fEMALE ~m~ON CONDITION~ ·I~~UE~ TO BE ADDRE~~ED·

Tallahassee - On October 10, 1998,
Florence Krell, 40, a fcmale prisoner
incarcerated 31 Jefferson Correctional Institution located near Monticello, Florida,
....'8$ found hanging dead in her solitary
confinement cell after filing complainlS
about brutality by prison guards. On Dcumber 3, 1998. another female prisoner.
Christine Elmore. 25, was also found

hanging in a Jefferson CI solimry confinement prison cell she died IWO days latcr at
a hospital in Tallahassee witheUi regain-

ing consciousness.
Christine Elmo~'s death came just
days after :m investigation was slaned in
late November inlo Krell's dellth by a
reponer from lhe Tampa Tribune,
Michelle Pcllemans. Both deaths. which
lhe Floridll Department of Corrections
(FDOC) hils labeled suicides, sparked
calls for nn independent investigation by
civil rights groups. the news medin, and
cenllin politicians, into not only the
deaths, but also into conditions in
Florida's female prisons. FI'LP initially
reponed on this situation in the feature
anicle in the last issue entitled "FEMALE
PRISONERS'
DEATfIS QUESTIONED." Since then there have been
further developments.
On January 6th, committees from
both the House and Senate called prison

IN THIEl

IElEI~

•

officials before them, and concluded
that the answers given were inadequate.
Slate senator Ginny Brown-Waite, RSpring Bill, head of the Senate Corrections Comminee, said following the
hearings, that the deaths could have
been prevented and that she was dissat·
isfied with the FDOCs response to lawmakers. "They still can't answer simple
questions," she said.
The FDOC admitted during those
hearings Ihat mistakes were made,
bUi defended the depanment's suicide
prevention procedures. This was not
sufficient 10 Sen. Brown-Waite, who
questioned whelher prison omeinls
pushed Krell to the point of suicide
while ignoring her pleas for help. "Do
you push that person to the brink of
SUIcide by slripping them and leaving
them naked for 24 hours al a lime?,"
Brown-Waite asked. The senalor said
that she would draft a bill that would
require the Floridll Depanmcnt of Law
Enforcement (FDLE) to investigate all
future prison suicides and suspicious
deaths of prisoners.
On January 13, 1999, Gov. Jcb
Bush dismissed as "inadequate" a 500page repon released by the FDOC in
December concerning Ihe death of Florence Krell. That repon was inconsis-

tcnt in accounting for the aClions of
prison officials in the circumslances
surrounding Krell's death.
Governor Bush ordered Ihe FDLE 10
conduct its own investigation into both
Krell's and Elmore's deaths and the disturbing circumstances surrounding
Sllme that have come to light.
Gov. Bush has also directed the
FDOe to seek "investigalion assis·
tance" from the FDLE following any
future prison murders, suicides, or sus·
picious deaths; whenever a lifethreatcning injury occurs in a confrontation between prisoners and prison staff:
and whenever "major" corruption or
criminnl nctivities are suspected in a
prison. The U.S. Justice Depanment
continues to look at whether n fonnal
investigation is going 10 be necessary by
that depanment.
The FDDe investigation repon Ihat
was released conceming Krell's denlh
showed thai Krell had asked repeatedly
to be transferred from Jefferson CI to
Brownrd el's crisis intervention unit
beforc her death. Prison slafT had determined Ihat her requests were manipUlative and summarily denied them. Depanmcnt records show Ihal the senior
psychologist at the prison, David
Schrimer, who only has mail-order cre-

PRISONS FOR PROFITS
BUND JUSnCEoDEATH
NQTABLE-CASES
FPLP SOUNDOFE
MORATORIUM 2000
ESSENTIAL READING
U.O.C.:PllBOC RECORDS AND POTATO PEELERS

3
7
9

13
15

16
18

dell1ials, delemlined that Krell was not a
Ihreat to herself and chose not to report
her allegalions of brulality by guards to
other officials.
When Krell aflempled to speak to a
higher ranking correctional officer while
in confinement, two male and two female
prison guards falsely clltimed that she
had becn placed on a "suicide watch."
They used that excuse to justify forcing
their way into Krcll's cell with n shield,
seize her few possessions-such as n cup
and toilel paper they c1nimed were
"conlrnband"-nnd left her naked nnd
handcuffed on the noor of the ccll.
Krell later unsuccessfully filed complaints that she wns lef! in that position
for days without water-after having been
pepper-sprayed.
When Krell llllempted 10 write to the
judge lhnt had sentenced her to prison
nnd to her mother to repon the abuse she
was suffering and ask for help, her leller
10 the judge was confiscaled by guards.
Despite the official profile thaI David
Schriemer placed in Krell's file~, lhat she
was
psychologically normal,
the
FDOC's own investigalive repon contained numerous illlerviews with other
prisoners and guards showing thaI Krell
was deeply troubled and hnd desperalely
sought help to no avail.
The repon detailed how Krell had
stopped grooming herselr. tnlked to herself, refused to ent and had threatened to
kill herself. In among the interview repons from other prisoners aoom Krell'S
state of mind. FDOC investigators continually repeated references to Krell having been an exotic dancer. had breast
enlargement. and her sexual preferences.
The FOQC repon concluded that Krell
was solely responsible for her own death.
The report also exhibits inconsislencies in whelher prison guards had
acnml1)' made rounds to check on confinemenl prisoners. or whether lhey had
just falsified the logs and then skipped
the required evcry half hour security
checks. Very few prison confinement
units in Florida prisons have any means
for prisoners to let gunrds know they
are having a problem or medical emergency beyond banging on the door. But
that often lends to disciplinary aClion
agtlinst prisoners. and in many cases to a
beating or gassing by gUllrds, according

F.P.L.P. VOLUME 5, ISSUE 2

to numerous reports received by FPLP
staff.
The FDOC's investigation into Christine Elmore's delllh was expected 10 be
released by February, bUl WllS not available
at Ihis writing. Officials slate that Elmore
had asked to be placed in solitary
confinement after being lransferred to
Jefferson CI from Florida CI becausc
she feared another prisoner at Jefferson
who she had once testified against. Elmore
had only been at Jefferson CI for eight
days at the time she was found hanging
unconscious in her cell.
Following calls by FPLP, lhe Miami
officc of the ACLU, continued pressure
primarily from reponer Michelle Pellemans of the Tampa Tribllne, and the
threal of a pending Justice Depanment investigation and new legislation from Senator Brown-Waite, on January 20th the
FDOC's new secretary, Michael Moore
was called before a HOllse cornmillee to
answer questions. Despite the ~get tough"
reputation that Moore has broughl with
him to Florida, he infonned the House
committee that positive changes are going
to be made in Ihe prison system.
Even though Moore's predecessor
Harry Singlctary's repon on Krell'S death
found no wrongdoing, Moore told the
commillee thllt more than 21 prison employees, including six in supervisory
positions, were involved in the incidents
leading 10 Krell's and Elmore's dellths. He
lold the commillee that disciplinary action
is pending Ilgainst some or all of those
employees upon the completion of an independent investigation.
Michael Moore also told the House
commillee that hc is making changes to the
depllnment's rules to include his orders that
no prison may force prisoners 10 go naked
or take disciplinary action against them for
injuring lhemselves.
Moore said thaI he has directed the
re-estabtishrnem of a Standing Advisory
Commiuee on Female OITender Issues
composed of domestic violence and sexual
abuse expens to address "serious female
oITender issues." Moore also ordered Jefferson CI guards to undergo additional
training. - TERESA BURNS.

FLORIDA PRISON LEGAL
PERSPECTIVES
POBox 660·387
Chuluota, Florida 32766
PublisbinS Division 0(;
n.oRlllA_taC,U.IolD~'I1IOI<,1IOC:.

A 501(c:)(3) Non PTofil Orglll1iwlon
(407) 568-0100
Web: hllp:Jlrnembcl'uol.comIfplplrplp.hlml

.. _-_

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_

FPLAO DIRECTORS

TERESA BURNS
BOB POSEY
DARRYL McGLAMRY
DAVID W. BAUER. Esq.
FPLPsrAFF
PlIbltwr

TERESA BURNS

Editor BOB POSEY
Layout EdUor JOHN OAKS
Rllallc:h
SHERRI JOHNSON
Admln.Aul•• USA FAULKNER

TRACIROSE

FPLP ADVISORV BOARD
W\l.Ll.AM VAN POYCK
PHnJP BAO\..EY· SHARON SIMMONS
TEPJl. Y VAUQHN • M1ClfAliL LAMBRIX
AlAN J. COTTON. IAMfS QVI0L£Y
lAMES TAYLOR _JUDIE ItI0HT0WfJt
CARL WELLS - GLENN SMITll
ORlAN MORRIS -EARN HOWAPJ)
UNOA OOTTUED • SUSANNE M. MANNINO
lANEPRATr· PAUL ADAMS
KIMBI!IU.Y PEOf>LES - PEJ'ER BlANTON
JAMES MA10R - BNRIQlJ£ DIAl

SCOTTORAY
fLOlUDA nJ50N IS:lAL I'EJ.SI'fCJlVES .. pIIIiolIoIl w~""1'IcwIdo rn--. t..opl ~0rpIIb.0Il0a" 1.0<-. Iml
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NOTICE

~--

The inrormation in this publicstion provides news
and opinloo rrom various totlll:CS and may not prpvide sllmc:ient infomwion 10 deal with alc:pl problc:m. Neithc:r the IIIlblishcr, nor nalT, warT1IIIlS or
n:~u the sllitabirity or the inrormauoo in this
public:alion fOI insullll'n/l any Jellt action. An
Itton:>c:Y or other knowtedac:abte pc:non in I di~.
puled Ilea 'hould be conslll!ed for experience In
lep!~. J'hjspu~ic:ation sbould nor be relied 011
U aulhoritanve CltaUon,

========='Page 2

CORRECTIONS
COMMISSION CALLS FOR
FEMALE PRISON CHANGE
During late January, John D. Fuller,
Executive Director of the Florida Corrections Commission, called on the new
Floridll Department of Corrections
(FOOe) secretary, Michael Moore, to

exchange North Florida female prison Jefferson CI with II male prison in South
Florida. For the pasl IWO years, the Commission has recommended to the FDOC
and the Florida legislature thai such II
change is needed, yet no action has been
laken on the recommendation. The Commission has maintained that such a female
10 nllll~ prison conversion is necessary as
the majority of female prisoners arc being
housed in North Florida prisons, while
most of their homes and families arc in
South Florida. The Commission cites that
this problem fails to accommodate the
needs of female prisoners in maintaining
relationships with children and families.
At present there is only one prison in
South Florida for female offenders,
Broward CI, thai only has the capacity for
approximately 500. That leaves the vnst
majority of Florida's approximate 3,500
female prisoner population being placed
in institutions in the northern pm1 of the
state. An estimated 70% of those female
prisoners are from South Florida.
It will be interesting to see how the
FDOC's new secretary addresses this problem that the Corrections Commission has
obviously made a priority on their agenda,
as it should be.
ISource:Tampa Tribune, Rptr. Michelle
Pellemans, 1/27/99].

PENDING ACTIONS
Censorship Challenge Filed
A-42 U.S.C. sec. 1983 action has been
filed in the U.S. District Coun for the
Southern Dislrict of Florida challenging
the FOOC's censorship of "sexually
explicit" books and magazines. The aclion seeks declnralory and injunctive relief
againstlhe FDOC. The action requests the
court to declare that the FDOC's censorship rule at 33-3.012(2), F.A.C., as has
been applied to the prisoner plaintilTs, is
a violation of the plaintiffs constitutional
rights in that the policy is unconstitutionally vague, overbroad, and is not related

F.P.L.P. VOLUME 5, ISSUE 2

to a legitimate penological interest. Injunctive relief is sought to enjoin the
FDOC from further enforcing the policy.
The plaintiffs in this action are the Komar
Company (the parent company of PnperWings), a Maryland corporation that
publishes nnd sells books and magazines; and Florida prisoners Richard
Davidson, Jr. (Okee. CI), Thomas Chick
(Okee. CI), Louis Gaskin (UCI), and Ted
Herring (UCl). In addition to the secretary
of the FOOC being named as a defedant,
the superintendents of bolh Okeechobee
CI nnd Union CI are named defendants.
This action is still in the initial stages with
an amended complaint having been filed
in late December. The plaintiffs in this
case are being represcntcd by two .I!torneys from the Maryland law firm of
Brown, Coldstein & Levy, LLP, and
Florida attorncy Lawrence G. Waters of
Winter Park. FPLP will carry updatcs on
this case as it proceeds. Komar. Davidson,
Gaskins, and Herring V. Singletary. Pre·
vall. alld O'Neill, Case No:98-14294CIV·Davis.
Close Management (eM) Challenge
Attorney Pcter M. Siegcl. Florida Justicc Institute, has agreed to represent a
system-wide legal challenge to Close
Management confinement conditions
against the FDOC. The basis of the action
is the claim that long-term Close Management confinement causes serious deterioration in the mental health of prisoners
nssigned to such solitary confinement in
violation oflhe Eighth Amendment prohibition against cruel and unusual punishments. Only declaratory and injunctive
relief is being sought. Only prisoners on
CM will be considered plaintiffs. The aclion has not been certified as a class action
yet, although such will be applied for if
other prisoners intervene in the action as
plaintiffs. For more information contact:
Peter Siegel, Attorney, Florida Justice
Institute, First Union Financial Ctr., Stc
2870, 200 So. Biscayne Blvd., Miami FL
33131-2310.
Early Relcnse Crcdit Cases
In the latest issue of The Informalll,
Vol. 2, Iss. I, Feb. 1999, a publication
produced by the law office of attorney
Bernard F. Daley, Jr., is good coverage of
the Dec. '98 decisions of the Fla. S.C\.
concerning control relense. emergency,

administrative gain time, and provisional
credits. That issue examines the T1Iomas,
Downes, Meola, Jones, Meadows, Gomez
and Lancasler decisions. As copies of
The Informanl were provided to all
prison law libraries, and because FPLP
could not add anything to Mr. Daley's
analysis, for information about those
cases it is suggested that The fIr/orman!
be reviewed .•

PRISONS FOR PROFITS
Chanting "Keep it state, keep it safe:'
and "Public safety not for sale," 125 corrections officers from around the country
held a rally in front of the corporate offices of Wackenhut, Corp., in Palm Bch.
Gardens, FL, on Feb. 5,1999.
The public-employee prison guards
vowed to fight the growing privatization
of prisons nationwide, starting with the
protest against Wackcnhut. one of the
world's largest private prison companies.
The rally was part of a Ihree-day
quarterly meeting of state and municipal
correction's guards who are members of
Corrections USA, a nonprofit corrections
organization. The rally was designed to
prolest the boom in prison privatization
across the country, not just in Florida,
which now has five privately operated
correctional facilities.
Citing that "private prison" companies do not do adequate background
checks or provide enough training to their
employees, the public guards claim Ihal
prison privatization is dangerous. They
also claim that private prisons can conceal
assaults, escape attempts, and other matters because they don't come under the
same public access laws as public facilities.
At least 18 states have allowcd
some part of their prison system to be
privatized, said Pat Cannan, a Wackenhut
spokesman.
Cannan claims Ihat Wackenhut private facilities arc as safe, or safer, than
public correctional facilities. "Our safety
records are exemplary at all our locations," he stated. He also repeated the
standard lure for privatization, that states
can save money by using private companies to operate prisons, a claim that has
been debunked in several studies.
[Source: Pellsacola Neil'S JOllr.,

Page 3

chain-link shank. That was the eighth stab·
bing at the facility in six months.
In other recent privatization news:
• Between Oct. 5th to the 8th,
1998, 35 immigration detainees at the
• During Oct. '98, four prisoners Wackenhut-operated INS facility in
escaped from the Correctional Corp. of Queens, NY, weill on II hunger strike to
America-operated (eCA) $0. Central protest their lengthy confinement while
Corr. CIT. in Wayne Co., TN. All four awaiting hearings for political asylum.
were later recaptured. The reason cited for
the escape was inadequate slaffing. Dur• In .Aug. '98. II U.S. District Court
ing September '98 there had been an es· judge prevented the opening of a
cape allempl at the same facility. A recent Wackenhut.openued juvenile facility in
report by TN officials detailed that inci- Jena, LA, after finding that it had an inad·
dents including assauh and drug posses- equate number of guards. doctors lind
sion at the same facility was 287- higher teachers.
than at suite facilities during 1997.
2/6/991

• New Mexico prisoner Joshua McCann was still listed in critical condition a
week after being found beaten llnd uncon·
scious in a cell at the CCA-operated Tor-

rance Co. Detention CIT. in New Mexico
on Sepf. 10 '98. It was several hours
before McCann was found. CCA staff
was alerted 10 the beating by a phonecall
from outside the facility.
• Three officers at the Wackenhut·
opcrnted Lea Co. Corr. Facility in Hobbs,
NM, lost thcir jobs following an Aug.- 13
'98 incident that raised allegations of misuse of force against prisoner Tommy McManaway. Two LIS. resigned and the associate warden of the facility was
removed, with four other officers
receiving reprimands. According to an
NM DOC report one Lt. kicked the prisoner in the groin as he lay on the noor in
handcuffs and leg shackles. Another officer reported that he heard the associate
warden tell other employees that he
"wanted to hear a thump" when they took
the prisoner down, and to "stick to their
stories and he would back them up." The
DOC report exhibited thai Wackenhut had
concealed information from the public
concerning the incident. The state allorney declined to press charges against
the officers. The Lea Co. facility has been
locked down at least ten times since May
'98 following incidents of violence according to its warden. Following a stabbing at the facility in Dec., Wackenhut
officials were looking for ways to make it
difficult for prisoners to fashion weapons
out of pieces of chain·link fence. The
prisoner was Slabbed 93 times with a

F.P.L.P. VOLUME 5, ISSUE 2

• On Aug. 5 '98, II guard at CCAoperated Whiteville Corr. fucility in TN
was injured in an altercation with prisoners. The facility houses prisoners from
Wisconsin. On Nov. 10 '98 Wisconsin
DOC officials released infonnation to the
press that following the officer's assault
15-20 Wisconsin prisoners had been
abused during interrogations that CCA
officials had conducted. Wisconsin DOC
investigators found that prisoners had
been slammed into the walls by CCA
gUllrds, had been struck in the groin and
shocked with stun devices, nil to force
the prisoners to answer questions.
Despite the findings, WS DOC officials continue to send prisoners to the
CCA facility.
[Sources: Private Corrections Indllslry
Neil'S Bullelin, 11/98; Pr;.fOlI (.egol
News, 1-2199; USA TODAV, 12(31/98]_

