June 26, 2016
The Office of the Governor, Nathan Deal
State of Georgia
206 Washington Street
Suite 203, State Capitol
Atlanta, Georgia 30334
Dear Governor Deal,
Allow me to introduce myself; my name is Raymie M. Malloy. I am a wife, mother and grandmother. I am writing to you on behalf of my husband Tyrone C. Malloy GDC#1001277236 currently housed in Johnson State Prison in Wrightsville, GA. My husband was the sole provider for our family as well as the Physician in several medical offices providing employment for approximately twenty-one employees.
It has always been my belief that in the criminal justice system that the purpose of parole is one means of rewarding offenders by granting early release for good behavior, rehabilitation and returning to their communities to be productive members of society.
My husband, Dr. Tyrone C. Malloy is a 66 year old Medical Doctor who holds a degree from The Johns Hopkins School of Medicine in Obstetrics & Gynecology, As well as a Jurist Doctorate from Georgia State University. He is an Adjunct Professor in the Department of OB/GYN at the Emory University of Medicine and has practiced medicine in the South Dekalb community for over 33 years. My husband has served as Chief of Staff of Dekalb Medical Center-Hillandale, CEO of the first Menopause Center in Atlanta and has had one of the most prolific Clinical Research centers on the east coast. Additionally, he is a veteran of both Vietnam and Desert Storm as a commissioned officer and was honorably discharged from the United States Army as a Lieutenant Colonel after 30 years of service to his country. He has never been convicted of any crime, white collar or otherwise.
This entire nightmare began in August 2010 when my husband defended himself against allegations of Medicaid fraud per the Policy and Procedures of the Medicaid/Peachtree for Kids program. He successfully defended himself in a hearing before Administrative Law Judge Steven Teate, where Agents representing the Department of Community Health testified under oath that Dr. Malloy had done nothing wrong in the course of his office billing procedures. I would note that several emails were placed into evidence at this hearing corroborating the verbal testimony at this same hearing. Judge Teate found my husband Not Guilty of Medicaid fraud and the decision was never challenged.
Needless to say as a family, we were relieved and believed this incident was fully behind us. Sixteen months later a Dekalb County Grand Jury indicted my husband on the very same allegations brought in August 2010. As a consequence we went all the way to the Supreme Court of the State of Georgia requesting dismissal of these charges on the grounds of collateral estoppel. The Supreme Court ruled that the indictment by the Attorney General Sam Olens supplanted the ALJ Hearing decision and that we would be able to defend successfully in trial court with the evidence that had previously exonerated my husband. However, upon commencement of the trial before Superior Court Judge Cynthia J. Becker (who herself is now before the Commission of Judicial Qualifications for six violations of the Code of Judicial Conduct) Judge Becker ruled that the Agents of the Medicaid division who had testified at the ALJ Hearing could not testify in the presence of the jury and the emails previously introduced were ruled inadmissible as evidence .Judge Becker further ruled that we could not mention the ALJ Hearing or Judge Teate’s ruling in the course of any testimony during the trial.
My husband was found guilty of two counts of Medicaid fraud on March 10, 2014. As devastating as this was, Judge Becker stated in the courtroom during sentencing that she was going to make an example of my husband, and let me assure you she has done so. My husband was sentenced to 20 years on the two counts to serve four years for a crime he did not commit. One of the many consequences of this conviction has been my husband’s loss of his medical license to practice medicine in the State of Georgia. Of course you would expect a wife to say this, but it is nonetheless true, and we plan to Appeal this judgment to the highest court in the land.
My letter to you is in the hope of appealing to your sense of justice as it concerns the Board of Pardons and Paroles. It is my understanding that the Board makes the determination for parole based on a multitude of factors: Risk of re-offending being the primary determinant. It was determined my husband’s risk score -4 (highest being -5) with a crime severity level of 3 would have established a tentative parole period of 20-24 months. This being said, we fully expected his parole eligibility date to be sometime in July 2015. Instead the Board of Pardons and Paroles chose to go outside the grid and set a Tentative Parole Month of March 2017! As a result he is being required to serve 75% of his sentence as a first time offender and veteran for a non-violent crime.
I would further ask you to note that my husband has been in five different facilities since leaving the Dekalb County Jail these past thirteen months: Jackson State Prison, Calhoun State Prison, Reidsville State Prison, Phillips State Prison and presently Johnson State Prison. My husband has had bunkmates who are murders and sex offenders and at one point had to request “protective custody” at Reidsville in fear of gang violence and rape. My husband has had no disciplinary reports and has resided in a Faith & Character based program in Phillips State Prison and now at Johnson State Prison.
Supplementary to all of the aforementioned, my husband’s medical problems further adds to the injustice perpetrated by the Board of Pardons and Parole. He suffers from Sleep Apnea, Benign Prostatic Hypertrophy, Chronic Prostatitis, and Gastroesophageal Reflux. Presently we are waiting for the results of a biopsy. The need for a biopsy was prompted by testing that showed an elevated Prostate Specific Antigen, which he was notified about until two months after testing took place! The biopsy was performed almost six months after the abnormal PSA result and to date we have no biopsy results. How I ask, can this be justice? How can the Board of Pardons and Parole justify such a prejudicial decision under these circumstances?
Tyrone has done everything required to obtain this deserved parole and this decision by the Board has been an affliction to my family, those who care deeply for him and the community at large. His incarceration as an African-American has been added to the oft quoted statistics of mass incarceration of African-American men. His continued incarceration supports the injustice that many have discussed as it relates to the minority community in the United States and in Georgia specifically. What is accomplished by continuing to incarcerate a tax paying, accomplished Physician who has done so very much for his family and community at the expense of the taxpayers of the State of Georgia?
In conclusion I would ask you to note that Judge Cynthia J. Becker ruled against our motion for bond pending appeal, agreeing with the Prosecution that my husband was a “flight risk”! Our children and grandchildren all live in Georgia, his only licensure was for medical practice in Georgia, he owns property in Georgia where would he go? Judge Becker also failed to rule on his motion for a new trial before leaving the bench knowing the day she received it, March 11, 2014 that she had no intention of doing so.
Governor Deal, I am not asking you to adjudicate my husband’s guilt or innocence, I am asking for simple justice and appropriate consideration of his parole when all the facts are taken into account. He does not deserve this level of treatment and I submit this to you as a plea for justice, fairness and mercy.
Raymie M. Malloy
25 Park Lane
Atlanta, GA 30309