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TAXPAYER'~BURDENINCREA~EnBYOLDERPRl~ONE~

'administrators fearthei:C' is no end 'in
While Florida has not kept a tab on
Florida's population is'getting older.
sight as politicians cQntinue·using crime
exactly what percentage of its. medical
and this is equally true ofthe prison popubudget goes to proViding for older prisfear and increased imprisonment as polillion. Largely. unknown to the taxpayers·
. and free citizens of Florida, there is· a
oners, other states report that they spend
litical platforms.
. This trend means that the prison . two to.three times mo~ onelderly'prisgrowing group of senior citizens who are
'system in Florida is facing problems . ,oners. According to John Burke. where
retiring not in a retirement community;
.the ~verage, prisoner· only ;costs
that will likely change the shape of
but in the prison system. The age of
prison in the 'future. While older prisonapproXimately SI8,Ooo. per .year to inthose being admitted to prison in Florida·
ers may be less violent or disruptive
carcerate, because of the. additional
is increasing and, once in prison, they are
than younger prisonerS this does not
medical needs of the elderly. older prisserving longer sentences. The burden on
oners average $40 to S50· thousand a
taxpayers is increasing along with tIlis
result in alower cost.ofbasic incarceration, as some claim. Often older prison~
year. Older prisoners cost more, they
growing trend, yet little attention is
ers are the targets of youriger violent
requir~ extra staff, and they take up
given to this area or the consequences
prison beds in crowded prisonS' resultprisoners where the populations are
that are expected to result as it continues.
ing in younger, more dangerous prison~
Florida has the highest number of
mixed. Older prisoners also suffer more
health problems that increase the mediers having to be released to make room
prisoners in the South who are 50 years
cal costs 'of incarceration; .costs that
forthern.
old or older, with 4,176 in a recent report.
The FOOC now spends more than
continue to increase as a prisoner gets
The number two Southern state in amount
older and requires more'medical care.
$200 million per year on medkal serof elderly prisoners is Texas, which had
In 1997 there were more than 200
vices. This amount is expected to in1,246 prisoners aged 50 or older in 1997,
state prisoners who were over 70 years'
crease as more older prisoners areincar- .
approximately one fourth of the number
cerated and as those with longer senold. There are more than 300 prisoners
in Florida. But notably, Texas has more
tences age. Thousands of prisoners still
than twice the total prison population of . confined to wheelchairs in the system,
and a number who are blind or deaf.
in the system were sentenced before
Florida.
Right now prison administrators claim
1983 and the adoption of sentencing
In fact, Florida has more prisoners
guidelines, many of them have senthey are able to serve the medical needs
over 50 than Texas, Georgia, and
tences ,in the hundreds and thousands of
of older prisoners, but predicts John
Kentucky combined, which are the three
years, and they are not being· paroled.
Burke, who oversees the Florida DeSouthern states ranked below Florida with
Adding to the equation is the require. the highest number of elderly prisoners.
partment of Correction's (FDOC) medical services depa,rtrnent, "Over time,
ment that all prisoners committing
Between 1982 and 1997 the number of
this is going to become a silWificarit
crimes and sentenced to prison after
Florida prisoners 50 or older at anyone
problem."
.
October 1996 will have to do 85 percent
'time has nearly quadrupled and prison

IN TH~EI 'ElElUE
•

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HOOKS V. SINGLETARY· ACCESS TO COURT CLASS ACTION 3
LAWSUIT FilED IN PRISON MURDER
5
FDOC WITHDRAWS PROPOSED MAil RULES
5
HUMAN RIGHTS IN THE USA AMNESTY INTl REPORT
6
POLICE BRUTALITY INCREASING
7
liTERATURE REVIEW
·7
NOTABLE CASES
·9'

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Qftheir sentence,~ga;rd1eS~ of their'age e~ '55 Mdolder and·ihe~ assiststheinin
FLORIDA pRiSON LEGAL
upoQenteriJig the .sYste~.
: '. ' 9~t8inii1g release. Sin~ the program begi~
PERsPECTIVES
.And in recent y~ the·iegisr~~ iri. 1989, oyer'300 elderly prisoners have·
POBox 660-387 .
toughened sentencing .laws' SQ' ~i pris- . tit!lnreleas~d \!itder the pr.ogramand none .
.
'
.
Chuluota,
32766.
oners ~ receiving long~r.sentences on ,havecommitted:anothet-·ctjme. "bIder.
. Florida
.
.
, top of haVing to. serve· the greater' pet-~ates repres~nt· ..a· promiSing al,te~ve .
Publishing DivisiOn of
:rLOlUDAtlIISO/lDlS~AIDOllCWllL\no".,"c..
centilge'ofthe sentence; And,anyone re- ·fpr states like Florida to ~uce populitj~n"
A Not.for-PnififOrgarilzalion
'
leaSed from a Floridapnson now. who without iricreasing'risk:tp socie.ty;" said . , , '
(4071568-0200'
cominits aviolenf felony Within three Turley. "In, a state' -like Florida. if you . Wcb: http://mcm~.1IOI.comlfplp7fplp,htrnl
years of release, can be subjected up to'a release'SOO'inmates, thai'~ one Ilu'ge prison. _ ••!.••••$._...._.
. FPLAODIRECfORS
life sentence. .
. ' .
You can now house. ,more. yQunger and :
TERESA BURNS:.'
According'!O Carl·Sehinenmanri,.a l;langel'QUS ~,~.!'
. '. .'.,
...
BOBPOSEY .'
Florida' State Un~versity·demographer
To enter so~~ PJq,rida p~ns'now is
DARRYL McGLAMRY.
and associate professor of eco~omicS, likecomm.g o~to:.the gr9Unlls of'a:retire-DAVID W. BAUER, Esq.
keepmgelderly prisoners in prison for ment home,PrisQners !U'C seen in their 60's;
long periods .is .not' cost effective,' be- :70's and even .80's using walkers or being
FPLPSTAFF
cause most of them are not likely to pushed iit wheelchairs to even·move
Publisher
TERESA BURNS .•
commit, more crimes when' released. around. Many prisoners who have been in .
EditOr BOB,POSEY
"People over 60,' even those with crimi- prison for decades have Seit~ni:es they Can
Larout Editor JOHN OAKS
nal pasts, are a decidedly unrisky group," never expire for crimes that today only
Research
SHERRI JOHNSCjl"{
AdmIn. A••I•• USA FAULKNER
contends Schmertmann. S'eluitertmann c:any a (action of the amount of time they
nACIE ROSE
maintailis that the state is Wastingtiine have. Yet, these prisoners are under the
............ .......
and money housing many ofthe prisoners parole system of release, and.as this parol~
FPLPADYmORYBOARD
.who are middle-aged and older. "Getting eligible population has dwindled the parole
WILLIAM VAN POYCK
.tough on crime' in' this way js, to put it board in Florida has significantly reduced
PHILIP BAGLEY. SHARON SIMMONS
TERRY VAUGHN. MICHAEL LAMBRIX
bluntly, demographically stupid," stated releasing these prisoners. Most of these
ALAN J. canoN • JAMES QUIGLEY
Schmertmann.
prisoners feel hostage to the parole comJAMES TAYLOR· JUDIE HIGHTOWER
.Rep. Victor Crist, : chairman of. the mission's intention of not "releasing" itself
CARL WELLS • OLENN SMI1lf
BRIAN MORRIS - EARN HOWARD
House Justice Council~' : defends long out of existence, and . that is the only
LINDA 00TI1.IEB - SA1J.YWILCOX
sentences. claiming the the higher medi- reason theY are still in prison.
JANE PRAlT· PAUL ADAMS
KIMBERLY
PEOPLEs. PETER BLANTON
cal costs ofelderly prisoners is offset by 'Politician's efforts to use "getting
JAMES MAJOR. ENRIQUE D1AZ
lower costs of controlling them. This tougher on prisoners" is guaranteeing that
ScorrORAY
does not add up, 'where .prisoners are Florida's prison popuJation will continue
FLORIDA PRISON LEGAL PERSPECTIVES iJ ~ bj.
in a controlled environment, and such getting older, and more expensive to IIllllIlIJly
by FIorlda I'risaoon Lqpl Aid ~ Inc. 1l2J2
control is figured in the basic costs of taxpayers in the coming years. Where E. ColaliaJ Dr.• 0rlIIIlf0. FI 12828. Mdma Adlllas. Fl'lAO.
P.O.llo1li6O-311. CbduolI. FL 12766.
incarceration, regardless of age. Yet, prisoners are di~nfranchised there is little
ffLP II • Nan I'lofiJ ~ li>cwina OIl lite Florida
CIld aim!naI jllsIb syIUmI wilb lllo goal 01' ~ I
CriSt says that those who are serving opposition to this trend, and it will con- prlron
wlIide .... _
il1lbnnuion CIld .....",.. alfeaill<l priSOOUI,
longer .sentencC!i are not good candi· tinue until these prisoner's famiHes and lbdr Imlics. frialdJ oM to.ctl ..,.., ud lllo _II plIbti< 01'
CIld lite US. ItaIuclioa "r crilno IlId rocilti.Um,
. dates for release, no matter the age. friends begin making their voice heard po- FIotidI
m.timct.Incc 01' IImiJy Iia. civil rial>U- il:qltoWlg CCIIllIitioos "r
CIld Clpp<lItunities, pnllIlOlma &kiIlcd CllUft UCCII (Ot
"They are career criminals;" he said Iitically by questioning and working to ex- CIlllfilIcmaII
prioclocn. oM ~ ICCOlIIl1Ibilil 01' priIOII <llIiciaIt, If.
"Age' doesn't necessarily relinquish the pose to the public the fallacies and irra- III issun FPLP iJ desisna!I" Iddras
.The inf<lnnuiOII b FPLP c!lIa D<lI <lOClWIriIy relIea tho
threat of crime.It Crist does not take into tionaJities of geriatric imprisonment in <lpinianI
"t lIte ...bm1eor IlIl[ i'IIblicIlitlD 01' FPLP is mad.
pcwiIlb
by v.... lite radcr ud GIppClIICr.I!lta<rab QlbIaiption
account that many of those elderly pris- many instances.•
CIld smcnI d<lulloos. Ra;UCIIal 4anlIi<lnI Iilr I _ yell
...-ripllOII
$S.pisooon. Slo-4loe dliza\, S1S-lnait1dicAl
oners who were sentenced before I983
111' ............
have been' in prison for deCades now. OLDER PRISONERS
FPLP radua lOll "'WOfIcn
intitEd 10 COlllJiI>lIu
1I1ida, IIOWIlntOtmolion. oM ~
P<lU'1>1c pollIicali<lo
Yet, they were never deterntined to be
The Four Southern states with the
~ tlaauillos .no be ~ by lbe sui>ICribcl'I rcccjpl' "r l!le _
IJIOIC 01' FPLP FPLP'. __
career criminals.
most prisoners 50 and older as of July It IIlDrDOy
wIImleer Ildl'_ rapcll>:l1O mplOUIlilr Iqp1I4-.ice
Nor does Crist take into account the 1997
50+
Total
. Due 10 ......... "rmoil ancIlIIIl' limiIIliam III ~
........ b e , - - 10. bus IIlI111i1 c!lIa .-;... iIlclMlllW
numerous studies that have shown that
Prison
1110lllicm.
PcrmiJsiOII II BIlJIIOd 10 rq>rilI1 mI1CriII in FPLP ~
recidivism rates drastically drop the older
Population
FPLP oM any IIll!ia1od allIxJt lie idauitIed in tho rq>riIll
the. offender is when' .released from Florida
4t 176
64 t 713
prison. One example of how the risk Texas
1,246
138,861
NOTICE
,The informlltion in this publication provides news
factor drops is a project operated for Georgia
1,1 Jl
36,339
lind opinion ftom Yllrious soun:cs lIIld I1Il!Y not prosev.eral years by Jonathan Turley, a Kentucky
964
lJ,069
Vide sufficient infonrnuion to dtoJ willi a ICgaJ problem. Ncither the f!l!bliJhcr. nor smlT, wamlIIts or
George Washington University. law Source: CouDcil of State GoverrcP./'CSenlS the suillibility of the infonmuion in this
publication for inJlituUDg ony legal action. An
. professor. This program uses volunteer
I1llomcy or other knowleilgcalllc jlCI'SOI1 In 11 diS'
.Iaw .students to study caSes of prison- ...m_e_D_ts
-:--' puted area should be consulted for cxperiencc In
,