WORK AND CONTROL

More on Michael Moore
In the last issue of FPU' it was
reponed that the Florida Ocpar.tment of
Corrections (FDOC) has a new secretary
in charge of the agency. Michael W.
Moore, 50, replaced fonner FDOC secrelary Harry K. Singletary. Moore has been
confinned in the chief FDOC position and
took over fron) Singletary in January.
Moore comes to Florida with a controverSill I history in corrections that has some in
Florida concerned about the future of the
FOOC.
Moore hails from Texas originally,
where he spent 28 years as a prison guard,
warden and regional director of the Texas

DOC. Only minimally educated, Moore
receive an A.A. degree from a Texas
community college in 1973, and followed
that up with a degree in criminology and
corrections in 1976. He is married and the
father of five children.
In 1995 he left Texas and took over
as the commissioner of rhe South Carolina Department of Corrections. Shortly
after arriving in S.C.. the worst prison riol
in S.C, for the past 20 years was credited
to Moore's "get tough on prisoners" policies, At least 32 prisoners and 6 guards
were injured in the riot thai occurred at
the Broad River Correctional Institulion.
As soon as Moore arrived to take over in
S.C. he began implementing severe
changes to thnt system, which in tum
created serious problems and earned him
criticism from not only civil rights advo·
cates, but also from many in state government and the news media.
In addition to requiring S.C. prisoners
to wear short hair, slate provided clothes
instead of personal clothing, cutting out
packages from families, implementing
new mail and publication censorship
policies, and cutting out proven
recidivism-reducing college and workrelease programs, Moore also stopped
S.C. prisoners from receiving a paltry
18-cents an hour work payment, and
instituled an 18-hour workday. Moore's
policies in S.C. had prisoners starting
work at 4:30 AM, and kept them busy for
the next 18 hours at doing something.
Moore pays lip·service to the idea of
rehabilitation-stating, however, that his
idea of rehabilitation only comes from
work and control of prisoners. He does
not believe in calling people in prison
"inmates" or "prisoners,". he likes the
term "ofTcnders." He says thaI no one
shou ld lose sight of the fact thnt
"offenders" are where they are because
they committed crimes.
This new FDOC "boss" says lhal
the FDOC needs 10 be nm more like a
business. Commenting on Ihe widespread
negative impression that he created in
S.C. and his business ideas, "COIltr.II'Y 10
whal a lot of the news media said in Soulh
Carolina, wedid a lot ofgood things, both
with education programs and economiz·
ing," he said. "I believe in system management, like Wal·Mart." For one example, commenting on the FOOC, "I believe

Page 4.

the prison system has several thousands
acres that the department owns and could
be in production," In S.C. he clnims to
have cui per prisoner meal costs by about
25-ccnlS with increased fanning practices.
"Thai'S whal 1mean by saying we need to
run Ollr prisons more on a business side,"
he said.
Florida 1·louse Corrections Committee Chairman Allen Trovillion. R-Winter
Park, said that he has lalked "prison
philosophy" with Moore on a few occasions since he has been here in Florida
and admires his approach to corrections.
"About 90. percent of the men who
are there don't have a high school
diploma," Trovillion says. "They need
some programs not only in education but
to change their way of living, thought
patterns, and to learn some lifemanagement skills. Mike Moore believes
in making them learn that."
"He'll whip the Florida system imo
state Senator David
shape," claims
Thomas, R-Greenvil1e, chainmm of the
S.C. Senate Corrections Committee. "I
wouldn't call what he does a punishment
model. bm a control model, and it works,"
commented Thomas. But Moore also has
many detractors that he 1cfi behind in
South Carolina."
The emphasis in the department
changed under Michael Moore, from
training and gelling inmates ready to go
back into society, to punishment," said
GlIston Fairly, a Columbia, S.c.. allorney who represented prisoners III lawsuits against Moore. "It was discipline, bllt
not good discipline. Prison itself is punishment, but [Moore wasn't] trying to
make a person beller while they're in
there." staled Fairly.
Moore hos said his goals in Florida are
"instilling order and discipline," and supporting the FODe's employees. He spent
most ofllis first month on the job meeting
legislative leaders and making some
changes 1I1 the top administrative positions in the FDOC. He brought with him
his top deputy from S.C., Mike Wolf. who
will apparently replace Singletary's deputy
secretary, Bill Thurber. And he has recruiled Theresa Coker, former pcrsonnel
direclor for Ihc FL Depanmcnl of State, to
be his assistam secretary for exeeutive
sCl'Yices.
Moore was (allegedly) recommended
10 Florida's new governor Jeb Bush, by

F.P.L.P. VOLUME 5, ISSUE 2

fonner Republican S.C. governor David subject (0 retaliation by prison starr. The
Beasley. Bush said that Beasley's stories of five women aTC looked at in the
"lough-guy" recommendation of Moore report. All five arc part of an ongoing
was just what he had in mind for the Inwsuit against the Michigan Department
FDOC position. Jeb Bush laughingly of Corrections. The lawsuit concerns
shrugged ofT the suggestion thai his "am- claims that prison offieillis hnvc not
ing Moore to replace 1·larry Singletary stopped guards and staff from sexualiy aswas a shift from rehabilitation 10 saulting and abusing female prisoners, and
punishment in Florida prisons. "You that when complaims were made about the
think we've been doing that? Rehabilita- abuse that retaliation from guards was the
tion?" asked Bush, incredulous. "I think result. The repon is entitled Nowhere to
the geneml philosophy of corrections, the Hide: Retaliation Against WOlllen in /I,fichifirst priority. needs to be to keep people gan Stare Prisons. For more infommtion
who have commitled serious crimes in on the repon contact: !'Iuman Rights
jail," Bush said. "The way to keep them Watch, 350 Fifth Ave .• 34th Floor, New
from coming back is the second priority- York, NY 10118-3299. Ph.lI: 2121290an imponant one-and it is to provide job 4700.
Fax:
2121736-1300. Email:
training opponunities, education opponu- hrwnyc@hrw.org.
nities,drugrehabilitation."
Web:http://www.hrw.org/reDuring his first year, Moore says ports98/women/. [Source: Prison I.egal
that he will tmvel to every FOOC News 2/99).
institution to meet as many staITas he cnn. ~================i
One of the first issues thllt Moore
WHERE DID CRAIN
will have to deal with in tile 1999 legislaGANG
CHARLIE GO'!
tive session, IIccording to one state
representative. will be the continued
For those of you who :lfe wondering.
push to privatize prisons in Florida. A bill
has already been ,IIled'III the House to ..... hal happened to fonner state $t:natOT
make private prisons in Florida take Charlie CriSI (R), who 10Sl his bid at the
the same high security-rated prisoners as U.S. Senate in Ihe November 1998 dection.
the state operated prisons have. Currently he has lnnd~d nnothtr Slate job. Charlie,
there nre five privately operated prisons who tried to campaign on the backs of
in Florida that have only generally nc- prisoners, presenting him~elf as the
cepted minimum or medium security pris- "toughest" all loekint up criminals and
oners.
making it lough for them in prison. had
Moore has said that he hasn't taken a went SO fllr 11$ to give himself the nkknaml.'
position on prison privatization, although "Chain Gang Charlie" after he pushed fur
he real izes it is one of the top concerns the reintroduction of e1min gangs in Fladdll.
of state correctional officers. "I'm neither
On Feb. 10.1999, Charlie (who some
for nor against privatizing," he said. prisoners caU"l'he Tuna," because he "just
"Thot's a decision far above my head. But isn't good enough") was appointed deputy
this criminal justice system is so large, secretary of the Florida Department of
everybody could take a bite of it-lake 10 Business nnd Professional Regulation. It's a
bites-and we'd still have plenty left."
bet Charlie doesn't try to get IQugh on
[Sources: Tallahassee Demacral, Internct] tHe business community in fhnl position,
•
or he may just find himself as a
r
--jsnnil8tion engineer in his next job, Sorry

FEMALE ])RISONER ABUSE ~C:::h",,,-d,,,;ec.I.:.:-

-,

REPORT
Recemly the HUrlllln Rights Watch
issued a new repon detailing an investigation of repons of abuse of female
prisoners in Michigan. TIle repon cites
thaI Michigan female prisoners are being
held III inhumane conditions and that
women who challenge the conditions lire

SEVEN ACQUITED IN
BEATING AND DEATH
OF FLA I'IUSONER
Fori Myers - Aller a six-day trial in the
federal court located in Fort Myers,
Florida, seven of the ten former Florida
correctionol officers originally indicted in

Page 5

the beating and de:nh of prisoner John
Edwards at Charlone Correctionallnstitution, were acquited by a jury on Jllnuary
15. 1999. The ex~FDOC guards. had been
indicted last year by a federal.grand jury
after being charged with violating Edward's civil rights by beating Edwards
over several days and then after he CUi his
own wrists, allowing him to bleed to death
over a 12-hour period, chained to a steel
bed. Ten FDOC officers were originally
chnrged, and all ten were fired by the
rooe when the seven-counf indictments
were handed down on July 10, 1998. [See:
FPLP, Vol. 4, Iss. 5, "FDOC CORRECT[ONAL OFFICERS INDICTED BY
FEDS."]
Only seven of tile fomler guards, that
had held rank in the rDOC from entry
level officers to Captain rank, were taken
to lrilli. The other three officers pled guilty
in exchange for their testimony against the
other seven and the possibility ofa lighter
senlence.
Yet, in spite of that testimony, thnt
detailed the horrendous condilions that
John Edwnrds had been subjected to for
several doys before his death, after tWO
days of deliberations the jury (eighl men
and four women) returned n not guilty
verdict on all counts. Now, only the
three ex-officers who testified against the
other seven. and who pleaded guilty, will
possibly go to prison for Edward's abusive
treatment. They still face sentencing.
Acquitted by the jury were fanner
FDDC guards Capt. Donald Abraham,
Capt. Kevin Browning. Sgt. Michael
Carter, Sgl. Gary Owen, COl Richard
Wilks, Paul Peck and Joseph Delvecchio.
The prosecution's witnesses were exofficers John D. Robbins, Roben Shepard
and fonner Sgl. Thomas J. McErlane.
Defense attorneys for the other seven aequited officers allacked the three witnesses' testimony. saying they were the
ones who beat and abused Edwards and
were lying on the stand hoping to get
lighter sentences by involving others - particularly supervising officers. [t lliso was
presented as relevant that Edwards was in
prison for killing his estranged wife and
anal her man. and thlll he was a selfprofessed Satanisl.
In testifying III the trial, John Robbins
was considered a key prosecution witness.
He admilled that he was perhaps the most
enthusiastic of Edward's attackers.

F.P.L.P. VOLUME 5, ISSUE 2

According to Robbins testimony, Edwllrds
arrived at Charoloue Correctional Institution (CCI) on the night of Aug. 18,
1997, escorted by Zephyrhills Corree·
tiona I Institution (lCI) guards Joseph
Delvecchio and Gary Owen. Infon1llltion had already been received at Chnr. CI
that Edwards had lunged at a ZCI guard,
Dominick Denicola. and bit his cheek and
then taumed the officer thai he had AIDS.
Robbins detailed how Edwards was
beaten vinually from the moment he arrived at CCI and was beaten and abused
for the next four days until Edwards cut
his own wrists and wns then allowed to
bleed to dealh chained to a metal bed.
When Edwards was first pillced in a cell,
Robbins testified that he was there aloag
wilh former Sgt. Michael Caner, Roberl
Shepard, and Thomas McErlane. Robbins
said he and Carter ran Edwards into the
cell wall, threw him to the ground, whcre
Robbins hit Edwards six to eight times
forcefully in the stomach. He said that he
grabbed Edwllrds by the hair nnd sllll11med
his head into the metal bunk severaltirnes.
While Edwards WIIS on his knees. Robbins testified thai he kicked him in the
genitals four to six times, and then
"everybody began hilling and kicking
him."
While lhis first benling took place,
Robbins said thai former Capt. Donald
Abraham stood watching before telling the
guards to' SlOp. Guard Delvecchio, who
Robbins also claimed was present, then
looked to his Sergeant. Owen, who nodded, followed by Delvccchio punching
Edwards in the face.
The whole time Robbins said thlll Edwards was meek and compliant, :lIld was
not resisting or trying 10 a{lack lhc guards.
Afterwards, according to Robbins,
Abraham told the guards to falsify reports
stating that Edwards attacked the guards

position whenevcr an officer came into the
donnitory. "It was a foml of intimidation to
let him know lhal we had complete control
of him," Robbins testified.
Robbin's work partner in the confinel11ent unit. Richard Wilks, used another
fonn of harassmem against Edwards. he
would "ainnail" him his food, throw the
food imo the cell and onto the floor.
claimed Robbins. TIlen he [Wilks!10[d the
inmate to clean up Ihe mess by picking lip
the tray and hitting Edwards with it once •
maybe twice," stated Robbins.
Former Captain Kevin Browing,
showed up later to see Edwards and
slapped him twice, lauming him. according
to Robbins.
On Aug. 21, other prisoners began
banging on their doors to draw the gUllrds
anemion to Edward's confinement cell.
When Robbins and former guard, Pau I
Peck, arrived they saw Edwards pacing in
pools of blood, pouring from slashes in his
ann. '''Let me go! Let me die! Don't call
medical!' he was screaming," Robbins told
the jury. It was detennined that Edwards
had cut his llmlS with a slmrpened idel1lification eard clip.
The guards called Browning and a
nursc, but by thc time they arrived Edwards was laying face down in thc blood
unconsciOLlS. After nurses bandaged. Edward's arms, white he was still handcuffed
behind his back, the guards took him to the
psychiatric ward.
[n the ward, Robbins said. Edwards
was put face down on a mctal bunk.
Browning stood over him and kicked Edwards in the bUllocks, telling him he beller
hoped he died, before Edwards was turned
over and strapped to the bunk by his wrists
and ankles.
That's whcn Browning bcgan tonuring Edwards. pulling hairs from his
cyebrows and thighs with Wilks. who was
M

and had to be cOnlrolled r--------~-------------..,
Thc next day, Edwards was so cowed that
he would gct on his
knees and touch his fore·
Eight years exp~rience with DOC.
head 10 the noor and
Very reasonable rotes.
place his hands behind
his back on command, Work Release, Drug Treatment Transfers
Robbins told lhe jury.
Plus much more.
"You beller bc right,"
Robbins stilled he would For More info, call Mary Cruce Crosby "t
tell Edwnrds. signllting
(850) 668-2599 (no collect calls please)
Edwards to gct into the L.
.J

Work Release Services of Florida

Page ~

also present, delivering blows to Edward's
chest as he arched his back. Robbins said.
Browning follo"''Cd that with several
slaps to Edward's face, then ordered another inmate-an orderly who had
washed the blood off Edwards in the
shower-to hit Edwards, which he did.
twice. Then the inmate orderly looked at
Robbins "like. 'This gU)/S unconscious:
shrugged his shoulders and walked oul,"
Robbins told the jury.
The other two witnessing ex-oOicers
described ho'" they. and the other officers
waged a campaign of abuse against Edwards. Raben Shepard described how he
was told by former Capt. Abraham before
Edwards arri\·ed at CCI. th31 the prisoner
"'auld be beaten ",hen he got there. Former Sgt. Thomas McErlane testified how
he and se\'eral other officers continued to
tonnenl Edwards for the three days before
he 1001.. his own life.
After those witnesses teslified, former
Capt. Donold Abmham lOok the stand in
his own behalf: He testified that he did
nothing to hun Edwards or to cover up his
anack. While Abraham admiued that
force was used. he denied witnessing any
officers beating Edwards as Robbins had
claimed. He said that after Edwards arrhed at CCI. he got a call from the
officers esconing Edwards to confinement
\\ho told him that Edwards was combative
and they had to use force. He said that
\~hen he talked to Edwards later he told
him that nothing had happened. Another
officer, Ronald Filipowicz, who wasn't
charged, lestified thm he wns there when
Edwnrds was first broughl in and he didn't
sec Abmhfllll. Delvecchio or Owen.
A correClional probatl'on officer m
CCI. Danelle Fasanella. testified that she
saw Edwards Ihe day before he died and
she S,)\\ no injuries on him.
Jury members questioned after they
had relumed the nOI guilty verdict said
that there wasn't enough e\'idence to convict. One juror. Dave Rice of Naples. said:
~AlI I wanl 10 sa) is that \Ie decided the
verdict based on the evidence. Irs the onl)
decision \\e could make."
Juror Donna Huffman sllued, "We felt
for Ihese men. They did their jobs under
Wfb r1llf ,\dllrnl:

hllp:J/lllfmbfruol.romirpliVrplp.hlml
E·mlil.\ddrru: rplplIlol.fom
nlrphon~: (401) ~8-02DO

F.P.L.P. VOLUME 5, ISSUE 2

very dire circumstances.~ Some jurors
expressed that they had "rc:servations~
about so",e of the defendants. but thllt
ultimately they did not feel the prosecution
presented enough evidence to convict
them.
Managing Assistant U.S. Attomey
Doug Molloy. who prosC1:uted the case,
showed no emotion when the not guilty
verdicl was read. When asked his feelings
loter. he said the trial accomplished one
thing: It brought lhe allegations of abuse
into the public eye.
"Justice is done when the trulh comes
out." Molloy said. "John Edwards died
after three days at Chnrlolle COITCctional
Institution. These were the men \~ho came
into contact \~ith him. He was bruised,
mangled and beaten. ~ Slated Molloy.
Following the verdict. siaff at CCI
went on a heightened alen for trouble at
the institution. apparently fearing prisoners' reaction to the not guilty verdict. No
trouble resulted, however. According to
Ihe CCI superintendent, Warren Cornell,
everybody was relieved that Ihe trial was
over. He indicated that sOllle other officers
and staff had been vocal about the situation. that some had thought the charged
former officers should ha\'e been convicted while others had hoped they would
be acquiled.
John Edward's mother. Nonna Edwards. commenting by phone from Patriot.
Ohio. after being infomled of the verdict.
said. "I think whut my son must have went
through. Thai'S terrible. I feel like his
dellth was in vain if they're not going to
improve Ihe prison situation."
Prisoners at eCI have stated that
conditions lit the institulion 11lIve actually worsened since the former officers
were acquined. "There's been :I nOlice:lble
change." one prisoner wrote_ "The officers
:lct like they kno\\ they can get away with
anything now."
Another prisoner \\rote FPLP; ~I was
at CCI from 1988 10 1997. Anyone who
has e\ier been there knows \\'hnt goes on.
Nothing will change. At least three of the
(fanner officers I ~\ill pay something for
whllt happened. That will only be II drop in
the bucket. however, to what has been
done to hundreds of prisoners over the
years at CCI."
(Sources: Charlolle S,m Herald 1113/99.
1/16/99: Charlotle Herald Tribune,
1/16'99: Neil'S Press. 119.'99: Readers. Ad-

visors] •

BLI 'D JUSTICE DEATH
by Carl Ridgeway
Denzel Washington is currently working on n project depicling the life of champion
middleweight
boxer
Rubin
"I-Iurricane" Carter who, as some of yOll
know. was exonemted from a life sen/ence
stcmming from n 1967 murder conviction.
Aner nearly two decades in prison. I-Iurricnne. as Bob Dylan's lyrics describe him.
"siuing like Buddha in a ten-foot cell. an
innocent man in a living hell,R was frecd
in 1985.
Hurricane now lives in Toronto.
Canada, and runs the Association in Defense of the Wrongly Convicted. In midNovember 1998. Hurricane mel with 29
other people who like himself havc been
falsely accused. falsely convicted. and
linally exoneraled against all the odds 10
conduct a conference on false convictions
and the death penalty. Several of the 29
others came within hours of execution
before the madness ended.
As highlighted at the lirst National
Conference on Wrongful CO[tvictions and
the Death Penally. helcfat Nonhwcstem
University in Chicago. since Ihe Supreme
Court reinstated capital punishment in
1977. 75 wrongfully convicted people
have been exonerated and freed from
death rows across the country. By early
February of this year Ihere have been 513
executions since the death penalty was
reinstated. ThaI'S one exoneration for every seven executions that have occurred.
With numbers like Ihose, it should be
apparent Ihat the criminal jus[ice s)'stem
is seriously flawed.
Contrariwise. in true-ta-form political
double·talk, politicians like former Illinois
Govemor Jim Edger says dala like thllt
only proves that ~the system \\orks. R1-10\\
ironic it should be then for Edgar to learn
that many of these exonerations had little
or no help from the judicial system.
The judicial system did not free the
Ford I-leighlS Four convicted of two murders in 1978 in 0 Chicago suburb. These
four young men were exonerated in 1996
through the efforts of Professor David
Protess and his Nonhwestem University
joumalism studenlS because Ihey picked
the Ford Heights Four case as a class

