Florida Prison Legal
VOLUM.E 6, iSSUE 2

ISSN# I091-8094

MARCH-APRIL 2000

MURDER CHARGED, BUT CONVICTION IN DOUBT
It was Feb. 2, and the breaking
evening news at 5 o'clock was thai two
Florida SI3te Prison (FSP) guards had

been arrested and charged in the bealing death of FSP prisoner Frank Valdes
last July 17, and more arrests were ex-

pected.
By the 7 o'clock news another

guard had been arrested, and by 11
o'clock that nighl Ihe tally of arrests
"'3.S al fOUf.

The four Florida Depanment of
Corrections guards, all veteran and
ranking officers, were Capt. TimOlhy
Thornton, 34, Sgts. Jason P. Griffis and
Charles Brown, both 26, and Sgt. Roben W. Sauls, 37. All fOUf were
charged with a single count of second-degrec murder.

The guards were arrested over a
live-hour period by Florida Depan·
ment of Law Enforcement agents and
booked into the Bradford County jail
on a $100,000 bond. If convicted of the
charge, they each face a maximum sentence of life in prison.
Grand Jury Indicts Guards
The arrests were the result of

sealed indictments issued by a 20member grand jury Ihnt had been convened in Gainesville on September 29,
and thatlllld heard over three months of
wilness testimony concerning Valdes
death. The grand jury had heard from
olher guards, prison administrators, a
former prison nurse who treated Valdes, and expen forensic investigators
from Ihe FDLE.
While FSP is located in another
county. the grand jury was convened in
Gainesville, about 35 miles awa) , after
Stale Attorney Rod Smilh convinced
Circuit Judge Roben Cales Ihal the
move was necessary. Smith argued that
it would be hard to seat an impnnial
jury in Bradford Co. where many of the
people arc on the prison payroll or related 10 a prison employee.
Originally, the grand jury was to
meet only until Jan. 10, but that
changed on Jan. 5 when aUlhorities announced the grand jury would be extended for an indefinite period. Thai
was the same day Ihe grand JUI)' hl!ard
from a prison nurse.
The nurse asked that her name be
withheld by the media because she

fears for her own life in the rural region
around FSP Ihllt is dominared by the
prison industry.
"Please don't put my name in the
paper," the woman said, almost in
tears. "It could put my life in danger.
I've already been harassed. They know
where I live."
Two men had also been subpoenaed to appear before the grand jul)' on
Jan. 5th. They showed up at the counhouse with anomeys, talked with stale
prosecutors, bUI left without being
called to testify. Neither the state attorney nor the men's altomeys would release the two men's names. It is felt by
some, however, thtH the two were
among lhe nine guards suspended following Valdes' death. Some feel this
may have been a turning pain! in what
FDLE invesligators had called a watl of
silence that was credited with holding
up progress on this case.
The other guards that had been
suspended pending the murder investigations are Sgt. Andrew W. Lewis. Officers Dewey Bed., Raymond C. Hanson, Donald H. Stanford, and Sgt.
Montrez Lucas.

FROM THE EDITOR
PRISONS TIGHTEN THE HOLD ON MOllE
NEW TOIlACCO CESSATION POLICY ADOPTED
AROUND THE NATION
NOTABLE CASES
AIlUSE, LACK OF PRIVACY REPORTED IN FLA
WOMENS PRISON
STATISTICAL REPORTS ON FLORIDA PRISONS
FLORIDA PRISON RESOURCES

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4
6
7

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Lucas is already facing charges of
aggravaled banery, battery on an in·
male and using coercion to aller a reo
pon from an indiclment issued by the
1llffie grand jury in November. Lucas is
accused of beming Valdes Ihe nighl
before he was killed and Ihen attempt·
ing [0 cover it up. 1·le was fired by the
FooC the day aner Thornton, Brown,
Sauls and Griffis were arrested for
murder.
The leiter firing Lucas said that on
June 15, a month before Valdes was
killed, Lucas told a group of guard reo
cruilS who he was training that it was
all right to falsify excessive force reo
pons as long as the reports are verified
by others.
The indictment documents charg·
ing the four other guards with murder
wasn'l vel') long. Essentially, il said,
the four "unlawfully and by an aCI im·
minently dangerous to another, and
evincing a deprnved mind regardless of
humltn life ... but withoul intcllI to
kill ... did kill and murder Valdes by
kicking and striking him with lheir feet
and hands."
The day after they were arrested,
Ihe four guards were fired by the
FDOC. Thai same day, after only
spending one nighl in jail, a judge lowered their bond from 5 I00,000 10
525,000 and lhey were released.
Kangaroo Trial?
Tough talk accompanied lhe arrest
of lhe four guards. Tim Moore, commissioner of the FDLE, said thltl the
investigation leading to the arrests had
been long and difficult, but that It will
continue because the prison system
should be held accountable. "This kind
of behavior will not be tolerated,"
Moore warned any few other guards
who mighl.be like-minded.
But Ihe state attorney whose office
will be prosecuting the murder charges,
Rod Smith, said that the guards' trial
will take place in Starke, the small rurnl
town where FSP is localed. There arc
17 major prisons in the FDOC distriCI
surrounding Starke. They provide jobs
10 more than 8,200 people, more than
in any other DOC district in Florida.
Smith offcred no explanation why
he felt an impanial grand jury couldn'l
be found in Starke bUI now believes an
impanial trial jury can be.

F.P.L.P. VOLUME 6, ISSUE 2

Smith may be the only person in Florida who believes a fair lrial can be held in
Starke.
Randall Berg. director of the Miamibased Florida JUslice Inslitute, said, "the
entire prison industry is the leading indus·
ny of thai area. It's going 10 substantially
lnnuence the eventual oUlcome oflhe nial
no mailer how careful the judge and the
stale allorney might be." Some prisoner
advocales have questioned how hard
Smith will prosecute this case, aner all, he
is running for the state Senate position in
the same area that is so economically de·
pendent on Ihe prison industry.
Other legal expens say geuing a conviclion is going to be difficult in any loea·
lion. The jury is going 10 sympathize with
Ihe guards. just like they do when a police
officer is accused of killing someone, says
Bruce Winick, law professor al the Un:·
versity of Millmi.
"The jury is going 10 hate [Valdez].
Who was on dealh row any way," said
David Rothman, president·elect of the Fla.
Assn. of Criminal Defense Attorneys.
What may happen is a repeat of a
similar case in South Florida last )ear,
claims federal prosecutor Doug Molloy
and slale prosecutor Bob Howell. In Janu·
ary 1999, they prosecuted seven FDOC
guards on charges they had brutally beal
and tonured prisoner John Edwards. Edwards was in prison for murder, serving a
life sentence. lie died after severnl days of
abuse \\hen he cut his wrisls.
Guards lestified that Ihey and olhers
among the seven had beat and tortured
Edwards, an IiIV-positive prisoner who
had bit a guard then taunted thaI he would
get AIDS. The guards also testified thlll
they watched their supervisor pull hairs
out of Edwards chest and legs_ saying,
"Oh, I bet Ihal hurts," as Edwards lay
strapped 10 a Sleel bunk, bleeding 10 death.
In that case, prosecutors had a wealth of
evidence: Ihree eyewilness guards, photo·
graphs, medical reports matching Ihe
guards leslimony. BUI, all seven guards
were acquiued "Not because of lack of
evidence," said Molloy, but because after
they jury heard all aboul Edward's crimes
that put him in prison, and his dernonil.ation by the defense learn, Ihey didn't see
him as Ihe victim.
Possible Defense
It's not going to be hard to demonize
Frank Valdes 10 a jury of law-abiding cili·

FLORJDA PRISON LEGAL
PERSPECTrVES
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Page 2

zens. Valdes had a death sentence and
had been on death row since 1988 waiting to be executed, for, of all things, kill·
ing a prison guard.
In 1987, Valdes and William Van
Poyck had auempted 10 help prisoner
James O'Brien escape as he was being
transported to an outside doclor by two
prison guards. When guard Fred Griffis
refused to give up the keys to the locked
van, he was shot and killed. Valdes and
Van Poyck were subsequently caught and
convicted and sentenced to death for the
crime.
In repons filed by the guards nfter Val·
des' death, they claim that the day before
he died, he had threatened 10 kill another
guard. They claim tlul( on July 17. when
they came to move Valdes to another cell,
he put up a fight and had to be subdued.
but he was physically okay after the niter·
calion.
Later, however, the guards claim, Val·
dez began throwing himself off his bunk
and the bars of his cell door onto the con·
crete noor. Later, they claim. when be
was checked on he was dead.
After the FDLE was called in, an autopsy revealed Ihat every rib in Valdez
body was broken, he had boot marks all
over his body and face. and his testicles
were crushed and swollen. His death was
ruled a homicide, from blunt force
trauma.
Yet, it has been speculated by some
experts that the guards may claim a justi·
fiable use of deadly forcc. a dcfense recognized by Florida Law where a person
believes such force is necessary to prevent "imminenl death or greal bodily
harm on himselr' or threal of death 10
another.
Or, in Florida. homicide may be excusable when it results from an accident or
misfonune in the midsl of performing a
lawful act by lawful means, without an
intent to kill.
Florida Law also recognizes, however.
that a person can defend himself when an
officer uses excessive force in making an
arrest The prosecution may argue that
Valdez was afraid to come out of his cell.
II is fairly well established that for almost
IWO weeks before his death some of these
same guards had been dragging prisoners
from their cells on X-Wing and brutally
beating them. [Sec article this issue,
"Hamilton Five Sentenced."j
Premeditation

F.P.L.P. VOLUME 6, ISSUE 2

What jurors may never hear in this case
is the simple, uncomplicated truth. There
was no mnn on Florida's death row more
hated by many of the guards who worked
Ihere than Frank Valdes. 1'0 them, he had
committed the ullimnte crime - he had
killed a fellow prison guard. The fact Ihat
Valdes was alive can easily be imagined
to have been a personal affront to such
guards.
"11051 count of the nllmber of limes thai
I personally heard guards tell Frank that
he would never sit in the electric chair,"
said another death row prisoner who
knew Valdes. "nley were constantly lcll·
ing him that they werc going to kill him
first."
Just days before he was killed, Valdes
wrote in a notc to another friend on dealh
row that some of the same guards now
charged with his murder had, again, wid
him they were going to kill him.
When Valdes became outraged at the
day-after-day beating of other prisoners
on X-Wing and spoke out against the
abuse, the guards, psyched to violence
from the beatings, went in Valdes' cell on
July 17 with one intent. They swarmed
onto him nine deep. they handcuffed and
shackled him, then cravenly. calTied out
what Ihey had threatened all those years.
"They kept beating him. beating him. A
lot of bumping going on. Then il got real
quiet, real still. I kncw he was messed up
pretty bad because they bent him nbollt 10
minutes. He's going 10 speak his piece
whether hc's gelling whooped or nOlo Ollt
he wasn't saying anything. I knew then
Ihey had messed him up," snid Willie
Mathews, one of the X-Wing prisoners
that Valdes was lrying to stop the gunrds
from beating on when they turned on him.
"His Number Will Come Up"
Court records released Feb. 17, two
weeks after the four guards were alTested
for second-degree murder, raise even
more questions about the premeditation in
this case.
According to sworn statements of an·
other FSP guard, Kevin Porter, he overheard MOnlrez Lucas concocting Ihe story
about Valdes causing his own injuries
with Cap!. Timothy Thornton - the night
before Valdes was killed.
Porter told prosecutors that Lucas called
Thornton on July 16 after Lucas hod beat
Valdes the first time. Lucas told Poner
thaI Thornton had told him that Valdes'

