FLORIDA PRISON LEGAL ers ectives VOLUME 8, ISSUE 3 ISSN# 1091-8094 MAY/JUNE 2002

about contraband atthe work camp veteran with the FDOe,but Guillot FDOCGUARDS that is located at a major Florida had only been with the DOC six ACCUSED OF prison-Gulf Correctional Institution. months before the alleged torture of When Webb refused to supply Webb took place. Webb has since PRISONER information he was then taken been released from prison. outside where the ~rds handcuffed In response to the 'firing of TORTURE his arms behind him around a small the three guards FDOC Secretary tree. McLemore then sprayed Webb Michael Moore.stated, 'We have no FIRED with a chemical like,pepper spray as tolerance for abuse ofinmates in our Webb hung helplessly fastened to the custody." Moore made no comment tree. Webb believed the spray was on whether he thought Webb's abuse WEWAHITCHKA-Three Florida not the same as that issued to DOC was another "isolated incident" as he Department of Correction's prison guards. labeled the murder of death-row guards were fired April 19 following DOC documents say that prisoner Frank Valdes by guards in a year-long investigation by the then the guards beat Webb, hitting 1999. department into allegations they him .numerous times and then left The allegations of Webb's tortured a state prisoner. him cuffed to the tree for an treatment are far from the only Fired were Lt. Cannen "extended period oftime." allegations of abuse at prisons McLemore, Sgt. Christopher Wood McLemore had worked for located in Gulf County. The main and Correctional Officer Donald the DOC for 12 years, and is also a prison, Gulf Correctional, has a' Guillot who were' accused of Gulf County Commissioner. Several widespread reputation among torturing prisonerWdliam Webb at years ago when a prison chain gang Florida's prison population as being Gulf ForestJy Camp, located in the was operated out ofGulfCI, another one of th~ state's worse prisons, rural Florida panhandle, in July prisoner accused McLemore of where prison guards appear to have a 2000. making him get on his knees where Dee rein to beat and abuse prisoners. DOC investigation McLemore put a loaded handgun to According to some sources, newly documents allege that the guards his head and cocked it. The FDOC arriving prisoners at Gulf CI. are began by slapping Webb while trying took no action in that case. often told when they get offthe bus to force him to reveal information Wood also was a 12-year that while the town ofWewabitchka

I'AMIUES ADVOCAlES PRISONERS Mandatory HlV Testing Bill 2 ~ Death Penalty Debate Increases ~ ... .. 4 FDOC Annual Report Summary...... 7 Post Conviction Comer...... 10 ~ Notable Cases 14 Writing to Win 18