Page 7

project And on February 6, 1999, Proftssor Protess, a private investigator and
several journalism students registered another success with the release of Anthony
Poner alier 16 years on Ihe Illinois death
row.
Last fall, Poner, who was convicted of
murdering two people in 1976, and who
onl} has an I.Q. of 51, came within twO
days ofbcing eXe<:utcd and only got a stay
"hen his hm')ers raised questions about
his ability 10 understand what was happening to him. With just a few weeks of
investigation, Protess and his students
discovtred that the main witness againsl
Poner claims that police pressured him to
Ics\ify against Poner. Funher investigation led to another suspect's wife who
implicllted her husband in the lIlurder.
When confronted by a college professor
and his dctennined students, Ihat other
suspect, Alstory Simon, confessed to the
killings on video tape.
ffPoner'sconviction is ovenurned as
expected, he will be the 10th death-row
prisoner in Illinois. and the 76th nationwide, 10 be exonerated since the death
penalty was reinstated. Professor Protess imends to cominue working on
other cases and ....'ants to establish an
"innocence project" at Nonhwestern.
"What we need is a network of innocence
projects across Ihe country," he says.

A System That Only Gets Worse
What lillie of the system II1lIt did work
is fast being eroded through the effons of
pro-punishmcnt politicians. Congress has
defunded the nation's Death Row Resource Centers, which provided appellate lawyers for many prisoners on
dcath rows. Then in 1993, the Supreme
Coun ruled that the discovery of new
evidence Ihat might prove innocence is no
bar to exe<:ulion.
To lOp il all off. President Clinton, \\ho
tried everYlhing in his power to see that
his 0 .... n due process rights ....eren'! being
violated. allowed the gUlling of habeas
corpus by Congress. severely limiting the
ability of death row prisoners' to file
appeals. This occurred with the passage of the Antiterrorsim and Effective
Death Penalty Act of 1996 (AEDPA)
(note the combination, terrorism/death
penalty, as if the two were connected).
Although statistics show thilt on aver-

F.P.L.P. VOLUME 5, ISSUE 2

age ;1 takes 7 years to find the evidence
to exonerate a person,lhe AEDPA contains
a statute of limitations requiring deathsentenced prisoners to file their one appeal
to the federal eouns within one year, or in
certain cases, in only six months. In the
pasl, federal couns have found re\'ersible
constitutional errors in over 40 percent of
the death sentences they have reviewed.
This will cease under the AEDPA. Federal
couns are now prohibited (by a congressional law) from ovenurning a state coun's
death sentence unless the sentence was
"unreasonably" erroneous or contradicts
explicit Supreme Coun rulings, even if
other clear conslilutional violations exists.
MoraloriulII Needed
Few contested death sentence convictions ever receive widespread media notoriety, like Hurricane Caner or Murnia AbuJama[ (a journalist who is silting on death
row in Pennsylvania for allegedly murder~
ing a police officer in 1981, yet who has
thousands of supponers claiming Ihe evidence does not suppon the conviction).
Most of the death·sentenced gel very
lillie allention, judicial or mediawise, like
Willie Enoch of Illinois, convicled of murdering a woman in 1983. Enoch has steadfastly maintained his innocence, and one
day before he was seheduled to be executed
he won a 90 day stay for independent DNA
testing on a key piece of evidence. Independent tesling because prosecutors eonducced
their own DNA tests and then refused to let
outside investigators review their alleged
positive findings.
Upon Enoch's stay in November 1998,
Senator Rick Hendon made a powerful proposal: a moratorium on all executions in
Illinois until all capital convictions could
be tested with DNA analysis where applicable. Senalor Hendon earned quick opposition to his idea and one of his delractors
was Dudley Sharp from the pro-execution
Texas group Justice for All. "When we usc
vaccines, we accept Ihat a cenain number
of people are going to gCt sick and die from
their use. retaliated Sharp.
Vel, Sharp's analogy is sophomoric at
best. When an indi\'idual has need of a
vaccine. usage of the vaccine is administered with prescience of the possible benefits andfor side effecls. Our judicial system
is manned by monals and carries no such
disclaimer as a vaccine does. It is unconR

scionablc thai innoccnt people could be
PUI to death for a crime they did not
commit. II should never be considered
palatable to have an "acceptable level of
wrongful executions" as Sharp suggesls
and other pro-death demagogues suggest.
All Slates .....hich employ capital punishment should consider Ihe moratorium
proposal. After Anlhony Poner was released in early February. bOlh of the major newspapers in Chicago called for a
ban on capital punishment in Illinois until
a review of the entire system can be
conducted. As Bruce Shapiro, columnist
for The NO/ion points out, "Most death
row inmates were convicted before the
new DNA technology was available. or
if there was scientific evidence at all it
was cooked by uncenified, unsupervised
and, sometimes, corrupt stale crime labs,
as investigative repons from West Virginia to Washington Slate have revealed."
[t should be noted that, once again,
due to a celebrity case (OJ. Simpson),
much of Ihis substandard and comlpt
crime lab anaylsis and repons have come
10 media auemion. Surely if one
person's life is spared by such a
(ClNll",wd Oil po~ /1,
rRISO:~ LEGAL :-a:.w~
"l'ab.1J15 lhe IOOSt dttltiJeJ jouma1 \k"tnb·
Ina !he .JC".d~t of priwrt I.,.... 1\ rtiwn
Lej.all\e\.\,," •. !\1liMl H'kro,. DIle<.tOf ('moo
Law I'roj~1 of the N31iillW11A\\).:rs Guill!

III,N is II 24 ('lIge. InUlllhl) raUl//lline,
publi'hctl )illr-l: 1m. editttl b)' WllshilllllOl\

Slute prisoner! Paul Wrigu :11111 nan I'en~
Eaeh I\S\I<.' ih packed with ~Umnwki llrld II11JI·
)'5i5 of rt~nl eOlJJ1 mlinili dr:lllill~ willi pnson
rights, WriUe\l frOUI tl pr!$OIler pctspeeti~e.
.\15(\ indwkd [n ClIeh issUl: Me ~" ar1lel.:3
dealing \\ith prison'rel,lltd slfUllllle lind ,Ie·
lili'1I1 frolll tho: U S and aroond tilt "arid
Annuat subscriptioa Tatl::> lIIfC SIS fllt' pri.>0fICrI. If)'OU e:JII'1 aflOrd tt) :>~"l\d $ 1j JI nn.:c.
~ II lea\1 $1-'0 ;md \\'1: ..... ,11 ~f:l,le )uUr
wbscnptiort $I SI2j per iuue. PltMekMIlo)
less th:1l'l S7.S0 [)tf llon3tiro.. Nt"" (UnlbOJl
US.

posta,,: !um~ may be: tw:J iQ p.l}1I1O'11

fnJ' non·iIlCilrue:ra!ed IItJi~ld\lllh. the
~1lbKripllun f:lt!:
is SlSl}T. tlblitutll)llllli
sl>tlj..ripli~ (lor .>I~~ hbrnrit'i, gt'I'an·
ment 3~1a. l\Of\.govcrnll'lCtltll <>tpniu.
Urortl.

de.) Jfe

S60-)T. Sample CUf'IM are

Il\-J[]lIble lIlT SI. Cont;m;

1'!Uon ~I News
NOONW 8OthSt.Ste 148

ScauleWA9S117

Page 8

NOTABLE.
by SIBri JohnsDn
Retroactive Application of
Parole Regulation Extending
Consideration May Violate
Ex Post Facto Clause
On lanuary 6, 1999, the federnl
Elelenth Circuit Coun of Appeals rclersed
and remanded a Georgia distriet court's
grunt of summar)' judgment for the 5t~"':
p3rnle board holding thai the relJOIICllle
llpplie:ation of parole regulations that coxlended the lime belween parole considerolion hearings wns not violathe of the E.x
Post Facto Clause.
The Elcl'enth Circuit delermined thnl
the regulation at issue gives rise to a significant risk of incrensing Ihc mellSure of
punishment aunehed to prisoners' crimes
that clUInot be said nOI to violatc the Ex I'ost
FllClo Clause..... here the regulation requires
parole eligible prisoners to wait ~ight )'~aB
belween consideration hearings, 15 not hmited to a elm of prisoners for \Ihom the
likelihood of parole release: is quite remote, is not Clll'cfully tailored to inlend only
to further a legitimate end and not 10 increase the quantum of punish and does not
pro\ide for procedural safeguan1s, as noted
lUId appro\ed in Califorma lRp't a/Corne/lOllS v. JfOfTJ/u, 514 U.S. 499 (1995). to
require a full hearing. n:vic:\\ of nil rele\'lI.lIt
facts, and stalement of panicularizcd facts
relating to prisoners' likely future Pllrole
eligibility.
GA prisoner Roben Jones was given a life
sentence in 1972 for murder. In 1992 he was
gi\en MOther life sentence for another murder At the time ofthe second offense. GA
parole regulations pro\ided for initial
ramIe consideration afta 7 )-ears. and e\et)'
three )'ears thereafter. Afier Jones was sen·
teneed, but before his first 7 )'enr considernlion, lhe parole boan! amended its rules to
prol ide parole reeonsidernlion only oncc
elCl)' eighl years. Jones WIlS initially considered for parole in 1989, 7 )eaB after the
1982 comietion, and parole \\llS denied
The board scheduled lone's rcconsidero.tion
for eight )'ears later. In 1991, ho\\eYet. the
F.benth Circuit decided Adkins \I. Snow,
922 F.2d 1558 (lllh Cir. 1991), finding
that the retroacti\'e application of lhe
parole consideration extention of the GA
reguilltions violated the Ex Post Facto
Clause. Jones wns lhen reconsidered for

F.P.L.P. VOLUME 5, ISSUE 2

parole in 3 )'car inten'als, twice.
In 1995 the Supreme Court decided
CalifoITua lNP'1 0/ Cornetlons v. Mornles.
and the GA parole board rt:ld Moroles as
olerruting Adki,u and rescheduled Jones for
parole reconsidero.tion in eight )ears. again.
Jones filed 11 Sec. 1983 llCllon in Ihe district coun, which dismissed the complaint as
frivolous, llrld which was subsequently re\ersed by the Elc\enth Circuit on appeal. On
rcmand from that appeal bolh Jones and Ihe
parole board filed for summar)' judgment,
\\hich the district coun granted to the p:trole
board agn:cing that\foralrs olenumed Adkins.
lones appealed again. lind the EIe\'enth
Circuit found that the summal)' judgment
fOf the parole board lIas eftor, nnd significantly, thnl Morales reinforced the dccision
in AdkIns because the GA regulation lit issue
did nOl meet Ihc requirements as expressly
approvtd in \forales to In'oid falling afoul of
Ihe Ex Post Facto Clause, Sec: Jones v GarlIer,
F,3d
,12 FLW Fed. 082 (I IIh
Cir. 116,99)
INolr: This t i n may han II signlfinnt 1mpilei on It significanl number of Florida
Ilrisoner5 who are lIn role t'liglhle. If c1mllengu are raised. In 1997, following tht'
Marala decision, the FL legislalure
amendrd parole slalulu to provide (or parole reconsideralion hearings 10 be held
e\tf)' 5 ) ears, nther Ihan the (ormer 2
)'urs. for prisoners who ha\'e been con·
vicled of murder, ltllemptt'd n!Urdu, uxual
bauery. altempted sexual ballt'ry, or senlenced to a 25 yur minimum mandatory
unlt'nce. The ameathnent also provitlt't1 for
the ulension o( presumplive parole relusc dales (or 5 )'urs in cerlain
circumSlanCts for Ihe same class o( prison.
ers, Chap, 97-289, l...aws o(Florida, amend·
ing seclions 947.16, 947.174, 9.t7,I 74S. Fla.
Slat (1997). As in Ihe Gt\ regulalion In Ihe
i1bo\'e aOletl case, Ihe 1997 amended FLpArole slatuies do nOl appear 10: be
"cllrt'fully laHored," provide (or II full
(initial or) reeonsideralion hellrlng, give
Ihe parole hoard Ihe lulhorily 10 lailor the
frequency of subsequenl reconsidenlion
hearings of the particular drcumSllnces
or the indi\'idual (ucept for prisoners who
are within 7 )'urs of lentati\e parolt' release date), or only npply 10 a c1l1ss of llris.
oners for whom Ihe likelihood o( rt'least Is
quill' remole, etc.
IwO
Inlt'resllngly, approximllely

weeks bdore the Elevenlh Circuil issued Ihe
above decision, Ihe 1st DCA slate appeal
court upheld Ihe denial 0(1 prisoner's n: post
(acto challenge concerning the 1997 amendmenls, and Ihe parole commission's use o(
SlalUlts and rulu enacted after his crime was
commitled 10 sel his presumpliYe pllrole release date orr nOer his parole was revoked.
That cau is allorney represented and can
probably bt uptcled to go further, See:

Brown

I'.

Fla.

Paro/~

Commission,

_So,2d_,24 FLW 12J117J98).-sjJ

Against Ltni~ne)' for Testimony:
Voices in the Wilderness
In luly 1998. a three judge pancl of the
10lh Circuit Court of Appeals entered a stunning decision lhlll prohibited fcderal proseCUlOrs
from using a witness' ttslimony if there was any
promise of leniency in the witness' 0\\," criminal
case. United StairS \'. Sing/~ton, 144 F.3d 1343
(IOlh Cir. 1998). In less Ihan ten days that
decision was vaeated, lind in January the full
Tenth Circuit Court of Appeals re\'trsed the
luly
1998
deeision relying on the
"Iongstllnding practice of lenienc), fOf testillIony." Uni/l:d S/a/tS v. Singleloll, No. 97-3178.
1999 WL 6469 (1/8199).
The three: judges .... ho hid written the original decision dissented from the majoril)' opinion
thai now allows the fedtllll government to offer
a witness leniency in exchllllge for that witness'
tcstimony. BUllheir voices have been all bUllosl
in the resounding rejection of their July 1998
decision. In more than 40 cnses in over 20
jurisdictions lhal cile the original Singlcton
decision, thirty-eighl have di511greed with it.
Gh'en the gOI'emment's he.av)' reliance on buy.
ing ttslimony in order to secure convictions,
Ihls tesult was sadly prcdiclable.
Whal is nslounding is that two federo.l dis·
tricl courts hn\'e had the couroge and wisdom
to adopt lind apply the reasoning of the
original Singletoll decision. In United Slat~s v.
Lowery, Jr., IS F.Supp.2d 1348 (S.D. Fla.
1998). the coun granted II. defendant's mOlion to
suppress the testimony of three: co-defendllnts
\\ho had entered into plea bargains wilh the:
government.
Applying a plain IlUIguage interpreullion to
18 U.S. Code Section 201(e}(2) that proYides
for a finc or imprisonment to -whoever" offers
anYlhing of value for tcstimony, the I.owery
COUrI, like the original Singfrton coun, decided
the 80vernment fit within the definition of
~whoel'er.- What is good for the goose was

Page 9

good for the gander. The court stated.
-Where a wilness. either for Ihe
!gO\'ernmet1tJ or Ihe defense, knows that a
promiR of leniency or other thing of value
is inextricably intertWined with his testimony, the incentive 10 lie and to curry favor
is lremendous.... [I]ncluding the prosecution
(in prohibiting payment for testimony]
would not work an obvious absurdity, but
.....ould clearly preserve Ihe integrity of the
judicial process."
In Uniled Sttl/es \'. Frag/lefa, No.
Crim.A. 96-0339. 1998 WL 560352 (E.D.
La. 8127/98), District Judge Berrigan entered an order granting the defendant a new
lrial becaUR the testimony ofseveral pivotal
witnesses violated Section 201(cX2). Judge
Benigan rejected the government's argument that it only offered leniency for
"truthful" testimony, noting "il is frankly
difficult to envision a more powerful incentive to shade lestimony a particular way than
avoiding criminal conviction and loss of
freedom."
Although these voices for integrity arc
virtulIlIy lost in the wilderness, Congress
mo.y have heard at least an echo ofjustice on
October 21, 1998, when it enacted 28 U.S.
Code Section 530B, the "Citizens Protection
Act of 1998." Taking effect in April 1999,
Ihe new law will require federal prosecutors
and 0.11 government attorneys 10 follow
Slate rules regarding ethical conduct including prohibilions against communicating with persons "ho have an attomcy.
Praised by the criminal defense bar and
corporate counsel and denounced by the
U.S. Department ofJustice, it remains to be
seen whether this new law will sound even 1I
whisper.
[Reprinted from: Coalilioll for Prisoners'
Righi Nell'sfelter, 2/99}
,

30 DlIY Limit 10 Seek Judlektl Relid Per
5.95.11(8), r.s., Not
Applicable 10 eM Challenge
Whenever a FL prisoner has tried to
claim that sensory depriving solital)' con·
linemen! in what Ihe FDOC calls Close
Management (CM) is punishment, the
FOOC vehemently denies that CM is punishment or intended to be pUI!ishment. In a
recent case, however, the FDOC"conveniently" cillimed thllt CM was punishment and that CM proceedings were
~disciplinary proceedings," Ilnd got a circuit
court to agree, but then realized the consequences of their duplicity and had to back
pedal - fast.