"number will come up." The story that
Poner says he heard Lucas and Thornton
concocting to explain Valdes' injuries
from Lucas' assault is the same story
used by the guards charged with Valdes'
murder to explain his injuries the day he
died.
In the sworn statements, when Stale
Anomey Rod Smith asked Poner what he
thought Thornton meant about Valdes'
number coming up, Porter explained,
"Another officer mighl take a grudge or
something like that ... and Ihen instead of
doing something then, they'll wait until
some other time,"
Porter's stalements, statements from
other prisoners and guards, and a second
autopsy repon that had been obtained by
Valdes' family, were included in Ihe 250
pages of records made public on Feb. 17.
Poner told prosecutors he was scared tes·
lifying against other guards, indicating he
was afraid for himself and his family.
Poner, 32, had only been working at FSP
a few days before Valdes was killed. He
is nOI among those suspected in Ihe
death.
Also in the released court records was
revealed that guard Charlie Griffis told
investigators, after denying it at first, that
he was present when Lucas beat Valdes
the first time, the night before he was
killed.
Griffis said Lucas handcuffed Valdes,
then slapped and punched him in the face
several times. Griffis said Lucas told him
to stick to the story that they never went
in Valdes' cell.
The autopsy repon oblained by Valdes'
family found thaI Valdes' had dozens of
broken bones, including 22 broken ribs. a
broke jaw, nose and clavicle. He also had
severe contusions of the face, trunk and
extremities; bruises to his hean and internal organs; and deep muscle hemorrhages. That repan concluded Valdes'
dealh was a homicide, thai Valdes was
beaten 10 death by several assailants.
State Anomey Rod Smith said that he
expects that the trial of the four guards
charged with murdering Valdes will be
held before the end of this year.
[Sourec' Flonda Times-UnIOn, 213100. 214/00.
2I11lIOO. MIami. Herald. 11fiIllO. 2141'00. 2IMlO. SI
I'clcrsbutg TImes. 2I4fOO; Tampa Tnbune. 7(28199.
.....I\nesses. COllespondencel •

FROM THE EDITOR
Greclings, and welcome to a nelY

Page 3

issue of FPLP. Regular readers will natice as they go through this issue that it
contains more graphs, charts and statistical information than is normally ~ed
in one issue. That is the result of the Flor- .
ida Department of CorrectioJis (FDOC)
and the Florida Corrections Commission
(FCC) having released their annual reports for 1999 later than usual, both were
received in January 2000. We have highlighted in this issue some of the most interesting and perhaps useful information
from those reports.
The FCC's 1999 annual report was
especially interesting this year. The Commission performed detailed examinations
of the following topics in its report: Elderly Prisoners; Special Risk for Correctional Probation Officers; Recreation!
Wellness Items as Population Management Tools; Inmate Abuse of the Grievance Procedure; Female Offenders;
Youthful Offender Program; FDOC Distance Learning Program; Funding for
Education Vocational Programs; Impediments to Post-Release Employment; and,
Prison Industry Enhancement (PIE) Program. The FCC's report is 374 pages of
. discussion, statistics, and ,recommendations.
While we cannot possibly cover all
the material in those reports, we believe
they are important information sources to
those who wish to know what is occurring in the FDOC and in what direction it
may be going in the future. Both of those
reports are available on the Inte~et where
they can be down loaded and printed. The
FDOC 1998-99 annual report is at:
http://www.dc.state.fl.us/pub/. The FCC's'
1999 annual report is at: http://www.fcc.
state.fl.us/reports. Annual reports from
past years can also be found at those sites.
Recently the staff has received some
letters questioning the lateness of the last
couple of issues of FPLP. As more prajecls have been taken on the staff has had
less time to' get the newsletter out The
last few months have been more hectic
than usual with all the attention being focused on' the FDOC. Many issues have
come up that had to be addressed by the
staff. And the staffhas had to devote time
to preparations for the April 12th rally in
Tallahassee. Once past that, every effort
will be made to get the newsletter back on
its timetable. Please be patient
Much thanks goes out to those members who responded with contributions t.o

F.P.L.P. VOLUME 6, ISSUE 2

help fund this year's rally in Tallahassee. only for three quick showers a week and
As of the 1st of March·about $700 in ex- three hours in an outdoor cage that, extra donations had come in, which will cept for its razor wire roof, looks identihelp fmance a good rally. It's not too late cal to a dog kennel. Increasingly, this is
to make an extra donation for those mem- the modem picture of incarceration.
bers who haven't recently. FPLAO is
In Florida and in a majority of states,
your organization; your help is needed to prison systems are turning to solitary
help the organization grow. And we have confinement and severe segregation to
a lot to do this year.
. manage their growing prison populations.
The FDOC has also indicated in a With lawmakers mandating longer Sendraft of new visiting procedures that all tences, prison administrators can no
visitors over II yrs. old may shortly be longer offer time off inmates' sentences
required to give the FDOC their S.S. as a good behavior incentive. Instead,
number or not be allowed to visit prison- control is often maintained by putting
ers. We will be strongly opposing that consistent troublemakers into cl>nfinerequirement if the FDOC moves to adopt ment for years at a time.
it We are also very concerned that the
. When Florida State Prison inmate
draft indicates that family visiting privi- Ffank Valdes died after an altercation
leges and the restriction on same my be with guards in July, the spotlight hit Florused to punish prisoners for behavior un- ida's most notorious confinement" unit related to visiting. We will be fighting X Wing, where Valdes resided. But X
that also if an attempt is made to adopt Wing is only part of II trend in confinesame, We will keep members informed ment in Florida.
on this new anti-family move by the
The number of inmates on "close
FDOC.
management" - Flori~a's term for near
That's it for this issue. Remember to -perpenial lockdown - has more than tripass your copy of FPLP around to others pled in the past four years, from 1.009 in
and encourage them to get involved by mid-1995 to 3,176 in mid-I 999.
becoming a, member. Prisoners, encour-.
Corrections officials say the result
age your people to attend the rally in Tal- has been safer prisons for staff members
lahassee April 12. -Bob Posey.
and most inmates, and they expect to see
the numbers continue to increase graduPRISONS TIGHTEN THE
ally.
But the trend remains controversial
HOLD ON MORE
among both civil libertarians and correcby Adam C. Smith
tions officials, including those in Florida.
Experts
worry about states embracing
"The system here is rigid, strict and
this
budding
new correctional standard
hopeless solitary confinement," Charles
with
little
solid
research into its longDickens observed in 1842 after visiting a
Philadelphia prison. "(The prisoner) is a term effectiveness. They worry about the
man buried alive...dead to everything but toll confinement takes on inmates who in
torturing anxieties and horrible despair." . most cases will wind up back in society.
One or-them is Frank Lowry, a 29Now flash to the end of the millennium in E-dorm at Hardee Correctional year-old inmate at Santa Rosa CorrecInstitution in Bowling Green, Fla. In cell tional Institution who has about two
2111, a thin, graying man pegged as a years left of his 12-sentence for atchronic troublemaker sits expressionless tempted murder. Lowry, who since 1995
in the room where he spends 23 hours a has spent all but 21 days alone in a
roughly 60-square-foot cell, is one of 13
day with almost no human contact.
"You a psychiatrist? Only a machine .Florida inmates the St. Petersburg Times
can analyze me," inmate Robert Walden contacted by 'mail about close manageshouts after spotting a visitor peering ment conditions.
"Your mind turns in on itself. You
throuih his narrow window to the outside
literally
talk to yourself, and the frustraworld. "Only a machine can analyze a
tion makes you punch the door and
human being!"
Walden, a 53-year-old murderer, has walls," wrote Lowry, a plaintiff in 'a
spent 13 months in this 6o-square-foot pending federal class-action suit cbaroom of concrete and steel. He leaves it Ienging Florida's confinement practices.
"I've seen guys slice their wrist, their

Page 4

arms and their necks. I've seen guys bite
chunks out of their arms trying to sever
the main veins. I know guys who would
swallow bed springs, \9oth brushes, strips
of Coke cans, nails, razor blades. pens,
pencils - anything that will puncture their
insides just to get away from the CM
cells."
Pendulum s.....ings back
America's prison systems have been
down this road before. Extended confinement was standard practice for convicts
in the 19th century, until authorities began seeing increasing evidence that it
caused severe psychological damage.
The U.S. Supreme Court sounded an
alarm in 1890, noting that in extended
confinemenl, "a considerable number of
inmates fell, after even a short confinement, into a semi-fatuous condilion from
which it was next to impossible to arouse
them, and olhers became violently insane;
others still committed suicide; while
those who stood the ordeal better were
not generally reformed, and in most cases
did not recover sufficient mental activity
to be of any subsequent service 10 the
community."
Long-term confinement fell out of favor for much of the 20th century, and by
the 1960. an emphasis on rehabilitation
began shuttering prisons where the "worst
of the worst" were concentrated.
Now the pendulum is swinging back.
Over the past decade, in response to political support for tougher prisons, to
stiffer sentencing and to the perception
that inmates are more volatile than ever,
prison systems are opting to maintain order by removing the most difficult inmates. Whether called "supermax" prisons, "control unit" prisons or close management, extended confinement facilities
are in usc or being developed by at least
35 states.
"We certainly don't have any big desire to lock inmates down and keep them
locked down....(But) when you're able to
isolate these inmlltes from the general
population, tben you arc able to have a
much more open situation for the rest of
the inmates in the system. They're not
having to worry about assault or watching
their backs," said Stan Czcrniak, Florida's assistant secretary in charge of institutions.
At Hardee Correctional last week, 53year-old James Ables said the growing
use of close management has been noth-

F.P.L.P. VOLUME 6, ISSUE 2

ing but an improvement for inmates such
as him in the general population.
"Moving some of these people into close
management makes things a lot calmer,
more in control," said Ables, a murderer
who has spent 26 years in Florida's prison
system.
Chase Riveland, a former corrections
secretary for Washington state who has
studied extreme segregntion facilities
across the country, said he has found little
besides anecdotal evidence of their effectiveness.
"Many jurisdictions are rushing into
this trend without the knowledge of
whether it actually cremes safer institutions and \yithout the knowledge of what
it does to people being locked down 23
hours a day, seven days a week in very
austere conditions," Riveland said, noting
that segregated units are also much more
expensive to operate and build.
Craig Haney, a psychology professor
at the University of California at Santa
Cmz who specializes in the psychological
effects of incarceration, has studied hundreds of inmates on extended segregation.
Dcpending on Ihe person and the duration
of confinement, inmates fall into deep
depression, lose their ability to interact
with others or lose all control. "There's a
very tiny percentage of people with psychological problems when they enter this
environment who do not become immediately worsened," Haney said. "Even when
they have not manifested any of the extreme things, they become pathologically
dependent, because they've basically
.When
been in suspended animation.
they gct out of there, it becomes extremely difficult to gel back into the normal relations of their life. That happens
even to the healthiest people who spend
time in the environment."
Temperatures soar
Florida inmates and their advocates
describe close managemenl as nothing
short of hell.
They allege frequent mental or
physical abuse by guards. They tell of
summer tcmperatures reaching above 100
degrees, surrounded by the stench of feces, urine, body odor and, periodically,
chemical agents used to force unmly inmates into compliance. They recount a
constant stmggle to keep their minds
clear, and amid perpetual boredom, a
never-ending build-up of anger. Some say

they bide their time plotting revenge.
"Nobody can understand what the real
meaning of hatred is unless he has been
there," said Lawrence Sargent, who has
been on close management for about a year
at Martin Correctional Institution.
Conditions vary from prison to prison,
but typically close management inmales
live in cells of63 square feet. They include
a bed, a steel toilet and sink, lind a metal
footlocker bolted to the ground. Windows
to the outside are often covered by fiberglass panels that allow light but no views.
There are no televisions or radios, so inmates unable to read are left only wilh
their thoughts.
The state has three levels of close
management, and a stated policy of assigning inmates to the least restrictive level
appropriate. The tightest level puts inmates
alone in a cell for up to 37 months, though
inmates unable to remain infraction-free
frequently wind up there longer. Florida
inmates have remained in confinement for
as long as 12 years.
In prisons where talking is allowed,
close management convicts report the
noise level as constant pandemonium screaming, arguments, people threatening
to kill each other. Where a no-talking rule
is strictly enforced, they say they typically
hear only the sounds of unstable men talking to themselves or banging on \Valls, or
homosexual activity if the wing has t\Voman cells.
A "solitary Rubik's cube" is how convicted armed robber Antonio Ward e,"Cplains his life on close managemen! at
Baker Correctional. "This is tmly psychological warfare, and I'm bauling every day
to keep my mind nonnal and my behavior
reasonable."
Inmates on the strictest level of close
management - serious assaulters, shankmakers, escapists and the like - are allowed
to check out one book a week, to subscribe
to a newspaper, and after 90 discipline-free
days, to be escorted in handcuffs and
shackles for a non-contact visit with family
members.
The lesser levels of close management
are two-person cells, where inmates who
stay in line are supposed to remain either
up to 25 months or 13 months. On these
levels, discipline-free inmates are occasionally allowed outside their cells for
closely monitored work assignments.
Only a handful of states have severe
segregation units with shllIed cells, and the