UIIITED fOR !'RlSON REfORM ------FLORIDA PRISON LEGAL PerspectIVes

FLORIDA PRISON LEGAL is nearb~that they are now in According to ber bill, if ' PERSPECTIVES 'Wewillhitcba" as what will happen signed or allowed to become law by P.o. Dol: 660-387 if they cause a problem. This Gov. Jeb Bush, prisoners found to be Chuluota, Florida 32'766 statement is usually made by a higb­ HIV positive will be linked to health Publishing Division of: ~guard. care while stiU in prison, and referred FLORIDA PRISONERS' LEGAL A~D One prisoner who just left to doctors for Medicaid bankrolled ORG., INC 0u1f CI after being there six years. ' treatment once they are released. A SOl (cX3) Non ProfitOrganilation claims guards murdered several The bill provides exceptions to FlIX (.ron 56B.0200 EmaiJ: [email protected] prisoners while he was there, but prisoners who have already been Website: www.fplllO.org nothing was ever done about it tested within the year before their because they were always covered up release, to those already known to be and the FDOC central office didn't HIV positive, or to those released by seem to care what happened there. an emergency court order. FPLAO DIRECTORS While recently, he said, the beatings The bill's passage came only Tcn:sa A Bums-Posey Bob G. Posey, CPL have slowed down some, they still a couple o.f' months following the . DancIJ E. Blackwelder, CPL are' happening, "especially in the release of a new report by the David W. Bauer, Esq. , confinement unit." Centers for Disease Control in Loren D. Rhoton, Esq. Oscar Hansen, CPL [Sources: St. Petersburg Times, Atlanta. The CDC report released in Linda Hanson 4/20/02; personal interviews]- February indicated that AIDS is the leading cause of death among blacks in Florida between the ages of24 to FPLPSTAFF BILL PASSES 44. The CDC report also listed the Publisher Teresa A. Bums-Posey 10 U.S. cities with the highest Editor BobG. Posey LEGISLATURE HlV/AIDS infection rates in 2000. Co-edltor Oscar HlIl1SOfI Rcsearclt Shenilohnson FOR Miami headed the list, with 58 cases AdministnUivc Assistant Darrell E. Blackwelder per 100,000 people. Ft. Lauderdale MANDATORY was third (behind New York) with 53 cases per 100,000 and West Palm FPLP ADVISORY BOARD . William VlII1 Poyck HIVTESTING OF Beach reported 48.2 per 100,000. Philip Bagley-Terry Vaugim Disturbing to Rep. W1lson is . MldJacl Lambrix-lamcs Quigley PRISON that blacks top all other ethnic groups Unda Gotllieb-Susan Manning Enrique Diaz-Genc Saber in total AIDS cases, about 35,000 Michllcl Palmcr-Mark Sherwood RELEASEES blacks in Floricla-one in every 50 Trisb Mills black people-carry IfiV according to TALLAHASSEE-During April the the Fla. Dept. of Health. Florida's Florida Legislature passed a bill that prison population is about 60 percent would require all prisoners being black. released from Florida Prisons to be That prisons are tested for HI\~ the virus responsible experiencing an HIVIAIDS' epidemic for AIDS. is not new news. In a report released House Bill 1289 (2002) was by the Bureau of Justice Statistics, a sponsored by Representative bureau within the u.s. Justice Frederica Wilson, D-Miami, and Department, in June 2001, it was would require the Florida noted that AIDS cases among Department of Corrections to test prisoners is five times greater than prisoners for HIV at least 60 days the rate "among the nonincarcerated before they are released from prison. general population of the United "AIDS is being fed and bred States. The BJS report, surveying in prisons," Rep. Wtlson said. prisons and jails nationwide between "Promiscuous sexual acts, 1995 and 1999, found that 3.4 intravenous drug use, needle sharing. percent of all female state prisoners and the proliferation of tattooing," were HIV positive, compared to 2.1 are mctors that contribute to HIV in percent of male prisoners. And Florida prisons, claims W1lson. while the number ofAIDS deaths in ______2 ------FLORIDA PRISON LEGAL Perspectives ------'------state prisons had dropped from the cost. 'IfHB 1289 is implemented 717,000 prison and jail guards, and \,\)\Q in 1995 to 242 in 1999, AIDS. it is exPected to cost taxpayers $1 455,000 people who work in the remains the second-leading cause of million a year, pemaps a hard sell court system, according to the BIS death for state prisoners, only behind with the budget situation in Florida study. The expenditure in 1999 "natural causes other than AIDS." sotigbt. amounted to 7.7 percent of all state Still, the percentage of AIDS related and local gove~ spending, deaths in state prisons is almost twice [Sources: BJS report, HIV in Prisons approximately the' same as aU the rate ofAIDS related deaths in the and Jails, 1999, NCJ 187456, July government expenditures an health general U.S. population. 2001 (available from care and hospitals for the same The BJS report is of even www.ojp.us.doj.govlbjsl; The Miami period. more concern as relates to Florida. Times, 4/24 - 30102]- . The monumental cost of Although AIDS cases are found in crime and incarceration has caused every prison system, New York, some states around the country to re­ Florida, and Texas were the three BOOM OR BUST evaluate laws that were adopted in most infected states. Collectively, The High Cost of Running a the 1980's and 90's behind "lock those three states account for one­ Prison Nation them aU up" policies that forced half of the HIV-positive cases in many states into a prison buileting prison reported nationwide. America, the land of freedom and frenzy. With many states struggling HIV testing varies widely liberty, imprisons more of its own with budget deficits this year, some among prison systems. Texas and citirAms than any other country in the states have realiz.ed that perhaps the Geo~ for example, have very world. In a report released by the "get tough" policies went too far and limited testing. Florida has U.S. Justice Department this past are now looking at ways to scale previously only tested when a August statistics showed that the back spending an incarceration and prisoner requests it. U.S. federal, state and adult prisons. Other states require more correctional population rose another Collectively, states report ftequent testing. Some states test aU 2 percent in 2000, to a I'eC9rd 6.5 that they anticipate a $40 billion prisoners when they enter the prison million people. That number budget shortage this coming fiscal system. Only three states, Arkansas, represents the total number of year, which ifrealized will~be one of Nevada, and South Carolina, and the prisoners in prisons and jails as weD the most burdensome deficits ever Federal Bureau of Prisons, test aU as those on probation or parole. The experienced. The last time states prisoners at least once a year. 2 percent increase, however, was experienced substantial budget Even more problematic in below the ~ual increase of 4 shortages was in 1991, when together Florida is while there are laws that percent averaged for each year they had to cut $7.6 billion, less than require prison officials to provide during the last dec:ade. That small one-fifth ofwhat is expected to have extensive HlV/AIDS education to slowdown may be attributed to the to be cut this coming fiscal year. prisoners, the FDOC only did that steady decline in the crime rates over Recent Justice Department when the law was first passed years the past decade, or to the growing statistics show that approximately ago. Now according to prison realization ofjust what it is costing $24 billion is spent by states every activists, very little infonnation is the U.S. and individual states to base year now on incarcerating 1.2 million available to prisoners on the subject a significant portion ofthe economy nonviolent. prisoners. Additionally, from the FDOC, and HIv-infection on a crime and prison industry. several polls have shown that public rates are continuing to increase. In February the Justice opinion is changing about While Rep. Wilson's bill is a step in Department's Bureau of Justice incarceration as the first solution, the right direction, eSpecially since Statistics released a new study indicating that the public is more 80 percent of the prison population showing that in 1999, the last year receptive to alternative sentencing, will be released at some point, for which figures are available to rehabilitation, and prevention for prevention, and not merely date, the cost of America's War on nonviolent offenders. A recent poll identification after the fact, needs Crime was $147 billion, or four by the Open Society Institute shows equal enforcement, claim activists. $les the $36 billion spent in 1982 threIHp1arters of the public favors At the time ofthis writing it on criminal justice. The study noted probation over incarceration for' is not known whether Gov. Bush will that in 1999 almost 2.2 million nonviolent offenders and that a approve or veto the testing bill. ReP. people now make'their livelihoods majority of the public favors WI1scm's first attempt to have such a on the criminal justice industry. That eliminating mandatory sentencing bill passed in 1998 tailed because of includes one million police officers, and a return to discretiowuy 3--- _ ------FLORIDA PRISON LEGAL Perspectives ------