F.P.L.P. VOLUME 5, ISSUE 2

Prisoner Derwin Norris filed a petition Statutes (the habitual offender statute). See
for writ ofhabeas corpus in the 2nd Jud. Cir. Hale v Slate, 630 So.2d 521 (F1a.l993).
Ct. claiming a due process violation in the Approximately twenty-one months later, on
procedure used to assign him to CM status. July 20, 1995. the Florida Supreme Court
announced thP,t its decision in Hale applies
The Florida Depanmenl of Corrections retroactively. See State v. Caffa\lQ)', 658
(FOOe) argued that Norris' claim was So.2d 983 (Fla.l995). Problems arose,
barred as untimely filed pursuant to section however, when the Coffoll'oy Court ex95.11(8), F.S., which requires FL prisoners pressly held that "a Iwo-year window fol·
to file any judicial challenge to prison lowing [the) decision in Half! shall be
disciplinary proceedings within 30 dllys of provided for criminal defendants to chalIinlll exhlltlstion of administrative Ilppellls. lenge the imposition of consecutive habitual
The FDOC Illnintained thai CM was offender sentences for multiple offenses
arising from the slime criminal episode.~
"disciplinary eonfinement~ for the purpose
Id., at 987. The Coffall'a)' Court's decision
of moving for denilll of Norris' petition. The in effect - and BClUally . deprived criminal
circuit court agreed with the FDOC and defendants of their right 10 a full two-yellrs
denied Norris' petition on the stlltute of to file clllilllS for relief from the time thllt the
limitation grounds.
decision in Hole was announced to apply
Norris didn't give up though, he filed for retroactively.
Gregol)' Dixon's case illustrates juS!
certiorari review of the denial in the 1st
a wk il can sometimes be for
how
difficult
DCA, which no doubt surprised the FDOC
!l pro se criminal defendant to obtain warwhen the review was granted. This surprise
ranted relief. In the alternative, Dixon's
was evident when the FDOC immediately case could be lin indication that some
conceded to the DCA that the 30 day Iiling judges, under cenain circumstances, are
limitation did not appl)' in Norris' case, just not too serious about the oath lhey took
since CM was not "disciplinary coniine- to protect an individuals rights. Dixon was
sentenced on April 23, 1991, to two 30 year
ment.~ The FDOC made this confession in a
motion for Ihe DCA 10 relinquish jurisdic- prison teons, enhanced pursuant fO Ihe
tion back to Ihe circuit coun for funher habitual offender statute. The trilll C(lurt
consideration of Norris' petition. The DCA further enhanced Dixon's sentences by ordering them to run consecutively. The overaccepted that as lln admission of error by the all 60 year prison sentence stemmed from
FDOC and QUASHED the lower court's offenses that lIrose during a single criminal
denial of the habeas petition and RE- episode and were prosecuted in a single
MANDED the case: for funher proceedings.
After lhe decision in f1ale was enSee: Norris \' FDOC, 721 So.2d 1235,24
tered. on August 12, 1994, Dixon Iiled a pro
FLW 084 (Fla. 1st DCA 12121198).
se Rule 3.850 motion seeking relief from his
conseculive H.O. sentences. The trilll court
Timeliness of Unauthorized
summarily denied Dixon's motion and the
Consecuth'e Habitual Offender
Third DCA affinned, per curiam <-PC,' ~),
Sentencing Claims
without 1I written opinion. Later, the Third
DCA, attempting to justify its PCA deciFloridR Rule of Criminal Procedure sion, claimed that it assumed "f/nle
3.850 authorizes criminal defendrtrllS to mise would nO! be retroactive." Dixon 1'. Stme,
claims of entitlement to relief based on be- 697 So.2d 966, at 967 (Fla. 3d DCA 1997).
Illted changes in the IRW which invalidates After the decision in Callall'a)' was entered
the constitutionality of their origillltl Dixon liIed a second Rule 3,850 motion
conviclion or sentence. Indeed, the main seeking Hale relief. The trial coun lIgain
pUrpoR of Rule 3.850, coming as it did in denied relief llIId the Third DCA affirmed
response to the United Stales Supreme based on its Iinding that Dixon was -in the
Court's landmark decision et1tered in Gideon position of having raised the Hale issue both
\' lI'oin»'righl, 372 U.S. 335 (1963), WlIS too early and 100 late. ~ Id. Fortunately for
to allow prisoners the opportunity llnd a Dixon, the Third DCA did certify the fol"forum to challenge conviclions affected by lowing question as a matter of gteat public
the chanee of law announced in Gideon. In importance:
Florida, such claims must be raised within
'two years of the date thm a change of 11IW is WllETllER ,IPPELLANT'S RULE 3.850
. hcld to apply retroactively by eilher the
MOTION SEEKING RETROACTWE BENFlorida Supreme Coun or the Uniled States
£FlTOFIMI.E V. STATE, 630 So.2(1 521
Supreme Court.
On October 1'1, 1993, the Florida Supreme (Fla. 1993). SIIOULD BE DEEMED
Coun held thllt the imposition of consecu- TIMEii' FILED WHERE (I) APPELI..ANT
tive sentences for offenses commitled dur- SOUGIlT IIAU;; RELIEF PRIOR TO TilE
ing a single criminal episode arc not autho- ANNOUNCE.\lENT OF CALUlWA I: AND
rized under section 775.084,
Florida RELIEF WAS DEN/ED; AND (1) APPEL-

""'.

Page 10

LANT FII.£D ANOTHER MOnON FOR
FPLP's Notable Cases recently noted an
POsrCONVICTION RELIEF, BASED ON
HALE, WI7"NIN TWO rEARS AJ'TER opinion rendered by lhe First DCA pertaining to Ihe forfeilure of prisoners gain-lime
CAI.LAIl'Al' WAS IINNOUNCED,
for filing frivolous pleadings. The aniele.
entitled ~Frivolous Pleading Tunnel Vision,~
The Florida Supreme Coun granted Ff'LP Vol. '1 Iss. 6, indireclly prnised the
review. rephrased the cenified question. llnd First DCA for doing the right thing and
receded from its holding in Col/away "to the denying the Slatc's request to have Joseph
limited extent that it utilized the Hale deci- Saucer's gain-lime declared forfeited. Saucer
sion as the basis for calculating the two-year had petitioned lhe First DCA for 1I writ of
window in which an eligible defendant habeas corpus seeking II belaled appeal on
could seek /-Iale relicf,~ Although it cer- the basis that he had, 10 no avail, requested
tainly didn't come easy. Dixon did finally his ,morney to take an appeal. The First.
obtnin the relief he was entitled, [n the DCA relinquished jurisdiclion and nppoinled
process, the Florida. Supreme Court held a special master 10 conduct a hearing, "The
that "defendants whose Hale c1nims were special masterr ] ... found lhat, while client
summarily rejected prior to Callaway would and counsel discussed an appelll after a sup'
have had two years after {the] mandate in pression hearing was denied, later Saucer
Callaway to refile their claims." See Dixon
entered a plea wilh the understanding lhal
\'. Stmc. _ So.2d _ . 24 FLW 5671 (Fla. there would be no appellate review: SOllcer
February 4, 1999).
V Stmc, 23 FLW 01972 (Fla. 1st DCA.
[While finding this p:wiculllr cllse inter- 8·17.98). Based on lhe special masler's findesting, 1 couldn't help but wonder about ings, Saucer's petition for belated appeal
the individuals who were in similar sillla- was denied without a wriuen opinion.
lions as DhQ//; but, because the Calfali'(I)' Assuming the position lhat Saucer had
Court expressly held that "a two )'ear 1knowingly or with reckless disregard for the
window following Ilhe] decision in Hale truth brought false information or evidence
shall be pro\'idecl ..," failed 10 timely file before the court. lhe Slale moved for an
their c1l1ims for Hale relief. Declluse it's order forfeiting Saucer's gain.time pur·
only reason:lble 10 believe lhal the 0/11- suanl to seclion 944.28(2)(a), F.~, The
away Courl meanl just whal it said, that Stale's request WIIS initial 1)' denied when the
defendants hnd two years 10 file their
Firsl DCA reluctantly deternlined that "it is
claim from the decision in Hale, I firmly the
role of lhe [FDOC]. nol the court. to
bel1n'e the DL\'oll Court erred by holding order the forfeilurc of gain-lime." Id.
thaI defendants can only benefit from the
The First DCA recently withdrew its
11//11' decision if they filed their claim
initial order denying the State's request to
"within Iwo years of th~ dale Ilhe] man- forfeil Saucer's gain-time and substituled it
dale in Callaway issued on ,\ugust 16, with an order granling the forfeilure. For
1995," DLl::oi" at S69 n-7, Although an whal it's wonh. the Saucer Court did certify
illegal sentence may be challenged al :1Il)' to the Florida Supremc Court, as a matter of
time. two olher exceptions to the Rule greal public importance, the question of
3,850 IWO )'ear limitation period are I) whether section 944.28(2) (Il) actually apnewly discovered facts thai could not plies in criminal and collnteml criminal proha\'e been discO\'ered lhrough the exer- ceedings. But see, Ril'/:ra V. Stml!. 24
cise of due t1l1lgence; anll, 2) a chllnge in FLW 559c (Fla.• 12-10-98) (noting that
the law Ihat hllS bten held 10 apply further filings of issues that should have been
retroacth'e. Allhough Ihe decision in Uule or actually were raised ~on appeal or in prior
was nOI held 10 apply relro:'lCli,'ely until postconvictlon proceedings .... could result
the decision in C//II/11wy was rendered, it in ... sanctions under either section 944,279
seems only reasonable to conclude that or scclion 944.28(2)(a), [F.S.] (1997)."). Sce
the decision in O,/fUII'II)', holding that rhe a/so, Adkins 1'. State. 24 FLW 047 (Fla. 5th,
IWO years 10 bring Uale claims bl'gan DCA, 12-23-98) (warning Adkins lhat ifhe
when the Ill/Ie decision became finlll,
persists in filing new collaleral challenges to
frustraled the right 10 bring Ihe claim his conviclion .... he may lose gain lime llnd
within lWO )'ears from lhe date the risk imposition of other sanctions.-).
change of law was held 10 :lPllly retroac[n his dissenl. Judge Websler found lhal
live in C(l/f(lll'fl)', Because the I\\'O year
seclions 944.279 and 944.28(2) (a), F.S"
pl'riod was certainly frustrated b)' the
which the majority relied upon 10 juslify its
eXllress holding set out in Caflflll'u)'. il gllin.time forfeiture in a criminal proceeding.
seems 10 me thai the onl)' reasonable solll- was "enacted as pans of chapler 96-106,
lion is to I'ro\'ide cligible defendants a
Laws of Florida {and] establishes with relafull two yl'ars to bring Uale c1aims.-bml
tive clnrity lhat its intent was to address only
frivolous or malicious civil litigation by inSlamming The Door
mates." The majority, however, found no
on I'risoners' Aceess
reason Why Ihe gain-time forfeilure cannot
10 Court in Criminal and
apply to criminrtl proceedings. ~ See Sallcer \0,
State. 24 FLW D37b (Fla. 1st DCA. 12-17Collateral Criminal Proceedings

F.P.L.P. VOLUME 5, ISSUE 2

98).
[In m)' ollinion, llny forfeiture ofSaucer's
gain-time that stems from his decision to
in\'oke his conslitutlonal right to access
the courl, see Art, I, § 21, FI:), Consl., is
palenlly unconstitutional. In my opinion,
the Florida Supreme Court would vlolale
Rivera's constitutional right againsl ex
post fllclO laws if it allplied the 1997 IlIws
to sanction Rivera for challenging the
constitutionality of his 1990 criminal conviCllon, Cf. Britt I'. Chiles. 704 So,2d 1046
(Fla.1997) (new Slatute Ihat diSlldvAntnges offl'ndl'r hy allowing DOC 10
lenglhen senlence violaled Ex Post Fncto
Cl:lUse,), In my opinion, the iaw '19S once
c1ellr that any judicially imposed pemtlty
Ihal discourages assenion of l\ constitutional rlghl is in :lIld of ilself unconstilUtional. See Weatherillqtoll I'. Stale, 262
SO,2d 725 (FI:I. 3d DCA 1972), Fillall)'. it
is my opinioll thai the State's coward I)'
,mo\'c to deJlrive S:lUcer of his liberty under seclion 944.28(2) (a) rlllher Ihan seeking a perjury conviclion pursuanl to see·
tion 837.02, F.S., was IlrObllbly due 10 a
fear thai SlIucer might aClually have a
figlHing chance if allowed a Irial b)' jury.
Unfortunalely, my 0llinion doesn'l carry
the force of law.• bm].
•

,
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Page 11

(COIIfmutdjromfNJgt 8)

morarorium, il would be wonh the extra
effon.
Florida Leads Nation in Wrongful
COII\'ictions
As revealed in a recent edition of USA.
TODA I'. Florida has had almost twice the
number of any olher slate in wrongful
death convictions since 1976. Stlllistics
from the Dealh Pennlly Infomlation Cenler based in Washington, DC, shows IIlnl
lhere have becn al leasl 19 proven
wrongful dea", penally conviclions in
Florida since executions were staned
back. The nexl state in proven wrongful
con\'ictions is Illinois, which has had 9
exonerations.
Many in Florida \"ould say thaI 19
exonerations proves that Ihe system
works, while many in political office feel
lhal maybe il works a little 100 good.
Florida, like all death penalty states, is
feeling the economic pinch of the appellaIc costs associllted with delllh row prisoners. To Iheir credit, lawyers from the
Capital Collateral Representatives, a
Slate-funded pool of lawyers who represent indigent death row prisoners in
Florida, have continually aired their concerns about being underfunded and understaffed for Ihe tasks Ihey must try 10
perfonn. Now steps have been taken by
the FL legislature to make CCR even less
effective.
Money. or lack of same, however, is
but one reason for false conviclions. The
one-to-seven mte of death row exonerations 10 executions proves that other areas
of the system arc also at fnull. Those who
hrlve been fonunale enough 10 be exonerated are Ihe lucky ones, il makes you
\\onder jusl how many of Ihe 513 who
\\erc executed were innocent also.
How long will we as a people continue to accept Iha! ii'S okay to murder a
few innocent people as long as we kill the
guill)' ones too? How long will \\e continue to teach our children Ihat killing is
okay. as long as you justify it as -legally"
carried OUI and that Ihe end justifies Ihe
means? •

F.P.L.P. VOLUME 5, ISSUE 2

CAPITAL PUNISHMENT
Capital Representation
in Florida
Further Dispersed
Last year there was a big to-do
when Ihe direclor of the Florida
organizalion Ihnt was set up to
provide legal represenlation to deathsentenced prisoners resigned amid clnims
that the legislature was not providing adequnte funding for the number of such
prisoners needing representation. Thnt
organization is known as Capital
Collateral Represenlatives (CCR).
During the midst of the lunnoil Ihat
was sparked by thai resignation, a coun
case was decided Ihat also held that since
Florida was nOI providing adequale representluion of death-sentenced prisoners.
thaI Florida was nOl entitled to "fasttrack" capital cases under new expedilion
provisions of Ihe Antiterrorism and Effec1996
tive Dealh Penlllty Ac! of
(AEPDA). The AEDPA provides lhat
when stales meet ccnoin requirements in
providing ndequnte representation to
death-senlenced prisoners then a expedited appellole review oflhe case moy be
required. In Hi// \'. BUf(erwonh, 133 F.3d
783 (11th Cir. 1997), however, the
federal appeal coun for Florida found
Ihnt Florida's capital representation did
not meel the requirements necessary to
receive expedited review of capital cases.
The coun issued an injunction prevellling
Florida from fast-trncking capital cnses.
Thai resulted in several changes to rhe
Capilal Collnlernl Represcnlatives program. Where before. Ihe progrnm had
only had one office localed in Tallahassee, by early 1998 it was spill inlo
Ihree regional offices, with one in Soulh
Florida, one in the middle of Florida,
and one remaining in Tallahassee. The
legislature voted to fund these offices,
and new directors were found for each
regionaloffice.
On July 30. 1998, however, anOlher
monkey wrench lVas thrown inlo Ihe entire silualion. Relying on a May 26,
1998, U.S. Supreme Court decision,
thllt death-sentenced prisoners mllY nOl
have a court issue a declarnlory judgmelll
that a state docs not meel the expedited
review procedures of Ihe AEDPA, the