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Iep/arca,s. Jbis pul)liCll1ion should not be relied on

as 8ulhonlalJvc cillllJon.

F.P.L.P. VOLUME 4, ISSUE 6

Page 2

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INCREASING NUMBERS
From 1982 to 1997; the bum:'
;ber of.prisoners age 50 and
older In Florida prisonS: has
nearly quadrupled:: .
.

p~bllsh the paper and,~istribut~ it: While' ever,you can:dC? within· your, means will

at times the budge('has mltde' this bai:ely help us ,continue, this important work and
pOSsible, ai· other times. there .hail been help' us .continue to t8ke on issu~s that
enough' over to allow. other projectS to be : .impact your .lives:
taken on that,8lSo cost money. JUghtliow . ;.'FPi.J" is totally dependant on its subth~ coffers' .arevery l~w, yet' sOnie ·very· 'scri~rs.!U1d' supporter's; we· will never·
importailt issues and projects are, pending accept funding that does 'not allow us to'
Older that requires us to comela you and ask· cOntinue to8ceomplish the goals that are .
Year
for your,additional suppO,fL·.· . . . . fcltto beevidentto anyone who picks up
Prisoners.'
In March of.1999FPLP staff-will be in and reads an issue of FPLP. WhileFPLP
1,092 . Tall~8ssee', !nthe. Capitol building, repre- does apply for grants, right now.they'
1982
'1,084 , sentirig· .isSues that' are ,~ery imPortant sparsely granted for prison proj~ 'such
1983
1,170' to' every,' 'prisoner: and. theirfainil.es, ' as FPLP, which·are not very popuJ..,.~ but
.1984
.
1,314 fri~nds·and loved ones. to our state repre-' are essential
1985
,sent8tiveS~' elected .and appointed oft1ciaJs.
At this time of FPLP ~ 'n~d, just as '.
1986
1!4~9 ,We are workiitg to'make it possible for . for the past five years we have tried to be
1988
.•,613' every family member,friend or loved one there when you need~d us, to help on the
1,083 who wishes to attend tltat event with us. issues that we could-w.here we could, ,now
1989
'2
098 Thisisgo~gtotakemo.neYfor·,transP9rta-. FPLP needs YOll. Please cOnsider mu1990
2'252
,ti~ri. displays, flyers, brochures, telephone ing ,a .donation, no ~. how. I~e or ..
1991
. ' '.' bills to l1etwork, etc. .
small, to FPLP at thIS tune. We Will sur1992
... ~,484
There are also sevel1ll '-other, pending . ,vive without it, but so much more Can and
1993
2;809 projects that· cannot ,and should not be will be dOne with a little extra help right
2,930 delayed during' this coming. year: there is now. Thank you, I know,we can count on
1994
.3,281 lobbying that needs to be done on improv- Yoti. - BOB POSEY, Editor.
1995,
, 3 715' ing family visiting in the prisons, the col1996
. 4'176' lect telephone scheme needs more' attenHOOKS V. SINGLETARY'
1997
, , . tiori paid'tO it. to try tq reduce the costs to
ACCESS TO COURT
Source: FDOC Reports .
reasonable rates. we need to have· FPLP
1....;.1 staff attend meetings of the Corrections
CLASS ACTION,

are

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NOTICE'
Shortly before the last issue ofFPLP
was printed the staff received notjeethat
the Parole Elimination Network (PEN)
had folded. We were unable to change the
layout of the paper to get anotice of that
in the last issue. It is official, however,
PEN is no longer in existence and is' no
longer in operation. •
1.-

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FROM mE EDITOR
As FPLP approaches its fifth year of
continuous publication it has been notable
that ,its subscribers and supporters have
been not only able to fund the complete
costs of publication but to allow numerous.
important issues and projects to be taken
on by the staff to create a check and
balance to the Florida Department of Corrections. It has not been necessary so far
to do fund-raising drives or to make appeals to subscribers and supporters for
additional donations.
The most important goal of FPLP is to

F.P.L.P. VOLUME 4, ISSUE 6

Magistrate ~sues Final
Commission and House and Senate. Corrections Committees to.inform them ofthe
Report and Recommendation
problems and, seek solutions during' the,
upcoming legislative ..session. All this
In a surprisingly favorable' manner,
takes n:toney, on top Qfkeeping the paper U.S. Magistrate Judge John Steele, of the
going. All of this will impact every. U.S. District Court in Jacksonville FL; .
single prisoner. and their family members. issued a SI page fmal Report and R~om­
friends and loved ones in the. State of mendation in the federal class action
Florida.
.
Hooks v. Singletary concerning FL 'pris- ,
FPLP ,staff'h~ not been too eager to oners, access to the courts. This report
push for additional donations, we have and recommendation, issued August 25,
made do with what cam~ in: Every penny 1998, is surprising in that it is not
received goes right back into the paper or harsh as one would expect following the
projects that assists everyone who sup- . U.S. Supreme Court case of Lewis y.
ports FPLP's goals. Now, however, we .Casey that was decided in 1996.. That
need some additional help if FPLP is to case substaritially changed almost. three
continue being effective and if the staff is decades of standards concerning prisonto continue taking on and representing ers' access to courts in this.counb)'.
issues (like the recent successful chalTo notice Florida· prisoners, who are
lenge to the FDOC. proposed mail rules) , all plaintiffs in this action, of the magisthat benefit everyone in, or associated trate judge's recommendations of what
with. the Florida prison system.
course Hooks v. Singletary should now
We know that most prisoners have take, a notice' was posted at all. institutions
very little. but every little bit can and will by September 23, 1998. The notice in- '
help us help you. Many subscribers and formed all prisoners that copies of. the
supporters of FPLP in the free world are report and recommendations would be
not wealthY,but then there are some who made available to all prisonerS to read.
are, or who are at least comfortable. What- where the copies were available from at