sentencing byjudges. Polls taken in treatment instead ofincarceration for . report ofcriminal justice cmting California and Pennsylvania consideration in this year's Americans $147 billion in 1999, indicated that when lawmakers legislative session, but the stated: "In the 1990'~ when states address state budget deficits that Legislature in Florida has bogged were flush with cash, they could do prism costs should be among the down in making any budget anything. But now they must mike first cuts made. decisions despite an unprecedented bard clioices, and with crime going As state .budgets are three sessions having been held in down, they must put a price on tightened politicians have scaled the past six months.' Even though prisons." back their crime fear-inducing Florida has the third largest prison rhetoric and had to rethink their system in the U.S., and spends [Sources: BJS reports; Justice Policy incarceration policies. Even almost 8 percent of its general Institute report by Judith Green and conservative states are shifting to a revenue on corrections, no Vmcent Schiraldi (2002); New York more moderate approach to crime. lawmakers have been brave enough Times, 10/2/01 and 2/11/02; FDOC , Louisiana, Which has the to suggest that it is an area that could Annual Report 2000-2001]- highest per capita incarceratiOn rate . be reduced to save money. in the U.S., recently abolished Approximately 45 percent of those several mandatory sentencing laws incarcerated in Florida are nonviolent DEATH and returned sentencing discretion to offenders, .according to Florida judges. The move is expected to Department ofCorrections' statistics. PENALTY save Louisiana millions of dollars a Almost 20 percent of the Florida DEBATE year. Similarly, Republican-led prison population is incarcerated for states, including Arkansas, nonviolent drug offenses. The prison INCREASES Connecticut, Utah and North Dakota system did receive some cuts this have increased parole of nonviolent year, education was slashed at all but ,A . panel commissioned by prisoners or e~ mandatory 10 of the FDOC's 125 prison Illinois Gov. George Ryan issued its minimum sent.eQ.cing laws. facilities and in-prison drug report April 15, 2002 recommending Restructured sentencing guidelines in . treatment programs eliminated at all 85 specific revisions to the state's North Carolina have resulted in but 4 prisons. Community capital plmisbment laws, stopping nearly 10,000 offenders being correctional drug treatment programs just short of a recommendation that diverted to alternatives to prison. were also severely reduced, which the state abolish the death penalty. West Virginia, Mississippi and Iowa collectively are almost guaranteed to The 14-member bipartisan recently enacted new laws to increase recidivism rates in Florida panel's report was banded over to increase' alternatives to incarceration and cost taxpayers more in the next Gov. Ryan who indicated that after or return sentencing discretion to few years, according to critics of fblly reviewing the report he would judges for drug or nonviolent crimes. these reductions. likely seek' legislative change to California is reported to be saving Ironically, even Texas with ' Illinois' capital punishment laws. $100 to $150 million annually with it its conservative policies about Ryan has become a major figure in new law that is diverting an estimated incarceration, and having the largest the capital plmisbrnent debate in the 36,000 nonviolent drug offenders prison population in the U.S., is U.S. where he suspended all into drug treatment instead ofprison. doing more than Florida. .Texas has executions in his state in January Florida also claims that it reduced imposing technical 2000 after 13 men had been will suffer a large budget deficit next violations for parolees and increased exonemted in capital cases in Illinois. fiscal year, but its Republican-led parole releases. cutting its prisoti Ryan imposed the moratorium after government is pushing cuts in population by almost 8,000 prisoners he, a Republican and longtime· education and health care for the and saving taxpayers nilllions. supporter of the death penalty, elderly rather than return to Ohio, Michigan, Illinois, and became convinced that there wet\l discretionary sentencing for other Republican-led states have major. flaws in the way capital nonviolent offenders or other ways actually closed down prisons as a punishment is imposed. of reducing its prison population. cost saving measure. Virginia is The panel issuing the report, Gov. JOO Bush has ~ that no planning to close some ofits prisons. which included both defenders and matter what, Florida will retain 85 Michael Jacobson, a critics of capital p1rnishment, ibund percent sentencing for all who are professor at John Jay College of that without serious changes in the , incarcerated. A bill was introduced to Criminal Justice in New York, law, and perhaps even with the best divert first time drug offenders to commenting on the BJS's recent safeguards, as long as the death