11th Circuit REVERSED and REMANDED irs prior decision in Hill v.
Butlerworth, and direcled that the 10IVer
district court dissolve Ihe injunction
against Florida Ihat had prevented lhem
from using Ihe expedited appellate procedures. Hill \'. Butrenl'onh, II FLW Fed.
CI646 (11th Cir. 1998).
Now Florida is moving again to
greally speed up capital case appeals. On
Seplcmbcr 16. 1998. it was announced
Ihal a new program will be implemented
10 provide legal representation 10 dealhsenlenced prisoners for their appellls. Ciling the CCR money problems, the new
program is allegedly designed to clear up
a backlog of cases Ihat CCR had been
unable to handle. SixI}' private attorneys
from around Ihe state were selected to
represent the appeals of prisoners now on
death row in Florida.
These attomeys, reponedly, will be
mle maximum fee of S64,OOO
paid a
for each death penalty case Ihnl they
handle. The llllomeys willnlso be nlJowed
a maximum of S 15.000 to conducr necessary investigations to represenl the prisoners on the appeals. Few details werc
released to the: public about this new program before its implementation. Few. if
any, delails ",ere released [0 the public
about how Ihe sixty privare anomeys
were selecled; nor whal qualifications
tht)· were required 10 meet before being
allowed to represent one of these prisoners whose very lives hang in rhe balance.
Some death penalty opponenrs in Florida
have claimed that the state is now londing
the dice in its own favor wilh lhis private
anorney program in order to show lhe
public that executions will be sped up.
Unless the private allomeys have reasonable experience in handling capital cases
they will find themselves in a whole new
realm of criminal defense and likely be
unable 10 provide effective or adequate
representation. Anomeys who simply
wish to receive the 579,000 fee, and who
may aClUally be pro-death penalty. will
likely have been selecled for Ihis program. While some of rhese llllomeys
may aClually give up the reSl of their
private praclice to devole the amounl of
time thlll is usually required to appeal
capilal cases, many will not be able, or
willing, to do Ihat. And if the appeal
process. which can be very expensive in

not

Page 12

[kar FPU' I $ub~cribe to 1'1'1.1', and I can't thank you enough for the glem work )'Ou are doing in ~o many areas. One year ago. Itrnnsferred from the Florida
DOC to the Arizona DOC, and FPl.P has been my lifeline for kccping eUllent ",'ith the changes in Florida. The FDOC still controls m)' fate and 111) uillmate
release: dale.
Bums. thanks for publishing the names and mailing address for the members of the FlOlida Corrections Commission. This wcck I wmte lellers 10 each of
lhe eIght commrUlOners asking them to please consider the "middle ground" on the collections issues thnt confront them. I asked them to mamtam a modernte
Viewpoint on maners afrecling me and my fellow prisoners, e~plaining thm many men and women feel gcnuine remorse for their PllSl crimes, We arc working
toward a beller future through our good behavior in prison, and our panicipalion in the al'nilnble programs.
,\Is Bum~, II occurs to me that some of your subscribers would wllte similar leners if)"Ou stressed their Imponancc mnd publi5hed a sample lener for use as:l
model I know man)' anieulnte Inmates who would llSSi51 your eITorts if)'Ou told them exaelly who to .....rite and what to say, regarding a pllllieular issue lhal )ou
are lobb)·ing. Toward thaI end, lIle lhere any leners lhat I could .....rite to asSIst )'Our eITons1 As anieulnte inmales, we nccd )'Our gUldancc in fllldmg a focus for
our conccrns
Lasl .....eek. on the BET cable channel, I wntched a live mterview with PlOfcssor Angela Davis of Ihe University of California al Santa Cruz. You may re~1I
that. in 1969. Plof Davis "'"lIS on ~ FBI's "Ten IIIO$t Wanted LiSl.- She spent sixtttn months in Jail beforc being acquitted of all ehqes. She hllS continued to
",ork for puson reform sinec that time.
I was Impressed by Prof. Davis's calm and rational apploaeh to lhe inequities of the criminal justice syStem. This past weekend she launched a national
campaign for prison refonn, commencing with n confercncclworkshop at UC - 13erkelcy. The conference WllS subtilled "Be)oond The I'rison-lndllSllia\ Comple:<."
Plor. Davis has d«:lared that April 11. 1999 will be a nalional day to 'Visit The PriKlns," I inlend to writc 10 her for more informal ion and I suggest that )"OU
ronlacl her as well Ms. Bums, can )'Ou help me by obtaining a mo~ complete mailing address for her" ThlUlks!
Also, Ms_ Bums. I'd like to tell )"011 a bit about myself, I have been in cuslody since: 1991. I am a former police ollicer (Orlando) who elllned a degree m
Cilminal Justiec from Michigan Stale Uni,·ersity. I hal'e expelieneed the efiminaljuSlice s)'Stem on bolh sides ofthc law.
Ari7.0na's prisons arc \'el)' different from Floridn's, in some wa)'s harsher, in Olher II'a)'s more benign, Their incarceration rate is even higher lh8/1 Florida's,
howC'\o'er the prevailing philosophy is more rehabilitative and less punitive than m Florida. But, like Florida, conditions nrc gClling \IOOISC here 'If)'Ou're Interesled.
I'll kttp )"ou informed of the significant ehlUlges here. 8/ld "'hat efforts lIle being madc to Impro,'e things. Somehow. we prisoners must shake off the Ielharg> of
inllCllon and find appropriate forums for Ihe e.~pression of OUI legitimate needs. ThlUlk )'OU, Ms lJums, for helping us in so many ways Smeerely, PI. Arizona

"'$

I'I'LP' I'm writing Ihis as a cry out of only one man speaking for many, that are sum:ring and enduringlhese hardships and these punishments that Rorida
Stale Prison an: innieting on humans I do challenge }'Ou to prinlthis leller In )'Our publication Since )'011 Slli"e to prifllieal ne\l'S IUld tluths. this is IlS relll as II
geu and scary.I'\·e condensed lhls 115 briefly as pOSSible because of space. But the leaders will gel the point. Flolida State Prison prnctiees stockinglWMehousmg
ofmmates. Fintthingthey do to msure Ihis is to devise rules lhat will make lhe mass' imposSible to obey. So comes the majorilyofinmares receiving dlseiplinBl)
[eporn w be placed m inhumane conditions of confinement. You do all the D.C. time Md they take away gain lime. because of peny D,R.'s and so the inmale
stays longer in prison The lIemment of inmJtes III F,S.P, is the equivalenl of the inhumane ways prisoners in Germany were treated during the NllOI;I Regime allhe
cOllcentrtltion camps. Just 10 namc a fcw installment plans lhey have here is lIS leads· (I) Npn-cducpljon- for all educational programs ha\'e becn deleted from
F S I' so rhe) plomote il1iteraC)',
{21 Poor Medical pmclj£ts-,thcn WllIlen poliCies arc not prtleticed at all The ol'eNhe-counler drugs (such l1S Tylenol, cough mediCine, etc.,) art in the control of
sccunty staff, the same ones who appl)' lhese inhumane conditions, So we may rarely get medieme when lequesled, (3) NPu-rchabjljJaljQO- again their policies are
nOi practiced The~ are NQ programs or advancement grollp sessions, (Z1l.CH) to prcpare inmates a pathway back into sociely. Because prisons and instilutions
bllnSltlle biggest profirs to Ronda and lhe 1cgislmure. And because a [01 of VOtes come from Ihe polilici:ms crime-fighting agenda's. it st8/lds 10 reason \lhy these
\lhrtc-colors ha\'e crealed a le\'olving door 10 these samc ptisons. Their mOllO is "To keep Ihem dumb, uninfonned, and lull of lUlimosit)' against lUling authord)'
To msure rhC)' Will most definitel)' kttp well·stocked warehouses. (4) NQn-tommynicatjon. Herc is where a thin line divides seeuruy IUld eruellUld unusual
pllni,hment. They (l).O.c.) do nofadhen: 10 Fla Stntutes due 10 a separalion of two words;.R.i.llh1i and Privileges. Visitation is a prtvilege, So the)' placc inmales
in waiSl chains and handcuffs and put )'ou behind a partilion separating rou nnd rour 10l'ed ones from contnct. They promote - If )'OU try to communicate with
)our fellow inmates, )'OU lIIe wliuen "trumped-up' D.R.'s fOI fabricaled infractions.
Mall pt'lvlleges are almost obsolete. To gel 8/lY inforntalion out thai goes against the D.O.C. il hllS to be disguised But lhe lillie privileges left m mail
procedures are 510\l'ly deterionrting. (5) ill!..lh2ril:i ~- The authorit)' IS so Intense nl F.S P. that al hmes, there nrc t\l'O Sergeant!; \I'Olking on one lI'ing. They
Wille D.R.'sjust so Iher can brag about itlarer to their huddies, lfan inmate files a grievance on an officer, that offlecr usually retaliates and writes thatmmate so
many D.R.'s he's buried in D.C. confinement. 'l1lis is all I'll e.~posc at this time...
Plezw: prinlthis letler and wake up sociely as 10 Whlll is happening right under thell noses. After all, by a famous prediction long ago, "B} lhe )ear 2000
e,·cry family in lhe U.S,A. \lill feci the eff«ts of prisons. Anon)mous
IlcyGuys,
Glad to learn )'011 are now Non·I'rofit dOlllltlons nre tn:< deductible. Hope 10 make one this )~ar to help the causc(s). Aboutlhe UM deaths. I was al Charlone CI
From ~S9-97~ nnd know from personal experienee how it goes! We need 10 lake advantage oFthe 10 CO.'s Indieled and go on the offensi\'e by creating a elclUing
hoosc I Qut Il:ach \lhere these InCidents (grtlluitous beatings) can be properly documented and get more exposure. One of the reason5 that lhey hal'e gollen '01'11)' OUI
of hand (epidcmie) is thai 1.) DOC is" expert ~ al CO\'tI up 2) Most "\"iclims~ (I~ls) lack Ihe ware-wlth-allto obtain redress. Like Ms. Klcll many are ~laughtll
lesson" for stnnding up for "hat is right in a syslem largely run amok. ~help us lIll by forming n column devoted to S'-" Amendment ( cruel nnd unusual
punishment) issue so we can unify to light this most serious of all issues JUSltry to imaginc If it was Yw or you lovcd onel AA
To Whom It MayConeem,
1hal'e gro\ln vef)'m!erested in your maguines You get greal praises here from all Oflhe ladies at BCI. CM
I

"'"OIIld like to thank )·ou for FPL!' it has been \'Cl)' helpful to me. ltl)' to pass it on

10 olher

inmales as well. I Ihink eNery one of us 111 prison should subscribe to

fAil ItllUS ~ai>Y!dcatltlOI N prlnled NCQlISe ofspaa ~Slr,eflofU. UfUlgtled let/us WIll not M primed or fellers Ihal obl'ioUJf}'flTt nOllmcntkdfor publico_
/1M. Picou intheale in \'Our fellers I I'OU do nOIWOnt II rimcd, olheMI·'Sc. FPLP rescn....s Ihe ri h,IO rlnl 01/ fellers rect:fl'l~d otld 10 edillellers (or fen fh.

F.P.L.P. VOLUME 5, ISSUE 2

Page 13

tile HLP )'ou all do a very good job al keeping us up dated on cvery IlIing1l\1ll is happellUlg. nlBllk you ,'cry much. ,",IW HCI
Dear FPI_P,
There lITe no words to express our appreciation of your efforts to suppan lUld mform Ihe prisoners lUld filmlll' God llIessl IlllZei Roughlon
Dear FPl?,
I have been subscribing ro F/'U' for Ihree l'ears and basically I'vc been salisfied with thc informalion I','c been reading, Howevcr Ihere arc issues I have been
dlnal,slied with FI'l/' co,'erage on and Ihat is close mllllDgcmem and hO\l is applied in lhe Slale of Florida as well as Ihe issue of Police brulality and official
mlS«ll1duetas it is happening and pracllccd al FSP, In Dddition to FPlP Jack ofad"OClIe) fOf a new disciplinlU)' proccedmg to be instituted m the stnle ofFlondll
thai has more mellllingful due process, FPlP should be sending 1I\,'estigall\'e ~paners to FSP to investigale Ihe man)' severe police assaults Ihal an: Cllfncd OUI
againsl inm31es here at FSP. I m)'Self have been a victim of IIIesc many assaults and there D~ numerollS of other cases I know of. Jn the last wetk lhr«: inmates
had 10 be life lligliled flOm FSI' 10 lhc outside hospilal with one inmale dying as a ~sult ofbemg assaulted, You know, as procedure Ihe average inmatc in FSI'
hIlS to be handcuffed before leaving bis cell and III all cases Ihc assaults take place ,.hile Ihe inmalC is handcuffed. There's no way in my wilddt imaginal ion !hal
lhe death of a inmale is ajuSlifiable use of force while he is handcuffed??? 110\1 long must the cum age go on? I guess as long as good people 01 conscious people
refu~ 10 ae\ \l\ the inlerdl of JIIStice. TUllh, and Equnlily, We both kno" Ihal Ilrison ageneln do a "cry poor job of policing Ihemselves. the resulr is almost
always thele's no eVidence to support the inmates anegalions thus Ihe offiCials lnullved go unpunished "llIeh only encourages the behavior direcll)' or indil«:lly.
l)on'l ge ",rang, In·spite of you shorl comings )·ou and ),our organiUlion alC doing far morc IIIlhc inlerest of prisoners pod their families lhan any olher prisoners
adn)Caey group I know of in Florida bul------ )'00 can do morel You hn"e the potential, Ihe means, and Ihe conscious.... The prison s)'S'tem in Florida is vcry
unique in Ihal the officers have absolule aUlhonty, There life no checks and balances in pla«: to counler Ihal absolutc authority, Pri5Ol1ers in Florida III 1999 ha"e
no liaison cOntmllltc unbelievable, incredible.,. Prisoners III Florida's S)'Slenl have no foret or voice III lll/Illers thai eITect their dally li,'cs in the IlriSOn
s)'Stem--Ufers aud long limers panicularl) ... With long prison sentences being handed out like water "hal is the future for Florida prisons in such hoslilc
nlmospherc:? Me FSI'

DelU FPlP,
I'm concerned aboutlhe tall money that is being mishandled by (Dcpanmenl of Corrections) DOC, The bids lhar Me put in for the ne\\' constfuetion afe bid on
by conlractors who bid millions for Ihe labor to build lhesc prisons. and by contractors 'Iho are expcrieneed al Ihe rradcs necded, Well I see lhc raO( paycrs are
again gelling the shall from another Slale agency here in Florida DOC, I'm a prisoner here at Taylor CII have been building prisons for 7 V, yea.rs. rhc people Ihal
are hued 10 build the new buildmg5 llf(: not eomraclors as the bid requires, and aJllhe "millioos" for labor is really a joke. Because inmales an: being forced to
work allradcs ....'C are nOl experienced ai, \I!lieh is dangerous. The inmates do \III the ",Ofk "skilled lrades" ,so "be~ lIfC all the laO( dollllfS. millions, going? Our
famll)"s PD)' for these: things pod I'm tired ofsee,n& rhe needed money go to lhe hands of greed. Til Tel

Dew FI'LP,
I h&\'e cnjoyed FPlP this past year and "ish 10 rencw m)' subscriplion. I ha,'e to admit )'Our ncwsleller CO"CTS a wide seleetion oflopics for anyone looking
for hnef informallon, Whelher II be legislau.'e laws being passed, or up 10 dale court rulings Stale and Fedcrol I'T ECI.
l)ear FPlP,
·l1mnk you for )'our extens,,'e efforts in fighling for the rights of Florida I'risoners, I am impressed \lilh the quality of your ne'I'Slellcr. Each Issue gcts bellcr
and beller. PlellSe mform all Florida prisoners ufa ncw manual on sale for $25.00 lhat hIlS been wriuen 10 usist prisoners In filing mnlare grievMces and wnt of
mandamus petitions In Ihe Florida courts.. I have ptrnlll3l1y Jlurchased a copy llfld Its llfl exccllenl mllfluaJ, for any Florida Inmale \lho hIlS no legal edueDlfon or
msltlullon Jaw derks ro assist 10 the filing of cOlnplaint'~ under F.A.C. 33,291 The manunl is called "I'nsoners' Guide to Ihe Inmate Gnevance I'rocedu~" It eM
be purchased from the Publisher nr Ihe follo"ing address: Sam Reed, P,O. Bo~ 51, Mer~edes, T~. 78570, I recommend nil prisoners oblain a ~opy immedialely,
ASCCI
To Whom It MayConcem:
Enclosed wilh this leller is a ~heck for $5,00 for a )'CDf subs~riplion of )'Our FPlP neM periodical. Which helps me and other brothers ketp up wjth what's
going on with Ihe brothers nnd sislers who nrc incarcemled lhrough OUI Ihe US I proy to God y'all keep up the good wOlk. because nOI only do y'all k«:p us
informed. but y'alliel "llIose" people know thar rhey lilt being wRlChed, Remember ,. Thc Walcher that walches is being watched", l)J
Dear Sir or Ma'am,
I am writing because J wanr 10 stan receiving a SUhsCllphon 10 FPL!' Do lUU knOll how hard it 1$ JuSt to borrow soffiebod) else's just to read It~ Ncar
illlpossiblci l':vel)'one k«ps them and files them away for furlllc refe~nce If! had kllO\ll1 about FJltP sooner, I would certainly bc filillg mine away lIS we speak
I Will recommend Ihis maguine 10 any ofrhe guys just enlerinsthe ~)'stem and to an)' old tuners who do nOlllll(ady know about FPlP, Your magtUmc gi,'es us
• chance 10 keep up with Ilh~r is happening throughOllt DOC, E.'en leuers from fellO\l inmates aboul ho", they are being Ireared al thai particular instllution
Agam, I \luh 10 Ihank )'011 for givmg me Ihe oppanunuy to reccl\'e FPLP MD PCI

Delll' FPlP
I don'r believe in Angels and \)evils, !lUI if there were, )'Ou'd be lhe Angels and Ihe [)eVils \\'Ould use the media to dope lhe masses With mnsshe umeknllng
injeelions of fetl good, tnsly ~andals, anti-alme editorials and a general" spullual" almosphe~ of ignoranec and easeful, allium like primrose DENIAL QUI
cd~cation induslry nel'er leveals to us lhar"e ellch inhabit our own prl\'l1le ghello:utd life·s prime purpose IS to nse up and OUI of II G(lf)' FOlIZ

(AIIIIIIIU Tlcttl'td CD/llfOI!.w prlnlld MCOUJl 01JpaU UJITlciiom. UflJlgllld /tIlUs \11/1110/ M pdmld aT IllleTS llull ObV;OllJlyaTi.' "o/lII/emiedlaT pubflro.
/IfNI. Please Indicalll" 'OUT leiters if 'all do nOI want il 'lnled, olhen,.,:e FPLP ,tsen"s I~,I hI to ,III/ a/l/el/ers received and to ed,tltllers 0' 1M Ih,

F.P.L.P. VOLUME 5, ISSUE 2

Page 14

capital cases, requires more than the alloted
amount the representation may very well
suffer. The state will not have a similar
restriction on the amount of basically unlimited taxpayer monies that it can expend
to fight the appeals. Under this poorly
thought out program, justice will be further
regulated to those who can afford it..

