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Inmate can preach at ACI again

01:00 AM EDT on Tuesday, July 31, 2007

By Peter B. Lord

Journal Staff Writer

PROVIDENCE — An inmate in the Adult Correctional Institutions in Cranston has won back his right to preach Christian religious services, according to a settlement agreement approved in U.S. District Court yesterday.

Judge William Smith issued a ruling that found inmate Wesley Spratt was preaching as a religious exercise under the meaning of a federal law, the Religious Land Use and Institutionalized Persons Act.

Smith found that the Department of Corrections’ blanket prohibition against all preaching by inmates substantially “burdened” Spratt’s rights under the federal law, and that the prohibition was not the “least restrictive” means available to maintain prison security.

The decision means Spratt can preach again, under the supervision of an institutional chaplain, according to Lynette Labinger, who represented Spratt on behalf of the Rhode Island affiliate of the American Civil Liberties Union.

Labinger said yesterday the order resulted from a settlement negotiated between the ACLU and the Department of Corrections in lieu of going ahead with a trial.

Spratt already had a long criminal history when he was convicted in 1997, at age 37, of shooting to death Christopher J. Naylor, a parking lot attendant in Providence who was unarmed and had no money.

Spratt robbed two different parking lot attendants in one night, netting about $70. Because of prior felony convictions, he was declared a habitual offender and ordered to serve at least 45 years in prison before becoming eligible for parole.

Later, saying he was called by God, Spratt began preaching to his fellow inmates. But in 2003, that was stopped by Warden James Weeden, who took over the maximum-security facility at the ACI.

Spratt filed suit. In 2005, U.S. Magistrate Jacob Hagopian upheld Weeden’s ban, saying he deferred to the warden’s judgment.

An ACI lawyer argued that the prison can’t allow one inmate to have actual or perceived authority over others.

But the ACLU intervened, arguing that there was no evidence that Spratt’s preaching caused any problems.

Judge Smith sided with the ACI. But the ACLU appealed to the U.S. Court of Appeals for the First Circuit, which reversed Smith’s ruling and ordered a trial on the merits.

Labinger said yesterday she was pleased a settlement was reached, rather than going to trial.

“I commend the Department of Corrections for its work in adopting a policy designed to fulfill the letter and spirit of both the First Circuit’s ruling and RLUIPA’s goal of respecting the exercise of religious freedom by incarcerated individuals.”

The settlement also requires the state to pay Spratt’s legal fees.

Wesley Spratt was stopped from preaching in 2003 by Warden James Weeden, who took over the maximum-security facility at the ACI.

plord@projo.com

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