4------~------...:.------FLORIDA PRISON LEGAL Perspectives ------

penalty is imposed innocent people exclusive of the jury. The Supreme Nimer, stating, ., am hopeful that may be executed. Court is expected to rule on that case some of our education funding may Fonner U.S. Attorney this summer, and may invalidate the be restored next fiscal year through Thomas Sullivan, who co-chaired the .death sentences of over 800 death­ increased profits from 1I1e canteen panel, said, ''The message from this row prisoners in the nine states. (See and inmate telephone usage which report is clear: Repair or repeal; fix last issue ofFPU', '"Wheel ofDeath: . goes into the inmate welfare trust the capital puniShment system or Florida's Other Lottery Game.,. fund." abolish it." FPLAO staff is woIking An analysis accompanying hard, as usual. to keep an eye on1l1e the panel's report found that of 275 FROM THE changes occurring and a check and deatb-pena1ty cases in Dlinois since balance on what they can. In 1977, over half were later reversed EDITOR December FPLAO Chairperson because of trial court errors, tainted By Bob Posey Teresa . Bums Posey ,tiawled to evidence and mistakes by Tennessee for a two-day meeting prosecutors and defense lawyers. Greetings, to all ofFlorida Prisoners' with representatives from Critical The report also ·supported evidence Legal Aid Organization's (FPLAO) Resistance, a national coalition that bias may be a factor in who is members, supporters, and friends and movement calling for a moratorium sentenced to death or not. Persons welcome to this latest issue of the . on prison building and working to ccnvicted of ~g whites. females, organiz8tion's newsletter. focus public attention on the prison children or senior citizens have a These past few months have industrial complex. The higher chance of receiving the death been interesting, to say the least. organization's staff is alsO sentence over other type killings, the America luis launched its war on networking with 'several other groups report found. terrorism and our entire society is and organizations, including The Illinois report.received being changed to deal with that. The Anmesty lDtemational and local widespread media attention, Middle East is in turmoil and our Florida chapters of the ACLU, to especially when it was released only country has been drawn it. In Florida increase public awareness of human a &w days after the 100111 death-row our state lawma'kers, citing a budget rights abuses in Florida's prison. or fonner death-row prisoner was shortfall, haVe been stymied through In March FPLAO was exonerated by DNA evidence since three sessions in the past seven represented by (retired) attorney 1973. Ray Krone, 45, was released months (and are in a fourth at the Robert Bader at a public hearing tram Arizona'~ death-row April 8, time of this writing) trying to work requested to present opposition to an after DNA tests showed that he had out a budget and define their political FOOC rulemaking proposal to allow been convicted of stabbing a positions for this November's prison staff increased authority to bartender to death in 1991 when the elections. examine the contents of incoming DNA evidence matched that of In Florida, prison budget .and outgoing legal and privi1egec1 another man in prison on unrelated cuts in December slashed into two of mail to or from prisoners. Attorneys charges. the most beneficial programs for Susan Cary, who assists death-row The Illinois report and the prisoners-education and substance prisont?rs, Lisa White Shirley, who l00~ DNA exoneration, both abuse-leavirig even more prisoners wolks with Florida Institutional significant events in a fast-growing idle and the system on a course to Legal Services, and an assistant movement that is placing increasing experience an increase in the already public defender, also went to the pressure on death penahy supporters, high rate of recidivism. In the long hearing with objections. We are came on the heels of another event nm this will cost taxpayers many waiting now to see if. FDOC will "that has effectively placed a times more than the amounts "saved" withdraw, change, or proceed to moratorium on executions in 9 ofthe by slasbiDg education and substance adopt 1I1e proposal wchanged. 38 states with the death penalty. On abuse programs this year. FPLAO is strongly opposed to prison 1anuary 11 of this year the U.S. Florida prisoners and their officials having any increased ability Supreme Court agreed to hear an families will feel the pinch as prison to examine the contents ofprisoners' Arizm1a case that calls into question administrators gear up to figure out mail to attorneys, govellllWlDt the constitutionality of whether a ways to force them to subsidize more officials, orthe media. judge instead ofthe jury may decide of the cost of incarceration. One In April, as noticed in the sentencing factors that contribute to example of that mindset is part of a . last issue of'FPLP, Florida prisoners imposition ofa death sentence. Nine memo sent to all FooC wardens and and their fiunilies lost one of their states, including Florida, allow education supervisors in 1anuary most ardent advocates and activists, judges to make such decisions from Director ofPrograms Richard