Page 5

praclicc raises n question. Which is
worse: perpetually locked up for months
or years in a cramped cell with someone
else or alone?
Most of the medical research has focused on extended solitude, but some authorities are equally troubled by the impact of locking two people vinually faceto-face for extended periods.
';Imagine two men locked up for at
least 23 hours a day in an area where one
of them can't even pace unless the other
one escapes to the bunk. It becomes intolerable, unbearable," said Dr. Stuan Grassian, a psychiatrist and faculty member at
Harvard Medical School who has extensively studied the effects of isolation.
Riveland, nOling Ihol Califomia also
doubles up inmates in segregation cells,
questioned whether that defeats the premise of these units. They are supposed 10 be
only for the most dangerous and violent
priwners. If IWO of these inmates are
stuck logelher day after day, hour after
hour. he said, "You're either creating a
vcr)' dangerous situation, or you're putling the wrong people in that selling. Or
both."
As of mid-1999, Florida had 3,176
inmates on close management but nearly
3,960 close management bed$ availablc.
Czerniak. the assislant secretary. said that
shows how cautiously the system sends
inmales into the extreme conditions of
close management Less than 5 percent of
Floridll prisoners live in long-term confinement.
Omecrs feel sufer
The Department of Correclions allowed a Times reporter and pholographer
to lour one its close mllnagemenl prisons,
Hardee Correctional, about 75 miles
southeast of Tampa. Citing security reasons, they would not allo..... interviews
with close management inmates, but thcy
produced two general populalion inmales
for interviews.
"Mentally. a lot ofpcople can't handle close management, but it helped me
become more peaceful," said 28-year-old
Milton Devine, ajunior high dropout who
al age 15 was convicted of murdering a
Tampa cab driver. Devine spent 40
months on close management at Hardee
and said, "Now that I got a tasle of il, I
know it's nOf a place I want to go back
to."
Hardee, a 9-year-old complex of two-

F.P.L.P. VOLUME 6, ISSUE 2

story butterfly-shaped donnitories, is nOI
among the prisons cited in the pending
c1ass-aclion suit over close management.
On the tour, it was considerably less grim
than the units described by inmates elsewhere - clean, no stench, no bedlam.
At midday, inside the two-man close
management cell, most of the inmates
were lying on their bunks in silence,
sheets pulled over their heads. A few read
books or newspapers. Some simply stood
facing blank, beige walls.
In Ihe single-cell units, prison
staffers slid lunch trays through slots in
the solid melal doors. Aware of the rare
presence ofa civilian, most of the inmates
stood somberly at their doors peering out
the narrow, thick glass windows. A few
tried to speak but were ordered quiet by
officers.
Officers said they feel safer with
chronic troublemakers isolated. They acknowledged seeing some close management inmates plunge into depression or
instability, but insisted those are identified and, when necessary, transferred to
prisons with appropriate psychiatric services. They shrugged ofT the question of
isolation causing long-term damage 10
men headed back into society.
'There's no question it prevents a 101
of violence. but what's the cost?" won·
dered John Burke, the depanment's deputy director of prison hcalth services. "I
don't know how you wouldn't usc
(confinement) with some of the guys
we've got in there. The difficult Ihing is
when is enough? When do wc sIan im·
pacting their mcntal heallh?"
"We don'l know thc answer."
Adam C. Smith is a stafT writer with the
SI. Petersburg Times. This article originally appeared in the Times on 1215/99.
Copyrighl SI. Petersburg Times 1999.
Editoc the abo'e &/tICIe f~lIl} prcsc:nl5 mlUl) lIS'
p«15 ofthc: senSOf)-depnvlng conlincmcnllo ~hlch
close manllgcmCIll pflsoner arc sub.JCCled II should
be clarified. lIo\<oe\Ct. lhal CM COflfincmCIll is 24
hours a lb.}. nol 2J The: Ofll} cxCCpllon ,s one 2
hour OUldoor e>tercise penod a "eek and three
s.howers The e:l;ercise period ClU\ be \<ollhhdd.lIow.
ncr. aI d1c: discretIon of lUI} gUllrd b} piKing :!
prisoner on \<ohM.rs ltmICd)wd suspension lin
It 's also lIUC thaI eM 's flO( onl)' usc:d on
-consistc:rll uoublcmuCl'l. but IS also used b), pnson
offiCIals 10 mUlZlc pnsoncn I'M file Incvanccs or
lawsu,ts to ch:l]lenge \lit:!1 lhq feel arc vloIallOl'lli
by staIT. Other pnsoners :tte often subJccted to CM
for mll'lOl" lnf~ uodcr d1c: \~ and lUbllTW)
mlC/u for eM placement
One: uaxI DOled b) some pnlOIlCrS IS that IS

appem ~I iiomc lllliUIUUonS \<ohile prisonell lUe
placed on CM for Iwer Infractions lh:lll black ptls·
oneil so the T1ICC muo in CM is flO( o,·tNhelmlnl

btack
One of Ihe firsl thinll5 cornmmlcd on by prisoners"M t know Ic:.d the abo,'c anidc: was thai d1c:
Timcs' rcponm WefC only IlIl0wed to spc:U: III POPUlalion prisoncl$ hlUld·pickcd by prison salT. bp •

HAMlLTON FIVE
SENTENCED
In the last issue of FPLP it ....'IlS reponed thai Willie Mathews, one of the
five prisoners charged with assaulting
prison guards at Hamilton Corr. Inst. lasl
July 3, had filed a law suit over the abuse
and beatings he subsequently suffered following Ihat incident.
After that issue had been laid-oUl it
was leamed that on January 14. Mathews
and the four other prisoners, Sirlathian
Cross, Anthony Howard, Derrick Boykins
and Charles Jerry, had been sentenced to
additional prison tenns for assaulting the
Hamilton C.1. guards.
Mathews, 26, received a 3D-year sentence. Cross received a five-year sentence
and the three other prisoners were also
sentenced to additional unspecified tems.
(Sourcc Sun Sentinel. 11161001 •

NEW TOBACCO CESSATION
POLICY ADOPTED
In accordance with a law passed in
1999, after January 1,2000, the use of toboceo products was prohibited inside any
Florida Depanment of Correction's building, except for staff housing and death row
unils. The law applies equally to prisoners
and DOC staff. A provision of that law
also requires that tobacco cessation assistance be made available to prisoners who
desire same.
In response 10 the tobacco cessation
assistance provision, the DOC issued a
new Procedure Direclive. 403.002, on
Dec. 7, 1999, creating a new "Tobacco
Cessation Progmm."
This new program involves a twO
phase treatment plan whereby prisoners
wishing to quit using tobacco can receive
both group suppan and nicotine patches
and pharmaceuticals - such as Zyban or
Wtb Pagt Addrcss:
hllp:l/mtmbtn..lIl.tomlfplplrplp.html
[.malt Addrw: rpl~ol.com
Ttltpboat: (0601) 568-0200

Page 6

Wellbutrin.
One catch to the new program thar
likely will discourage most prisoners
from participating is that they will be required to pay for the nicotine parches that
must be prescribed by a doctor. Indigem
prisoners unable to pay for the patches
will have liens placed on their inmate accounts and any money they might receive
will be taken to reduce the lien. The support groups and any phamlllceuticals prescribed will not be charged for.
Prisoners on work release will not be
able to participate in the tobacco cessation program and must arrange and pay
for any tobacco cessation assistance they
desire from the private sector.
However, prisoners in confinemenl
will be allowed to participate in a modified fonn of the cessation program.
A Copy of the Procedure Directive
outlining the new program should be
available in all institution libraries. •

positive prisoners, but Mississippi and S.
Carolina have now adopred similar poli·
cil:s.
California - Veteran state prison guard
Dennis Leroy Annstrong, 48, charged
with having sex with female prisoners at
the Northern California Woman's Facility
in Stockton, pleaded no contest to two
misdemeanors on Aug. 10, 1999. By cntering into a plea agreement he avoided
the maximum penalty of one year in jaiL
He was senlenced 10 probation and 160
days community service.

Connecticut - A femalc prisoner being
transported in a sheriIT's van on Aug. 18,
1999 claimed shc was raped after four
male prisoners tore down a metal partition
in the vehicle to sexually assault her.
"These things happen in this type of busincss," said New Haven Co. High Sheriff
Frank J. Kinney III. The two deputies
who
were 'driving the van remained on
AROUND THE NATION
by Mark Sherwood
duty.
- State utility regulators began investigatAlabama - The revival of chain gangs in ing the high cost of telephone calls flCAlabama four years ago, partly to dis- cepted by prisoners families in Dec. after
courage crime by showing how miserable receiving numerous complaints. CT prisprison could be, has come to a quite end. oner are allowed to make three, 15 mm.
Stare prison officials in Montgomery said collect calls a day, which cost the recipithey have closed down the last group of ents from S2 to $6 per call. Each call inshackled inmares because they need more cludes a $1.99 surcharge and Mel Worldguards inside prisons. Corrections' Com, which has the prison contract, pays
spokesman Tom Gilkeson said the finnn- the state 45 percent of the cost of all calls.
cially strapped department needs 300 ad- The contract earned the state $4.8 million
ditional officers inside its lockups and last year.
cannot spare employees to accompany
medium-security inmates on roadsides. Florida - On October 13, 1999, Broward
Before ending the detail, Limestone Cor- Circuit Judge James Cohn held assistant
rectional Facility had been sending 320 state attorney Alberto Miliam in contempt
inmates on 10-hour days picking up !iller of court and fined him $500 and ordered
and underbrush along highways while him to pay S2,600 in court costs. Judge
wearing chnins around their ankles."The Cohn found that in August, 1999, Miliam
revival of chain gangs in Alabama led had assaulted criminal defense anomey
Florida, Arizonn, Wisconsin and Iowa to Ty Terrell in a hallway outside the courtadopt refonns of the leg-ironed work room where the two men were trying a
crews.
robbery case.
- The U.S. Supreme Court fumed down - Since 1940,420 convicts have escaped
an appeal by prisoners in AL on Jan. 18 from stale prison facilities and have never
that had sought ro challenge II recent rul- been caught, the Tampa Tribune reported.
ing by the federal appeals court in Atlanta The 408 men and 12 women, some esthat held that the AL DOC can segregtlte caped murderers, rapists and anned robhundreds of H.J.V.-positive prisoners bers, could now be in their 90's according
from fhe general prison population. AL to the Department of Corrections.
was the only statc segregating its H.I.V.-

F.P.L.P. VOLUME 6, ISSUE 2

Georgia - The U.S. Supreme Court ler
stand Georgia's refusal to provide law·
yers for death-row prisoners who challenge their sentences through civil law
suits. On Tuesday, the high court, withour
comment, declined to consider the case of
Exzavious Gibson. In 1996, Gibson became the first prisoner in modem history
of the death penalty to be denied a courtappointed lawyer in a habeas corpus lawsuir. Habeas lawsuits attack the constitutionality of sentences and convictions aftcr direct appeals are exhausted. Georgia
is thc only state in the country that does
not provide lawyers for death-row prisoners during this process. Since 1976 more
than half -113 of221- of Georgia's capiIIlI cases affinned by the slate Supreme
Court have been overturned during habeas corpus review the Southern Center
for Human Rights said in its brief to rhe
high coun. "It is doubtful that the hannful
errors in any of these cases would have
been detected and proven in rhe absence
of counsel," the center's director Stephen
Bright said. Gibson was convicted in
1990 of killing Douglas Coley an Eastman grocer.
Iowa - State corrections officials are accusing prisoners of causing prison overcrowding by passing up early release to
avoid reporting to a parole officer. Of the
4,600 prisoners released from prison last
year, 782 or 177- served their entire sentences. Corrections officials now want the
state to require all prisoners to report to
parole officers when they leave prison,
saying prisoners would stop dodging
early release.
Kentucky - The House Judiciary Comminee approved a bill that would expand
the so called "Megan's Law" by posting
the names, pictures and addresses of convicted sex offenders on lile internet. For
most violent offenders, the infonnation
would be posted for the rest of their lives.
For others, the data would be accessible
for 10 years.
Massachusells - Coy. Cellucci has proposed a prison work program in his $21.3
billion budgct that would allow fanner