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to'death juSt one w~ek after the radIO show
,To briefly sUmmarize this'impOrtant sit~ ,
'" . , The hard work,:time, and care that has aired. FPLP c:arr1ed that story in Vol. ,2, uation Jor thos~ readers :whomissed it or'
,,'ip'the paSt few'years been de~oted to Iss.6,"
.
whoarej~tsub$cribing: InMayl998~e
'.,' making: the program one of the best by,
,On Ociober'l, 1~98, two Years tothe,FDOCproposed ~endingthe.routinem!lil
: :, ' tliosein: the' fDQC has been commend· 'date after McDougall's murder,:his famil}',. rule$ of the depiu1ment to prohibit prison,;
able. The frivolous lawsuits 'that some filed a lawsui~ agaiJls~ the radio statIon that" ersfrom ,.receivingpostage stamps from
prisonerS ~ filed have been virtually broadcast the~S.1;'.O.P.talk show: The fatnily and friends through the mail;·prison•
.-stopped' now with the Prison Litigation hlwsuit' waS filed in the Tampa federa,l ers would have been prohibited 'from ~
" Reform Act and Florida's version of that distrlctco\lrtfor'an'unspecifiedam~Unt:ofcej'vmgniore than 5 pages of any type
, " AcUt would bea shame and'a'mistake to . damages on behalf of McDougall's sOI\. .' ~itien material besides' persorialletters
. take from prisc)Dersthelr oilly remaining.
. The sui.t alleges Plat. the talk show' .thk-ough routine mail;' blank greeting cards .
hope ofbeing able to effectively thallcmge " contributed. to Mc;Dougall's murder;thilL would have been prohibited through the
their criminal. cases, or to remove the only the qllk' show hosts, .Bo and. Russ, had mail; blank envelopes or'paper W9 uld .bave
iemaining.vestige ofcheck and balance on joked on, the air aboul' lynching Mc·' been prohibited. through the m:ail; phoconditions of confinement. Perhaps wiser'. Dougall, encouraged other prisoners to tographs would have 'been limited ~o only
heads will realize this and enSure that the ' . be:at him, ~d pretended that he was al· five through the mail; and there were se~.
Curtentprogram in place in" Florida con. rea~y .dead with a mock anitou~cement of eral other' smaner propOsed prohibitio!ls
tinues, or aetuallyirrtproves. There can be his demise.
and limitations that would have acted to'
no financial reason for reduction, as the
'No explanation has been provided.why substantially and' negatively affect prisoners .
law libraries in Fforida's prisons are com· the Depiu1ment. of Corrections, was not ability, ~o send or receive -correspondence '
pletely funded from monies earned off also named in the. lawsuit. The sus- from persons outside the pr~ons.
prisoners themselves lI;I1d placed in the pected reason is the difficulty of
The 'FDOC abo proposed .several
Inmate Welfare Trust Fund, so there is no .litigation against any state agenCy that has amendments to the legal and privilege mail
burdeJ' on taxpayers in this regard. Up- unlimited taxpayer money to defend such rules that· would have had serious COIlSedates on the ~ case will be provided . suits. None ofilie principle actors from the quences. Under the proposed. rules, anor.
~ this paper as they become available... rad i9 station or the call·in STOP member neys' and other' 1eg8I entities would have
. who offered the reward' for McDougall's been prohibited froin seiidir:Jg: prisoners
killing were ever charged with solicitation stanips for postage; written'or published
LAWSUIT FILED IN
to murder, pc;rhaps because numerous materials of a "non-legal" nature (which
PRISON MURDER
. sheriffs and. st8,te attorneys and otheroffi- could on~y have been detected by reading
the ,materials-wbichis against the law);
. cials are themselves STOP members. •
In 1996, after an Orlando radio station'
photographs from attorneys or legal soun;es
held a bash·the·killer program where one'
FDOC WITHDRAWS
would have been prohibited unlesS related ,
caller repOrtedly offered a thousand dollar
PROPOSED MAIL RULES
to the individual receiving prisoner's crimi· . ,
reWard to any other prisoner to kill a
nal :case (Civil case photographs would,"
specific prisoner, Donald Glenn Mc·
'have been prohibited period);.and priSoners ':'
Dougall was beat to death at Avon Park
In the last two issues of FPLP, would have been prohibited from_receiv!~g" .,
Correctional Institution. McDougall had readers have been kept informed ofa ,any othern~n·paper item, such as brief. 'been singled out as the "poster· proposal by the. Florida Department of covers, paper 'clips, brief binders, page'pro. ,
prisoner" for the fanatical vigilante group Corrections (FDOC) to substantially teetors; staples, etc., from any legal, s()u~
that callsitselfS.T.O.P. for Stop Turning amend the routine, legal and privilege through I~galmail
.,
Out Prisoners.
mail rules of the department (FPLP Vol. ,'. MoSt 'egregious, the FDOC' pr:opOse(i' ' .
McDougall had been in prison since 4, Iss.4, "RULE REVIEW, First Amend- that all 'indigent prisoners woUld !iave·to'·
1982 for a high profile caSe involving the ment Targeted;" Vol.4, Iss.5, PRO- pay ali outgoing legal
postBge or have .
death ofa five'year old girl. STOP mem- POSED MAIL RULES UPDATE.") After a hold placed on their accoUnts (oralUegal
bers had held McDougall up as. the prime several months of' concerted effort by .mail postage costs. These costs la~r be.
example of why prisoners had to stop FPLP and other advocates to oppose those deducted if and ~en the indigent prisoner '.
being released in Florida, even though proposed rule amendments,. the FDOC' ever received any money, and allowing in '.
McDougall was nowhere near being con· published notice on October 9,1998"that such case the,account to .bereduced to zero
sldered for release. This in tum had lead all.of the proposed .mail rules have been to satisfY the pOstage "lien." Privilege mail,
that from news media' sources, .
to the taJk show bashing of McDougall on, withdrawn from therulemaking process such
Orlando FM station WTKS 104.1 on the without adoption. This means that the pro- legislators, governmental agencies,' etc., .
"BO and Russ Show," Other prisoner wit- posed mail rule amendments will not be would have been prohibited froni contairinesses maintained that the talk show that adopted. This also means t4at the same ing anything besides letters, ot4er written or .
had been heard at Avon Park CI directly mail rules that have been in effect for. printed materials would have been, prohib- .C01l1ributed to prisoner Arba Barr using a several years in the FDOC are still,. and ited in privilege mail. .
, ",'
steel horseshoe ~e to beat McDougall will remain, in effect and unchanged.
The FDOC, received hundreds . of..

'the ,U.S"

mail

to

as

F.P.L,P. VOLUME 4, ISSUE 6

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letters from priSonerS .arid thQse' on th~th~ir eoncems'!lbolitthe iegality. 'of some Theli~. '~d other abuses,' have ca\lsed the
.. outside' of the priSOM.. protesting'· these . of the proposed provisic:lOS M.d that this au~orS oCthe Amnesty International re: '. proposed amendmen~ ·!\fier FPLP-P\J:b- oppositionfinalJY convinc~ the FDOCto port:to con~lude' thaI' "there is a'
Iished .notice of them.. Attorneys. from withdra~ ·.the P"?posed rules in ~eiren-. w1de~spread .pattern ·of humim-rights violaFlorida Institutional Lep! Services; and tiret)'o
. .
' . .' . . 'donS in the USA...·that must be addressed; .
other attorneys c~ntaetedby·FPLP. 'staff . ;Th~re .is anirriportant. lessonJo be.· ..Muchof the' focus of the' Amnesty:
filed opinion letters o~l'the proposed rules' learned from 'this situation. W~ all worked' campaign wiil be direCted towards 'the dis. legality. The. Aleph .hlSti~te· filed nil- together -and .accomplisJted the unified. parate"applicatlon of the' death· penalty in
merom letters·conceming.thesep~posed goal. ·of· h~vingthese proposed rules the United States: While-most other indus· niles~ And on July 14" 1998•. a·pu.blic stricken.' .E:veryone who :participated in triillized nations ha~ 'abolished the death .
·hearing that had .been .requested was h'eld ' this effC)rt is commended.. It is unfortunate· penalty;.' the U.S. is ac:tullllyinbreasing its.
which several pe~ple attended to o~p~e .when attempts .are· made to, promul~ use. Highlighted' in .the Anu:testy report
the proposed. ma~l .rules. Attending that and adopt pOorly thought QU~ rules. It does concerning the application of capital pun·~eeting were attorneys Susan Cary' ~d h!lppen however..Wem\lSt stand prepared is~ent' waS .theprobl~ ..that .Florida
James Lo~ Paul: Harvill' (fonner. to respond when it. does. and en~urage .hasexperjenced with electrocution to ext-.
CCR investigator), Mary Anne Hoffinari . oth~rs to:get inv~lved and be prep.are~ to· cute condemned prisoners. Two times in
(Kindred Spirits); KaSinal White (family work together;· AgaiJi. thanks aU those the p8st ten years Florida's electric chair
member), Rev. Emory Hingst, 'iind 'Sister' who. p~cipated in this very. important has malrUnctioned,·causing flames to Jeap
Dorothea Murphy.
effort, and who respond~ to the call .to from the heads ofexecuted men.
,'"
The result of all the oppositio~ letters action. you know who you are.•.. ~ .
The.Amnesty report caliS' for the abolland the public hearing was that on August
tion of the death·penalty. saying that capi2i, 1998. the FDQCproposed some HUMAN.RIGHTS IN THE·USA tal. punishment has become a "political
ct,umges to the propOsed rules. The pro- AMNESTY INTERNATIONAL campaigning tooL" This was exampled
posed changes would have allQwed prisonREPORT .
,. shortly after the report's release in Florida
ers to continue receiving postage stamps,
with the 'political push during the NovemS blank greeting cards or blank paper or
ber elections to include a state cQnstituenvelopes would have been .allowed
Amnesty International has launched a tional amendment to the ballot. That
thfough routine mail. But essentially. no year-long campaign to alert the world to proPosed amendment, entitled Preservachanges were proposed .to the proposed growing conditions ofhuman right abuses; tion of the Death Penalty, glimered conlegal or privilege mail rules, which were abuses that are occurring in the United troverSy and a challenge to the Florida
equally or ev~n more important than the States. Although the U.S. has been as- Suprem~ Court by religious leaders seekroutine mail proposed rules. The. FDOC sessed before in a global context in rela- ing to bloCk its placement on the ballot.
intended' to adopt the legal and privilege tion to human rights, this is the first time During October eight plaintiffs, including
. . II that the U.S. has been singled out by
mail proposed rules as ·they were i.!llna y Amnesty International. for scrutiny into Rev.. Dr. ~ames Annstrong, past president
proposed. This was not satisfactory.
of the National Counsil of Churches:
These proposed rules would have its human rights abuses.
Thomas Horkan, general counsel for the
virtually destroyed indigent and other
This campaign was kicked off accom- FL Catholic Conference; and Kathy
prisoners access to the courts or attorneys, panied by the release ofa IS3 page report Barber Hersh, representing the South
and their ability to send or receive infor- by Aninesty International on October. S, East Yearly Meeting of Friends, or Quakmation freely with news medias and other 1998. The report provides comprehensive ers, filed anac:tion in Florida's high court
privilege
sources would have been coverage of a wide range of human right represented by attorney Randall Berg. Poseverely curtailed. Instead of relying on abuses that are occurring in. or that are Iitical leaders, such as Rep. Vietor Crist
the FDOC to "do the right thing." FPLP associated with; the United States. The (R) and Rep. Tom Feeney (R) who sponI.
·th th J'
report charges that thousands of Amerihre
staff filed a comp amt .W1
e omt cans are being' increasingly subjected to a sored the amendment, erupted to the t at
Administrative Procedures Committee
of a challenge to the proposed amendment
(JAPe) .about these proposed rules. that persistent pattern of police brutality, that claiming that failure to pass the.amenddid not appear to comply with established prison guards and immigration officials ment could jeopardize the death penally in
laws. The JAPC oversees all agency rule- are increasingly subjecting prisoners and Florida. Opponents of the measure pointed
making in the state' of Florida. The JAPC detainees-most ofthem minorities-to inhu- out the .amendment is not necessary, that
.
• F. 1. man and degrading treabnent and condi.
indicated in correspondence WIth 'P P tions of confinement, and that executions .its purpose is to preserve electrocutIon
staff that they also . saw legal problems in the U.S; are biased AOAinst minorities. over lethal injection, that existing state
with the proposed rules. specifically the
-laws adequately provides for the death
propos8I to make indigent prisoners pay
The report.also condemns the export- penalty in Florida, and that the amendment
'aU legal mail postage costs.
ing of arms and security equipment by the could actually delay executions through
It is unconfinned, but suspected that U.S. to countries with a history of human further court challenges.
when the moc went to file the changed rights abuses. The report condemns the
On October 9th Amnesty's secretary
proposed mail rules .for· .adoption· in increased indefinite incarceration of peo- general, Pierre Sane. made national news
September, that the JAPe notified them of pIe coming to the U.S. seeking asylum. .