5 ---__--:--~-----.------~--- FlORIDA PRISON LEGAL Perspectives ------

Gayle Russell. Over the many years bring them news and resource that Gayle worked at Florida information to help them deal with PLANT CITY Institutional Legal Services in individual problems. Gainesville there is no telling how In recent months it seems MAYOR, many prisoners she helped or their many FPLAO members have slacked POLICE CHIEF fiunily members. She truly cared off OIl recruiting others to become about others. Gayie will be deeply members, That's not good. You are ACCUSED missed by all who knew her or were needed to help the organization ever helped by her. A11 ofFPLAO's grow. Encourage others, inside and OFCOVERUP staft: including myself: were very out, to become members. saddened by Gayle's passing away, When writing to the PLANT CITY·Federal prosecutors but grateful to have known and organiation or this paper's staff, accused Plant City's mayor and worked with her.' To old-time please keep letters as brief as police chief of collaborating to hide convicts, I also note in this issue's possible and to the point. Over 300 criminal evidence against police "In Memory of ..." notice that James letters are received each week, long officers targeted in a federal Bailes, "Ruckus", passed away in letters bog down the staff trying to corruption operation. February. As one old con process that mail. Ifyou write about During late April Assistant . commeuted on hearing the news, "If a problem receiving FPU', state that U.S. Attorney Jeffrey Del Fuoco said Ruckus liked you, you couldn't have and the problem at the beginning of that Mayor Mike Sparlanan paid a better friend." I agree. May he be your letter. If you move or are legal fees for police officer Armand at peace. transf8rred, please complete and send Cotnoir to keep him from talking to Now to the nitty-gritty. Over in the address change form in the federal officials about crimes that the past couple of years it has been back of every issue. And do it as have been committed by police Chief mentioned several times in FPU' soon as possible so FPLP doesn't get Bill McDaniel. In exchange, c~ that the organization needs to hire sent to your old address or returned Del Fuoco, McDaniel agreed to hide someone to work full-time in the to FPLP, or thrown away by prison incriminating evidence about the office. .All of the current staff are mailroom staff(which occurs). mayor. wlumeers, most with their own full· Right now FPLAO is ready The accusations were time jobs or businesses and families. to proceed on several projects that presented in court documents and are They devote what spare time they have been developed, including the latest in a three-year federal can to keep FPLAO and this paper making another serious effort to investigation of police corruption going for Florida prisoners and their reduce the prison collect telephone allegations, including stealing, lying, fiunilies and loved ones. Financially, rates. But with membership growth and looking the other way. the organization functions solely' on stagnant and few members making Prosecutors are claiming that police dues paid by members, some donations, financing those projects officers stole property, conducted advertisement income, and extra may not be possible. It's important illegal searches, filed false reports donations. It is often a struggle to now that all members do something and lied tojudges. stay afloat So fur the money just for the organization. If you can Cotnoir, 27, was in~cted in hasn't been there to hire someone for make a donation, large or small, February on charges of concealing the oftke. When one of the please do so. Over the next few knowledge ofa felony, obstruction of wlunteer staff is out sick or out for weeks, get 2 or 3 other prisoners or justice, depriving and conspiring to other personal reasons, it's that much family .members to join the deprive residents oftheir civil rights. harder to keep everything on organiation. If each member, if Although neither Sparkman nor schedule and going. you, will do this, by the eJid ofthis McDaniel have been charged with a Members are asked to keep year we're going to have something crime, these· latest accusations that in mind arid are reminded that powerful going on, and before then prompted them and a city FPLAO isn't the staff's organimion, things are going to happen that you commissioner to hire a criminal it is YOUR organiation. Becoming didn't think possible. Let's get defense irttorney.. a member isn't just about getting this moving people. now is the time.• . Two other former police paper, itS about being a part of and officers, Robert David Dixon and helping support Florida's only Shawn Corgan, have already pleaded organization that 'is working to guilty in the probe being conducted improve conditions for all prisoners by the federal government and and their fiunilies and friends and Florida Dept. ofLaw Enforcement. 6------FLORIDA PRISON LEGAL Perspectives ------

The aUeged criminal activity comparing the prints to any Service Center at Dade CI to occurred over a four-year period, Unsolved crimes and latent train .. female offenders as from 1997 until February of this prints. service tedmicians. year, said prosecutors. Plant City, a town of 27,000 is located 25 miles • Completed statewide • Fonned educational east ofTampa. implementation of Central . partnership with AAMCO Visitation Authority using a TJaDSJDiSsions, Inc., to [Source: St. Petersburg Times, new computer screen to provide training of offenders 4/28/02] • coordinate and track visitors at)oIk CI. in institutions. The primary objective includes the • Formed partnership with the FDOCANNUAL rejection ofvisitors who may Thoroughbred Retirement be detrimental to~. Foundation to provide REPORT training for inmates at • Implemented new three-year 'Marico CI in the care and FY 2000 - 2001 contract with Florida Drug handling of thoroughbred Screening, Inc. horses. The foUowing figures, statistics, and claims are from the' Florida • Reduced number of service • Connected 30 institutions Department ofCorrection's recently centers from seven to four. and four state courts in released annual report for fiscal year Central and South Florida for 2000-2001, which ran from July 1, • Privatized comprehensive vi~nfen:nce bearin~ 2000, to Jtme 30,2001: health services in Region IV and food services statewide. • InCl88Sed the number of Claimed Accomplishments offenders electronicaJ1y • Changed close management monitored an Global • Managed 72,007 population procedures and Positioning Satellite from incarcerated felons and closed five close 120 offenders to over 500. ~ed 152,018 management units. offenders on probation and FDOCGoals parole, admitted 25,731 new • Established ten fbll timo inmates and carried out the narcotic K-9 teams. o Create automated close lawful release ofover 26,800 management and protective from the department's • Processed 38,367 inmate management systems to custody. grievances and developed a streamline reviews for state more consistent and efficient classification process. • CoUected approximately grievance process through Complete consolidation of $83,550,000 in court-ordered use of regional and the male close management payments from offenders. institutional grievance population to three Ofthis total, $31,360.393 or coordinator positions. institutions. 37.5 percent was paid to victims in'the form of • Assumed responsibility for o Implement statutory restitution. conditional release requirements outlined in interviews from the Florida Senate Bill 912 Criminal • Implemented the Automated Parole Commission. Rehabilitation Aa. that Fingerprint Identificatian authorizes major expansions System (AFIS) at aU five • Assumed monitoring of 403 in transition assistance for reception centers. The Florida Parole ConuiUssion' inmates. system captures high quality interstate compact cases. fingeJPrint images,' thereby o Amend F.S. 945.215 to positively identifying newly • Fonned educational increase weekly inmate draw received inmates and partnership program with from $45 to amount establishing a criminal Ford Motor Company to specified by Secretary to be record for each print and provide Light Mainteoance expended for personal use on 7------_ ------FLORIDA PRISON LEGAL Perspectives ------

