ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Sunday, April 21, 1996                 TAG: 9604220069
SECTION: VIRGINIA                 PAGE: B-7  EDITION: METRO 
DATELINE: RICHMOND
SOURCE: Associated Press 

ACLU SUES VA. FOR TAKING INMATES' CASH MONEY WAS USED TO PAY PRISONERS' COURT COSTS

A death row inmate and two other prisoners filed a lawsuit Friday challenging a state policy of taking money from inmates' personal accounts to pay court costs from their trials.

The inmates, represented by the American Civil Liberties Union and the Old Dominion Bar Association, say the policy violates prisoners' constitutional right to due process.

``This is simply one in a large number of mean-spirited policies or actions in recent years that seem to be designed to degrade prisoners,'' said Kent Willis, ACLU director in Virginia.

Kenneth M. Stewart Jr., David K. McDaniel and Marguerite Richardson are among many prisoners who have complained about the policy, said David Baugh, an attorney for the plaintiffs who filed their case in Richmond Circuit Court.

``Based upon their situation, we chose those three,'' Baugh said. ``There will be many more lawsuits after this.''

Class-action lawsuits cannot be filed in Virginia courts.

Inmates are not allowed to possess money, so the state sets up accounts where they can keep funds to buy toiletries and other personal items not provided by the prison.

Since last year, the state has placed liens on the accounts to collect court costs owed by inmates, said Bill Cimino, a spokesman for the secretary of public safety.

He declined to comment on the lawsuit but defended the policy.

``Inmates should continue to pay their fines, costs and restitutions associated with their convictions,'' Cimino said.

The lawsuit alleges that the state is violating its agreement to hold the inmates' money in trust for their personal use. The suit also contends that inmates who have been declared indigent cannot be required to pay court costs until a judge determines they are no longer indigent.

The lawsuit asks the state return the inmates' money with interest.

All three of the inmates who filed the lawsuit are indigent and depend on donations from family and friends, the lawsuit said.

Stewart, who was sentenced to death for killing his wife and 5-month-old son in Bedford County, owes $54,000 in court costs, Baugh said.

Richardson, who is serving 62 years without parole for robberies in Northern Virginia, ran up court costs totaling more than $10,000.

Baugh did not know about McDaniel's record.

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