mail

F.P.L.P. VOLUME 4, ISSUE 6

Page 6

~hen he ca~led'Texas a"conveyor'beltof : shopld fiDdothetworlc:,~R (~'

'~"

.
'. . " '.
; ,,' •
,'Unusually", this 'particular mcident ~ aMos CommISSIon. 23 FLW D2265
~'eXposed when 'four CQrfCctjonid offi-" a. 4th DCA 10/7/98). •
cel'S 'InfonneQJ),!m,ldwitriessed~Uist
DaleJn; 'He,:
by the
Departn\ent of Corrections;Jor abuse ora
." INCRE~SING
pr:isoner. willful vioJatioll oftheiules;tmd
'
,',,'
gi~g false, testinlony. 'He Wlis fired even . ,Acc~rding to' a report issued, dur~'
though some other officerS came forward ' 109 '" J~dy. by'the largest hum~, rights'
claiming to' also' haVe been present and ~r8~izationin the U.S.;' there has been is
also statedthat there' was no abuse and that ,wides~read increase in police violencenathey Saw nothing improper oCcur.'"
ti(mwide:. Aggressive tacdcs:initiated to
, After being 'fired, Dalem filed an reduce cn~e,and credited wlthlQW crime
.'
' ,'appeal . to " ~e state ,Public Empioyees !'8t~, in ci~ies acro~ the U.S. are' also
PRISONER ABUSE RESULTS, Relations, Commission argu,ing •that', there lead.lOg to m~teased f olice brutality, pri, .
II IN SIMPLE DISMISSAL '
~, no clear proof that he, ha~ done any- ,~~ly targ~tmg ethnIc and racial minori,
thmg wrong;. The 'Commission found that· ,tIes, accordmg to the report issued by the
uman
I • 'In
1989 Anthony Dalem was' em-' the witnesses ,against Dalem were the more i-t
Rights W~tch.
' '
ployed by the Florida Department of Cor- convincing and that other conviJiclng evi- . ' Th~ ~port examined police beha~ior
rectlons. He rose up through the ranksdence supported the dismissal. The Com- m 14 Cltles, and alleges that federal 'and
quickly. and in February 1996, he was mission noted that Dalem's witnesses had ~ocal governments are ignori!1g thegrow-'
promoted to a Correctional Officer Lieu~ contradicted' each other about where they . 109 number of cases of police brutality.
tenant. A few months later, while serving ac~ally were during' the incident and ~e report. notes that this problelllwin'
as the shift superv~sor at a Florida prison. about whattheyactuil1lysaw or did not hkely contmue to grow as many Ameri~"
lice
Dalem responded to a,radio transmission see. The Coinmission upheld Dalem's be- cans appear wining to accept more.w
that two prisoners were fighting In a dor- ing f~..
''
,
brutality in exchl\nge fOf reduced crime
mitory. By the time that Dalem had ar. Displaying a ,typical arrogance and ,rates. ,
rived. however. two other officershad-,c:onvlction-thaFpfisoners--have no-rights .
Polic_~, o{li~il!ls resP!lmfing_ Jo, the already broken the fight up. One of the 'and that his actions were not, wrong. ,report argue that the findings and '
prisoners was handcuffed and removed Dalem ~d the nerve to file an appeal to methodology used in compiling the report
from the scene. The other two officers the Forth Districf. Court, of 'Appeal arefaul~. These o~cials allege that the
then went into a holding cell to handcuff (DCA) from the Employees' Relations report fads to provIde numbers on the
\h~ other prisoner, Wayne Green. During C.ommission's· dec!si?n. The DCA re- ~otal cases of ,Police violence nationw!de '
thIS process, Dalem rushed past the two VIewed, the CommISSIon's, determination and does not address whether pohce
officers and begin to beat and curse and also upheld the dismissal with a dis- officers, have grown more violent i~ recent
Green. although Green was not resisting in cussio~ o~the facts of the case.
' years..
'..'
any way. Dalem beat Green to the floor'
Cnmmal charges were not lodged The report, that !Deludes detaJled chapand then kicked him in the chest several against Dalem in this incident, he was ters,'on the ,surveyed cities, is availabl~
times and at least once In the neck. Dalem simply. and surprisingly. fired. No disci- on the Internet at www.hrw.org. • ' ,
then climbed up on a foot locker and twice plinary action is reported to have been
jumped onto Green's back. After the beat- taken against Dalem's "witnesses" who
LI1:E~ TURE REVIEW
ing Green had to be transported to a medi- also had evidentially violated department
cal facility.
rules by not reporting,Dalem's actions, if Prisoners'Rjghts
After the incident, one of the other they were present as they tried to testify. The Law of Sentencing, Corrections,
officers went to Dalem and asked about nor were they disciplined, for their obvi.and Prisoners' Rights-]n A Nutshell;
filing a use of force report. Dalem told ously false testimony in trying to cover for 5th ,Edition
.
the officer that no report was necessary, a fellow officer. A nurse had also appar- by LyonS. Branham
that nothing had happened. and that in entty attempted to shield Dalem's abuse West Group (Pub.) (1998) Paperback
fact. that he. Dalem. was "not even pre~ with failing to report the full extent of
sent." Dalem also toid the other officer Green's injuries. No criminal charges were This book is the completely new and rethat, where he had come from. they 'used placed against any of the other officers or vised edition of the popular West Nutshell
force like that often, and that the the nurse who supported Dalem either. Series concerning corrections and prisonofficers at that institution should get use The officers wh,! testified against Dalem ers' rights. Written by Lyon S. Branham. a
to it because it would be happening more were Officers I<lrueger, Garver. Arpan, senior research scientist with the Institute
often in the future. Dalem then told the and Cochenour. They should be com- ,of Government and Public Affairs at the
officer. that if the others did not have the mended for coming forward. This case 'University of .minois, this latest edition
stomach for that type use of force, they was reported in the Florida Law Weekly includes a new and Useful section dealing
at: .Dalem v. DOC and Public Employees specifically with sentencing laws, and the

death." Dunng ]997. Texas was noted·for
executing half of the people who were
executed in the U.S. that year. Of the 42
men and women who were elteclited,inthe'
U.S. through ~ugust of this' year, II ,of
them were executed in Texas. The, vast
majority ofexecutions are occ~lng in tIre'
, Southern states. It is expected and hQped
that we will hear much more from
Amnesty International on these topics dur-,
ing this next year. •

F.P.L.P. VOLUME 4, ISSUE 6

was~even~lly,':fii'ed

PO~I(:E BRUTALITY

Page 7

rights of individuals dlJring the criminal
senten,"ing, procesS'. The 'sections dealing
with corrc:ctionsand prisoners' rights
have been updated to .includedis~Ussions
,of the most i~ponant changes in the law
in these areas. Wl;U Written and easy to
read. this bOok is· excellent in providing
a general overview of t,lle subjects"
treated. Consisting ~f390 pageS, 'this ~ook
goes beYQnQ dis'cussing th~ present. state
ofsentencing, corrections, and prisoners"
rights and delves" into proposals' for
more rational andcost~trective corre~
tions and sentencing systems. Some exam- pIes oflhese proposals are the adoption
by each state and the federal govern~,
ment of comprehensive commlulitycorrections acts, the implementation of
rational,
capacity-based "sentencing
guidelines, and ,introducing . victim, offender mediation into the 'sentencing
and corrections phases. Of interest to
those concerned about the future of legal,
developments in the,covered areas, the
author does not hesitate to address unresolved constitutional questions'concerning'
sentencing and correctional law. This Nutshell volume is basically. a compact version of an expanded casebook by the
same author entitled The Law of Sentenc- '
ing, , Corrections, and .Prisoners Rights
,(West Pub. Co. (997) that is being used in
college courses. Also included in this
book is a chapter on the mechanics of
litigating 42U.S.C. Section 1983 civil
rights actions .that gives good coverage
of the Prison L,itigarion, Re(orm Act of
1996. Perhaps most Useful· to ,the readers
of this review. however, is the ~alanced
coverage provided in this book of the
present state, of what are termed
"prisoners' rights."including First
Amendment Rights. Court Access Rights,
Prison Disciplinary Proceeding Rights,
Cruel and Unusual Punishment Pohibitions, Searches and Seizures, etc. This a
handy and useful book for both the experi-'
enced and inexperienced litJgator.
Available from:
West Group,
,ATIN: Order Fulfillment, 610 Opperman
Drive, Eagan MN 5S123. Price: $19.95,
check or money order. Orders may be
placed by phone toll-free at: 1-800-328. ,
'
9352. •

F.P.L.P. VOLUME 4, ISSUE 6

:"~999~A.L

"

ST.A.TE
CAPXTOL
.
.

- ' . ,

".

~O~A..:R.ALLY·
,
''A CALL TOACTION FOR: '
PRISONERS' FAMILY MEMBERSIFRIENDSILQVED
ONES ANP ADVOCATES

'MARCH ll~' 1999

.'

7:00AM TO 7:00PM

,This past year, during April. approximately 100 family members, friends and advOClltes of
population met in TallahllSsee during'the legislative session to attend a rally
and demonstralion project in the rotunda of the state capitol bqilding. Organized by FloridtJ
Prison Legal Perspectives. and other groups affiliated with the Florida Prison Action Network
(FPAN), that e~ent WllS a great success. There were displays and infonnation booths set up thlU'
examples many of the problems and unaccountable policies of the Florida Department of
Corrections. Infonnational' flyers lIiId displays exposed how the families, friends and loved
ones of Florida's prisoners have been and continue to be targeted by policies that have serious
financial impaGt on what are largely low-income people, and that serve in CllSes.to unnecessarily obstrUCt family and friendJ:ClationSbips. The range of topics covered family visit8tion to
monopolizati~n and gouging il)volved in the prison collect!elephone situation.