Page 7

prisoners to file for worker compensation
and receive unemployment benefits when
Ihey're released from prison. Under the
plan, private companies would contract
with Ihe stale Department of Corrections
to employ prisoners in manufacturing.
assembly and other jobs.
Missouri - Aboul 2,100 prisoners who
claimed they were abused while housed
in Tesas jails will share a 2.2 million seltlemenl in a lawsuit sparked by videotllpes of guards beating and kicking prisoner. The lawsuits were filed by prisoners selll from Missouri to Texas from
1995 through 1997 under the Texas Cell
Lease Program. The prisoners will receive damages based on the severity of
their injuries.
Nebraska - Medical care for Nebraska
prisoners is riddled wilh indifference and
inept staff and sweeping changes arc
needed, says a report from the Stllte Ombudsman's Office. The 114-page report
was the culmination of an investigation
that began more than a year ago after a
physician crilicized the response of corrections medical staff to a prisoner who
died.
New York - A federal judge in Rochester
helped close the final chapler on the nation's deadliest prison riot Tuesday,
January 4, 2000, awarding $8 million to
1,281 prisoners tortured during the Anica
uprising. The state also has agreed to pay
£4 million in legal fees to lay to rest the
1971 prison siege that left 11 guards and
32 prisoners dead and became a symbol
of excessive government force. State poljce launched an all-out assault on the
maximum-securilY Anica Correctional
Facility near Buffalo on Sept. 13, 1971,
the fifth day of the uprising, firing more
than 2.000 rounds of ammunition in six
minutes. But even after the riot was
quelled, prisoners described days of retaliation when they were forced to nm
and crawl over broken glass. One prisoner was sodomized repeatedly with a
screw driver. Frank "Big Black" Smith, a
Queens residelll who helped lead the revolt and now works as a paralegal and
mental health counselor, was forced to lie

F.P.L.P. VOLUME 6, ISSUE 2

nllked on II table while gUllrds assaulted
and burned him. "I feel really good," Smith
slIid after spending the day in Rochester to
witness the settlement proceedings. Smith
said he doesn't care much about how large
a share of the S8 million settlement he
wins. "Whatever it is, I'm satisfied with
it," he said. "The main thing is, I don't
have to worry about me just having $4 million and no one else getting anything."
- Warith Habib Abdul WIIS freed in Sept.
1999 after serving 17 years on.a wrongful
rape conviction. He was cleared by DNA
tests and ordered released by a federal
court. His lawyer cited improper police
tllctics that included prompting the victim
to identify Abdul months after the rape
when she was initially unable to do so.
- Prison officials in NY were worried in
Dec. when word got out of a planned and
organized strike by prisoners at several
prisons in protest of stiffer release guidelines for parole. leaflets entitled "Wake
Up," detailing grievances about the parole
system, were being circulated at several
prisons calling for a strike. Prison officials
reacled by punishing any prisoner caught
with the leaflet, plllced Green Haven and
Sing Sing prisons under lockdown, and
moved at least 85 prisoners from Green
Haven, which was believed to be a hub of
the protest.
- Four Westchester County Jail guards
were charged with sexual abuse charges
Jan. 26. The charges against the four male
guards in the women's housing block in·
cluded raping and sodomizing female prisoners and forcing them to strip in exchange
for medication. The count announced a
plan to require only female guards in the
female prisoners' living qunrters. which
the guard union said it would file suit to
block.
Ohio - About half the Mahoning County
Jail prisoners arc expected 10 be freed because of security concerns caused by
planned layoff of 110 sheriff cmployees.
Sheriff Randall Wellington is waiting for
U.S. District Judge Peter Economus to give
him guidelines on whcn and how to start
freeing 240 of the jail's 470 prisoners.
- The OH DOC dropped plans to build a
new S82 million prison in Feb. because of
a drop in the number of people going to .

prison in that stale, OH had 46,480 prisoners in Feb. 2000 as opposed 10 over
49,000 in 1998. The system is still overcrowded, the capacity for OH prisons is
36,750.
Pennsylvania - Pittsburgh dislrict Judge
Gigi Sullivan, 38, was indicted on OCIOber 22, 1999 on charges that she shot heroin, snorted cocaine and abused prescription drugs in her chambers before hearing cases. She is also accused of dismissing charges against her supplier, Donald
Geraci, in exchange for drugs.
Rhode Island - Former state prisoner
Allen Johnson won a $275,000 jury
award on Oct. 7, 1999; he had sued the
DOC and a prison guard for failing to
protect him from II 1994 attack that left
him disfigured. Johnson claimed Ihat the
guard had allowed prisoner Jeffrey Link
to carry out the assault.
(COrlfln"tdOrlpa~

/J)

PRISON LEGAL NEWS
"Perhaps the most detailed joumlll
describing Ihe de\'elopment of prison law is
Prison Legal Ncws." .- Marti
l'liken,
Director Prison l.aw Project of the
Nlllion:1l Lawyers Guild.
PLN is n 24 page. monthly magazine,
published sincc 1990. ediled by Washington
stale prisoners Paul Wright and Dan Pens.
Each issue is packed with summllTits and
anlllysis of recent court rulings dealing with
prison rights, wrillcn from a prisoner
perspectivc. Also included in each issue are
news articles dealing with prison-related
struggle and activism from the U.S. and
around the world.
Annual subscription rntes arc $1 S for
prisoncrs. If you can', alford to send $15 at
oncc, send III lcast $7.50 and we will pro-rute
your subscription at 51.25 per issue. !'Iease
send no less than $7.50 per dOmltion. New
(Unused) U.S. postagc stamps may be used llS
payment.
For non-incarcerated individuals. the
subscription rate is S2Slyr. Institutional
subscriptions
(for allOmtys. libraries,
government agencies. non-governmenlal
organi1Jltions. ctc.) arc S60!.yr. Sampte
copies are aVllilable for SI. Contllcl:

Prison Legal News
PMB 148
2400 N. W. 80th SI.
Sealtle WA 981 17

Page 8

THOMAS E. SMOLKA
ATTORNEY-AT-LAW
3126 W. CARY STREET, SIDTE 122
RICHMOND, VIRGINIA 23221-3SG4
TELEFRONE (104) 644-4468

E-MAIL tesmolka@worldDltC.art.Gd

ANNOUNCEMENT
Thomas E. Smolka is proud to announce the establishment afhis law practice in
Richmond. His practice areas include: Criminal Defense Law, Appellate Criminal Law,
Post-Conviction Relief, Major Civil

Litigatio~

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

Ayenue, Tallahassee. Florida 32301-2616. TeleMone
(85/21 222-61/2/2, Tel€(ax (85Q12226484. will continlle toprovjde affill ranee q,(Consuhine Services to Inmates an

Admjnistrative. Executive Clemenczy 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 Attomey ofNorfo1k, 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 Smolka v. Stale. 662 So.2<I 1255
(Fla, 5" DCA 1995), rev. denied, Slale v, Smolka, 668 So,2d 603 (pIa 1996).

F,P.L.P, VOLUME 6, ISSUE 2

Page 9

CZ;~ NOTABLE

CASES

by Brian Morris and Oscar Hanson
DOC Must Respond To
Prisoner's Grievances

thai the repon also recommends a nominal filing
fcc for appcaJs 10 ocx: Cenlnl OlTice'?--ohj

invalidily ofthc dcprivation of the prisoner's JOOdlime credit$. Huffmon I' Brar.o"t/f 25 Fla, L Weekly
(0) 2776 (4th DCA, Dec. 15. 1999)

The Firsl District Court of Appcal has
granted a prisoner's petition for \\Til of ceniol1lIi,
\lhld! reqUires the DOC to respond to his rornlal

First DCA ncvcrse.s All
Order Dismissing An
Indigent Prisoner's Suit

Dlurlet CourtlmprOpl'rly Applied
Swlon 944,28(1)(.) Providing For Forreiture
of Gain Time To Appnl of Denial of Hule 3.1150

llne'i~ees

The Court followed

Its

precedenl estab-

hwd In Woul/a'li>' Buhop, 734 So 2d liS] (lSI
DCA 1999) bttausc: pchhooa'S allegallons tonSllIlIlCd • pnm.:l [lICit SM" Ina of exhaustion or
IldITURlMnU'"C rcmahes. the mal COUrt'S Ofdo'

summ:ml) den)lnll the peullon ""as qu:tShed.
1M pruonc:r in this ease alleged WI the

rxx:

(ailed to l'C!pond [0 II leasl sc:,en of hlJ
formsl grICVlIIlCl:S. TIlt' IXlC argued mal lhe
prlsona falled 10 (oUo\>, gncvance proudures.

The Uial tour! dtnicd the ptlllion. The prisoner
sought ctrtiornri In the disukl coun, "hich
qllllShed the !rial court's summar) denial arnI
fcmandcd (or rurthcr proceedings. AJhfc)' I'.
Moore. 25 Fla. L Weekly DJS (lSI DCA. Dec.
22.1999)
[Commrnl: This case addlcsscs only a small
of a much larger probltm prevalent
"llllLn the IX>C. Under the: currenl rules gO\'em·
Ing \he Inmmc gnn"InCC proc:t'd~ gnn'&llCd
filed at \he m5lrlUllon.lle\·c!:m- nOllmmcdll1cly
\'ahdaled for lI1c pri$oncr. As; I. rC$ult, gncvances
filed 11 the: InSUllnion arc er!her dc:suored or
Simply Il()( responded to WlthOUla mechanism In
place 10 pfO\'Idc an Im~(hale receIpt for the
pruoner's gnn1l.llCC', lhe door IS open for Inept
officers 10 Ihw:ll1l1le prisoncr's complaml
Gncvances 10 txX: Cenlral Office h:lfdly
ever resul1 in a destfO)'ed or losl gric\'ance. The
main reason for this is Ihal all grievances or ap·
peals filed 10 CenU'll1 Office arc immedillldy
validalcd b)' instilulional officers upon delivery
10 the officer lesplXlSlhle (uwally mailroom slam
for cnsunng lIS dclr\'er)' 10 txX: headquaners. It
is ironic 10 noIe lIll1 lhc NIl'S gO\'crning inmalc
1f'C\"ancd to Ccnual OITICC requite munedrl1e
recelpl for the fihng pmonel but no munedrale
le!:tlpl fell instrlUtionall'ievancl'S.
'W1l} IS 1hcrt:1l dlSparil}" There iJ a reason.
PerhllpS the answer hes in the most rc:anll1\1lual
rcpor1 submrned b}' the Florida- Corrc:c1ions
CommISSlon.1llc CommisstOl1 has mllde lUOm'
mtndl1lOOS 10 hmillhe number of grievances an
Inmate m:I} file dunng a spcl:ified lime The
Commission has also recommended thlll !XX'
officials l:Ike disciplinary aclioR agaillSl inmales
1'0110 abuse the mmllle grlevlll\ee prooedure. Whlll
conSlll111es Ill\ abuse is ROI delailed bUlrl appealS
tMI a prisonel may be labeled an abuser by lhe
mtte numbel of grie\'llIlttS he has filed. t"o'en if
all oflhem are approved
E\'ttI I'I'ICn It\'ealing IS lht rc:commendalion 10 rcplacc the mformal grievanoc: pl"OCCdurc
wilh an Un\loTlllcn requ.csl for relief Upon levie....
ofmlS report II btcorncs manrfesll}' app.arc:tll th3I
txX: has orthcstntltd lhls debacle of I. pn$(ll'ltl"S
abihty 10 \'Oioc: hIS gntVMCCS Ohl drd I menlion
portIOn

F.P.L.P. VOLUME 6, ISSUE 2

The FUSI Dl51net Court of Appeal (DCA)
an order of lht Escambla Counl} ClIC\lU
COUl1I1ia1 had dismissed \lol\h preJudrcc an uKlrgcnl
pnSOflCJ's lalOsurlaaall\$t a grottry store
Alan COO}, an ilKh~1 pruoner, filed • tort
complarnt ~Jnst a gTOCcry store. The CircUli alUrt
dllmisscd the comphlJlltl.S fmlllous uncttt the au·
thonly of SttI10n 57.085, florida SWUICS (1997),
Under this Sl:Ilule, if a COUrt delelTlllnt:S an action to
be fri\'olous or maliciOUS, II may dismiss the aChon,
The DCA re\1:lStd Ihe circuli COUll'S ordel because
lhe record did nOI support the l!iol court's finding
lIiallhe aetion Willi fm'oloos or malicious
The Firsl DCA rcasoned Ihallo bt considered
fnvolous Ihe llClion mUll lad; WI arguable bll$is
eilhel in law or flit\. The Coun funhcr stilled thai
the lelTll "fri\'olous" embmctS not only Ihe inarguable legal conclUSIon, bUI also the fanciful fatlual
alleglUion. The Coull follo\lOed the prc:c:edenl tsublimed b)" the Umled SllUts Suprc:me Court In
Nm:u \' WdllmfU, 109 5 a 1&:27 (1989), and
Orr/Ion \' HUlloNir.. 112 S a 172S (1992). Both
oflhtst eases ronstrued 2B U,SC 1915, \IOhich is
lhe progtnrlorof~ 57 085 (sec Rccd \ Mrm$,
71 I So 2d 169, 170 (Fla 3r-l OCA I99S)
The Filst DCA further held th3l Coby could
Il()( constltutionall} be dtnlt1J llClXSli 10 COUllS
b:lStd upon the mal court's findrng thM hIS claim
has linle likehhood of success on its merits not
l'o"uhslW1drng the llUlguase of seCllon 57,OS5(9Xd)_
Colly v. Food World, Inc" 25 FIll. L. Weekly (D}!9
(lSi OCA. Dec. 21, 1m)
It\crsed

