Wyoming Tribune-Eagle
CHEYENNE — A Wyoming prison inmate says his civil rights were violated by the Laramie County justice system, and he is seeking $15 million in damages and a vacated sentence.
Michael Patterson, who has been sentenced four times for the same crime, filed the complaint. It names:
- Former Laramie County District Court Judge Nicholas Kalokathis.
- Former prosecuting attorney Becket Hinckley.
- State Supreme Court Justice Michael Davis. He formerly was a district court judge in Laramie County.
- Laramie County District Judge Thomas Campbell.
The complaint, filed Oct. 17 in U.S. District Court, says the defendants violated Patterson’s right to due process.
Kalokathis and Davis could not be reached for comment. Campbell declined to respond.
Patterson was convicted of accessory before the fact to second-degree murder in 2006 for the death of James Blankenship. The victim was beaten to death by at least three men, including Patterson.
Patterson was sentenced to 20-22 years in prison by Kalokathis. That was ruled illegal because state statutes require the minimum sentence be no greater than 90 percent of the maximum.
Hinckley said the Laramie County District Attorney’s Office and the Wyoming Office of the Public Defender knew about the rule.
“We know all about it,” he said. “But we don’t get to sentence; the public defender’s office doesn’t get to sentence. The court handed down the sentence.”
Hinckley added that all three parties knew the sentence needed to be fixed.
Less than a month later, a motion to correct the sentence to 240-267 months in prison was granted. But Patterson and his attorney were not notified, making that sentence illegal as well.
Several years later, the new sentence was set aside and the original, illegal sentence of 20-22 years was reinstated by Davis.
The Wyoming Supreme Court reversed that as well.
This past August, Patterson was resentenced by Campbell to 240-267 months in prison with credit for time served. He is currently at the state prison in Rawlins.
The complaint says when he was sentenced the last time, Patterson was reclassified as a new inmate. This means he had to repeat orientation and lost legal and personal property.
“My loss of property does not matter to Judge Thomas Campbell, I believe,” the complaint says.
Patterson also says he is the only one involved with the case who is serving time.
His co-defendant, Steaven Plummer, was found not guilty. Charges against several others were dismissed.
There also were an estimated 10-24 people in a crowd who gathered to watch the fight.
The complaint says because of these circumstances, Patterson is mentally damaged.
“I also know that much of my mental illness and stress is attributable to years of swallowing rage, sadness and even my joy,” he says in court documents.
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