,Florida's~prison

During March 1999 another such capitol rotunda event is going to be held-bigger, better,
and more powerful! YOU are invited and needed to be there, or to support the effort. If you
have a family member or loved· one incarcerated in Florida, this is your chance to join with
others to demonstrate to our elected officials in TallahllSsee that our voice will be heard. If
you are an advocate of the civil and human rights of the incarcerated, this is your
opportunity to'meet with and network with others on the frontline in this crucial work. For
prisoners. this is the ,time that you can stand up and be counted, by encouraging your family
members and friends to attend this event and be your voice. and it is the time that your direct
, support is needed through donations.
We can no longer be silent and hope it gets better, or wait for someone else to do
somethhig. Without opposition, there are those in power who intend to make it much worse.
We all saw the political campaign ads this election bllSed on Pgetting tougher on
prisoners. It is time to make our 'voices heard above those who promote "get tough" prison
policies for political gain or job security platforms. 11 is time that accounlllbility be demanded
of a prison system concerned only with perpetuating itself at the expense of lost lives and
opportunities to change. 11 is time to come together and speak out against abuse and corruption
in the system; speak out against the disregard and arbitrary treatment that prisoners' family.
friends and loved ones are increasingly subjected to; and time to speak out against the
double-taxation, gouging and monopolization that the Department of Corrections is
increasingly engaged in.
p

Alone. not much can be done. That is why we call on YOU to join US to work together
for ALL. Efforts are being taken to arrange car-pools and· other transportation for those
wishing to attend this upcoming TallahllSsee event. Suggestions for displays and infonnation
booths are invited from free citizens and prisoners alike. Those unable to attend can support
this eITort by donations, every little bit helps lIS all the groups involved are non profit and will
be depending on your support to make this event even more effective. Working together,
change is possible, For more information, contact:
Florida Prison Legal
Perspectives
P.O. Box 660-387
Chuluota FL 32766
4071568-0200
Email: fplp@aol.com

Families with Loved
ones In Prison
710 Flanders Ave.
Daytona Bch, FL 32114
9041254-8453
, Emall:f1ip@afn.org

Florida Institutionisl
Legal Services
1110-<: NW 8th Ave
Gainesville, FL 32601
3521955-2260
Email: fils@arn.org

,Page 8

NOTABL'E CASES
by,Sherri Johnson and Brian Morris
Third DCA affirmed the denial of Eusse's petiissues specified in the COA."
Certificate of Appealability
Concerning Murray's ineffective assis- tion for writ of error coram nobis and alternalive
Appeal isLlmited, .
tance claim. the Court determined that it will 3.850 motion on the basis that Rule 3.850(b)
, to Issue(s) Specified
constue issue specification in light of the requires such errors of law to be rasied within
in Certificate
two years of the sentence becoming final and.
./n a matter of first impression. the fed- pleadings and other parts of the record.
eral II th Circuit Court ofAppeals has deter- giving the Court authority to review all 'prior to the filing of his application. more
mined that 28U.S.C. 5.2253(c)(3). of the aspects of his counsel's performance, In con- than two years had elapsed since Eusse's stale
Antiterrorism and Effective Death Penalty nection with the Forth Amendment claim as it trafficking convictions became final. See: Eusse
v. State. _So.2d _.23 FLW DI699 (7-22Act (AEDPA), requires that "the scope of related to Mumiy's plea conviction.
After examining the record. the Court 98),
review in a habeas appeal be limited to
issues specified in the [Certificate of Ap- found thai even if Murray had been entitled to [Comment: Citing Ross V. Stat~ 9S So.2d 594
an eviden~iary hearing on this claim, that' he (1957), the ·~Court correctly noted the
pealability]."
.
A federal prisoner incarcerated in received such a hearing when he proceeded to well, established rule that a party seeking a
Florida. Jason Todd Murray. filed a s.2254 a motion to withdraw plea hearing with new writ of error coram nobis cannot have any
habeas corpus petition in the Middle Dis- counsel. yet elected not to testify. or present other remedy available. And, the Eusse Court
trict Court of Florida raising four claims: evidence to back up his claim of ineffective reiterates that the function of the coram nobis
(I) a Forth Amendment violation; (2) inef- assistance. The Court noted that Murray had writ is to correct fundamental' errors of fact,
fective assistance of counsel concerning the one opportunity to, prove his allegations. not errors of law. A connict decision arose.
Fourth Amendment claim; (3) sentence which he failed to do. The Court opined that however, I1S to whether the voluntariness of a
'based on erroneous and false information: Murray cannot now change his allegations and plea is an error of law or fact. The Fourth
and (4) double jeopardy violation. Without expect to obtain another opportunity to raise DCA was confronted with an involuntary
holding an evidentiary hearing. the District an issue thaI should have been raised at the plea claim brought in an application for writ
Coun rejected all the claims and dismissed first opportunity to challenge his plea. The of coram nobis. The Fourth DCA found that
the habeas petition. Murray filed an appeal Court AFFIRMED the district court's dis- in one of Florida's earliest cases allowing
of the denial. and the 11th Circuit grated a missal of Murray's habeas corpus petition for coram nobis relief, Nickel~ v. State, 98 So. 502
Certifi.cate of Appealability (COA) pursuant those reasons. See: Murrav v. U,S., II F.L.W. (Fla.1923) (not cited by the Peart Court).
to 28 U.S.C. s. 2253(c). which specified Fed. CI 562; 145 F.3d 1249 (11th Cir. 7/7/98). Nickels claimed that his plea was involuntary
entered because he feared being killed
thaI the COA was limited to one issue.
Function of Error Coram Nobis
through mob violence. It After acknowledging
the ineffeclive assistance claim.
Writ is to Correct Errors of Fact,
that coram nobis Is available only for errors
However. in his appeal. Murray raised
Not Errors of Law
of fact and not errors of law, the Florida
two issues: (I) whether his appeal could be
Supreme Court held that a plea of guilty
limited to only issues specified in the COA;
After being deported because of state traf- entered through fear or coercion is an error
and. (2) whether the lower court erred in
dismissing the ineffective assistance claim ficking convictions. Gustavo Eusse was con- of fact which may be challenged by coram
So.2d
, 23
without an evidentiary hearing. The 11th victed in federal court of illegal reentry into nobis. It Gregersen v. State,
the United States. Subsequently. Eusse's state FLW DI830 (8-5-98). ,Thus, based on Nickels,
Circuit addressed both issues on theappeal.
Examining the Certificate of Appeala- trafficking convictions were used to enhance the Fourth DCA concluded that, under the
circumstances of the Gregersen case, an inbility Iimiling issue. the 11th Circuit noted his new federal sentence.
In
his
effort
to
obtain
postconviction
relief
voluntary plea may indeed be an error offact,
thaI it was an issue of first impression for
that court. but that il was nol a difficult on the'basis that his state trafficking convic- not an error of law. Ultimately, the Fourth
question to answer. Examining the plain tions were obtained from an involuntary plea. DCA certified conflict with the Peart Court's
language of28 U.S,C. s. 2253(c)(3), which Eusse applied to the state trial court for a decision. Review granted, Florida Supreme
mandates specificalion of Ihe issue(s) that writ· of error coram nobis or, in the Court Case Numbers 92,629 (Peart v. State),
the COA is granted for,lhe Court concluded alternative. posteonviction relief under Rule 92,652 (Prieto v. State). and 92,653 (Ross v.
that "there would be little point in Congress 3,850, FlaR.Crim.P. The state trial court de- State). It should be interesting to see just how
requiring specification of the issues for nied relief and an appeal was taken to the , the high court resolves this certified connict.
I'd almost be willing to bet that, if the court
which a COA was granted if appellate re- Third DCA.
view was nOI limited to the issues speci- On appeal. the district court found' that its doesn't sidestep the issue. we'll be hearing
recent holding in Peart v. State. 705 So.2d that the voluntariness of a plea is a mixed
fied."
1059 (Fla. 3d DCA 1998), was that "the func- question oflaw and fact. FPLP will be watchThe Court also noted that before the
of a writ oferror coram nobis is to correct ing these cases closely with hopes of informtion
passage of the AEPDA that the old Certificate of Probable Cause (CPC) requirement fundamental errors of fact. and that the writ is ing you, Its reader, that a meaningful decision
also limited appealable issues to those that not available to correct errors of law." !!L. at was entered.-bml
were acJuaJly specified on the certificate. .1062. Similarly. the ~ Court found that
Thus, the Court held that "in an appeal "[a]n irregularity in the plea colloquy is an
broUght by an unsuccessful habeas peti- error of law. for which the proper remedy is a
tioner. appellate review is limited to the Rule 3.850 motion." 23 FLW DI699. The

F.P.L.P. VOLUME 4, ISSUE 6

Page 9

, Allegation ~fTiniely'FlJlng
,that tIlis statute authorizes the' eourts, to
Necessitates Evidenthi"ry Hearing
'impOse sanctions if it finds 'that, among
"'
,
other things, "an appeal is frivolous or that
, In a rare case involving the Mailbox "the prisoner 'knowirtgly or with reckless'
R:ule articulated in Haag ,v. State, 591. disregard for the truth brought false inforSo.2d 614 (Fla. I992),' ,the First DCA mation or evidence before the court.''' The
twice reversed Judge E. Vernon Douglas' First DCA was 'constrained' to deny the
order dismissing Charles Bray's Rule 'state's request to hav,e Sauc:er'sgain3.850 motion as untimely."
" t i m e declared forfeited because~ like the
From the onset, the first DCA found· Second DCA. the First DCA cou~dn'thelp
that Bray's' allegations of .time,ly filing but find that it is the role of the DOC, not
were sufficient factual allegations war- tltecourts, to ,order the forfeiture of gain-'
ranting an evidentiary hearing. ·See Bw time.'The First DCA also found that sec~ 702 So.2d 302, (Fla. i,st DCA' tion 944.279 which provides that '[t]his
1997). Thus, the DCA initially reversed' section does not apply to a criminal proand remanded with simple directions for ceeding or a collateral criminaLproceedthe trial court to conduct an evidentiary ing" must be read in pari materia with
hearing with regard to Bray's allegations 'section 944.28(2). The First DCA, without
of timely filing.
'expressly admonishing the state for
Interestingly, on remand, the trial filing its frivolous pleading, Was concourt, Judge Douglas, again dismissed the strained to' fmd that there is no statutory
motion on the basis that the sworn authority for a gain-time forfeiture in
allegations of timeliness were insuffi- Saucer's case. The First DCA did not
cient. Interesting because Judge Dou- hesitate, however, to advise the state on
glas entered his second order without how it could seek peJjury charges against
conducting the evidentiary he was di- Saucer. See: Saucer y. State. _ So.2d,
,reeted to conduct. In other words. Judge 23 FLW 01972 (8-17-98).
Douglas simply acted without regard to
the DCA's mandate.
'
Error to Omit Requested Jury
Bray was again, forced to seek appelInstruction Deemed Harmless
late review. Moreover, the First DCA was
Bobby Scott appealed his convicforced 'to reiterate its previous findings
and, once again, reverse and remand, this tion and sentence imposed for allegedly
time with specific instruction for Judge possessing contraband in a correctional
Douglas to afford Bray "the opportunity facility.
Correctional officers entered Scott's
at an evidentiary hearing to prove (by
prison mail 'logs or otherwise) that his cell and searched his locker. The officers
motion was timely filed." See: ~ claimed they found cannabis hidden inState, So.2d _ ' 23 FLW 01897 (Fla. side Scott's eyeglass case. Subsequently,
criminal charges were filed against Scott.
Ist DCA 8-i3-98).
Scott entered a not guilty' plea and
proceeded to trial. Scott's position at trial
Frivolous Pleading
was that he had no knowledge of the
Tunnel Vision
presence of the substance. Not sutprisJoseph Saucer filed, with the First ingiy, with his primary argument being
DCA, an application seeking a belated that he had no knowledge of the physicai
appeal on his judgment and sentence. existence of the substance, Scott may not
Saucer claimed that, to no avail, he had have expressly argued that he also had no
timely requested his attorney to file an knowledge of the actual nature of the
appeal. Saucer's petition for belated ap- illicit substance. Apparently, both Scott
peal was ultimately denied without a writ- and his attorney assumed it would only be
logical to conclude that lack ofany knowlten opinion.
Subsequently, the state sought to penal- edge of the existence of the substance
ize Saucer for seeking judicial redress would encompass lack of knowledge as
through the courts. The state moved for an to the nature of the substance. Sounds
order forfeiting Saucer's gain-time in ac- reasonable!
The trial court erred in failing to procordance with section 944.28(c), Florida
Statutes (1997). The Saucer Court found vide Scott's requested instruction to the