canteen and vending I> Probation Officers, Asian, etc.), 67,762 were machine items. (That was 1,973 medical 'staft: and males and 4,245 were done in Dec. 2001 and 5,037 administrative staff. female. weekly draw increased to $65 bythe Secretary«) I> During the 2000-2001 fiscal I> The youngest person in year the FDOC spent Florida's prisons on June 30, o Amend Chapter 944.31 to $1,658,319,871. The 2001, was 14 years old and give the SecretaIy authority average cost per day for the oldest was 89 years old. to designate inspectors prisoners at major within the Office of the institutiOns was $49.75 I> On June 30, 2001, Inspector General as swom ($18,159 annually). approximately IS percent of law enforcement officers. the state prison population, This action will. streamline I> P.R.I.D.E. industries totaled or 10,862 prisoners, were the department's 43 at 20 prisons, had 2,560 considered to be mentally ill. investigative process and prisoner workers and reduce the need for outside employed 213 staff' I> More than half of Florida law enforcement to respond members. prisoners, 63.0 percent, are to internal DC matters, serving sentences imposed particularly in the area of I> In 2000-2001 there were 'after October I, 1995, that making arrests. 25,731 new admissions to requires them to serve a the prison system. (almost minimum of 8S peitst of . Statistics as ofJune 30, 2001 identical to 1999-2000 at their sentences. 25,743), 28.4 percent of 'I> The FDOC operates 57 whom were incarcerated for I> Prisoners averaged a 7.3 major prisons (prisons with drug crimes, and 43.5 grade level in Florida prisons' separate annexes are counted percent had served a prior on June 30, 2001. as one prison). 52 of which prison sentence in Florida are male. 4 female and 1 (recidivists). I> On June 30,2001, there were, with separate male and 371 p,risoners on Florida's female units, housing a total I> During 2000-2001 elderly death. row (368 males, 3 of 60,239 prisoners of the new admissions (over 50 females). Of that number, department·s then 72,007 years old) totaled 1,221 225' were white males, 133 prison papulation. (compared to 821 in fiscal black males, 10 other males, year 1996-97) of which 325 2 white females and I other I> Ofthe 15,58~ ~!!i_cers within or 26.6 percent were . female. the Deparanent 10,838 are incarcerated for drug crimes. classified as corrcaional officers Parole Statistics on June 30, 2001 (69.5%) and 3,831 are I> New admissions 17 years old com:ctional officer sergeants or younger numbered 1,698 • There were 5,682 parole- (24.6%). Lieutenants make up in fiscal year 2000-2001, eligible prisoners with the largeSt percentage, 2.8% (435) while' cap~ incarcerated. Of that 24.8 percent, incarcerated for number, 296 were being (265). comprise L7% burglary. imprisoned in facilities not operated by the FDOC. I> Female new admissions I> On June 30. 200I, the FDOC numbered 2,425 with 36.3 There were 2,252 people on employed 25, 457 people. percent incarcerated for drug • parole in Florida. however, Ofthat number, 15,170 were crimes. .only 825 of those were male, 10,287 were female. Florida parolees, the Racial breakdown is 17,765 I> Of the 72,007 prisoners on remaining 1,422 were on white. 6,071 ~lack, and , June 30, 2001, 38,852 were parole from other states, and 1.621 other. Correctional black, 31,308 were white, S parolees where of officers were 15,587 of the and 1,847 were others unknown origin (no total, 2,860 Correctional (Hispanic, American Indian, explanation for·who those 5

8 ,------FLORIDA PRISON LEGAL Perspectives ------

could be-ed).

• In fiscal year 2000-2001 there were 101 Florida • '!t, ,: In memory of those who have passed on••• parole-eligible prisoners :~ January Feb. continued granted parole. Conversely, there were 101 Florida :j Willie J. Copeland· NFRC Lawrence Brown· Taylor parolees who had their j1 Richard G. Hale· NFRC Jimmie G. Youngerman· NFRC nGary H. Parrish· NFRC Frederick A. Caccavale - NFRC parole revoked and who >' Archie Davis - Wakulla Gerry D. Shingles· NFRC were returned to prison. Of I· Johnny Mack· NFRC James Bailes· NFRC the '101 revocations, 6 i; Jeffrey M. James· Taylor Raymond W. Sims· NFRC parolees caught new charges, Charles E.Morris - NFRC 9S were revoked for February Lee A. Jemison· NFRC technical violations. John R. Jenkins· NFRC I Hilleary Sawyer - Martin Stephen L. Davis· Wakulla Dionne M. Thomas· NFRC Robert S. Hall· SFRC The complete FDOC Annual Report Alfred Owens - NFRC Darrell B. Jarrett· NFRC for fiscal year 2000-2001 (and past Fabian T. Hall- NFRC fisc:al years) can be downloaded and printed (approximately 75 pages) ; .. '., ftom the Internet at: . -.,~ .. .~,\t. _. www.dc.state.fl.uslpub/anitual. •

