Idaho DOC Accused of Opening Legal Mail to Smear Prisoner’s Legal Assistant

An Idaho federal district ruled that a legal assistant appointed to assist a prisoner in a civil rights action overstepped her role by becoming embroiled in a personal relationship with the prisoner. The legal assistant, however, maintained she was the object of a smear campaign to end her advocacy to end prison officials’ improper opening of legal mail.

Lance Wood, who is serving two life sentences for first-degree murder, is suing the Idaho Department of Corrections (IDOC) for sexual harassment, claiming a female guard “perpetrated sexual acts on him without his consent.” Renee McKenzie, the wife of state Sen. Curt McKenzie, was appointed by the court to assist Wood in November 2012.

In court documents, IDOC says Renee identified herself as being from the McKenzie Law Firm, so they “mistakenly believed that Ms. McKenzie was working under the direction of her husband.” They, then, gave her “virtually unfettered” access to Wood.

From her November court-appointment to assist Wood, Renee made numerous visits to the Idaho State Correctional Institution. The visits were suspended on February 14. IDOC documents show the two had over 100 hours of phone conversations between December and February.

IDOC also says that Renee and Wood discussed getting married and starting a personal investigation business together. Prison officials say they were concerned for Renee’s safety, as Wood allegedly had a history of manipulating staff and engaging in inappropriate emotional relationships.

Curt McKenzie agreed with prison officials when he came out to publicly defend his wife. “I am fair game because I ran for public office,” he said. “But these stories attacking my wife—she’s a caring, transparent, and compassionate person and she was duped by a convicted murderer and con man.”

He says that he was informed in February about the prison’s concerns. An affidavit Renee filed in court says that notification came through political channels. She said IDOC Director Brent Reinke approached Senate President Pro Tem Brent Hill and went to the governor’s office about her assistance to Wood, damaging Curt’s reputation.

“Sadly, Mr. McKenzie feels his personal and senate reputation is now so damaged, it may not be recoverable,” she said in the affidavit.

“IDOC’s overreaction to a perceived ‘love letter’ and now possibly a phone call or two that someone deemed inappropriate have nothing whatsoever to do with the Wood v. Martin case,” Renee wrote in a filed letter to the court. “I have been trying to address the problem of inmate clients having their ‘legal mail’ opened.”

“I am not totally sure if the ‘investigation by IDOC’ is in relationship to me, Mr. Wood, or McKenzie Law. I am unsure what the ‘investigation’ entails—‘sexual predator,’ ‘an escape risk,’ or ‘an institutional security risk,’” she wrote. “I realize that my relationship from professional legal assistant to also a friendship with Mr. Wood has caused some problems with IDOC. My personal reputation has been smeared over two illegally gotten letters that I never received, and IDOC continues to try and pressure me to stop helping Mr. Wood.”

“Why would a conservative, Christian, Republican Idahoan go to such great lengths to continue to assist an Idaho inmate with two life sentences with his federal case against IDOC?” Renee asked. “Because, for years, I have heard and seen first-hand the horrific retaliatory, illegal, and harassing stories from inmates, inmate families, and both current and past IDOC staff. What kind of person would I be if I just walked away from what I have personally witnessed and not try to help in any way that I can?”

The district court upheld the removal of McKenzie from assisting Wood in his lawsuit, which subsequently settled in April 2013. See: Wood v. Idaho DOC, U.S.D.C. (D. Id.), Case No. 3:04-cv-00099-BLW.

Additional source: Idaho Statesman

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