Seth Bader, Jewish Prisoner Loses His Religion Suit

Berlin, NH - Seth Bader, the Stratham attorney convicted of murdering his ex-wife in 1996, has lost a federal lawsuit accusing the state of depriving him of the ability to practice his religion by transferring him to the prison in Berlin.

Bader, an Orthodox Jew, attended Sabbath services twice a month, celebrated Jewish holidays and met regularly with a rabbi while at the state prison in Concord, where he served the first 12 years of his life sentence.

In December 2010, corrections officials transferred Bader to the prison in Berlin, where Jewish services aren’t offered.

Although the prison’s chaplain tried to find volunteers to lead services, he had little success: The prison had just one other practicing Jewish inmate, and volunteers from Concord said they were unable to make the trip north.

Bader sued the state under a federal law prohibiting the government from imposing burdens on a prisoner’s religious practice.

But local conditions, not prison restrictions, are to blame for the Berlin facility’s lack of Jewish services, according to a decision issued last month by the U.S. Court of Appeals for the First Circuit.

In denying his appeal, the court said Bader’s problems “derive from a lack of outside clergy, volunteer visitors, and practicing co-religionists” - not a prison decision to preclude visits from rabbis or limit the number of Jewish inmates.

Bader could argue the prison’s decision to transfer him to Berlin caused his current problems, but by that logic, he could also argue the state’s refusal to grant him parole had burdened his religious practice, the court said.

“There are several million prisoners in the United States; many would likely prefer some other prison in the jurisdiction and many could plausibly claim that transfers would be more conducive to the practice of their religion,” the court said.

Bader's attorney, Michael Sheehan, said yesterday the court "went out of its way" to make a slippery-slope argument.

"I don't think that was the right analysis," Sheehan said. The law that formed the basis of Bader's lawsuit - the Religious Land Use and Institutionalized Persons Act - "was written to make these claims easier," Sheehan said.

Bader never alleged the prison transferred him to Berlin out of retaliation, Sheehan said. The transfer came a week after he was written up for having classical music CDs and other personal items contrary to prison rules. He was never found guilty of a disciplinary violation, however, because he was apparently allowed to have the items by prison staff, Sheehan said.

Instead, Major John Fouts said he was concerned Bader had "undue influence in other areas of the prison" and had been developing relationships with prison staff he "might exploit later," according to the court's decision.

"I think at the end of the day, Fouts was uncomfortable with Seth Bader," Sheehan said.

While the court determined the transfer was legal, it also said the state "would do well to consider" whether Bader could be safely transferred back to Concord.

Sheehan said he hasn't spoken to prison officials about that prospect, and prison spokesman Jeff Lyons said there were no plans to transfer Bader.

Bader was found guilty of first-degree murder and conspiracy to commit first-degree murder for shooting his ex-wife, Vicki Bader, in the head in 1996.

His appeals of his convictions have repeatedly been rejected. In November, he filed petitions in Coos County Superior Court seeking a new trial, according to news reports.

Those petitions were rejected, Sheehan said.

Source: Concord Monitor