Prisoner Sulls For Damages
And Dedaratol'} Relief
Challen~ng The Vallditr
Of Disciplinary Procrdures
Are;'\O Lo~rr Cognizable
In -12 U.s.C.1983 Aelions
Flondl pl1$OllCl Da\'ld HulTm.tn appealcd to
the Forth OUUICl Coort of Appca1 the CIrculi
COUll'S ordel dlsmlssll1S hiS stalnd amended tom·
plaint Willi preJu,Jrcc The dlSUiel toUlI affirmed lhe
decision \IOlth a wnnen opimon.
The dimici eoUl1 ackno",ledsed thM itS deCIsion In JON. \' KirJ:1DnJ, \IOhleh would Bppt:lf to
support a dlUllage Ill\d deelrualory tlaim, is no
longel good la" in IiShl of the United Slliles Suo
preme COUll decision in &N'tUd. \' Boh.oJ:. 520 U.
S 641 (1997)
In Edl'o-ards the US Supreme COUrl declared
IIiaI • tlllm for dImqcs and dcclaratClr) rehcf
broughl b)' a Stale prisoner challenging lhe validuy
of p~urtS used 10 dqln\e the prisoner of
~Ime tttdrts is not COI"lzable under 42 US.
C. 1983 btcaust II ~oold nttCSSI.l'lly Imply lhe

The Florida Supreme Court atte:pled dlscretlOlllly
conniel Junscliet10n 10 rC'o'ie\lo ..1 Issue concernl", ..
COUl1'S propa role In lhc: rmplcrncntallOn of 5Cd1Oll
944 28{2) and 944 279, Fl•. Slat (1999), -cll1mg 10
the unposltlon of santllons on prlsontrs \lobo liIe
fn\'olous pleadrnp
The connict surfllCtd "hen the FilUr DCA's deciSion
m Hall \'. Slale. 69S So 2d 576 (Fla 5th DCA 1997).
utilized S«lion 944.28(2Xa) 10 sanclion Hall for fihng
a frimlous appeal of Ihe denial of his mOllon for post
convitlion relief The OCA determined Hall's appeal
10 be fnvolous and directed Ihe D<X:: to forfeil I lairs
gain lime Thc COUl1 certified eonniCI wilh Ihe Sec·
ond DCA.
The Second DCA in Mcrcodc v, Slale, 698 So 2d
1313 (Fla 2nd DCA 1997), also uuli7.cd scclion
9-l4.2S(2Xa) 10 sanclion a priS(ntr for filing a fm"Olous appc.a1 of thc denial of his posl convietion molion. The DCA noted ltw the J)()C had the sole dis·
crelion 10 declare a forfeilure of gam Irme. So, the:
DCA did nol drtttl forferlure bul did rccommcnd I.
forfeilure: of gam time Thus. the torInlCI IfQSt beIween ~drrttllng" lnd Mlccommcnding a forfel1ure of
pmtimc.
On re'. .el'o. lhe Flonda Supreme COUll ltmgnrwf I.
more importlll11 quesllOR lliat ntrlher DCA addfCUCd,
\lohieh the COUl1 coocludc:d corurols \he final decISion
m lhis cast. The
pan queslron was \lohtlhtr an
appeal of a post COI\vlClion motion IS a collateral
CIIminal procttdrng. and if so 'oI"helhel a COUrl may
utilize seclion 944 2S(2)(a), \lohich conlolns no collat·
eflll criminal prohibition, independently of section
944.279, which contains lWlguage prohibitinl u's
application 10 col1alernl climinal proceedings
Both seclions 944.279 and thc pertinenl provisions of
seclion 9-I4.2S(2)(a), f1a. Slat (1999), \loere enacled as
p:lf- of an ael lhl! crealed or amended $C\'en1 SIlUU,
lOt)' pnn'iSlOrl$ fOl" the purpose of reducing unncecsslly or fllvolous prisoner filings. S« Ch 96-106,
Laws of F101"idL Qulle imporunl1r, lhtsc amendments. t.'Cttpllht dlStlphlW) forfeilUl't plO\'lSIOfI of
stCIion 9-14.28(2)(1.), provide lhlll the restrictIons do
not 1Ipp1) 10 a criminal protttding or a collatcnl
enminal procttdrng.
The Supreme Court detennined thai a posl conviclloo
molion IS a colll1enl cnmrnal proc::cc:dms for pur_
poses of Ihe flrvolous filins SIll!ules Further, thc
COUrl held th11l il was only logieallhal aU the Slalutes
eilher crealed or amended b)' Ihe att should be inter·
prtled in the same manner, ThU5, the Coun concluded
Ihal a posl comietion mOliOll and Ill) subscquenl
appeal should be conSidered a colhueml ellmtnal
procecding fOf purposes of considering sanctions
under the fri\'Olous fihng SllllUICS as well
The COUll lhcn proceeded 10 answtl' Ihe scCMd San
oflhe question abo\'e.
may gIIn time be forfnttd punuanl 10 stetion
944-.28(2Xa), IndepcndcnllyofstClIOfl9-l4.279. for I.
M

' ' "0

Page 10

frivolous appeal of a post conviction motion?
The Coun recognized that section 944.28(2)(a) docs nOI specifically prohibit its application to collateral criminal proceedings. that
section is plainly tied to section 944.219 and.
the Court concluded, cannot be utilized independently ofthlll stction.
In resolving this issue. the Supreme Court also
curtailed a much different approach recently
reached by the First DCA in the case of Saucer v. StIltc. 136 So.2d 10 (Fla. 1st DCA
1998).
In Saucer, the First DCA concluded that since
the Legislature had amended section 944.219
by deleting all reference to loss of gain time
and section 944.28(a) and added provisions
for discip1inlll')' procedures pursuant to rule of
the department provided in section 944.09, the
Legislature had sought to clarify thm thc two
sections were separate and independent, as
each provided nltogether different sanctions - - one through Department discipline
nnd the other through gain time for forfeiture.·
Sec Saucer, 136 So.2d lit 12.
The Supreme Court rejected this construction
and declared that the amendment made no
change in thc gain time sanction potential of
eithcr statute. lind the actual effect of the
amendment was to add additional sanctions,
such as more restrictive confinement, for the
filing of frivolous lawsuits, not to make section 944.28(2)(a) independent of section
944.219. The Court further declared that there
is nothing in the analysis indicating that the
Legislature intended to stparate 944.28(2)(a)
from 944.219 or in any way to allow 944.28
(2)(a) to be used to sanction frivolous col1aternl criminal proceedings, such as post conviction proceedings, independently of 944.219,
which has always provided, and still provides,
that such sanctions may not be utiliud in collnternl criminal proceedings.
The Supreme Coun u!limalely addressed thc
conflict between the DCA's that originally
brought this case for review. The Court held
that assuming a court has properly employed
section 944.219 to sanction II prisoner for filing an improper action that is subject to sanctions under lhat section, it has no authority to
"direct" the DOC to sanction a priso'ner by
gain time forfeiture or other discipline because
only the DOC has the authority to sanction a
prisoner pursuant to section 944.28(2)(a). TIle
Court noted that depanmental rules set forth
the procedures, which satisfy due process concerns beeause the prisoner is entitled to a hearing and a right to appeal. This protection
would not be present if a coun was allowed to
"direct" sanctions. Thc Court also noted that
all of this involves the functioning of the Executive branch. To permit a court to order or
direct the DOC to discipline a prisoner would
be to force the DOC to bypass its procedures
and would constitute a \'iolation of the doc-

F.P.L.P. VOLUME 6,ISSUE 2

trine of stparation of powers.
The Court did not buy the state's assertion Ihat
there was no difference between a court
"directing" or "recommending" sanctions. The
Court did not believe that it was a qucstion of
semantics., The Coun instructed the lower
courts to be wary of utilizing words, which
appear mandatory in such cases. The Court
concluded by stating that it would be permissible for a court to recommend sanctions. The
Court quashed Hall and disapproved both
Mercade and Saueer. Hall v. Slale, 25 Fla. L.
Weekly S 42 (FIn. S. Ct.lanulU)' 20, 2000)
DCA Holds It WJIS Error To Dismiss
Prisoner's Petition For Declantory
Judgment Without Addruslng The
Validity of the Prisoner's Claim
An appeal to the First DCA results in the
reversal of a circuit court's order dismissing a
prisoner's pelition for declll11ltory judgment
lind supplementlll mandamus relief. The prisoner sought a declarntion as to the validity of
the fighting rule as governed by Chapter 33601.314 Rulcs of Prohibited Conduct, FAC.
The prisoner contended that the rule was unnuthorized and unconstitutional because it docs
not permit self-defensc as a viable defense to
the violation, citing Section 116.012, Fla. Stat

(1997).
The circuit courl for Leon County dismissed the petition without addressing the
merits. The DCA reversed and directed the
circuit courl to address the question of the
fighting rule's vnlidity in cascs of selfdefense where proof of the peninent allegations is establishcd. Smith v. Florida Department ofCorrections, 25, Fla. L. Weekly 0339
(I st DCA, 214(2000)
No Free Transcripu For
POSI conviction Preparalion

•

ing his modon, oppel/ant must rely on his best
recollection of Ihe court proceedings. Only
Ihen may he secure Ihose portions of Ihe ffcord relevant 10 his motion. " McFadden v.
State, 7// So.ld 1350 (Fla. lsI DCA 1998)
(eilalions omit/ed); accord Cassoday v. Slate.
237 So.ld 146 (Fla. 1970); Dorch v. Slate, .J83
So.2d 85/.852 (Fla. 1st DCA 1986): Carr v.
State. 495 So.2d 282 (Flo. ld DCA 1986).
Baldwin v. Stale, 24 FLW 02022 (Fla. 3d
DCA 9-1-99).
Florida courts have unfortunately made it
clear that free transcripts are not available for
the prepamtion of a post conviction motion.
The Baldwin Coun noted "[tJhe SlIme logic
applies" whelhcr the post conviction movant
is proceeding under either Rule 3.800 or
3.850. For what its worth. the Baldwin Court
did note that the "Defendant may. of course,
inquire whether his former counsel hIlS the
documents he seeks or can assist him in obtaining those documents." ld. See: Smith v.
Stale, 24 FLW 02198 (Fla. 3d DCA 1215-99).
IComment: The Baldwin Court is apparently not aware of, or not concerned
with, the diffieultlu prisoners encounter
when trying to obtain any type orlSsbtance
rrom Iheir attorney once their conviction
and sentente has became final. I would .suggest that all criminal defendants who take
an appeal from Ihelr conviction and sen~
tence immediately inform their appellate
tounsel to forward them the entire record
on 'appeal as soon as the appeal is coneluded. Unrortunately, if no appeal was
taken, transcripts of court proceedings can
be upensivc-bm]

No Jurisdiction to
Reyoke Expired Probation

Edward Slingbaum filed a motion to corKirk Smith filed a JH:tition seeking a copy of rect illegal sentence pursuant to Florida Rule
courl transcripts on the basis that they were of Criminal Procedure -].8OO(a). In his monecessary for the preparation of his post con- tion, Slingbaum challenged the sentence imviction motion. The trial court denied his peti- posed for the; revocation of probation. The
tion and Smith appealed to the Third DCA. Honomble William Fuente, Circuit Judge in
The DCA affirmed the trail eoun's denial and for Hillsborough County, Florida., summa"without prejudice to Smith to follow the pro- rily denied the motion. Slingbaum appealed to
cedure set forth in Baldwin."
the Second DCA
In that case, Leonard Baldwin had also sought
On appeal. the DCA found that there
tmnscripts to prepare a post- conviction mo- may be merit to one of Slingbnum's claims.
tion. However, Baldwin only sought the sen· That claim was that "the trial coun was withtencing transcripts to prepare a motion under out jurisdiction to sentence him for violating
Rule 3.800(a). Nonetheless, the trial court had his probation because his problllion had exdenied his request and the DCA affirmed that pired before the appropriate steps were taken
denial. The Baldwin Coun noted a long line of to revoke the probation:' The case was recases which hold:
versed with directions for the trial court to
"Transcripts art not neces:rary for lhe prepa- "determine whether the revocation process
ration of a legally :ruff1cienl Florida Rule of was set in motion prior to the expiration of
Criminal Procedure 3.850 mOlion.... Appel/alll Slingbaum's probationlll')' period."
mu:rl firsl file a 3.850 motion setting forth his
In an interesting footnole, the DCS proafleged grounds for relief in order to secure a vided some helpful infonnation thllt should be
copy ofportions ofhis trial recard. In prepor- considered by anyone who believes they may

