Convicted killer wants prison to stop censoring his racy letters
Posted December 9, 2010
Raleigh, N.C. — A man convicted of killing his lover's husband a decade ago has filed a federal lawsuit against the administrators of a military prison in an attempt to send sexually explicit letters to his wife.
Army Staff Sgt. John Diamond is serving a life sentence for the Dec. 17, 2000, shooting death of Air Force Capt. Marty Theer. Prosecutors said Diamond was having an affair with Michelle Theer and that they had conspired to kill her husband.
Diamond alleges in the suit that prison officials censor his letters to his wife in violation of his First Amendment rights. He says he wants to be able to communicate with her "free from undue government influence."
He also is seeking $1 million in punitive damages in the suit.
Michelle Theer also is serving a life sentence in the case, which gained national attention when she fled North Carolina and changed her name, her hairstyle and had plastic surgery in an attempt to avoid capture. U.S. marshals arrested her in Florida in August 2002.