MORATORIUM 2000
In anticipation of the new millennium, Sister Helen Prejean and other notable U.S. abolitionists have fonned an organization called Moratorium 2000 and is·
sued II worldwide call to suspend use of the
death penalty next year.
In II letter to anti-death penalty activists
and organil.ations, Sister Helen said the
group's mission is to reach out, "to friend
and foe alike to convince them to join us in
our efTons to oblain and ensure the full
protection of human rights for all as guaranteed by the Universal Declaration of
Rights."
In the fall of 1999, Moralorium 2000
plans 10 rally at the United Nations in New
York CilY and present the world body Wilh
a truckload of national and intenllltional
petilions and letters supporting an internalional moratorium on execulions. According to SiSler I-Iclen, the organization hopes
to usc the event to obtain passage ofa U.N.
resolution calling for a worldwide moralo·
rium.
Sister Helen, who wrote lhe anti-death
penally book Dead Man Walking, is Moratorium 2000's honorary chair. Its chair is
Michael Radelet, a professor at the University of Florida and co-author of {" Spile of
Innocence, a case study of hundreds of
cases of innocent men and women convicted of capital crimes in the U.S. The
vice-chair is Richard Dieter, execulive
director of the Washington, D.C.-based
Death Penalty Infonnation Center. which
studies and repons on capirol punishmenl in
the U.S.
Magdaleno Rose-Avila, a longtime activisl for economic, social, and criminal
justice who once headed up Amnesty International's U.S. efforts to abolish the death
penalty, serves as Moratorium 2000's executive direclor.
Sister Helen poinls out thaI the U.S.
remains one of the foremost practitioners
of state-sanctioned murder. "Currently, the

F.P.L.P. VOLUME 5, ISSUE 2

Uniled Slates stands isolated with a few
countries such as Iran, Iraq, Nigeria,
and China Ihal refuse to respect human
rights and continue to execute their citizens," she said. She noted the the
American Bar Association recently took
the slep of calling for a moratorium on
all executions in the U.S.
Moratorium 2000 is a non-partisan,
non-denominational effort 10 ensure the
prolection ofhutlllln righls for all.
The organization's mailing address
is: 8306 Mills Drive, Miami FL 33183.
The email addressis:mavila@gte.net.
and the phone number is: 30515967293. Those persons wanting to participate in the petition campaign
should contact Moratorium 2000.
[The above notice was reprinted from
tile January 1999 issue of the Coalition
for Prisoners' Rights Newsletter, a publication of tile Prison Project of Santa
Fe, Inc., P.O. Box 1911, Sanla Fe,
NM 87504-1911. Subscriptions 10 that
newsletter arc free to prisoners, their
families, and ex-prisoners subscribing
for themselves. Subs arc SI2/yr 10
other individuals, lind S25/yr for
government agencies and for-profit institutions. FPLP staff hopes readers will
join in the Moratorium 2000 effort. -cd]

•

AMNESTY
INTERNATIONAL
SEEKS INFORMATION
Amnesty International (A.I.) is
seeking infornlalion for a new report on
human right abuses in the United States.
This repon will cover prisons, jails and
immigration facililies and is intended to
document systemic violations of human
rights. The report will be issued by the
end of 1999 and will include policy
recommendations for governmental
agencies.
A.I. is seeking documentation of
human rights violations and court cases
that relate to such violations (especiaJly
unpublished decisions). A.1. cannot provide litigation research or individual
representation. This infonnation is requested only for the repon. Do not send
A.1. original copies of documents or
other materials which cannot be re-

placed.
Infonnation to be covered in the pan
of the repon related to prisons, jails, and
immigration fncilities includes: verbal/
physical abuse or sexual assaults (by
staff or olher prisoners); use of restraints, electro-shock equipment and
gas/chemical sprays; overcrowding; sexual orientalion/raccl nationality or language discrimination:
treatment of
families/children (including location of facility limiling contact wilh family); confinement of juveniles in adult facilities;
adequacy of health care. Suggestions for
other areas are welcome.
The address 10 send such documentalion to is:
Amnesty International
Attn: AJUSA C. Doyle
322 81h Ave.
New York NY 1000 I •

NEW AI REPORT
Juvenile Abuse Increasing
On November 17. Amnesty Intemational (AI) USA released a new report
concerning the growing numbers of
juveniles who arc being subjected to
physical abuse, excessive incarceration
and delainment in adult facilities in Ihe
Uniled States. Findings of this new rcport
include:
• Thirty-eight states now house juveniles in adult prisons with no special programs or educational services for the
youthful offenders:
• Juveniles in adult facilities are five
times more likely to be sexually assaulted
and twice as likely 10 be beaten or abused
by staff thnn those in juvenile facilities;

"d
•
From 1986 to 1995, the number of
juveniles confined in adult facilities before their cases were heard or following
conviction grew by more lhan 30%.
According 10 William Schulz, execu·
tive director of Al USA, the report should
serve as a warning. "These kids will be
back on the streel one day." Schulz said.
"Nothing is guar31lfced to tum a confused,

Page 15

_._----------------------angl')' teenager into a bincr adult than abusing them \\hen they afC in prison, ignoring
their mental health concerns and housing
them with adults." Schulz also commented
lhal contrary to popular beliefs, the average
juvenile is nOI brought into the justice syslem for a violent offense. Statistics show
that only 22% of those held are accused or
\\(\\,c been convicted of a violent crime.
"The image that wt: have now of huge
numbers oflllurderous juveniles who need
to be laught a harsh lesson is a myth," says

Schulz.
The AI report offers recommendations
that include juveniles only being locked

up as a last reson. periodic inspections
conducted by independent oversight bodies. scparnte housing from adult offenders
::md a moratorium on execUlions of people
\\ ho commit crimes under 18 years old.•

DID YOU KNOW?
The U.S. population is only 13 percem

Black, yet, 49 percent of the prisoners in
stale nnd fedcl1ll prisons last year wtre
African-AmericJns, mostly males. In 1995,
one third of nil Arrican~American men be·
!We.:n the ages of 20 and 29 were under
some type criminal justice supervision. In
1991, the year th31 apartheid ended in
South Africa. the U.S. imprisoned four and
a half times more Black males per capita
Ihan South Africa.

CORRECTION
On

the front

page.

laSt plirasroph.

of

Volume 4, fssue 6, of FPI.P, in fhe llnicle
enlitled 4TAXPAYERS

BURDEN iN-

CREASED BY OLDER PRISONERS,"
il was incorreclly stated that the "85% law"
went inlO effect on Octobtr I. 1996. In fuct,
that law wen! into effecl on October 1.
Th:mk you • 10 those who brought
this error 10 our attention.oed

l22l

whalever they can afford to donate.
Up until that date, current subscribers who still have some issues
remaining on their current subscriplions,
may rp,new and eXlend
those subscriptions for another year
longer at the "old" rates of $5, $ I0
and $25, respectively. Or, new subscribers can still receive a year subscription at the "old" rates - up until
May3lsl.
Any subscriptions or renewals received after May 31st must contain
payment at the new rates. If a subscription or renewal is received after May
31 st that accompanies payment at the
"old" rate, lhe subscription will be
pro-rated, with the subscriber receiving
five (5) issues for a year's subscription
inSlead of the normal six (6) bi-monthly
issues.
New subscription fonns renecting
the new rates will accompany the MayJune issue of FPLP. New, unused U.S.
postage
stamps
will
still
be
accepted for subscriptions after May
31st - in an amount equal to the new
rates.
The Ff'LP stalThas worked hard to
keep this rail,' increase as low as possible so lhat everyone can have access to
this valuable resource. This increase.
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Please consider an additional donation
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SUBSCRIPTION INCREASE
As noted in the last issue, on May 31.
1999, there wilt be a slight increase in the
subscription rates for Ff'Lf'. After that date,
one year subscriptions or renewals will be
S6fyr for prisoners, $ 12/yr for free citizens,
and S30/yr for institutions and businesses.
Low income f,"lmily members or friends of
prisoners may receive a subscription for

F.P.L.P. VOLUME 5: ISSUE 2

ESSENTIAL READING
Several magazines have fe3tured
articles recemly covering the growing
concern over the burgeoning imprisonment binge in the United States and
problems and abuses associated with
same.

The December '98 issue of the AI/all/ic
an article by Eric
Schiosser exanlining ~The Prison Industrial Complex" in America. Schiosser
explores the booming prison business in
the U.S., exposing how groups of bureaucralic, political. and economic special
interests have encouraged increased
spending on imprisonment, regardless of
an actual need. "The lure of big money is
corrupting the nalion's criminal justice
system," Schlosser reports. Thc articlc
is availablc on the AlIa/ltiC MOII/hly
Website at: wwv,theatlantie.com. or: 77
N. Washington SI., Boston MA 02114.
The September '98 issue of Ms. magazine carried a special report on the crisis
and increasing incarceration of \\'omen in
the United States. The report was prepared by Nina Siegal and is entitled "Bad
Girls or Bad Laws: Why are So Many
Woman in Prison?" This report explores
Ihe lillie known filet thai while there arc
many more men in prison than women, Ihe
female prisoner population is growing nt a
faster rate than men, and in large pan for
non-violent, first offense crimes. An interesting and informative expose.
The December 27, '98. issue of /N
THESE TIMES magazine carried twO very
good, faci filled. and informative articles
on lhe injustice of the death penally and
sexual abuse of female prisoners in U.S.
prisons. The first article. by Craig Aaron
is a well written piece emitled "Innocence
on Death Row" covering Ihe first National
Conference on Wrongful Convictions and
the Death Penalty that was held at Northeastcrn University during November '98.
The conference was held to bring allention to the large number of people who
have been sentenced to death in America
and who werc later proven to be innocenl.
Florida has the highest number of death
sentences that have later been found to be
wrong. The USA TODA Y newspaper carried a full page article on this conference
on Nov. 13th. This IN THESE TIMES
article covers the people who Ilrtended the
conference and many of their stories.
The second IN THESE TIMES article
in the Dec. 271h issue is enlitled "RAPE
CAMP USA," by Christopher Cook lind
Chrislian Parcmi. This article explores the
increasing rapes and sexual abuses
being perpeluated 3gainst female prisoners in prisons and jails. The article ciles
Monthly features

Page 16

numerous factual inslances of sex crimes
againsl female prisoners, usually by their
keepers. This article is shocking and shines
a ligJlI on secrels Ihat prisoncrals would
ralher the public never learn. Back issues
of IN THESE TIMES are available for $3.
Address: 2040 N. Milwaukee Ave.,
Chicago
IL
06047;
email:
ilt@inlhesclimes.com;
Website:
www.inlhesetimes.com.•

moc INl\It\TE WELFARE TRUST FUND
1997-98
Merchandise Sales
S33,441.616
Gross ProtitslSales
12,363.373
FDOC Telephone Commissions
................................................ 13,840.084
June 30. "98. Retained in

111'11'

22.709.065

{Source: FDOC Annual Rpl. 1997-98]

MONUMENTS TO FEAR,
GREED AND POLITICAL
COWARDICE
The Prison Industrial Complex
California has the Western industrialized world's biggest prison system 40%
bigger than the Federal Bureau of Prisons
and holds more prisoners than do France.
Great Britain. Germany. the Netherlands.
Singapore, and Japan combined.
The U.S. has approximalely 1.8 million
people behind bars; about 100.000 in federal custody. 1.1 million in Stille custody
lind 600.000 in local jails. We imprison
more people than any other country in the
world - perhaps half a million more than
Communist China. America's prison population has grown so large it is difficult to
comprehend - the equivalent of the
combined populations of Allanta, St. Louis.
Pinsburgh. Des Moines and Miami. ~We
ha\e embarked on a great social experiment.~ says Marc Mauer, author of the
upcoming book, Race 10 Incarcerate. ~No
other society in human hislory has ever
imprisoned as many of its own cilizens for
the purpose of crime control."
The nation's prisons hold 150,000 armed
robbers. 125,000 murderers, and 100,000
sex offenders - enough violent criminals to
popuilltc a medium-sized city such as
Cincinn<lti. Few would dispute the need to
remove these people from society. The
level of violent crime in the U.S., dcspitc

F.P.L.P. VOLUME 5. ISSUE 2

POST CONVICTION RELIEF,
PAROLE, CLEMENCY & PARDON
Call the experienced expelts at the Law Office of
Bernard F. Daley, Jr.
David Collins, Of Counsel, ***and Troy
Browning, our paralegal specializing in clemency,
pardons, and restoration of civil rights.
Contact Bernie Daley, David W. Collins, Attorneys
at law, or Troy Browning, at (850) 224-5823
Web Site Address: www.floridaclemency.com
····'Thc hiring of a lawyer is an important decision that should not he based solely
upon advertisements. Before you dC(;ide. as).. the lav,'Yer 10 send you free information
about his qualifications and experience."
recent declines, still dwarfs thllt in
Weslem Europe. But the proportion of
offenders sent to prison ellch year for
violent crimes acltmlly fell during the
prison boom. In 1980 about half those
elllering slate prison were violent offenders; in 1995 less than a third were
violenl offenders. The enormous increase in America's prisoner populalion
can be explained moslly by the sentences given people who commined
non-violent offenses. Crimes that in
other countries usually lead 10 community service, fines, or drug trealment nor arc they not considered a crime at
all in lhe U.s. leads to a prison tenn,
by far the most expensive fonn of punishment. "No matter whnt lhe question
has been in American criminal justice
over the last generation,~ says
Franklin E. Zimring, Earl Warren
Legal Institute director. "prison has
been the answer."
In 1961, President Dwighl D. Eisenhower used his farewell address to issue
a warning as the U.S. continued its cold
war with the Soviet Union. ~[n Ihe
councils of govemment," he sllid. "we
mUSI guard against the acquisition of
unwarranted innuence whether soughl
or unsought. by the military-induslrilll
complex." Eisenhower had grown concerned about this new threat to democracy during the 1960 campaign. when

fears of a "missle gap" with tile Soviet
Union were whipped up by politicians. lhe
press and defense conlractors hoping for
increased military spending. Eisenhower
kncw no missle gap existcd, and Ihat fear
of one might lead to a costly, unnecessary
response. The polential for the disastrous
risc of misplaced power exists and will
persisl," he warned.
Three decades after the war on crime
began. the U.S. developed a prisonindustrial complex: a set of bureaucratic, political and economic interests
that encourage increased spending on imprisonmcnl - regardless of the aClual
nccd. This complex is not a conspiracy,
guiding the nation's criminal-justice policy behind c1o~ed doors. [t is a confluence
of spccial inlerests that has given U.S.
prison conSlruction a secmingly unstoppable momentum. Irs composed of politicians, both liberal and conservative. who
tlse the fear of crimc 10 gain votes; of
improverished rural areas whcre prisons
became a cornerstone of economic dcvelopmcnt; of privatc companies thai regard
the roughly S35 billion spcnl each year on
corrections no[ as a burden on American
taxpayers but as a lucrative markct: and
of government officials whosc fifcdoms
expanded along with the prisoner populntion. Since 1991. the rale of violent crimc
in thc U.S. felt by about 20%, while ·he
number of people in prison and jail rosc

Page 17

by 50%. The prison boom has its own
inexornble logic. Steven R. Donaiger, a
)'oung anomey who headed the National
Criminal Justice Commission in 1996, ex·
plains the thinking; "If crime is going up,
then we need 10 build more prisons; and if
crime is going down, it's because we built
more prisons - and building even more
prisons will therefore drive crime down
even lo\\er."
The prison-industrial complex's row
material is its prisoners: the poor, homeless, mentally ill, drug dealers, drug
addicts. alcoholics, and wide assonment
of violent sociopaths. AboUi 70% of U.S.
prisoners are illiterate. perhllps 200,000
prisoners suffer from a serious mentlll illness. A generation ago, such people werc
handled primarily by the mental-hcahh, not
lhe criminal justice system. And, white 60%
1080% of tile U.$. prisoner population has
a history ofsubstance abuse, drug treatment
slots in American prisons declined by more
than half since 1993 - available to just one
in len who need them. Among those arrested for violent crimes, the proponion
\\ho are black men has tripled. Although
the prevalence of illegal drug use among
while men is approximately the same as
among blnck men, black men are five times
as likely to be arrested for a drug offense.
As a result. about half the U.S. prisoners
are blllCk. One out of every 14 black men is
now in prison or jail; one OUI of every four
black men is likely to be imprisoned at
some period during his lifetime. The number of women sentenced to a year or more
of prison has grown twelve· fold since
1970. Of lhe 80,000 women now imprisoned, about 70% are non-violent offenders,
:Illd aboul 75% have children.
The prison-industrial complex is not
only 11 set of interest groups and institutions. It lllso is a state of mind. The lure of
big money is cOITUpting the nation's criminal justice system, replacing notions of
public service with a drive for higher
profits. Elected officials' eagerness to
pass "Iough-on-crime" legislation, combined with their unwillingness to disclose
the true costs of these laws, encourage all
sons of financial improprieties.
In lhe realm of psychology a complex is
an oyer-reaction to some perceived lhreat.
Eisenhower no doubt had that meaning in
mind when he urged lhe nation to resist "a
recurring temptation to feel that some spec-

F.P.L.P. VOLUME 5, ISSUE 2

tacular and costly action could become
the miraculous solution to all difficul·
ties."
"The era of governmenl is over,"
said President Bill Clinton in 1996 - an
assenion proved false in al least one
respect.
A
reccm
issue
of
"Conslruction Report," a monthly
newslelter by Correctio,tal Building
News, provides details of the nation's
latest public work: a 3. 100·bed jail in
Harris Co., TX; a SOO·bed mediumsecurity prison in Redgranite, WS; a
130-bed minimum-security facility in
Oakland Co., MI; two 200-bed housing
pods al the Fon Dodge Correctional
Facility in IA; II 350-bed juvenile
correctional facility in Pendleton, IN,
and dozens more. The newsletter includes phone numbers of project managers, so prison-supply companies can
call and make bids. All across the country new cellblocks rise. And every one
of them, every brand new prison, becomes a lasting monumem, concrete
and ringed with deadly razor wire, to
the fear and greed and political cowardice that now pervade American society.

(Excerpted from "The Prison Industrial
Complex" by Eric Schlosser in the Dec.
1998 The At/omie /Ilon/hly.)