F.P.L.P. VOLUME 4, ISSUE 6

jury that, in order to convict, the jUry must
,find he had imowledge of the illicit nature
of the substance allegedly. found in his
posSession. It's only reasonable to conclude that .if one dosen't know the substance is even there, then, the nature of
the illicit sobstance would also be un-known. Not sO,according to the Fifth
DCA. The Fifth DCA, while agreeing that
. the instruction should have been given,
found:, that. the failure to, give the
requested instruction. at leaSt in this prisoner's case, was hannless error. See: Scott
v.
State, _' So.2d -,23 FLW
1954 (Fla. 5~ DCA 8-2J~98).
.
Comment: ,Judge James C. Dauks~b
dissented based on his belief thatllhe 1
failure to'inStni~t on the elements oftlit~
offense cannot be harmless error. FPLP
believes Judge Dauksch's opinion
should have been the, majority opinion.
Then again. FPLP would like to assume
that one is deprived of his constitutional right to a fair trial when the state .
is not put to its burden of proving aU'
the elements that the h:gislature says
constitute the erline.-bm).
'
t

Ineffective Assistance Found In Consecutiv~ UFO Sentencing
Jose EUstaquio Diego sought post,
conviction relief based on, .among other
things, his claim that the imposition of
consecutive sentences was unauthorized
because all of the crimes for which he was
convicted were part of a single criminal
episode. The trial court denied relief and
, Diego appealed.
On appeal, the Third DCA found that
Diego's postconviction motion "should
have been granted." The DCA found
that Diego's trial attorney rendered
ineffective assistance by failing to preserve the erroneous imposition of unauthorized consecutive sentences for appellate review. Based on its finding that
counsel rendered ineffective assistance,
the case· was REVERSED' AND REMANDED for resentencing. See: Diego
v. State, _ So.2d _, 23 FLW 01979
(Fla. 3d DCA 8-26-98) (revised opinion).
IComment: In his concurring opinion
entered In Cholnowski v. State, Judge
Altenbernd expressed his belief that
"trial court's will soon see, a flood of
motions alleging Ineffective assistance
of counsel for failing to investigate jail

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',credit and to file a, timely'm,otlon. II ,''105 .·the"'s~lves.'~ "',See: 'Butkes v.' State; _ ' ,staJidlng practice 'of ~ndoDlng. and :In
SOjd 91S(F1a. '2d IlCA, i997). ,tbe~ So.2d ~ 23,FLW,02178 (Fla. 2d. DCA :fact ~uiriiJg, s!J~b unfal,r prejiJdice
'after, in a feeble a,tteinpttonmiHhe,,9-1~98l',: ,
' , ' m a y b a v e fioally been put to rest.-bm)
,~nects of tbat 'nQod" tJi~' Florida ',' ,' , ,':' ,
"
.
'
,U~flrir Prejudl~e alts'Hurdle
' Lack of Jurisdiction,'
, Supreme Courttlire~outa'few'~and-'" "
, ,bags. by annoluiclbg 'that cert8ln~redit
' . ':',
,
,May Be RaISed At Any Time
tim,~. served' issues could be raised in
Terry' Kenneth Brown proceeded to
•: ~.800(a) motions. See, State v.' Nanclno;. trial by, juty where he, waS ultimately conIn i 978 Wilson Tony Harrell' pleaded
:'714' So.2d 429 (Fla.1998). NonethelesS,vieted of the offense of possession' of a guilty (pursuant tban agreeinent that he
,tb~ bighcourt needs to either throw'out,' ,fi!l'atin 'by a convicted felon. At trial, over would receive,a sentence oftinie served)
, more sandbags or get tbe makers' of the· . Brown's fJbj~ction,. ,the State· was allowed to a 1975 offense of "accessory after the
, Criminal Appeal Refonn Act of 1996 to· 'to introduce certified copies of Brown's 'fact to first degree murder!' Prior to enterprovide·funding for unlimited nferafts. prior felony, convictions into evidenCe. In ing his plea, Harrell had proceeded to
In most cases, wbether or not the other,words, even though Brown offered to trlalby jury which resulted in a hungjury.
'crimes were committed' In a single crim~ stipUlate that he in fact 'had prior felony , Over Harrell's objection, the trial court
lnp~ episode can" be determined ,froni' ConviCtions" ,the State was ,pennitted to declared a mistrial. When the trial court
th~rfaf~:9f.t,~c:.record.Y~t.. c1al~s In- inform thejury oftheaclUal number and, moved to reschedule a new trial, Harrell
v~lring tbe Imposition of unautb()rized' even worse, actual nature of Brown's prior petitioned the appellate court for a writ of
consecutive babitual offender sentences convictions.
prohibition. Interestingly, with. regard to
are not cognizable In Rule 3.800(a)
Th~ Florida Supreme Court found that Harrell's petition, on November 9, 1978,
ceedings. Thus, unless the high court '''[w]hiJe there is obviously some risk of the appellate court issued an order to show
throws out more sandbags, it appears prejudice inherent in establishing that a cause. Thus, because the show cause
. thar trial.courts' and attorneys wiD be defendant is a convicted felon, our concern order had been issued, the trial court
forc~d to swim. in Ineffective assistance here is dealing with the unnecessary risk of was
divested of
its jurisdiction.
claims.-hmJ
prejudice that comes from disclosure ofthe "Apparently unaware of the show cause
,number or nature of the prior comtictions." -'--OrderrRarreILagreed. to plea to being an.
Invoking Right to Remain Silent
The Brown Court held that "when a accessory and was adjudicated on DecemResults in Criminal Prosecution
criminal defendant offers to stipulate to ber 20; 1978." The First DCA denied
the convicted element of the felon-in- Harrell's petition for writ of prohibition on
Kevin Burkes took an appeal from, possession of a fireann charge, the Court December 22, 1978.
.
among other things, the judgment and must accept that stipulation, conditioned
' Several years' later, Harrell found himsentence imposed for the offense of ob- by an on-thtHCcont colloquy with the de- self imprisoned in federal custody on un,structing ,or opposing an officer without fendant acknowledging the underlying related' convictions.. During preparation
violence founded upon Burkes' refusal to prior convictions and acceding to the stip- for a federal parole hearing, Harrell
provide his name to law enforcement offi- ulation.See: Brown v. State, _ So.2d obtained, documents which exonerated
cerS after he was lawfully arrested. The
, 23 FLW S535 (Fla. 10-15-98).
him in the 1975 murder and accessory
question addressed on appeal was whether JComment: Prior to the Brown decision, offense. Thereafter, arguing that the trial
an arrested individual's right to remain the State was permitted to enter into court lacked jurisdiction to enter an adjusilent also pennits a refusal to provide evidence prejudicial! documents relect- dication, Harrell petitioned for a writ of
one's name to law enforcement when ing the exact number and the exact na,. error coram nobis which the trial court,
asked. While correctly noting that "the . ture of the prior felony convictions. In- treating the petition as a motion under
right to remain silent means just that and deed, prior to this case, botb the trial Florida Rule of Criminal Procedure'3.850,
has no exceptions," the Second DCA court's andtbe appellate court's mlstak- summarily denied. The Fifth DCA, hownonetheless affinned Burkes obstruction enly read tbe decisions entered in ever, found that Harrell's petition raised a
conviction. As strange as it may sound, Parker v. State, 408 So.ld 1037 fundamental defect which, if true, would
the Burkes Court found that "after an (FJa.1982), and Williams y. State, 492 require the conviction to be set aside.
individual has been lawfully arrested, he So.2d 1051.(Fla.1986), "as adopting vir- Citing a long line of cases in support ofits
must provide his name or otherwise iden- tually a per se rule mandating admission position, the Fifth DCA held that "lack of
tify himself when asked by law enforce- of the particulars of a defendant's actual jurisdiction can be raised at any time."
ment officers."
This exception to the prior record in felon possession cases." The case was REVERSED AND REconstitutional right to remain silent was Brown, at 8537. It's only reasonable to MANOED for an evidentiary hearing.
made more egregious when the Court believe that, knowing such prejudicial See: Harrell v. State, _ So.2d
,23
noted that "section 843.02, Florida evidence would be admitted, numerous FLW 02160 (Fla. 5th DCA 9-18-98).
Statutes (1992), entitled 'Resisting officer Individuals elected to enter a plea and
without violence to his or hr person'is the bope for judicial leniency rather than
Web Page Address:
proper statute with which to charge an take the sUm chance that the ju.ry would
bttp:JlmembuLaoLCilmllpJplrpJp.btmJ
individual with obstruction for failure not return a guilty verdict for the wrong
E-mail Address:fplp@aoJ.CiIm .
Telepbone: (401) 568-0200
to give their name or otherwise identify reason: Fortunately, the court's long

