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Will prison officials allow Wayne Fincher to attend wife’s funeral?

Paul W. Davis shares some sad news:

It is with great sorrow and regret that I must inform you of the passing of Linda Fincher, Wayne Fincher's wife. She passed away sometime early in the morning, the 28th of August at her home. At this time the cause of death is determined to be a seizure. She was alone at the time. Miss Linda had been suffering from seizures for some years now.

I am requesting your prayers for the family, particularly for Wayne and the daughters, Connie and Carol Ann. It was ever Miss Linda's concern that she would not see Wayne come home. Sadly, that concern has come true.

Long-time readers of the War on Guns blog will recall Fincher, a lieutenant commander in the Militia of Washington County (AR), was convicted of possession of an unregistered machine gun in a trial where the judge would not allow the Constitution to be mentioned in his defense. Click here to access an extensive archive that chronicles his struggles, and click here, to read “The Silver Bullet,” a document he co-authored that “clearly demonstrates how the National Firearms Act of 1934 is a criminal fraud and levy of war.”

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Friends and supporters of the Wayne and Linda Fincher write that they:

[C]alled Judge Hendren who tried Wayne and asked him to request Wayne’s release for the funeral.  The judge said he could not do that in his purview but that he would recommend Wayne’s furlough if the prison officials asked his opinion. 

The judge did say that if an attorney would call the prison on Hollis Wayne Fincher’s behalf that could probably be of some help.

A Fincher daughter asks via email:

Can anyone help us?

We can try.  While nothing formal has been established as the best way to make Wayne’s furlough happen, if we sit around waiting for someone to organize things, it won’t.  My recommendation: Fincher is housed at FCI Forrest City Low, which is part of the Federal Bureau of Prisons system.  The Acting Director is Thomas R. Kane.

I have three suggestions:

First, send an immediate email to info@bop.gov with a message along the lines of this:

Attn: Thomas R. Kane: Hollis Wayne Fincher (Register # 07863-010), scheduled for release in August, 2012, has been a peaceful inmate for the duration of his incarceration, and his sentencing to a lower-security institution shows the government recognizes this. The passing of his wife while he is behind bars has been another crushing blow to this man who had never been arrested prior to his conviction, and who in fact had lived a life of patriotism, character and courage of convictions.

In the name of decency and humanity, please allow him to attend the funeral of his beloved wife and embrace his surviving family members at this tragic time. Any factual assessment of his conduct and state of health must convince you that he poses no risk if you permit this, and if you ask Judge Hendren his position, he has indicated he will recommend furlough.

Second, make an immediate call, email or fax to Fincher’s congressional representatives asking them to contact Acting Director Kane and pass on their personal plea that he be allowed to attend his wife’s funeral.  Note that contact forms do not provide for out-of-district correspondence. They are:

House:  Steve Womack

Senate: John Boozman and Mark Pryor

As Fincher is in a federal facility, I did not include Governor Mike Beebe, although feel free to contact him as well if you think he can be influential in this.

Third, contact local AR media, including newspapers, news radio and television stations and ask them to report on this story and/or/editorialize in favor of allowing Fincher to attend his wife’s funeral.

If anyone has a more helpful and effective plan, please weigh in with a comment. I will provide an update when further information becomes available, including time and place of the funeral.

UPDATE:  Attorney Quentin M. Rhoades just sent the following:

Dear Warden:

I am an attorney for Hollis Wayne Fincher, ID No. 07863-010, who is an inmate at “Forrest City Low” at Forrest City Federal Correctional Complex (FCC) in Forrest City Arkansas.  This email is for Counselor Ortiz, with whom I left a voicemail message today, or anyone else with whom I should be communicating with on this subject at hand.  I ask you to please route this communication to the appropriate person.     

We are seeking compassionate release or furlough for Mr. Fincher, pursuant to18 U.S.C. 3582(c)(1)(A) & 4205(g), to attend the funeral of his recently passed wife.  I see from your website that such release is available.  http://www.bop.gov/inmate_programs/temp_release.jsp.  We simply need to know better how to ask for it.  Any help you could provide would be greatly appreciated.     

Thank you.

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Help wanted--inquire within

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Gun Rights Examiner

David Codrea is a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament. He is a field editor for GUNS Magazine,...

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