Page 11

huve un issue similar 10 Slingbaum's. The
DCA nOled lhnt:
nlC revocalioll process is SCi in mOlioll
when 1'111 arrest warranl is iJSued See State v.
Boyd. 7/7 So.2d SU: (Fla. 1998). Allhe lime
rr/el'alll 10 IS/ingbaum 's] case, a warranl wos
1101 "issued" llmf/ it had been signed by Ihe
Judge alld de/il'ered 10 Ihe execu!il'e officer for
uecutioll. See (d. This has shlce been changed
by llle legislature so Ihal a warrant is law
"Issued" when il is Signed by thejl/dge. See §
901.02(1), Fla. Srlll. (1999). The challge. lrow<.'I·rr, is praspectil'l! only and has 110 effict on
Ihe reSO/lIlion of [Slfngbarml's] case. See
.lfeNeal I'. State, 741 So.ld /105 (Fla. /Sl
DCIl /999).
Like lhe First and Founh DCA's, lhe
Second DCA aIm found Ihat claims such as
Slingbaum's may conslitulc grounds for relief
in II mOlion 10 correCI senlence pursuant to
Florida Rule of Criminal Procedure 3800,
"prm'ided that the error is upparent on lhc face
of the rccord and rc:quires no evidentiary hearing...:' Ultimolely. citing lett v. Stall', 722
So.2d 211 (Fla. 1st DCA 1998), and WilSOl1 v.
Slate, 698 So.2d 1380 (Fla. 41h DCA 1997).
lhe Second DCA held lhal. "where il Cllll De
detennincd wilhoUI an evidentiary hearing thai
li sentence has Deen imposed by a coun wilhout jurisdiction, thllt sentence is illegal. whatever its length:' See: Slingboum I'. Stau,
_So.2d - ' 2S FLW 0103 (Flu. 2d DCA 1229-99).

New Ughl on Florida's
Frivolous Filing Statules
Just O\'cr II yellr ago, FPLP's NO\llble
Cases presented an ar1:icle indirectly praising
the First DCA for denying the Stale'S fri\'Oo
lous request for the coun to enter an order
forfeiling: Joseph SllUCC::r'S gain time pUrsuolll
to s, 944.28(2). F.S. (1997). The ankle. enlilied "Frh'olous Pleading Tunnel Vision:'
FPLP Vol. 4, Iss. 6 lit p. 10. noled lhal Slluccr
had unsuccessfully petilioned the First DCA
for a writ of habeas corpus "seeking a belated
appeal on the basis thlll he had. to no avail,
requested his allomey to loke lin appelll."
The DCI\ had appointed a special master
.10 conducl a hellring with regard to lhe allegations Saucer made in- his petilion for belaled
IIPpenl. The appointcd specilll master determined that Suucer hlld entered a plell wilh the
understllllding Ihm Ihere .....ould De no appeal.
Based on Ihc specilll master's rcpon, Ihe DCA
dcnied Saucer's pelilion wilhout a wrillen
opinion.
The State subsequently moved for lIll
order forfeiting Saucer's gain lime pursuant to
s. 944.28(2) arguing that Sauccr had
"knowingly or wilh reckless disregard for Ihc
lrulh brought false evidcnce before the court:'
The Slate's request was inilially denied when
-he First DCA correctly found thai "it is lhe

F.P.L.P. VOLUME 6, ISSUE 2

role of the [FDOCl, nOlthe- coun,lO order the
forfeiture of gain time:' In that anicle, FPLP
also nOled lhul the Firsl DCA was quick to advi5C the Stute that, although an order: forfeiting
Sauccr's gain time was not available, perjury
charges were a possibilil}'.
Not surprisingly, the Stale, also known lIS
II "Friend of the Coun," ullimately managed to
convince lhc court to reverse itself. See Saucer
v. Stllle, 23 FI.W 01972 (Fla. 1st DCA 8-1798), withdrawn and superseded by Saucer
v.
Stllte, 736 So.2d 10 (Fla. lSI DCA
1998).
FPLP's Notable Cases promptly noled Ihe
First DCA's change in position lhrough lIll ani·
cle entitled, "Slamming The Door on Prisoner's Access to Court in Criminuland Collalernl Criminal Proceedings." FPLP Vol. 5, Iss. 2
lit p. I J. The IIrticle also noled IlIm, in his lone
dissent. "Judge Webster found that sections
944.279 and 944.28(2)(a), F.S., which Ihe majorily relied upon 10 justif)' its gain-time forfeiture in a criminal proceeding, was 'enacled
as paMS of chapter 96-106, LaM of Florida,
.[nndl establishes Wilh relative clarity lhal its
intent WIIS to address only frivolous or malj·
cious civil litiglltion by inmates." Id., quoling
Saucer, 736 So.2d at 14. Friend or foe, the
SllIle nonetheless led the majorilY of lhe Saucer
Coun astray. As noted in lhal anidc, the First
DCA's withdrew its inilial order denying the
Stale's requesl to forfeit Suucer's gain-time
and substituted il with an order granting the
forfeiture. See Saucer, 736 SO.2d at II.
The decision entered in Saucer's case re·
surfaced when the Florida Supreme Coun revicwed the decision entered in "Haff 1'. Srate,
698 So.2d 576 (Fla. 5th DCA 1997), based on
express and direct conflict wilh Mercade 1',
State, 698 SO.2d 1313 (Fla. 2d DCA 1997),
conceming II coun's proper role in lhe implementation of seclions 9401.28(2) and
944.279 .... relaling 10 the imposilion of sanctions on prisoners -ho file frivolous pleadings."
The Fifth DCA had utilized s. 944.28(2)
(a), F.S. (Supp.I996), 10 sanction Clarence Hall
for filing whm the coun delennined to be a
frivolous appeal from lhe trial coun's order
summarily denying lwo of Hall's post conviction motions. The Fifth DCA "dirccled" roac
to forfeil 1-IlIll 's gain time.
In the conniel case, the Second DCA determined thaI Rafiol Mertade had also filed II
frivolous appeal from the order denying his
post eonviclion motion, The confliel arose
when the Mercade Court found lhat it did not
have lluthority to "direct" FDOC to forfeil gllin
lime, lhat il could onl)' "recommend" FDQC to
sanclion .lfereade "in the fonn of II forfeiture
of his gain time." Mcreade, 698 So.2d al 1316.
The Supreme Coun found lhal the
Mcrcade Court was correCl in finding it only
had aulhority 10 "recommend" a gain time forfeilure. Howevcr, the Supreme Coun disnp-

proved the Mercade Court's imposition of
sanctions under the frivolous filings stalutes
because lho5C SlIlletions were implemented in
a case involving 11 "collateral criminal pro·
ceeding:' That is, lhe suprcme coun found
that post conviction molions and appe:lls from
denials of post conviction motions arc collateml criminal proceedings for purposes of
sanctions authorized under lhe frivolous filing
stlliutes III issue here. [n olher words. the high
coun found Ihal a coun may nOl use section
944.28(2)(n). which contains no colllllemi
criminal prohibition, independently of section
944.279, which conlllins language prohibiling
its applicalion to collateral criminal proceedings.
The supreme coun quashed the Fifth
DCA's decision entered in Hall, which had
improperly applied seClion 944.28(2)(a), providing for forfeiture of gain lime, 10 the appeal
of the denial of Hall's post conviction molions. As for the First DCA's decision to
"order" FDOC 10 forfei! Joseph Saucer's gain
time, the supreme eoun disapproved thaI decision as well, at least to Ihe eXlent that it was
inconsistent wilh lhe decision entered here.
See: Half v. State, _So.2d-, 25 FLW S42
(Fla. 1-20-00).
[Comment: In his concurring opinion,
Justice Wells noted Ihat "there nre abuses
of frivolous filings in rupeclto post conviction molions and pelilions in criminal cases
which the Legislature rna)" have intended 10
address," Id,. at 544, lind thai "II would be
helpful for the Legislature 10 clarify this
issue wilh an express slalutory stalemenl."
Id. Rather Ihan involve the Legislature. I
personally would like to see prisoners involved in litigation working more with one
another, pUlling Iheir huds logelher a.nd
covering nil Ihe pros allli cons and, of
course, Ihoroughly familiarizing Ihemselves
with the apillicable case law decisions and
procedural rules. It's onl)' reasonable to
believe Ihat if collaleral relief is there 10 be
had, and if ils really worth havinll, it should
also be worth putting forth a meaningful
effort 10 adequately and effectively voice
such enlitlemenlto relieflO Ihe appropriate
courl. Frivolous filings have a negative effect on everyone-bml

Joseph R. Tmitt
Paralegal Services
P. O. Box 834
Stuart, FL 34995
(561) 219-7367
Specializing in Post
Conviction Assistance
Page 12

(CDil/lnut'dlrom fNJgt 8)

Texas· EI Paso county judge Sue Kanta
has ntised ethical questions about the ju.
dicial system under which court appointed lawyers are paid $50 bonus if
they get their clients to plead guilty to
misdemeanor offenses. Anomeys whose
clients plead guilty receive SI50 per
case, Anomeys whose clients have
charges dismissed after pleading not
guilty or who enter infonnal pleas of
guilty in exchange for probation, are paid
only SIOO per case.
Virginia - On Aug. 22, 1999, a guard at
the newly opened supermax Red Onion
Stote Prison was stabbed about eight
times while delivering lunch trays. Jackie
A. McCarty was anacked by prisoner
Lamont Douglas, 24, who was then shot
twice with rubber pellets by a guard in a
gun port. Douglas was later charged with
malicious wounding.
Washington· On Oct. 27, 1999, Belling·
ham police released the results of an in·
ve5tigation stating that Whatcom county
jail guard Ryan Stollwerck had sexually
hamssed female co-workers at the jail,
Stoll"erck's conduct included making
unwanted sexual comments, responding
angrily when one woman wouldn't return
his phone calls, "improperly touching"
one of the women and making mock
kissing noises. The report was released a
week before an election in which Stollwerck was running for Whatcom county
sheriff. He lost the election. He also quit
his job as ajail guard.
Washington DC • A leading Democnttic
senator plans to introduce legislation that
would dramatically alter the criminal appeals process, providing new protections
for convicted prisoners, panicularly those
on death row. Patrick Leahy, a long time
foe of the death penalty, is scheduled to
introduce what he calls the "'nnocent
Prolection Ac!" at a news conference. If
passed, the bill would help prevent
wrongful executions and lead to freedom
for more people who have been unjustly
convicted of lesser crimes, proponents
say. Since the death penalty has been re·

instated in the United States in 1976,85
people have been freed from death row
after their convictions or sentences were
called into question.
According to a draft summary,
Leahy's bill would:
• Require that federal courts order
DNA testing if there is a reasonable
chance it may exonerate a federal con·
vict, even if the time for appeals has expired.
• Require thllt states make DNA testing available 10 state inmates for
conviction review, including those whose
appeals have expired.
• Increase fees paid to llttomeys of
defendants in death penalty cases
when the accused cannot pay their own
way.
• Increase compensation available to
unjustly imprisoned federal convicts to as
much as S100,000 for every year they
were incarcerated; the cap is now 55,000
a year.
• Prevent the U.S. attorney general
from seeking the death penalty in cases
brought in 12 states and the District of
Columbia where there is no death penalty.
• Ensure thllt juries in federal and
stale death penalty cases are fully informed of alternatives to imposing the
death sentence.
The bill, if passed would automatically apply to federal courts. Under tenns
of legisilition, federal funds earmarked
for state crime labs and prison construction would be withheld from stales that
did not make their own laws confonn
with federal requirements. The heart of
Leahy's bill is his proposal that convicts
be allowed to present DNA evidence'
even if their legally allotted appeals have
run out. •

