In a motion filed last week, defense attorney Suzanne Lee Elliott claims that three times since October state Department of Corrections staff have opened his incoming correspondence, including one package marked in red ink with the words "Special legal mail. Open only in presence of inmate."
The package arrived opened and with a Post-It note attached saying, "Opened by mistake. Mailroom," according to Elliott's filing. In other cases, the packages were opened and the contents repacked before their delivery to Wade, despite being marked as being from his attorney, Elliott alleges.
Elliott claims one of the opened packages was sent two weeks after she wrote a letter to Anchorage jail Superintendent Debbie Miller advising her of the lawyers' concerns that mailroom personnel were violating their own policies.
Elliott asked a federal judge to order Anchorage jail officials to appear in court and explain why the charges against Wade should not be dismissed "because of continuing violations of Wade's right to counsel."
Federal prosecutors had not yet responded to the motion Saturday. A Department of Corrections spokesman did not return a phone message seeking comment.
Wade, now 29, is accused of the 2007 torture and murder of his Sand Lake neighbor, nurse practitioner Mindy Schloss. He will be tried in federal court, where he would face the death penalty if convicted.
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