[Note; Although the FDOC currently
has approximatcly 6,000 empty prison
beds, in 1998 the IcgislalUTe appropriated S48,080,959 for addilions to two
youthful offender instilutions; adding
secure housing units to five existing
instilUtions; and providing site work for
three new prisons. These projects will
add more than 800 new prison beds in
Florida. The FDOC budget for 1997-98
was SI,736,244,716. The overall cost
per prisoner per day during 1997-98
was S50.S 1. Out of a t01a1 of 22,654
prisoners admitted to the FL system in
1997-98, 60.7% were incarcerated for
non-violent crimes (24.4% of that for
drugs). Over one Ihird of new female
prisoner incarcerations in 1997-98 was
for drugs.·edll

D.O.C.: PUBLIC RECORDS
AND POTATO PEELERS

"Every person has the right to inspect
or copy any public record made or received in connection with the official
business of any public body, officer, or
employee of the state, or person acting on
their behalf, cxcept with respect to records
exempt pursuam to this section or specifically made confidential by Ihis Constitution."l The purpose of this article is to
provide you with some of the basics when
trying to get public records from the Department of Corrections (DOC).
Getting What You Wanl
Figure OUI what you want. Do yOIl
want a specific record, an item within a
record, or a group of records'? DOC ,.
. has the responsibility for lhe supervi·
sory and protective care, cuslody and
control of inmates, buildings, property,
and all olher mailers pertaining to ... "~
adult offenders. Because of this DOC generales many records, including but nol
limited to records concerning prison in·
speclions,) inmate property.~ incidem
reports,' grievances regarding lost property.' incoming legal mail/ sanitation,'
in-prison disciplinary repons,9
special
facilities for Ihe physically disabledcompliance wilh standards,'o visitation
records,lI visitation denials,ll inmates in
special status. II etcetera. I~
Knowing what you wam is imponant
because you will be paying for records, if
you request copies. I
The Fifth District
Coun of Appeals has held thaI indigent
prisoners ". . . arc not entitled to free
records disclosure under Chaplcr 119.
Floridn Stalules, [and] are nol thereby
denied llny constitutional ri~hts [when
charged for public records)." 6 Further.
more, DOC may charge you for searching
for the records, if "such ... require (sl
extensive use of technology resources or
clerical or supervisory assistance.,,17 This
rule was upheld by the Firsl District Coun
of Appeals when the Court interpreled § I
19.07(1)(b), Fla. Stat, which provides for
addilional charges when "the nature or
volume of public records requested 10 be
inspected, examined, or copied ... is such
as to require extensive use of information
technology resources or extensive clerical
or supervisory assistance by personnel of
the agency involved .. ,,11
Ask for whnl you want. Requests for
public records may be made to Ihe main

Page 18

office in Tallahassee or 10 any office of
DOC where such records are kepi. However,lo be safe you may want 10 make your
request 10 the Secretary of the Department
of Contt\\ons to protect yourself because
Ihal person is "charged with the [overall]
responsibilityofmainlaining the office having public records."::O Although nOI required by the Public Records Act, pUI your
request in \~riling and maimain a copy of il
for (ulUrc reference.: l DOC may insist Ihal
requests for some records be put in writ.
!l
mg.
Fla. Admin. Code R. 33-6.006(4) sets
out the process 10 be used by inmates desiring "infonmllion."u Firsl, a wriucn request
is made to the inmate's classification specialist (CS) or officer-in-charge (OIC). Second, "[lIf the request meets the requirements specified in §945.1O(3), Ihe request
sholl be approved without funher review... ~· If the request includes exceptional
circumstances, the CSs or OIC ".. shall
make a recommendation to the c1l1ssificalion supervisor or superintendent of communit}' facilities \\ho shall be the final authorilY for approval or disapproval of re':'
quests 1
Irom
mmales... " ~
To gain access to your health records
requires a wrillen requesl to the health information specinlist/supervisor. 1• The process follows along Ihe same lines set out in
Fla. Admin. Code R. 33-6.006(4). If Ihe
request includes exceptional circumstances,
Ihen lhe health information specialislfsupervisor shnll review the request and mllkc n
recommendlltion to !he chiefhcallh officer,
who will make a final deeision.:T Information regarding inmate participation in drug
abuse prevention or treatment functions
shall be confidential, however, with inmate
permission and by following Ihe requirements in Fill. Admin. Code R. 336.006( II), an outside party may gllin access
10 Ihe malerial.:'J
In your requCSI include Ihe following:
MPlease Slllle lhe basis of any and all exemption(s) \\hich )'ou comend is (/are] applicable 10 Ihe record(s) requested. including Ihe statulory cilation 10 an exemption
creattd or afforded by statute. lind Slate in
writing and with panicularity the reasons
for the conclusion lhat the recordls) is exempl.~ This puts the burden of claiming
and proving up any exemptions on DOC.
Funher, you should include: "Please do not
alter. destroy, conceal, or transfer posses-

I'

F.P.L.P. VOLUME 5. ISSUE 2

sian of the records requested." This pUiS
DOC on nOl"ice thaI the material should
be safeguarded. By sending a copy of
the above to DOC allomeys you may
trigger Ihe Rules of Professional CondUCI that prohibil a lawyer from obstructing another pany's access 10 evi1lI
dence.
Potential Roadblocks
After you make your request severnl things may hllppen. First, you may
get the records you requested. Second,
DOC may not respond to your request.
111is may be due to the fact that the
agency did not receive your request. If
you can verify lhal the request was received, you may illlelllpt legal proceedings, see below.
Third, DOC may refuse to tum
over any records. However, there is "..
. no rational basis for totally denying
inmates access to information in the
files of .. [DOC] ... While there are
legilimate securilY concerns as to some
information found in Departmental
files, such as maintaining security and
protecting the identity of prison informants, such concerns can be met without a blanket denial of access. MJI Here
a mandamus action mllY be appropriate,
see below.
Fourth, DOC rna)' claim thllt the
records requested lire exempt. In lhe
event an exemption is claimed, review
lhe claimed cxcmplion to cheek OUI
whc!lIcr it may Imve been validly
claimed. All public records mllY be
inspected unless there is a specific Stlltutory cxemption.': These exemptions
mllst be nllITowly applied and limited to
their stated purpose.)) DOC will benr
the burden of proving that Ihe records
should not be released. J.I Ultimlltely a
judge may ha\'e to do an inspection
privately in chambers. This is known as
11/1 in camera inspection. If there is any
doubt as to whether an exemption was
properly claimed. release or disclosure
is the proper result. l \ If DOC holds information regarding. the case Ihal resulted in your incarcerntion and it would
benefit you. then you 11IIve a right to thllt
information. The Florida Supreme
Coun held Ihat public records shall be
disclosed if they conlain material that is

exculpatory." "(TJhe Stale must still disclose any exculpatory document within its
possession or to which it has access, even
if such document is nOI subject 10 the
public records law.11
I hllve been informed Ihat DOC frequently c1l1ims exemptions, \\hen inmates
make records requcsts. under §§ 945.10
and 945.25, Fla. Stat. and Fill. Admin.
Code R. 33_6.oo6.Jl
§ 945.25 relates 10 those records gen·
crated lind maintllined "on every person
who may become subject to parole. Ml~
Based upon the discretion of DOC, these
records may include information relaring
to the crime charged, psychiatric history,
atlorney nallles, etc.'O The records shall
include .. a copy of rite seriousness-ofoffense . . . favorable-parole-outcome
scores [and] II listing of the specific factors and information used in esrablishing a
presumptive parole release dllte for the
inmate. ,,~I The Third District Coun of
Appeal held that these records are for the
confidential usc and consideration bv Ihe
coun and (are) not a public docume~t. ,,'1
The Office of the Attorney General has
opined that the Florida Parole and Probation Commission has the right to promulgate rules to exempt information from
being disclosed under the Public Records
l
Act"
§ 945.10 is an allempt to create a
public records exemption tidal wave. Information and records relating to the following areas are liSICd as exempt: mental
health, medical, substance abuse, presentence investiglltions, federal witness protection program, Parole Commission
records, information which released
would jeopardile a person's safety. information conceming a victim's statemem,
Ihe identity of an executioner. or records
that are otherwise confidential or exempt." The statute then lists a variety or
methods to gain access to these records:'
However, most of these methods are re·
Slricted to 11Iw enforcement or prison
agencies. A public defender representing a
defendllnl may gain access [0 "[pJreplea.
pretrial intervention, presentence or postsenlenee investigative records:-'6 Iflhis is
the infommtion, that you desire, you might
consider contacting your trial allomey to
gain a copy of these materials. The Florida
Rules of Criminal Procedure require a
judge to disclose all factual material to the

Page 19

H

panies. "A person conducting legitimate
research" may also request this information,
bUT the material released remains confidenfinland exempt frolll public records disclosure when held by the receiving person or
entity. ,,_I
The hammer of 9-15.1 0, with regard to
an inmate or offender making a records
request, falls under subsection 3, which
states in pertinent part:
Due to substantial concems regarding institutional security and unreasonable nnd excessive demands on personnel and resources ifan inmate or olTender has unlimited or roUline access to records of the
Depanment of Corrections, an inmate or an
offender who is under Ihe jurisdiction of the
department may nOl Imve unrestricted access to the department's records or to information contained in the department's
records. Howe\er, except as to another
inmate's or olTender's records, the department may pemlit limited access to its
records if an inmate or an offender makes a
written request for infonlHllion contained in
the department's records and the infonmttion is otherwise unavailable"~ Confusing?
Yes. The crux of the first sentence conveys
the message that inmates have too much
free time to make too many records requeSIS on an overburdened, understllffed,
under budgeted DOC. The second sentence
grants DOC the discretion to make limited
exceptions for an inmate's records request
upon a showing of exceptional circulllstances.)(I
"Exceptional circumstances include.
but are not limited to... "SI requests for
material relating to: conflicts between commitment papers and court documents, I.
work perfonnance records for prospective
• rc Iease, ~..
.
emp Ioyment aller
vlCtllll restItution thm has been paid,loO Internal Revenue
Service claims,u Social Security applicatiOllS,~ claims with the Department of Labor and Employment Security,S1 applications or claims with olher state or federal
tlgencics,llthe curren! IIddress of a relativc
whose address is in DOC records, S9 or ".
other similar circumstances that do not prc·
scm a threat to the securitv order or rehabilitative objectives grlhe correctional svstelll
or to anv person's safetv."oo
Note that the two sections underlined,
in the paragraph above, are complementary.
The first section is Ihe broader constmct

F.P.L.P. VOLUME 5, ISSUE 2

with which to' build your argument to
gain access to the mllterial that you
requested and should always be included in thc event your request does
lIot fall within one of the specific exceptional circumstances. That the exceptional circumstances upon which
records may be released is 1I0tlimited to
those areas in the statute is good. You
lire only limited by your imaginntion
lind good arguments as to what would
confonn to this standard. However, the
second underlined section, in the paragraph abme, goes to core mission of
DOC and is therefore imponant. You
should make sure that your arguments
do not conflict with the factors in the
second section underlined above as no
court would likely issue a ruling that
could be construed as presenting a
threat to the security, order or rehabilitative objectives of the system or any
person's safety. Notwithstanding, ".
!seeurity] concerns CBn be met without
a blanket denial of Bccess. ,,61
Section 945.10 previously included
tOlal prohibitions on inmille access to
62
DOC records and information. But
sections of the statute were declared
unconstitutional in Dia; v. Florida
Dept. of Corrections.'s The statute has
been rewritten so llS to allow inmate
access to records as noted above. The
Dim: case still has good language that
should be included in your arguments.
The Court reasoned that there was" .. no
rational basis for totally denying inmates access to infomllltion in the files
of the Department of Corrections... ,,1\o‫ס‬i
Further, when challenging a records request denial review whether the denial
is based solely upon your status as an
inmate. The Court in Dia; held that
"[l]here is no logical basis for [al classification [of levels of deniall where the
information in the hands of the press
and the public is deemed harmless to
legitimate concerns of the Department
[of Corrections} but the same infomllltion in the hands ofinl1llltes is presullled
hamlfu1. ,,6S
Fla. Admin. Code R. 33-6.006 is
the DOC rule regarding confidential
records and inmate access to records.
The mle begins by pointing back to §
945.10, which is discussed above. The
following records or information arc

confidential or will be released only as the
rule permits: medical records, mental
health records, etcetems and then the mle
begins to parrot § 945.10, Fla. Stat. If the
use of this rule is more restrictive than the
enabling statute, here § 945.10, Fla. Stat.,
then the rille is an invalid exercise of
delegmcd legislative authority.'" However.
merely repeating the language of Ihe enabling law, is not an invalid exercise of
delegatcd legislative authority 67
Navigating Roadblocks
If you made your request and did not
receive a satisFactory response, what options remain? You have severnl oplions
including: further letters, administrative
review, mediation, mllndamus, or a lawsuit. If you received no rcsponse or a
confused response, yOll may send another
leller with a copy of your original request.
You may indicate, in a leller,to the person
responding to your request that he or she
misapplied the Ill\\' with regard to exemptions. You may use an administrative appeal through DOC. You may enter into the
Allorney General's public rccords media61
tion program.
You may also pursue litigation in the
couns by filing a complaint (a lawsuit) or
by filing a petition for a writ of mandamus. Regardless of whether you take
the mandamus or complaint route you
rnusltake care to follow the Florida Rules
of Civil Procedure. Several preliminary
steps are necessary. First. the service of
process (delivery of the [Iction) is handled
by the local sheriff or a designated process
server. IJ4 The summons is an "[i]nstmment
used to commence a civil action .. ~and is
a means of acquiring jurisdiction over a
pany .. "it directs the sheriff or other
proper orncer 10 notify the person named
that an action hlls been commenced
against him/her in the court from where
7Q
the process issues. The summons fonn is
located in the forms for use with the
71
Floridll Rules of Civil Procedure. Second, a cover sheet is used and it indicates
the panics, the altomeys, the action's classification, and other mailers is also
needed. The foml to be uscd is located in
the fomls for use with the Florida Rules of
Civil Procedure.'~ Third, the actual compillint or pelition is needed. Finally, when
the case is finished a final disposition
71
fonn mllst be filed OUt.

Page 20

A writ of mllndamus is an order from a
court that commands the performance of
some ministerial act by a public official." A
petition for a writ of mandamus is an approved method of seeking disclosure of
7S
public records in the State of Florida. The
essence of a mandamus action is that you
arc trying to gCI a coun to order some
govemment officinl to do thaI which he or
she is supposed to do automatically. Wrils
of mandamus lire covered by the Florida
16
Rules of Civil Procedurc. Make sure to
follow all of the rules. In your pctition you
must include the facts upon which you are
seeking relief (a public records request was
made to DOC and no response was received), a request for the reliefsoughl (you
want lhe public records requesled), and an!,
legal argument with citations ofaUlhority. 1
If you present II prima fllcie case. the court
may order DOC to show cause why the
order should not be granted. n I f the response is not sufficient, the court may order
DOC to tum over Ihe records.
Alternatively, you may file a complaint
(lawsuit) regarding the response and production of records relating 10 your requesl.
Make sure to follow all of the dictates in the
Florida Rules of Civil Procedure including
process service,79 claims for relief.wand the
fonns for use with the rules of civil procedure." A complaint must conlain the following:
I.)
the claim for relief must include~.
. . a shon and plain statement of the
grounds upon which the coun's jurisdictions depends ....·:
2.)
" ... a shon and plain statcment of
the ultimate facts showing thai the pleader
1l
is entitled to relief.
3.)
"... a demand for judgmenl for
the relief to which the plcader (or plaintiff
(you» deems himself or herself entitled. " U
By filing a lawsuit you gain Ihe ability
to use the lools of discovery." These tools
include depositions,kl inlerrogatories or
wriUen questions," and requests for the proJI
duction of documents and Ihings. By pursuing a lawsuil you opcn yourself up 10 the
use of Ihese tools on you too.·~ Beclluse the
headquarters of DOC are located in Tallahassee, they typically succeed in demanding thlll lhese lawsuits be filed in Leon
CounlY·
Conclusion
A book has been wriuen thai more

F.P.L.P. VOLUME 5, ISSUE 2

thoroughly discusses aspects of public
in
Florida.
The
record
laws
Governmelll-ill-lhe-SItI/Shine-Mallllal is
prepared by the Office of the Attorney
General and published by the Firsl
90
Amendment FoundRtion. The book is
updated each year and is promotcd as
"A reference for compliance with
Florida's public records and open mect.mgs Iaws. "
This anicle provides the basics of
how to get public records from DOC.
Gelling what you want mllY be difficult,
but wilh determination, thought, and the
right research you should be able 10 gel
the records you want. DOC is a large
bureaucracy and maintains probably
what amounts to millions of pages of
records. Some of Ihe record keeping is
shoddy at best. I reviewed some records
that were kept in tunnels under the
Florida State Prison in Starke. Because
[ wanted to ensure thaI I did nOl miss
anything I went through each page in
ench file in a box thm I was searching. I
was reviewing one file regarding the
purchase of an aUlomatic potato peeler,
and I ron across documents relating to
one of my death row clients... in a file
about a potato peeler.

Il.
14

IS.
16.

17.

"

19

1O.
1I

in wrillng.

11

Biography of Peter N. Mills
I am all Assisralll Public Defender with Ihe Office of Ihe Public
Defellder for Ihe 10th Judicial Circuit. f
am curren/I)' assigne(J 10 Ihe fe/all)' Irial
unit. Prior 10 my Il'ork in Bartow I was
all Assislam CCR willr lire Office ofrlre
Capif(ll Co//aleral Representalive. CCR
is a stale agency Ihm handles most of
the poslconviclioll cases ofIhe /IIell and
women all Florida'.f dealh fOil'. II grem
deal oflhe work 01 CCR involved litigalion over public records.

Notes

5

Art J. § 24(a).I'la Conn
~ 945 OlS( I). t'l. Sm.
§ 944 32. Fla 5Lill,
Fla Admin Cod~ R n-3 0025 and §
'J.l4 516. 1-1. Sill
Fb.Admln CodeR 33·30066(UI~of

6
7
8
9
10
II
12

1-13. Admin
1-1•. Admin
Fla. Admin
Fla. Admin
Fla Admin
Ra Admin
Ra Adm'n

I
2
3
4

l3

l3.

26.

27.
28.

".30

F~J
Cod~ R 33-29.010
Code R. 33-) 005(15Xa)
Code R JJ-8.012.
Cod~ R. 3)·22011(2Xe)
Cod~ R. 33·18 017
Cod~ R 33.500)
Code R 3)-5007

Fl. Admin Code R n·5 QO.l
The DOC prooute$ numelous fDlms for
usc '" doeumenuIIg III ,;ka!mp mlh of·
fendcrl and the publIC and "1\1eh 1I:t, e
been eodlfied under rul~ 1'1- JJ-J 00275
(Propcny forms): ))-) 0065(4) (Unllal~'SI~
Tesuntl Chain off.~ldellce rorms). 333.(l065(5Xg) (Ur;nal)"'5 TCSllnt: re<:nrdl).
JJ.) 0066(5) (Usc ofFo'ce f,.,nn). ))).OO66(t 5) (Mediul fOllnl f01l0"'lIg Use
of Force); 33-).0081(tO)(d)
(Admlmstrall\'e ConfillClllC1\llunns). )3) OOa2( II) (ProleclIve Mlll1.IIgetnenl
forms). )).) 0085(4Xa) (5pte,al Managemenl Meal fonn). ))·)018()) (SpeCl~1
Wllhdrawal fQrm). n.22.0117
(DiSClpHn~f)'Ael;on fmm,). 3)·29 01 H
(Glievanee forms): and J).J& 012 (Close
M~nagemenl rl:COfds and fomu) Other
fOlllU and recollb life found throoghOUI
CN-pler )). Fla. Admin Code
ROf'sch O' SiOlt, 63) So 2d I (Fll, 199))
£Iam 0'. SIGle. 689 So 2d 12J2 (FI3. Slh
DCA 1997).
§ 119 01{1 )(b). Fill. S181.
Fin flUl. I.tgol &r. 1m: O' Ff>OC, 579
So 2d 267 (FIll. lSI DCA 1991)
§11907{I)(al.Fl! 5131 (1995)
§11902I,R.. SllIl.(1995)
NOlhlng In ChaplCl 119 of the Flonda
Slalules requlrCS Ihal a 'equCSI be made In
,,"unll and a person m~k'"llll requcsl can·
nOI be required 10 prQvide Wrlllcn doeumenlJlion of a rcqllCSl Solll''On 1'. Cll)' of
New Pori Rieht)·. No 86-1 I29CA (Fla. 6th
CII CI May 22,1987), affirmtd. 529 So
2d 1124 (Fl•. 2d DCA 1988) 1l0""C\'er. as
noted l\ertln Fla. Admin. Code R ))-6006
ro:quln:$ InmalCS 10 make: rcc:ords ro:queslS

"

9~5 100t). ~'a SIal tl seq and R~
Admin Code R. 33-6006
Sft Fla. Admin Code R 33-6006(4) genemily for ro:quesl proecdur~
I'ta Admlll Code R JJ-6 006(~Xemphasl$
added).
Fla Admin. Code R. 33-6 006(~Xe:mpha515
added).
Sit FIll. Mmin Code R 33-6006(6)(a)
geneflltly for Informal Ion regarding IlCCeS.5
10 medleal records. The rule rcqUI/CS a
spc:elal DOC releasc fOf an OllUMle ~rty 10
pin acc:c:ss HOW'C"CI, Ihe usc:: ofllle relene:
(for1ll [)C4-71 lB) ml)' be defeale:d by lhe:
rulcs of discovery in 0 e,vll I)r criminal
ClSe. The form IS aO'/IIJ3ble from Ihe Olliee
Qflkallh Sen'ices. 2601 Bla" SlOne Road.
Tallahassee:. FL 32)99·2500
Fla Admin Code R. ))-6 006(6)(a).
Form[)C4.71IHmUSlagambeullltud.
St, § 119 07(2Xa), FJ3 511ll (1995).
Stc R. Regulaling Fla. Bnr 4·3,4 "hieh
ltnlcs III pertinenl pan "" lawyer shall
mol'
(a) unlawfully ObSllUCI anolher
party's accC$.$ 10 "'idence or olherwise
unlawfullr alIa. destroy, 01 conceal a
dOCUmenl or olher malerial thaI Ihe
lBW)l:f know~ or ICasonably sllould know
is relevanl 10 a pending or a reasonably
r<lfCs«~blc proc~~d'"R. !\Of CQIlllS<'l 0.- IUliI
llIlOlh~rl""SOlllo do any we:h ",,Ilw: ~. 1'70",10 lXl't 01 (''''"tllt''u. 519 So
2d 41 (Ib 151 PCA 19U). "1""1: "t- T~m<r

Su §

Page 21

n.

v SajI~Y. 101 SCI 22S4 (\9&7), and dlOng
Flo"do IfUl!lullonai bgat S..,..,u.., Inc• •,
F/tlndD!Jq>' o/CtHrfflIl'm. 50 fla. Supp. 91

6$.
66

(Fia 2d ell. Ct 1910)

61

Wall

Tnhllllc

C"",pIJ1!),., CatlMlIQ,

1M.