ABUSE, LACK OF PRIVACY
REPORTED IN FLORIDA
WOMEN PRISONS
Between July and October of 1999,
the Florida Correctional Medical Authority (CMA) conducted a survey of 15]
women prisoners incarcerated at Lowell
CI, Gadsen CI, Jefferson CI, Hernllndo
CI, or Broward CI. The results of that

survey. which were released December
15th in a CMA report entitled Report on
Female Offenders in Florida:r Prisons.
showed a serious panern of abuse and
lack of privacy being suffered by women
prisoners in Florida.
Male guards are frequently present
when female prisoners use the toilet
They watch when the women take show.
ers, and look on as they change their
clothes. More than half of the women
surveyed reported in appropriated sexual,
verbal or physico/treatment by male and
female prison staff.
Statewide, 5] percent of the women
surveyed responded that they have been
subjected to in appropriated behavior by
male prison staff. They reported that 40
percent of that abuse has been sexual;
another 40 perccnt has been verbal
abuse; 9 percent physical abuse; and, II
percent undefined abuse.
Forty-eight percent of the surveyed
women reported Ihat they have experienced abuse from female staff. Different
from the complaints against male staff,
only 9 percent reported sexual abuse by
female guards; I percent physical abuse;
20 percent undefined abuse; but 70 per·
cent responded that they have been verbally abused by female staff, such as be·
ing called a ··whore".
Those surveyed were just a small
sample of the women incarcerated in
Florida female prisons. But the results of
the survey are significant, says the CMA
experts who conducted the survey, because so many of fhe women also reported being abused before coming to
prison.
Forty-one percent of the womcn reported that they had experienced physical
abuse before being incarcerated. Fifty-six
percent of them said they had been subjected to sexual abuse on the outside and
had been abused as children. Significantly, 70 percent stated they suffer depression problems now.
"It's a training issue· if you have
been abused and they have the feeling
men are watching you or they pllt-search
or strip.search you, how do you think
that might make you feel?" asked
Maxine McConnell, assistant director of
the Florida Corrections Commission.
"She mlly go berserk, and the officers
(ConnnUl!donpagt IJ)

F.P.L.P. VOLUME 6, ISSUE 2

Page 13

~POST CONVICTION ATTORNEYS~
~

LOREN D. RHOTON

MICHAEL V. GrORDANO

Attorney At Low

Attorney At Law

(813) 695-2612

.

"'.,

~

(813}226-3138
•

,

I

I

_(813) 228-0070
(;) APPEALS
<;) STATE POST
CONVICTION
(i)
SENTENCE
CORRECTIONS
(i)
FEDERAL
PETITIONS FOR
WRIT OF
HABEAS CORPUS

•

•

•

'.

,I

'" NEW TRIALS

•

.

.

412 East Madison Street
Suite 1111
Tampa Florida 33602
(813) 228-0070
.. (813).221.2182 fax

•

he hiring of Il lawyer is an important deebion that should nol be based solely on lldvertisemcnl!J.

Before you decide, ask us to send you free written information about our qualifications.

F.P.L.P. VOLUME 6, ISSUE 2

Page 14

may think she's misbehaving if they don't
understand the issues."
This survey was prompted by several
recent factors, as abuse in women prisons
in Florida is certainly nothing new with
more than half of the gUllrds in the women
prisons being men.
Perhaps the most driving factor was
the error made by Department of Corrections Secretary Michael Moore lllst year
when onlY'months after being appointed 10
run Florida's prison he asked Govemor
Bush to disband the Correctional Medical
Authority and all other legislatively created
prison oversight groups. The CMA struck
back by publicly releasing damning information about prison health care (and lack
of same) 10 the media. [See:
FI'LP. Vol. 5, Iss. 6 "FDOC Hazardous to
Prisoners' Health"]
Another factor spurring the survey
was the abuse suffered by twO women prisoners at Jefferson Correctional Institution
before their suicides in the confinement
unit lit that prison in late 1998. [See:
FPLP, Vol. 5, Iss. I, "Female Prisoners
Deaths Questioned"]
And, another factor that may have
contributed to conducting this survey WIlS a
study on self-reponed prior abuse released
by the U.S. Bureau of Justice Statistics in
April 1999, which indicates that female
prisoners are more abused than male prisoners. Nationwide, state prisoners reported
both physical and sexual abuse before incarceration - 57.2 percent of femllles verses
16.1 percent of males. [See: FPLP, Vol. 5,
Iss. 4, "Past Abuse Reported by Prisoners."]
The CMA survey did not focus just on
abuse of female prisoners in Florida. Other
findings of the survey found that:

Some of the survey questions involved health care and nutrition issues
as well liS women specific issues. For
example, 45 percent of the women said
they do not receive adequate undergarments. Forty-three percent said they
only receive panties one to three time a
week. Sixty-one percent said the
prison-provide bras do not provided
adequate suppon.
Using the results of the survey.
both the Florida Corrections Commission, which helped conduct the study,
and the CMA put together recommendations to the Department of Corrections. Those recommendations include:
• Revising state laws to make it a
crime of sexual bauery for any stale or
private prison employee to engage in
sexual misconduct with a prisoner;
• prohibit pat searches of female prisoners by male guards, except in emergencies;
• use polygraph equipment in alleged
sexual misconduct cases to substantiate
allegations;
• develop a sexual misconduct policy
for distribution to existing and new employees;
• provide trammg to prisoners and
staff on the sexual misconduct policy
and related issues;

• ensure that female officers statT
donnitories during the hours female
prisoners are most likely to shower or
change clothes;

• seventy-five percent had at least one
child, and 58 percent of those had children
under the age of eighteen;

• require that female officers supervise any strip searches of female prisoners, except in an emergency; and

over hllif those surveyed who have children do not get to see their children;

• include other state agencies and outside e"pens in sexual abuse, domestic
violence and similar issues on the
DOC's recently re-established Standing
Advisory Committee on Female Offenders.

F.P.L.P. VOLUME 6, ISSUE 2

[Source: CMA report, Florida
Corrections Commission 1999 Annual
Repon, SI. Petersburg Times. [21241991
Editor: for more information
about female prisoner issues in Florida,
along with a useful bibliography of other
sources and studies on female prisoners,
see the Florida Corrections Commission
Annual Report 1999, Section 5.0 and Appendix 5.1 through 5.8. That report was
released 1/1/00 and is available on the
Internet al: http://www.fcc.stale.n.usi.
Some other female prison issues sources
include:

Nalional Clearinghollse/or the Defense
of Baffered Women
1255. 9th Sr., Ste 30l

Philadelphia, PA. 19107
(Newsleller Double-Time free to female
prisoners)

National Coalition Against
Domestic Violence

pon 34103
lVasllinglon, DC lOO·J3
National Network for
Women in Prison
714 IV. California Ave.
Pasadena, CA 91105

•
ensure that male officers announce
their presence when entering female
donnitories;

• Sixty-nine percent of the women surveyed were experiencing their first time in
prison;

• and, over half reported a history of drug
or alcohol abuse.

A spokesman for the DOC said the depanment would carefully consider the
recommendations.

•

ATTENTION
LAW CLERKS
If you have suffered retaliation at the hllnds
of FDOC officials as a result of the performance of your law clerk duties or in
response to your personal grievances or
liligation activities, send the details to:
Juristic Legal Aid Org.
Post Office Box 24923
Oakland Park, FL 33307
Include copies of any grievances.

Page 15

INSTITUTIONS

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MAJOR IN,muliONS

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MAJOR INSrrn.rnoHS wil" A""..

iii

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~

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•

MAJOR INSTITUTIONS with ANNex & WORK CAMP

FEMALE INSTtTlJT10NS
COMMUNITY CORRECTIONAL CENTERS

FEMA,LE COMMUNITY CORRECTIONAL CENTEAS
110"'0 PRISONS & WORI< CAMPS

FOMurR'" CAMPS

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PRIVATE FACILITIES
PRIVATE FEMALE FACILITIES

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REWIli\ I:
REI;lIIN II:
RI';I;lO:'li Ill:
REI;UI".:

DRt\I\E, SNEADS. (850) 593·M31. SUNCO~1 786-1400
GEOIU;E D~;NMI\N. GAINESVILLE. (352) 955-2052. SUNCOM 625·2054
GREG

BU.L BEOiNGFlt:l.ll, CLERMOvr, (352) 242·2719, 5UNCOM 634·1701

IV: M,Un,\ Vll.U.CC)l{U, FT.

F.P.L.P. VOLUME 6, ISSUE 2

LAUDEIU);\LE.

(954) 202·3800. SW':COM 423-3800

Page 16

BUDGET
Department or Corrections

Percent 01 State General RII~lInUIl BUdSl!l
Approprlaled to CorfltCllons

Budget Summar)"
(FYI99S·99j

IO.ll""

Of'ER'\ TI",G fU"OS

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w.~"' '<. T,-ro~ ..-I,""" c...... ()r,J,.-m!

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FIXED C,\I'ITAL OUTLAY FUNDS

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e,o'~

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EXn"~I"\ l1IlES BY PIlOIECT C\.ASlIFlCATIOI<
To ".~ .... ~c
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F.P.L.P. VOLUME 6, ISSUE 2

,

:-- $1 0

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1,

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TOTAL BEDS FUNDED

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Page 17

THE FUJRlDA DuAJm.t£....,. Of c ~

INMATE POPULATION AS OF JUNE 30th OF EACH YEAR

_.

1990

199\

3U91

~35--16

l-U2

26<11

GENDER BREAKDOWN
Ft.,.. .....

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1992

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1994

1995

HI96

1997

1998

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sa_91

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TESTED LITERACY SKILL LEVELS

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(MOST RECENT TESTS OF ADULT BASIC EDUCATION lTABEI SCORES AS OF JUNE 30,1999)

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F.P.L.P. VOLUME 6. ISSUE 2

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Page 18

Elderly Offenders
Growth of Elder (50+ Years) Inmate Population
In Florida
1995-1999, as of June 30
1995
Category Total

1996

'10 of
Total

Total

% of
Total

Pop.
50 to 54
55 to 59

60 to 64
65 to 69
70 and
Over
Total

1,585

851
438
221
186

2.6
1.4
0.7
0.4
0.3

1997
Total

Pop.

2.7
1.5
0.8
0.4
0.3

1,756

990
505
258
206

1998

Y. of
Total

Total

Pop.

2.065
1.054
551
286
220

3.2
1.6
0.9
0.4
0.3

Fifteen to 25 percent
of elderly offenders

have some form of
mental JIIness.

Total
Pop.

Pop.
2,276
1,134

626
314
238

5.7
4,176
5.4
3.281
3.715
6.4
4.588
'I. Change In number of Elderly Inmates between 1995 and 1999
ul'l:e: Flonds Department 0

'I. of
Total

1999
Total 'I. of

3.4
1.7
0.9
0.5
0.4

2.589
1.235
670
337
251

6.9

5.082

3.8
1.8
1.0
0.1
0.0
7.4
54.9'1.

OtTOcltOns' Annual Roports Dnd Bureau 0 Rosoarch tlnd Data Analysis

Projection of Elder (50+ Years) Inmate PopUlation
In Florida
From June 1999 to June 2010
Yoar

Month

The 5,082 offenders
age 50 years or older
in Rorlda's prisons
represent It 54.9Y.
Increase since 1995.

Prisons lire
experiencing en
Increase In the
number of older
inmates. Because of
Its large elderly
population, Florida is
especially susceptible
to this trond.

Total Projected ProJectod Elder Percent of
Prl.on
(50+ Yurs)
Populallon
Popul.tlon·
Population
(CJEC:
(DCI
<U13199)

,.90

Actuals:

Correctional staff's lack
of training in

recognizing the
medical and mental
health conditions of
elderly Inmates often
exacerbates problems.

1991
1992
1993
1994
1995

'.96

1997
1998

June
June
June
June
June
June
June
June
June

42,733
46,233
47,012
50,603
56,052
61,992
64,333
64,713
66,280

1,991
2.181
2,336
2,610
2,946
3,280
3,672
4,176
4,588

4.66%
4.72%
4.97%
5.16%
5.26%
5.29%
5.71%
6.45%
6.92%

June
June
June
June
June
June
June
June
June
June
June
June

68,942
72.792
75,288
78,422
62,530
86,16'\.
86,161
86,161
86,161
86,161
86,161
86,161

5,078
5,414
5,826
6,239
6,652
7,065
7,477
7,890
8,303
8,716
9,128
9,541

7.37%
7.44%
7.74%
7.96%
8.06%
8.20%
7.37%
7.44%
7.74%
7.96%
8.06%
8.20%

The cost of
Incarcerating a
geriatric prisoner Is
three times that of a
younger Inmate.

