In Matter of Mackie v Goord , the Albany County Supreme Court found Michael Mackie guilty of violating prison disciplinary rules after his spouse was caught carrying into the facility 10 latex glove tips containing about 30 grams of a "green vegetable material" later found to be marijuana .
Charged with conspiring to introduce drugs and soliciting others to smuggle them, Mackie was stripped of his privileges and was sentenced to a penalty of 12 months in a special housing unit.
On appeal, the Appellate Division, Third Department, discounted Mackie's claim that the disciplinary hearing hadn't been completed in a timely fashion, since the extensions were given to accommodate his request for certain witnesses.
While he also claimed the Hearing Officer erred by failing to provide him with a copy of his spouse's statement, that document was not only read into the record, but was used by Mackie to raise objections and question his spouse.
According to the AD3, the misbehavior report, the hearing testimony, the transcript of a three-way telephone conversation involving Mackie, his sister and his wife, and, the spouse's acknowledgment that the smuggled substance was marijuana , all sufficiently established guilt
Who's the mule now?
To download a copy of the Appellate Division's decision, please use this link: Matter of Mackie v Goord