Cain asked for book cut, lawsuit says JAMES MINTON Publication Date: May 30, 1997 Warden Burl Cain asked to share the profits from a proposed book on Louisiana State Penitentiary and later barred its writer from the prison for refusing to give Cain editorial control over the manuscript, according to a federal lawsuit filed Wednesday. Daniel Bergner of New York City alleges Cain violated his constitutional free speech and free press rights by changing the conditions of his access to the penitentiary and inmates. By linking editorial control to Bergner's access, Cain imposed conditions not required of the general public or other news media representatives allowed to enter Angola, Bergner alleges. Cain did not respond Thursday to a request for comment on the lawsuit. U.S. District Judge Frank Polozola issued a temporary order,pending a June 4 hearing, prohibiting Cain and all other corrections employees from using threats, intimidation or other means to discourage 10 Angola inmates from cooperating with Bergner's research. The lawsuit says Cain gave Bergner "carte blanche" access to areas of the maximum-security prison and authority to conduct unmonitored interviews with inmates during several visits late last year and this year. The arrangement soured, however, when the warden learned Bergner had asked inmates about drugs and homosexuality in prison, the petition says. Bergner said during a weeklong visit in January, Cain told him prison officials would monitor future inmate interviews "to make sure they don't say anything bad about us." But the warden added Bergner could have more private conversations if he gave Cain "editorial review" rights, the lawsuit says. During the same discussion, Bergner said Cain asked how much the publisher had advanced him for the book.

When Bergner said the advance was $60,000, "Cain was notably impressed, and replied that this was more than he thought," the lawsuit says. Bergner alleges Cain invited him to continue the discussion on Feb. 26 while the warden was speaking on the death penalty at an Amherst, Mass., forum. "During that meeting, Cain raised the subject of how Cain could profit from Bergner's book. He mentioned that he would retire in a few years, that his wife wanted to build a barn and that he wanted to make all he could while he was working," the lawsuit says. "I sure hope we can make some money off this thing," the lawsuit quotes Cain as saying. During a March 24 visit to Angola, "Cain again broached the subject of money," but also said he had decided to "do his own book" and was going to New York that week to seek a publisher, according to Bergner's petition. "He then asked Bergner how much Bergner would have offered him, saying he might change his mind about writing his own book. "When pressed by Bergner for the name of the publisher, he (Cain)conceded that he had no publisher yet and pressed Bergner to tell him how much Bergner was willing to offer him. Bergner refused to respond," according to the lawsuit. On March 26-27, Cain continued to press Bergner to sign an editorial control agreement, finally having him escorted from the prison for refusing to sign. "Cain said, 'I love you like a brother, but this is just business,' " the petition quotes the warden as saying in one discussion. Bergner said he later proposed an agreement that would allow Cain to review for accuracy any book passages about Cain or his family, but Cain said it was unacceptable "because it did not give Cain control." Bergner's petition also contends he is entitled to recover lost profits if he is unable to finish the book. A Nov. 12, 1996, letter from Bergner to Cain attached to the lawsuit indicates

Bergner got the book idea after visiting Angola to do research for a magazine article on the Angola Prison Rodeo. Bergner said the book would focus on Cain's leadership, the changes taking place at Angola and the theological and practical components of the warden's approach to running the prison. Bergner said he and the publisher "are certain the book will be important - the story of a unique penitentiary run in a unique and successful way, a story that stands in meaningful contrast to the usual sensationalism of prison movies and books."