DAVID.W. COL·LINS, Attorney at La~

fonner state prosecutor with more than 15 years ofcriminal law experience "AV" mted by Martindale-Hubbell Bar Register ofPreeminent Lawyers . I Your voice in TallahaSsee representing prisoners in a/I areas ofpost-conv!ctll!n relief, including:

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9 '. FLORIDA PRISON LEGAL Perspectives

POST CONVICTION CORNER by Loren Rhoton, Esq.

In the last issue I began addressing the filing ofa Title 28 may be dismissed if a judge finds that it fails to §2254 petition for writ ofhabeas corpus by a st8te inmate allege new or different grounds for relief·and the in the federal coUrts. Before filing any such petition, it is determination ofthe prior petition was on the merits. If it best to review the local roles of the federal district court there is a finding that your petition is successive, you will before whom you are filing your petition. There are three need to respond by filing a response setting out why your federal districts in Florida: the northern, the middle and the petition should not be dismissed as a successive petition. southern districts. While each district court is bound by The Appendix of Fonos to the Rules Governing Section the Federal Rules of Civil Procedure (a 2254 petition is 2254 Cases provides a form to use for this purpose entitled civil in nature, not criminal), each district also has local Petitioner's Response as to Why His Petition Should Not roles which must be followed. And, each district~s local Be Barred Under Rule 9. roles can differ. For example, the Northern District When you file your 2254 .petition it is very requires that a 2254 petition be prepared on the form possible that it will be assigned to a magistrate judge' provided in the Appendix ofForms to the Rules Governing instead of a federal district court judge. Title 28 U.S.C. Section 2254 Cases, while the. Middle District does not §636 (bXIXA) authorizes the district judge in habeas impose such a requirement. There are many slight corpus cases to appoint a magistrate judge to consider your differences· in the requirements of the local roles so it is 2254 petition. While the magistrate judge does not have always advisable to review said roles and make sure that the power to render a final and binding decision on your your federal habeas petition complies with the Rules of . case, he or she will submit to the court proposed fmdings Civil Procedure and the local roles ofyour federal court. If of fact and a recommendation for a disposition of your you do not have the local roles readily available, then you case. Once a report and recommendation is issued by the should write the clerk of your district court and request a magistrate judge, the parties to the case have 10 days from copy ofsaid roles. the date of the report to file objections with the district The Appendix. to the Rules Governing Section judge. Ifsuch objections are filed the objecting party may 2254 Cases in the United States District Courts provides a receive a de novo review ofthe petition. As is provided in Model Form for a §2254 habeas corpus petition. Said Rule 8(b)(4) ofthe Rules Governing Section 2254 Cases in form will be extremely helpful to the pro se petitioner as it the United States District Courts: «A judge of the court informs the petitioner all of the information the district shall make a de novo determination ofthose portions ofthe court will need in order to consider the petition. It is not report or specified proposed findings or recommendations necessary to cite case law in your petition itself. Instead, I to which objection is made. A judge of the court may would recommend that a memorandum in support of your accept reject or modifY in whole or in part any findings or petition be filed which fleshes out your claims with recommendations made by the magistrate judge." supporting case law and.application ofthe legal standards Therefore. ifthere is a report and recommendation from a to the facts ofyour case. magistrate judge in your case that is not to your advantage, It is important to plan your petition out ahead of then any harmful aspects ofthe report and recommendation time and make sure that you raise all ofyour issues in one should be objected to within' ten daYs: In addition to petition. Essentially, you will want to raise all of the obtaining a de novo review ofthe issues, this also serves to constitutional issues that you have already presented in preserve your objections for appeal. Generally, in the your direct appeal and state postconviction motion(s). If Eleventh Circuit Court ofAppeals for the United States, a you try to present several habeas corpus petitions to the petitioner must object to the magistrate's report and district court any petitions after your first one will likely be recommendation in order to preserve the issue for appeal; considered successive. A second or successive petition However, this only applies if the magistrate judge