HS So 2<1516

Mu.hI..."" ,. /)I,1f¥t., 623 So 2d 480 (Fta
1993). Wall"" ,. /)I,ggtr, 621 So 2d US7 CF4·
1993): MrnJ}k.' Sml., '92 So 2d 1016 (1992);
linj,'fr •. o..~r. j76 So 1d 6% (Fla. 1991)
W"llM, 621 So 2d Al 136() (c;li"ll 1lrtJ</y ",
313 U,S 83 (l96J»).
C~nce from MI Bobby Po$cy, F..dltor,
Flo"da Pm"" fAgal P."p<'C"".a,
d

MOf}~IJf"J.

,«""...

NO\unbn 30,1998
f 94S1S(1~ f1I Sial

f 94' 1$(1 )(1), Fl•. 5111 . f/ uq
f 945 2'(4), Fl. 5111

<t.

1912)

•

Op. AllY. Gm .074·H7. Au&- 9,1914
f~'.IO(II.Fl. 51.1
194$.10(2). Fla SIll.
II 94S.10(2Xd) and 91$ 10(1)(10). flo Sill.
Fl~. R. Com. P.l.1U 1l0",~wr.lhi, r~l~ awl;~.
to tile trill ,oun Ind nc)l DOC. ~r Smgl<lary Y.
....'I!r. 7D7 So 2d 340 (Fl•. 2d OCA 1997).
Acld'liOllll! issua lbout Ib< rda$<" or PSI
III e~t ~pnl'fII fonfidtntial inr<>mllltlll<L ~e
Gatdnn •. FlomJa, 97 S Cl 1197.430 U S 349
(1977). FU"I:""e " Sime. 391 So, 211336 (FlI.
4th DCA 1980). ClUUlll1J;lwm ", StOle. )49 So 2d
702 (F\I. 4th DCA 1977). em. ,I,,"'et! J62 So. 1d
IOS2. /ztIitr p Smlf!r. J4B So 2d 1119 (FlI 4,h
DCA 1977). B1Q'ISIIrI • SiDle. 34S So 2d In
(flo 2d DCA 1977),
1945 10(2Xll. Fl~. Stl1.
t 945 10(). Fla, St.t
Th" doe. nol irn:l>lde r~ll\1linll ~ req,,"st rQ< an·
O!hc' iNnIle·. rocordJ n.:.l" 10 loIy.one Lnm>le·.
rtwrd.
~pnhnllllOlhn ,nmale may IlOl
bo twfillod A l;I.iC mip.l bo made 10 tldea! ,h,.
"'hon ,oruiikrm, Ihe hu;;lhnl or d'Klphrwy
rcpons (DR) One ,nm~te'l DR ""th ,he lime Q<
sllml~r ci",umltan'es to anothe' ,nmate ""h a
DR m~y
bo~n handled d,ITelemly You
would
an ....t.. nl ,n proporrlOllllllly. ,f an~ IMUlC IC'ttl''C'Il more fa'1Inlbk t~_ ,n

~.

".

nwm-

".

""

Edition

.".....

'"

N Y.S.2d 217. 289.

e,..
R e,..

f\a R

F~d

R

72.
Flo
I' Form 1.997
CO''CT Shtcl
13,
Fill R e", I' Foom 1.998

(1991)

"

S1"'''''~.

McMdll11l. S97 So. 2d 940(FIII
hI DCA). "" de",ffl, 605 So 2d 1266

(f4.
1992). M,II, • /)oJle 407 So 1d 348 (Fla.
41h DCA 1981)

""
"".
".
""
""
80

~

...

81.

Fla. R
Flo. R.
Flo R
f1a R
fla. R.
fla. R.

e,v P 1 6JO
e,y I' 1.610(b)
e,v I' 1 6lO(d).

Civ P 1 010
ety P 1 II00b).
Ciy 1'. form, 1.901. c1 seq
~'a. R. etV, I'
~'a R
I' 1 I 1O(b)(2).
Fla. R e,v P 1.l1O(bX3)
Sec ...... mlyfl. R C1Y.Pl210.c1Kq
Fla. R. C" P I 310 snd 1320,
fla R C.. !' 1.340
Fla. R Ct,· " I 3SO Ind 1.3S I

e"

F1~Re,vPlnO

"

The F'nl AmcndmrnI fOllllC!llhOllIS lowed
., 3M E.. Colle~ A'".• SUlle 300. TaJlahas·

9/.

The Oo'''mn\Cnt.",.. thc·Sun,llIM·Manllll.

=.FLl2]OI
VoILlme20.(1998 EdUlon) ,

By William Vlln Poyek

1 94$.10()Xa), ~'a. St~l.

R

,.

IJ
/d

This S>lb p:ll1.pecil\~ltly JlJl~' tblllh~ add,ess il
in 1XlC. f«OfllJ Illll. "
II,. ,d~ti,,, hu IlOl
,ndICale" • des"c IlOl to be eonlKted by lhe
IMIIIc Of off<tdcr.- 19H to(3)(.). FI.& SIll
(cmphaJls added) n", docs IlOl mean thaI the
,clatwe is mlnllcd 10 ,ndl.lt, a dcll1C 10 be

contaeted. The "'b puts eX(1l'lpliOll i. U1ggcted
"h~n Ih~ lel>II"~

",d"OI" a de",e nOl to bo

conlxtod,

1945 100lj(ll. FIll Stat. «(Ulp!wi, adclcd).
/JItr: •. FlOIdJ 0..". D/CtH'trCIiM.'. Sl9 So 2d
41.42(Fla.lilDCA 19")..
I94S10.Fla.Slal (1915)
Flonda /)<-1" r>/C&""c'w,u. 519 So 2d
41 (FI~_lst DCA 1988),
D'a:. $19 So. 2d ~142

J>ia: •.

F.P.L.P. VOLUME 5, ISSUE 2

Final

DIsposition f"",,.
14
BIIOt's law P,'I;o<W)'. S,oth EdItion

tu,,,
tu,,,

19JJ.IO(J}/b). ~'ll. Stat
1945 10(3X'). Fl:a Stat
§94S. 100lXd). fla Sta,

e",l

I' foom 1 902

DEATH ROW CLASS
ACTION YARD CASE
SABOTAGED

ll.

"".

S'~lh

'oqu:J'

JuclIa Ill'\llllOll.
f 945 10(3). Fla, Stll (cmplwi, .&led),

".
".
""
"n.
".

Blxt', law Dlclionary.

(1991). ntrnlll" rc lXlI. .l6 Mi" 1d 1017.

8lDdb"m l' SIll'., 261 So 2d 861 (Fl. 3d DCA

"....

""

69
70

1'4(0)

SO 23IS(198Sj

".".
"o.

You can "",."." more ,nfOfmlt,on about lhe
modilllon progrom by eonlXllnlllhe Office
of the AltOf'llCY GCncnlll P1.O I. The Capi101. TaJ!IhI»ft. Flondl. )2399-10$0
Flo R. C,v 1'1 070.

0'.....

(Fla. 2d DCA 1911). quwhrd on (JIMr gl'OliJld$..
4'8 So. 2d 1075 (Fl. 19M). 0PP<<l1 dum'unl
lith 110"'.. DtJ><rlr • Tnh.m. O!lrlflll'1J'. 10'

lB.

m".....'

65.

/d.
FloridD Frn:OOm 1I'r;M-spa/Nn.
• Dt..p.<q. 41& So 2d 112&
lalOCA 1915)

".

Dc",,,,,,,,,,,, "r

FI",uJa !'"",.., If l"f:h' en. 372 So. 2d

p.

420 (FliL 1979).

".

Dia:,$19So2t1114J.
rna: ~ lkpr. "/Ca,,..,.IIl1<U. (OOAlI
&6-4912R). 10 FALR 5141(1911)
Se. grnuaJlJ lHil: y,
Co,-

Se.

After 18 years of litigation in federal court the class action death row
"Yllrd" case, DOllga" 1'. Single/fir)', fI
81-11-Clv-j·IO, met an undeserved ignominious end when U.S. District Judge
William Terrell Hodges abmplly dismissed Ihe enlire case on January 21,
1999. Dougall began in 1981 when a
handful ofdealh row inmates filed a pro
se civil suit in Jacksonville seeking their
conslitUlional right to one (I) hour per
day of outdoor exercise. Soon thereafter
the court "invited" attorney William
Sheppard to represent the prisoners, llnd
the case was certified as a class action.
In 1983 Sheppard llbntptly "settled" the
cnse by signing II consent decree which

gave the prisoners only four (4) hours of
yard per week, despile Ihe overwhelming
body of case law holding Ihat confinement
inmates have a constitutional right to a
minimum of one hour per day. The four
page consent decree was so poorly drafted
that it pennitted the State to blatantly
disregard the consent decrec for the nexi
eight years, which lhey did. The proceedings in lln attempt to enforce the tems of
the consent decree, although he sleadfasl1y refused to move to amend the consent decree 10 give his clients their constitutional minimum of one hour per day.
[n 1996 the Prison Litigation Reform
Act [P.L.R.A.] became law; Ihe act permits any conse", decree to be dissolved
aller 2 years upon motion by llny party.
The State immedinlely moved to dissolve
the DOIlgall consent decree. a move applauded by class members who wamed to
go to trial llnd rcceive their conSlilutionally mandated minimum of one hour per
day. After an appeal to the 11'" circuit,the
District Court held a "SWillS conference"
on January 21.1999. Immediately following the conference (at which no prisoners
were present) the court not only dissolved
thc consent decree, but, wilhout any legal
basis and without making llny findings of
facl or conclusions of law, thc court, in a
3-sentencc order dismissed the entire case.
Sheppard, who has been totally anlagonislic towards his ,. clients" ( the prisoners)
throughoul this protracted litigation has
collected over half a million dollars in
altorney fees and costs over the years.
Sheppard has written to class members
infoming them that he has no intcnlion of
appealing the order of dismissal and advised one prisoncr class member that Ihey
were now" on their own" and should"
Slllri all over again." Class membcrs are
now seeking a rcal altomey to represent
them in a new sui!. Arter 18 years and
$5,000,000 in collected fees Sheppard has
bailed om, gUllrnnteeing that Florida remains the only slale in Ihe nation where
death row inmatcs receive less Ihan one
hour per day of outdoor exercise.

I'IU',S1l START RECO\,I-:R\' PROGRAMS OFFERS U
STP.P SUPPORT CROUl'S FOR TIIOS': EXPI-:RIF.NC·
INC I.lFE COSTROLl.ING PRORl.EMS.
TIlE
GROUPS MEET EVER\' TIIURSDAY AT 7:JOPM AT
t4lHl N. SI-:MOllAI'l 111.\'0.• SUITF. 1', ORI.AI'DO.
FlOlllllA FRH
M ...·nON. CALL

o~·

CIIARCI-:. FOil MOIU: INFOII_

(~07) lBl.JlJ1

OR }l1·lllS.

Page 22

THOMAS E. SMOLKA
ATTORNEY·AT·LAW
3126 W. CARY STREET, SUITE 122
RICHMOND, VIRGINIA 23221·3504
TELEFA.X(I')4)6U 4UJ

TELEPHONE (104) 6oU-4-461

ANNOUNCEMENT
Thomas E. Smolka is proud to announce the establishment afms law practice in
Richmond. His practice areas include: Criminal Defense Law, Appellate Criminal Law.
Post·Conviction Relief. Major Civil Litigation, Inmate Administrative Law and
Proceedings involving the Department of Corrections, Probation and Parole, Executive
Clemency. Interstate Compact and Institutional Transfers, Immigration Law and
Detainer Actions.
Additionally, Thomas E. Smolka and Associates located at 909 East

Park

AvenI/e. Tallahassee. Florida 32301·2646. Tebwhone C8JQI 22Z·64Qa. TeWax (850) 2226484, will continue tQRrovide a

filii ranu QlConsultjne Seryjces to Inmates on

Administratiye Executive Clemen", and Parole Related Matters.
Subsequent to his 1975 graduation from America's oldest law school at the
College of William & Mary, Thomas E. Smolka was admitted to the Virginia State Bar

and became a member of the National Association of Criminal Defense Lawyers. Tom's
legal experience includes service as an Assistant City Attorney of Norfolk, Virginia
followed by many years in private law practice. Most importantly, Tom Smolka's direct
understanding of the American judiciary came when he confronted the criminal justice

system, won his direct appeal and was exonerated. See Smo1kD v. State. 662 So.2d 1255
(Fla. 5" DCA 1995), rev. denied, Stote v. SmolkD, 668 So.2d 603 (Fla. 1996).

F.P.L.P. VOLUME 5, ISSUE 2

Page 23

Florida Department of Corrections
260 I Blair Stone Rd.
Tallahassee FL 32399-2500
(850) 488-5021
Web Site: www.dc.state.fl.us

Florida Corrections Commission

Office of the Goyemor

Florida Resource Organizations

2601 Blair Stone Rd.
Tallohassee FL 32399-2.500
(850)413-9330
Fax (850)4 13-914\
EMail:
fcon:om.!9naiJ.de.slllle.n.us
·
d
n
Web SIte: www. O5.518lc. wlfgllslagencieslfcc:

PL 05 The Capitol
Tallahassee FL 32399-000 I
(850) 488-2272

florida InSlilutional Legal Services
(Florida Prison Action Network)

Ch Ie fl nspector ~--,
ut;Il...IGoI-...
Citizen's AsSlslanCC Admm

..922-4637
.
488-7l46

Michael Moore. Scaaary

.. ..438-7480 The Aonda Cooccuons Commwlon lS composed of CommlsslonlGo\'CI1lment Ac:countabllit)
Informlltion ..,
................ 488-0420 eight CIIlztr1S appointed by the governor to oversee the to the People..........
. 922-6907
(tnfo Dira:tor. Kerry f1llCk)
FJonda Department of Corrections. 3dVlSe the 8O\-er,
Office of Executive Clemency
.... 488-7052 nor and legal.ture on correcuonal ISSues. and promote
Correspondence Conuot.
2601 Blair Stone Rd.
Inspector General. Fred Schuknechl
......488-9265 public: eduClltlon about the coucetlonal system in
Bldg. C, Room 229
Interstate Compacts
.... 487-0558 Florida The Commission holds relulltr meetings around
Tallahassee FL 32399-2450
Health Services.....
......922-6645 the stale ....hich the public may attend 10 proVide
(850)488.2952
(Charles MUllhcws, MD. AsSI. Sec.)
Input on. issues. and p~blems :tfTc,cllng the cO~llonal
Coordinator. Jonel Keels
system In FlOrida. Pnsoners families and fnends ate
Assistant (crclary for Securityllnst. Management
Sian Cu:mllll,-...
.488-8181 encour1lged to contact the CommiSSion to advise them
Rorida ParoleIProbation Commission
Inmate Clllssification
.488-98S9 of problem areas, The CommiSSion is Independent of
2601 Blair Stone Rd., Bldg C
the
FOOC
and
IS
interested
in
public
pamcipation
snd
Sentence Structure .
. 413-9337
Tallohassee FL 32399-2450
comments concc:ming lhe oversight of the FDOC.
Vicltm AsSistance
,488·9166
Comml~uon Members;
(850)488-1655
PopulnllOn Mgt.. .
_,
.
488·9166
Edgar M. Dunn • Jr,. Esq -ChaIr

Regional Offices
Region I
Region IV

(850)482-9533
(352)955-2035
(407)245-0840
(954)202-3800

Region V.

(813)744-8555

Region II
Recion III

Kane C. Nleoo!s-V.ec ctwr
- Hen Wdham E\'CfS-Ma)'Or or8radc:naon (h\'1d F Har\'q'. SbmfT. Wakulla County

Tallahassee FL 32302
(850)488-7880
Web Site: www.fdlc..statc.n.us

Alma B llttJe:s., MO

Guy I«\'dl. Jr .,Former Pa:roIc Corm:nwioner
Ray Sansan.llbJoclg Cowlty Comnu"""",
~'3rd Nocbrse.

A erE

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F.P.L.P. VOLUME 5, ISSUE 2

Department of Law Enforcement
P.O. Box t489

FLORIDA

I IIO-C

W 8th Me.

Gainesville FL 32601
(352)955-2260
Fax: (352)955-2189
EMail: fils@afn.org
Web Site: www.srn.org/fiIs!
Fllmilies wilh Loved
ones In Prison
7\ 0 Flanders Ave.
Dnylona Beh FL 32t 14
(904)254.8453
EMail: flip@afn.org
Web Sile: www.afn.org/ flip
Restorative Justice Ministry Network
P.O. Box 819
Ocala. FL 34478
(352) 369-5055
Web: ww\\o.Jjmn.net
Email: BemiC@;rjmn.ncl

PRlSO

NO -PROFIT
U.S. POSTAGE

LEGAL
PERSPECTIVES
P.O. BOX 660-387
CHULUOTA, FL32766

OVIEDO, FL
PERMIT NO. 65

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