Projected:

1999
2000

Policies and
procedures that
encourage older
Inmates to Improve
their Ilfestylo and
mulmlte their level of
functioning wJfl reduce
Institutional
management concerns
and lhe cost of care.

200'
2002
2003
2004
2005
2006
2007

2008
200.

.2010proitclIorlI_ only rnolICIle

F.P.L.P. VOLUME 6,ISSUE 2

FaJflng to collect data
on the elder offendor
population could
cause future
difficulties for
administrators and
planners.

~ JuflIIlW4

Page 19

DJRECTORY~
. :'

CENTRAL OFFICE
2601 BJairSl0neRoad
TalllIh:wee, A. 32399·2500
(&SO) 488-5021

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Page 21

Department of Corrections Operational Plan for Female Offenders
Goals and Objectives

IG03I
1.

•
•

Ensure thalltle speofic
needs 01 female

·•

offenders are mel
ltlrOUOhOUI lhe
COlTectionals)"tem.

I ea.,
2.

•
•
•
•
•
•

oevelop a continuum of
progr.lms that foster

personal orowth.

ea.,
3

accountability, m..wnty,
and value based actions
that lead to suceesshJl
relntenralion Into societ".
Ensure opportuOitles lor
female of/enders to
develop vocational and
job retated skills that
suppott their capacity for
economic freedom.

•
•
•
•
•
•
•
•
•

ea.,
4

GoaJ
5.

ea.,

··
•

Prepare all inslll1JlIO'\al
and community
COI"fectJOnS staH 10
ooderstand and
approprialety address
lemale gender-specific
topic and issues.
Ensure broad public
access to the DC
information specific to
female Ofl~~~: Issues
and relaled
ClI.
Ensure a I\olistic
approach for meehng
appropriate
physIological.
psychofoglcal. and
substance abuse needs
of female offender,.

•
•
•

·

Es~blish speofic wcw1Ilnll umt (completed)
Analyze data from Bet:ermenl Program Survey (10129199)

Design and Conduct needs-assessment survey and analyze data (3130100)
AIlnual Progress report of implementallon of plan (1/31)
Review/reconvnend dI~es to plan (on.goingl
Annual meeting WIth female offender key staff 10 recommend changes (begIn ';001

Review and analyze key computer data screens (7131101 I
Review saeens for appropri.1teness 01 information collected (7131101)
Identify needS and melhoCls to support development of progr.ams (417/00)

Parenting curriculum progralfU available (713100)
Identify and recruit volunteers and Interns to be fadlilators and InstnJetors fOt' new
and existing educational and bettermenl programs (on-going)

FaCIlitate implementation or referral of deSignated classes and programs (onlloingl
Implement education and betterment programs (onllOlngl
Pre· and postassessmenlsurvey produce increased knowledge. skllts. and abilihes 01
female of/enders (6130/01)
secure lunding for assessment instruments in lemale reception centers (6129101)
Annually monitor results 01 transitional assistance programs 10 determine
employability (113/001
Establish partnership WIth Corrections Distance Learning Network and STEP·Star
Ed. Networlt to Inc:orporale dIstance learning Into lemale programmlng (10129199)
Develop community correctlQns resource manual (8131100)
Appolnl work group 10 evaluate InslltulJOnal female oHender WOt1t aSSignments and
make remmmendatiOns fO( creahon of new assignments which wiD provide
IT1iJl1l:etable skills (111241991
Develop 'emale offender ~Jrung cumculum (10131199)
Submit cumculum to CJSTC lor Gertlticahon as speaaltz~ COUf!5e (1114/001
Improve awal~ness 01 female speofic issues to CDfTeCbOl'lal professionals (612£1'01)
DesJ9n four·hour cnentattor'l tralt1;ng for all newly hir~ employees WOf1ung WIth
lemale otfellders (7/11991
ConduC! female oflend~ focused SYJTl90Sium {every other year}
Annually update Status Report for Female Offenders (begin 1211199)
Develop speCIfic female offender reporl on DC web page (3131/00)

•
•
•

Pilot motivational curriculum for female of/endef!5 (11/1199)
Health fair for female offender Institutions (annually)
Provide continuum of services lor pregnant female of/enders (on·going)
ReCt\Jil volunteers to lacilltate monthly support groups to address needs of female
of/enders over 50 years of age (9/1/99)
• Standardize operational procedures for dislribul/on 01 personal hygIene Items and
undelOarmenlS (3131100)
• Appoint internal work group to address special diet and nulritional ne~s of female
and~-·thlul offenders (10/11991
Foster staff altltuaes and
• Monitor scheduling ollemale officers assigned to female housing units dunng show~
7.
aClions that demons~le
and dress times (unscheduled basis)
profes.sionalism ~
• Establish operational procedures for female offenders during labor. delivery. and
encourage an
immediate postpartum penocl (21161001
atmosphere thaI
• Expand socio-cultural database on female offender to lndude data on children and
promotes the positive
e<lretakef!5 (1211~'OO)
opportunities few selfIdentify mprovemenls for viSiting rooms and pam. and supply equipment (1112~)
•
development 01 the
• Develop plan lew pileI program of VIdeo conferenong visitallor'l program (51171OO)
female oIlender.
• Reklcate female offenders at Jefferson Clto soulhem r~';"jon of.tate (101151991
Sourco: F/o(Ida Depat1ment of CofrocllQ(lS Operational F an fr)( emale OIfendef3. July '999

6.

•

ea.,

Operational Plan for Female Offenders
The department developed an Operational Plan for Female Of-

fenders. initiaUy in 1996. and was revised substantially in July 1999.
Indudecl in the plan are vision and mission statements. project stalemen!. goals and objections. and action plans.

F.P.LP, VOLUME 6, ISSUE 2

Page 22

Membership Forni
You are invited to become a member of, or renew your membership in, Florida Prisoners' Legal Aid Organization, Inc. Membership benefits include a one-year subscription to Ihe organization's popular bimonthly newslellcr, Florida Prison Legal PerspecflVes. Contributions to Ihe organization (a registered 501(cX3) non profit) are tax-deductible. Contributions will be used to organize and advance the interests of members; to provide II voice for Florida prisoners and their families, loved ones and advocates;
and, to educate the public about the Florida criminal juslice and prison systems.
1.

Please check one:

2. Selecl Category:

o Membership Renewal
o New Membership
o Subscriplion to FPLP

o
o

o
o

withoul membership

3.

o

Your Name and Address:

Name

DC# (if applicable)

SI2 Family/Advocate/lndividual
S6 Prisoners

$25 AllomeysIProfessionals
S50 Gov'l agencies, libraries,
organizations, corporalions, eiC.
I undersland that FPLAO depends
the generosity of its members to
grow and operate effectively.•
Therefore, I would like 10 make an
addilional contribution of:

Prison. Agency. Organization (if applicable)

S I0

Address

State

City

4.

Zip

S25

S50 S 100 $150 Olher

Total Endosed

_

Phone Number
Please make all checks or money orders payable to: Florida Prisoners' Legal Aid Org., Inc., P. O. Box 660-387, Chuluota, FL
32076, or Florida Prison Legal Perspectives (same address). New, unused, U.S. poslage stamps are acceptable from prisoners for
membership contributions. For fllmily members of prisoners unable 10 afford the bllsic membership dues, any contribution is acceptable.

SOUTHLAND PRISON NEWS

SPN IS a prisoner-produced monthly
newsletter covermg pnson news from
New England to Florida. The newslener
is composed mainly of clippings from local papers that might not otherwise be
seen, along with feature articles and book
reviews. For more information or to subscribe ($15 yr. for prisoners/$25 for
non-prisoners) contact: SPN, PMB 339,
955 Massachusens Ave., Cambridge, MA
02139

HA VE YOU MOVED OR BEEN TRANSFERRED?
Irso. please complele the below inromllllion and send it to FPLP so
Ihal the mailing list can be updated llIld so you don't miss an issue.

OLD ADDRESS:

Nam~~~~~~~~~~~~~~i~~~:
N.m~~~~~~~~~~~~~~i~~~~
Insl.

Address

til)'

SUlle

Zip

NEW ADDRESS:

Insl.
Add,,,,
City

D:ucs:

Slllte
Zip
(PlEASE PRINT C1.EARL Y)

_

Mail To: FPI.!'. P.O.BOX 660-387. Chuluota. FL 32766

F.P.L.P. VOLUME 6. 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 Governor
PL 05 The Capitol
Tallahassee FL 32399-0001
(850) 488-2272

2601 Blair Stone Rd.
Tallahassee FL 32399-2500
(8S0)413-9330

Fax (gS0)4I3-9141
EMail: fcorcom@mail.dc.state.n.us
Web Sile: www.dOS.stnlC.n.uslfgils/agmcleslfcc

FDOC FAMlL Y OMBUDSMAN
The FDOC hIlS tlllcgcdly created n new position in the
central office to address comphunts and pro\'ide assislMcc to prisoner's families and friends. Sylvia Wil-

The Florida Corrections Commission is
composed of eight citizens appointed by lhe
governor to oversee lIle Florida Department

liams is the FDOC employee appointed as the
-family Ombudsman - Ae<:ording 10 Ms. Williams,

of Corrections.

""'C Ombudsmnn works as a mediator bc:1"ttn rami·

legislature
promote

lies, inm31es. 3I1d the department to reach lhe most

correctional

cffccu'''c rcsolulion.-

Commission holds regular meetings around

The FDOC Family Services

HOlline is loll·free: 1-888·SS8-648g.
FDoe SPANISH HELPLINE
The FDOC has also crel1ted a help line 10 llSsiS1 Span·

I

t5h-spen;ng cllrzms obtain lnfolltUlllon from the

department. Tina Hinton is the FDOC employee in
this position Contact 1..s()().410-4248
[Please Inform FPLP of you ha\o'c any problems
usmg the 3OO"'C Services I

With

on

advise

the governor and

correctional

public

education

system

in

issues..
about

Florida.

Please check your mailing Inbel 10 determine your term of
membership andlor last month of subscriplion to FPLP. On the top line will be
a date: such as ••• ov 00···. That date indicates the last month and year of

your current membership or subscription to FPLP. Please take: the time to
complete the enclosed fonn to rene\\ )'our membership and subscription to
FPLP.
Moving? Transferred? If so, please complete the enclosed address

change fonn so thaI the membership rolls and mailing lisl can be updated.
Thank you!
"The level 01c;viU=alioll in a society
may be determined by entering it's
prisons. ..

Fydor Dosloyevsk'Y
Crime and
Punishment

10 Ihe People

. 922-6907

Office of Executive Clemency
2601 Blair Slone Rd.
Bldg. C, Room 229
Tullahassee FL 32399-24S0

and

(8S0)488-29S2

the

Coordinntor. JBJlct Keels

The

the state which the public may attend to
provide input on issues and problems
affecting the correclional system in Florida.
Prisoners families and friends nrc encouraged
to contaci the Commission to advise them of
problem areas. The Commission is
independent of the FDOC and is interested in
public participation and comments
concerning the oversight of the FDOC.

MEMBERSHIP/SUBSCRIPTION RENEWAL

ChIef Inspector GeneraL...
...922-4637
CitIzen's Assistance Admin
.488-7146
Commission/Government Accountability

Florida PnroleJProbation Commission
2601 Blair Slone Rd., Bldg C
Tallahassee FL 32399·24S0
(gSO) 4g8-16SS
Deportment of Law Enforcement
P.O. Box 1489
Tallahassee FL 32302
(8S0)48g-7gg0
Web ite: www.fdJe.stalc.n.us

FLORIDA
PRJSON
LEGAL
PERSPECTIVE
P.O. BOX 660-387
CHULUOTA, FL32766

Florida Resource Organizations
Florida Institutional Legal Services
1II00e NW 8th Ave.
Gainesville FL 32601
(3S2)9SS-2260

Fax: (3S2)9SS·2189
EMail: filS@afn.org
Web ;Ie: www.afn.org/fiIs1

Families with Loved
ones In Prison
710 Flanders A,e.
Daytona Bch FL 32114
(904)2S4·1!4S3
EMail: nip@afn.org
Web ite: www.afn.org!flip

Rcstorative Justice Ministry Network
P.O. Box 819
Ocala. FL 34478
(3S2) 369-50S5

Web: \,,·ww.rjmn.net
Email: Bernigrjmn.net

o ·PROFIT
•. PO TAGE
PAID
OVIEDO. FL
PERMIT 0.65