pro-

F.P.L.P. VOLUME 4, ISSUE 6

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F.P.L.P. VOLUME 4, ISSUE 6

Page 12

...............
~.
FPLP SOUND OFF

~

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~

FPLP, Just wanted to thank yqu for your knowledge that you publish and trying to help 'u'sandour family's out. I've been in prison for many
· years and have seen a lot of changes making things worse and worse. Little by little taking more and more of our restricted freedom and making
lovcdones suffer. Always trying to tear the rami.!y apart. Separating, dividing, and then conquering! Keep up the good work and I hope one
.- ~y these supposed Convicts start sticking together. Peace-Out. B.S. CCI

our

·Deai' .FPLP, Ijust finished reading my May-June 1'998 issue of FPLP, and I again praise yoti and all the staff at FPLP for all the hard work and
.dedication ya'U put forth in putting out this nl:wsleuer.. .
.
.
'. I read with great interest the "CYBER~c6NS" article on the front page of the May-June issueofFPLP. I'm surprised that FPLP has taken the
position that ya'lI have toward the FDOC WEB-SITE..I for one, and about everyone I know, or at least associate with feel that this is one of the
best things the FOOC has did in years. I disagree with··FPLP's position toward the FDOC WEB-SITE for all the same reasons FPLP holds
.against it.
. 1\11 this infonnation, plus more, that is on the FOOC WEB-SITE has always been available to the publi.c. Before the WEB-SITE came out all
·ft~~ne had to do, was to write, phone, or apply in perso" to FDOC and reques.t it. I don't·recallever hearing of anyone snivel about that source
I(
(rp-onnation. Why then, snivel now that its on the WEB-SITE. The only"people I've heard snivel about the WEB-Site here are some know
r, i ~ molesters, arid a few people that are running scams on people outside. This WEB-SITE will surely bring to a halt, a lot of mail scams that
· goes on.
. . ' :
. In my opinion, the WEB-SITE doesn ~t go far enough. I'd like to see more infonnation included on it. Society is lead to believe we in here are
all child molesters and serial killers, that we're all total screw ups. For this reason, the accomplishments we accomplish, such as advancing in
education, completion ofvocational courses, and any other self-help programs that we participate in should be included on the WEB-SITE. I'm
SUre that if our accompliShments were included, that our disciplinary record would also have to be. I do not have a problem with that.
I ' I ask that you and your staff at FPLP rethink your position towards the FDOC WEB-SITE. This WEB-SITE can be very helpful to all of us
!in' here, that has worked hard and strived in the risl!t direction toward getting out of prison.
· • I i J.ask that FPLP to promote the FDOC WEB-SITE, and help through your growing influential power to get more infonnation on it. Thank
COPCI

·You,

Dear Staff: My name is Glenn Spradley. I am an inmate of the Florida prison system. Currently, I am incarcerated at CCI. What I want to sound
, off about is the way the Florida parole Commission arbitrarily and capriciously deny inmates parole when their presumptive parole release date
, arrives.
. I have been in prison since June of 1980. When I initially saw the parole examiner on March 31,1981, he recommended my presumptive
.parole release date (PPRD) to be November 7, 2000, and the Parole Commission agreed on this date. As a result of good institutional conduct
,ttom March 31, 1981 till June 6,1989, the Parole Commission reduced my PPRD two years and established it to be May 7, 1998. On August 27,
'1998,1 saw the Parole Examiner who conducted an effective parole release date interview and recommended that my PPRD-Nov.7, 1998, be
my effective parole release date. On Oct. 7,1998, I received correspondence from the Commission Clerk notifYing me that "[t]he Commission
~~ decided NOT to authorize [my) effective parole release date for the following reason(s):..,[l]ailed to make a positive finding as required by
:5.947.18, Florida Statutes, and has referred your case to the Commission for extraordinary review (see Rule 23.21.0155)," This is not fair,
especially in light ofthe fact that my institutional record indicates that I will remain free once: paroled. During my 19 years of imprisonment, I
j have gouen only one disciplinary report, and that was in August of 1991, over eight years ago. Also, I have participated in amended treatment
, : programs that relate to the offenses for which I was convicted-:aggravated assault, attempted murder, false imprisonment, and trespassing of a
· dwelling. I have also successfully completed two vocational courses. Finally, I had overcome the hurdle of getting a verifiable place of housing
· and employment. Therefore, I am very disappointed. OS.CCI

Oear FPLP, Thank you for publishing a wonderful newsletter to keep us up to date on what's happening within the FDOC and on the laws
which affect us cvCl)'day. I've been admitted to Okeechobee'.s CM one status for seven months now and have experienced numerous fonns of
i 1'l~lIlect. We are forced to be fully dressed Monday thru Friday 7:00 AM to 5:00 PM our cells, even with the temperatures reaching up to 100
· deg.. If we don't comply, disciplinary reports are fabricated and fonns of abuse takes place from getting gassed, being stripped of all personal
and state property (except for boxers and T-shirts), and eyen.physical abuse and electric shock.
The law library does not provide adequate assistance and legal materials to CM unit. When requesting for sick-call. the medical department
· ,~elays treatment for up to four weeks, but charges your account the day you signed up for sick-call. When all matters are grieved, the outcome
; .: jUld'results are always denied. Even the Secretary of FOOC in Tallahassee denies the grievances, always. stating that the institution level was.
' Ihppropriate. These actions by FOOC has deprived me and numerous other inmates our liberty which is supposed to be guaranteed by the
constitution, of the United States. PW OCI

,

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.:

.,: ...

".,

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:Pic'cirill()&"Son~::lriC.~:','

.' , '
'
., 'Providinj E~pel1 Wi,blesS and CriJUinal Justic:e <':c)llStll~tServjces .: . . .
.,:' '.
With Over 2S Yeais of~encein Post-SentenCing,post.COnvictIQn"Relief, and'Comictlo~ Related Matters ,
~oSt Offtce Box

10022, Tallahassee, Florida 3'2302

..

FREE INITIAL CONSULTATION
Inrnaies May Call ColleCt'or Write to Aqange for aLeiiit Phon!} Call
New TallahaSsee. Florida Offtce NumbeJ::, ,

'(850) 383·9722,
Providing SpecializedServices In:

'.

.

"

E~ecutive Clemency - WorkRelease -lnstitutionat'Transfers
I ,~
G~in Time Correction and Restoration ~ Disciplinary and Disciplinary Appeals Parole and Parole .
Revocation - Resolution of Detainers • Inte~tate Compact
Services Provided Through Referral to AssoCiored Counsel

Direct Criminal Appeals - Belated Appeals - Post-Conviction ReliefProceedings
State and Federal Habeas Corpus Proceedings
ABOUT GARY "AL" PICCIRILLO
GlUY IIAI" Piccirillo has served over 14 years in such state prisons as Sing Sing and Raiford. While incarcerated, he became
a popular jail house lawyer successfully advocating the rights of his fellow prisoners. See DepartmenJ ofCorrections v.
Picc/ril/o. 474 So.2d 199 (Fla. I" DCA 1985):Department ofCorrections v. Adanls & Piccirillo, 458 So.2d 354 (Fla. 1st
DCA 1984):Piccir///o v. Wainwright. 382 So.2d 743 (Fla. 1st DCA 1980), and Adams & Piccirillo v. James.7M F.2d
1077(llth Cir. 1985).
Following his release, from the Florida State prison system in 1983 and after years ofcollege education and hard work, his
criminal lifestyle has changed. He is now the President of Piccirillo &. Son, Inc., the Editor and Publisher of The Florida
Post-Conviction Relief Update, Co-Author of Florida Post-Sentencing, Practice and Procedure, Capital Legal Publishing
(1995), and the Florida Department of Corrections Law Clerk Training Manual (1996). He has written articles relating 10
access to courts and post-conviction relief in such legal publications as the Florida Defender and the Informant. He has
lectured in Kiser College on the subjects relating to post-eonvictionrelief, criminal law, criminal appeals, gain-time, civil
rights. and the history ofguideline sentencing in Florida.
He has served as an expert witness and consultant for the Florida Department ofCorrections In matters relating to access to
courts and post-conviction relief, has trained over 300 inmate .law Clerks, and has served as a Qualified Representati~e
before the Department of Administration, Division of Administrative Hearings ,successfully representing prisoners in
administrative rule challenge proceedin~-against the Florida Department of Corrections. He has served as Executive
Director for residential transitional inmate release. programs with grants awarded by the Governor's Office of Criminal
Justice Services for Ohio, and the United States Department of Justice. He has more than 2S years of experience in '
post-conviction relief, criminal appeals, and corrections related matters. He has testified before the United States District
Court, Middle District of Florida as an expert on access to the courts and such related matters.as post-conviction reliefin
the civil rights case of Hooks v. Singletary. 775 F.2d 1433 (11th Cir. 1985).
While with the law firm of Daley &. Associates, he coordinated Ihe litigation in such cases as State v. Leroux, 689 So.2d
235 (Fla. 1996); MiJddryv. State, 702 So.2d 1314 (Fla. I997), and Guisasola v. State, 667So.2d 248 (Fla. 1st DCA 1995).

.

