat "everything is going just fine" and grant the motion for modification. I beg Your Honor to deny thismotion, as the sentence that Mr. Santana received was reduced to a minimal six-month work releasesentence. My own sentence passed on by Mr. Santana was a one-week hospital stay and a one-monthvacation at The Heartly House with my three small children.

Page 2: RE: State v.Walter E.Santana Criminal Case#20641 · 2/5/1997  · The first incident occurred the day before Christmas, the second incident the day after Mr. Santana began his work

The Honorable Judge Herbert RollinsPage 2

»=; February 5, 1997

Hopefully, you will take note of my initial victim-witness letter to you which indicated that even thoughMr. Santana may be granted work release that I had every reason to believe that he would not support thefamily even should he be granted that opportunity. Currently, the mortgage is two months in arrears as is thefamily vehicle payment, and since no child support arrangements have been set to date because for somereason the emergency request for hearing dated December 6, 1996 by my ex-counsel was denied,Mr. Santana pays what he wants whenever he wants to pay, which is never nearly enough.

I have been left destitute despite Mr. Santana's contention that he wished to conduct business as usual inorder to support his family. We are looking at a man who has, for the past five years or more, earned anaverage of$72K1year, in addition to company insurance benefits, etc. Is there any reason why I should befacing foreclosure or even a forced sale of the family home?

I am in the process of applying for the child support program through the State's Attorney Office.

The line between the criminal and civil issues in this case, Sir, is a fine line at that. I am not confusing theissues; however, I beg Your Honor to take into consideration that this criminal case does have some civilmatters which go hand-in-hand and therefore cannot be treated totally separate and apart from one another.

Sir, I respectfully ask that you take a moment to review my concerns and to forward this correspondence tothe appropriate individual who may be reviewing Mr. Santana's Motion for Modification.

Thank you once again for your time in hearing my case.

Respectfully,

Phyllis L. Santana

Enclosures (7)

Cc: Scott Rolle, Esq.Marc A. Zeve, Esq.Alan Massengill, Esq.Teresa Benner, FCADCPat Campbell, Heartly HouseCathy Byrd, State's Attny Ofc