F.P ..L.P. VOLUME 4, ISSUE 6

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Page 14

PRISON LEGAL NEWS
"Perhaps the most detailed journal describing the development of prison law is Pris!'n
Legal News." .- Marti Hiken. Director Prison
Law Project of the Nationill Lawyers Guild.
Pl.N is a 24 page. monthly magazine.
published since 1990. edited by Washington
s~ prisoners Paul Wright and Dim Pens. .
Eaeh issue is packed with summaries and analysis of recent court rulings dealing with prison
rights, wrinen from a prisoner ~tive.
Also included in each issue are: nek. articles
dealing wiih prison-related struggle and
tivism from the U.S. and around the world.
Annualsubscription rates are $15 for prisoners. If you can't afford to send $15 at once.
Send at least 57.50 and we will pro-rate your
subscription at 51.25 per issue. Please send no
less than 57.S0per donation. New (Unused)
" U.S. postage stamps may be used as payment.
For non-incarcerated individuals. the
subscription rate is S25/yr. Institutional
subscriptions (for atlomeys. libraries. govern·
ment agencies. non-governmental organizations. etc.) are' S60/yr. Sample copies lire
available for 5 I. Contact:

ac-

r

'mOMAs E.SMOLKA-ANDASSOCIATES •

.
909 EAsT PARK AVENUE
.
TALLA~EE, FLORID~ 32J01~2646

ThGIIW E. SiDot.... Eaqulre
NOI Admilltd la F1ofl4o
. VlrgiaIA Slale BlIr tD No.t51M

Telepboae (850) 11U4OO
Teldas (850)214-6484

EMAI,,:· Itsmol~rtdad.an.aet

(PROVIDING CONSULTING SERVICES TO'INMATES ON ADMINISTRATIVE,
..
. CLEMENCY AND PAROLE MATTERS)

Dear FPLP Subscriber:
As many of you know, I·suffered throughmaoy,Years 00 the receiving
end of the FlorIda Judl~lal System, .before I was released after winning my
direct appeal. See Smolka v. State, 661 So.2d 1155 (Fla 5tJ> DCA 1995), rev,
denied, State v. Smolka, 668 SO.1d·603 (Fla. 199(i).
Undoubtedly, many of you maybe In need ofeffec:tJve representation on
a variety of Inmate related matters.· In this regard, I would urge y!>u to contact
. me, as I provide prompt assistance on a fee paid basis.
Best wishes,

Prison Legal News
2400 N.W. 80th St.• Ste 148

SeattieWA 98117

Thomas E. Smolka

ADVERTISING NOTICE

James Fultz, Inc. offers many legal services to
prisoners and their families. We are a legal aid
society, and have many qualified professionals
on hand to assist you.
Please Write:

James Fultz, Inc.
BB & T Building, G130
Asheville, NC 28801

DALEY & ASSOCIATES

U

8

1210 East Park Avenue
Tallahassee, Florida 32301
Phone (850) 224-5823 Fax (850) 222-4045

.r:

ho_.

~
~

R

PH: 407/56800200
Email: FPI.P@aol.com
Wchpage: mcmbcn.mJ.comIfl'LPI""".P

I

or

membm.lripod.comI-I-l'l.P

E'··;

1ft "
~

Attorney at Law

Due 10 I eoncan for our mdcn, die I-l'U' ltalf IIkn c-my
efTOl1to _
thal fPI.1' admliscn IR repoiUIIle and qualified
for lIIe aeMees being offered. We clIMOI personally meet c-my
odmliaer.
thmfOR readm lilt adWed 10 "''"1)'1
penanaIJy COIlIICI adoa1istn for f\lllbu inlormalion Oil their
qualifitllionl lind experience bdOR making I decision 10 hile'an
Illomty or other profeuionaJ aeMCC provider. Readm should
ana' aend lepI docWlIallS to admlism bd_ COIllllCtlng!hem
and receivinS directions 10 ltlId l""h mAterWa.
For tItott wishillg 10 odmlisc in I-·PLP. please: write for nit
inlonnaticn 11 die lilud adQm, Attn:
Admtiling, or conl4Cldle publisher 11:

SUBMISSION OF MATERIAL TO FPLP
8ecaIIsc ofdie Wge \'OIIIII\C ofmail beina reoeRtd by I-."U'.
filllUleil' ccnliderarions, and lIIe inability 10 provide individual
lepI assiSllUlCt. re&dm ahouId nol aend copies of lepl
docwntnls of pmding Ot potmtial wtJ to "1'1.1' wi1hollt Ilnt
having contlered die ,WI' DIld receiving directions 10 send
aame. Ntidlcr f1'U', or ilS staff, IR raponsiblt far any IIIU01icited
material Iomt.
Readen ""' ,equested 10 conrillllt toltnd newl
informarion including ~ cliJIPings (pIcue in<ludt _
of. JlIlltl' and date). lIICIIIOnltdums pbolDcopin of final
decision, in UIlpubli,hed caset. and poltllrial articles (Of public..
lion. Please aend olIIy copies of wcb IIIIltriaIIhaI b DOl ha,c 10 be
mwned. "1'1.1' depends on YOU. ill laden and wppottm 10
keep informed, to thl' e\'tl)'OllC can be infonncd. Thank YOIl
fOt your coopention GIld panicipllion in bdping ID gel the newt
om. YOlIl'dfons an: 8JUlIy apprecimd.

w· :'

o-r"
o

JI~

F.P.L.P. VOLUME 4, ISSUE 6

Page 15
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Floncla Department of Corrections

Florida Corr~ons Comnusslon

260 I Blair StOIlC Rd.
Tallahassee FL 32399-2500
(850) 488- 021
Web ire' www.dc.stale.fl us

2601 Blair tOile Rd
Talluh..,,,,,, FL 32399-2500

1I.,n- 1\ SmglClaJ). S«rctJU)'
(Personal Seadar). Suz.a.nne PO\\dl)
InJOmuhon.
(lnlo On'mar. Kttr) fl:h:k)

--

488-0420

Fiondllinstitutiolllli Legal S"""ces
(Ftonda Prison Action Network)

IIW-e NW 8th M<

Chid'l~orGcnmal

Gwn<s".I1< FL 32601

T..Uah......e FL 32399·2450
(S50) 488-1655

CormuJSIQft Mcmbc:n
Edpr M D!..IIn., Ir , Esq...etwr
K.Ibc' C N dds-,,_ Cbur

Region Il..._

(85O}'82·9533.
(352)95>-2035

Rep<>n III .

(407)24S.otc40

Region IV .
KettiC/O V.•.

(954)202-3'00

Stc\-.:n M

Da\1d F

Aono. PtrI(esICW F 10

"-'"C)'. SbenfJ. WatuU. CCIUdY

..\bn& B l.J.nIa. ~m
GIl')' Rc:vell Ir..fOlTna' PArQlo COI"I'\mlUl_
two • ~ 0UJ00A Cour.ty C«r.mu.uo.'hC:l"
AMon w.,j!.Kc, PruuicnuFlond.l e.-dll~ Prillrulcn,I}.l:,,\

FLORIDA
SUBSCRIPTJO

Florida Resource Qrg..'1nizallons

Web Site \lOW\\ do\.statc.lJ w.18Jl agmo.,es.lo.;
Citizen' iU";utanec Admm...
_ _
Commission Go\'ttMlCrll Accountahlhly
.
1h: Aooch CClfTC',,'1.JonI Comm",IOh U ~ of to the People
.922-6907
Clghl elhzem ,lppc)lntcd by tM ~'emor to U\-cnc:e the:
floridA ~rtmenl of Com:chom" .ad\'uoC lhc g<J\'ttnOC"
Office nf Exccutiyc Clemcnt)"
and leKubtun: on cC'llTtthonal iswcs. and promote publi..:
2601 Ohm Stone Rd
cduulian .aboul lhc: COfT'CCliOfUI ')'Item in Florida The
BidS- C. Room 229
Commmion holds Il:guLar meeting around the ~lc
"hich \he public ~)' aUau! to provide input on UlUCI
TllIlahasscc FL 32399-2450
md proItlam Ioff"cdma the c.om=c:tiONI .)'Item In Florich..
(SSO}lSS-2952
Prisoncn f.amitica .and fric:ncb an:: cncounged to conuet
Coordinator Janet Keels
the Commislioo to advise them of problan uc:u. The
CommlSaion is independent of the FlXX.:' and IJ Intc:rc:alcd
florida ParolcIPrubation Commi..sion
in public pIorticip.alion and commcn1J conccminS the O\'ef.
260 I Blair Slone Rd.• BidS C
IIgbt ofthc: FDOC.

488·7480

(81J)744-K~'S

(850) 488·2272

FlO" (850}l13-9141
EMail-fcon:omta.maildc slnh: 11 us

488-7052
488-9265
InIpO.1ur GcncraJ. fin:<! Sdluknecl1L
Inlcntate Compacts,
487-<1558
Huhh SCf'.-ia:s.
..922-66-15
(Ow-IC$ ~fatthews. MD. Aut. Sec.)
Assist.ant Secretary for- Sc.:unt} Imt. \flUl1gcmcn1
SL'\I\CZnniak.,__ __
4S8·R181
"Unlle Classifiation
488·9XS9
Smtcm:e Strudure..
. 413-9337
Victim Assisbncc: .~. __
.._ 488·9166
Population ~tJL'....
... 488-9166
Regjorul Ofliocs

_

Tallahassee FL 32399-0001

(~50Yll3-9130

COlT~~C Control

Region 1

Office of the Governor
PL 05 Thc Capitol

PRISON

EXP1RATIO??

Please check )'our rn:tiling luhel (or the date that your 5ubsr.rlplion to
FPLP'TiII expire. On Ihe top line "ill be renected a d:ue such a~ ••• 0\'
98- ""'. Thai date indicate, tbe last month of )'our currenl subscription 10
FPLP. When )OU recehe the FPLP iuue for that month, pleaJc renew
)'our subscription immediatel) JO Ihat }OU do not min as issue of FPLP,
Your support through SUbscription donationJ makes publicntion pOl ible
and Is gretuly appreciated, Please lake the time 10 complete tbe enclosed
\'uhscriptinn form In suburihe to or renew your subscriplion to FPLP. If
the ubscriplion form iJ, missing. )'OU mal wrile direclly. cnelo e Ihe
rcquesled donation. 10 SUbscribe.

Ikpannu:nt of La\\ Enforcement
P.O. Box 1489
Tallah..... FL 32302
(850}l8R-7RRO
Web Site, ",wwfdl~ st:llc: 1.I.U\

LEGAL

(352)955-2260
F.." , (352)955-2189
EMati tiht'a afRorg
Web Site \vww~afu.orglfilsl

Families with Loved
ones In Prison
710 Fland= Av<.
DaytolUl Bch FL 32114
(90-1)254-8453

_ EMail" fiip(gJafn.org
Web i... wwwafn.orgl flip
Restomu\·c JasGce Ministry Network
P.O. Box 819

cii:aJ1I FL J<l.l78
(352) 369-5055

Web;

WW\\ .QIM

net

Ernul: lkrn'o:;Sljmn.llel

PERSPECT!VES
~~
'" 11661
d 0::0
..,

FLORIDA
PRJ ON

) £

LEGAL

">',

PERSPECTIVES
P.O. BOX 660-387
CD L OTA. FL 32766

JjtJ

~

r

"

Moving? TraMferred? Pluse complcre the enclosed Address Cbange
atice so chat the mailing Iisc can be updated.
Injurtiu anywh~r~ U a Ih'~aJ to jlLf/ic~ tn·1!IJ'H'hut!. - IUanin LuJh~r King,

F.P.L.P. VOLUME 4, ISSUE 6

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Page 16