10---- _ ------FLORIDA PRISON LEGAL Perspectives ------

infonned the parties ofthe need to object within ten days. . See Wiley v. Wainwright. 709 F.3d 1412 (11 1b Cit. 1983). *Issues relatingtoJurv Selection- See, Thus, it is the best practice to always file written objections Amadeo v. zant, 486 U.S. 214 (1988); and to the magistrate's report. It will obtain a de novo review Coleman v. Kemp, 778 F.2d 1487 (l11b . of the issues and facts and will preserve your right to Cir.1985). pursue your appeal ifnecessary. There are numerous issues that can be raised in a * InvoluntIUy Statements to. Law 2254 petition. Of course, as was discussed in my last Enforcement- See, Christopher v. Florida 824 article, it is vel)' important that you first exhaust these F2d 836 (lllb Cit.l987); and, Cervi v. issues at the State level before raising them in your 2254 K!mm. 855 F.2d 702 (l1 1b Cir. 1988). ' petition. (See "Post Conviction Comer" in March-Apri~ 2002, FPLP). Because the potential issues that can be *Claims Relating to InvoluntaJy Pleas­ raised in a 2254 are so varied, there is no possible way I U.S. v. Loughery, 908 F.2d 1014 (D.C. could provide an exhaustive list ofsuch claims. Therefore, . Cit. 1990); and, Garmon y. Lockhart; 938 I will merely try to give some examples that I hope will be F.2d 120 (8th Cit. 1991). helpful. Of course the best places to look for issues to . present in your 2254 petition are in your direct appeal and There are many more issues that can be raised in a· 2254 any state post conviction motions that you have filed. Any petition. therefore, I recommerid that you not limit yourself issues of a constitutional (federal constitution) nature that to the above issues. I also recommend that you not fall into have previously been raised will be ripe for consideration the trap of thinking you did not preserve your in your 2254 petition. The following are examples of constitutional issues at the State level because only State issues cognizable in 2254 proceedings: law was referenced in your briefs or motions. Just because federal case law was not cited, it does not mean that you *Jwy InstJUctions- Thomas y. Kemp, 800 did not raise the constitutional issue in the State COUlts. As F. 2d 1024 (Illb Cit., 1986); and, ~ long as the constitutional question was addressed, then v. Kemp, 762 F.2d 1449 (11 1b Cir. 1985). your issue was raised and exhausted and is ripe for federal review. *Counsel's Failure to Investigate Case­ In my next issue I will be addressing the appeal See, Futch v. Dugger, 874 F.2d 1483 (I lib from the denial of a 2254 petition and the RW'SUit of a Cit. 1989); Aldrich v. Wainwright, 777 certificate of appealability for pennission to appeal your F.2d 630 (lIth Cit. 1985); and, Code y. case. In the meantime I wish my readers good luck with Montgomety, 799 F.2d 1481 (lIth Cit.· their post conviction pursuits. 1986).

*Ineffective Assistance of Counsel­ Loren Rhoton is a member in goodstanding with the Florida Bar Strickland v. Washington 466 U.S. 668 and a Member ofthe Florida Bar Appellate Practice Section. Mr. Rhoton Practices almost exclusively in the post conviction/appellate (1984); and Smith v. Dugger. 911 F.2d area ofthe law. both at the State and Federal level. He has assisted 494 (Illb Cir. 1990). hundreds ofi"carceratedpersons with their cases and has numerous written appellate opinions. 0 *Ineffectiveness of Appellate Counsel. Evins v. Lucey- 469 U.S. 830 (1985); and, Mayo v. Henderson, 13 F.3d 528 (2ad Cit. 1994). Florida Prisoner's Litigation Manual *Prosecutorial Misconduct- Troedel v. 1b InflT1l1ati01l. on Prison Discipline Dugger, 828 F.2d 670 (11 Cir. 1987); Mandamns & Appellate Review and, Brown v. Wainwright, 785 F.2d 1457 (lllb Cit. 1986). A MUST HAVE FOR FLORIDA PRISONERS *Issues Relating to the Defendant's Only $24.95 + $3.95 S&H ALBERT PUBLISHING CO. Competency to Stand Trial- See Wallace v. P.O.BOX 30280 PMB 111 PHOENIX. AZ 85046- 0280 . ~ 757 F.2d 1102 (1 lib Cir. 1985); and Strickland v. Francisu, 738 F.2d 1542 (I lib Cir. 1984). 11 _ ------FLORIDA PRISON LEGAL Perspectives ------

DUI offenders. Instead of one Innocent on Death Row continuous prison term, Isanti NEW YORK -A federal judge in Worldwide Executions County District Judge James Dehn. New York .said he will declare the Almost Double In 2001 imposed staggered terms of federal death penalty incarceration. Offenders were According to statistics released by un~onal ~ess the sentenced to serve one-tbird of their Amnesty International. during April government explains why so.many time immediately, one-third a year 2002, the number of government condemned prisoners are now being later, and one-third a year after that. executiOns worldwide .. almost ~onerated. Federal Judge Jed In between those terms, if the doubled in 2001 compared to 2000. Rakoff' said innocent people are offenders could show reform, they The increase was attributed to an being sent to death row "with a could have the remaining term· increasein~mmonsinOilim. The frequency far greater than previously vacated. However, any violation Amnesty report noted that 3,048 .supposed." during the terms resulted in people were ~ecuted in 31 [Source: USA TODAY, 4/26/02] incarceration for the remainder ofthe countries, up from 1,457 in 2000. sentence. Ofthe 60 cases that' Judge China led all other 'COuntries in the Dehn sentenced in that inanner, only number of executions in 2001, All Prisoners to Provide 3 offenders had committed new reporting 2,468 executions, up from offenses over a four-year period. DNA 1,000 executed in 2000. China's Judge Dehn bas considered this type WASHINGTON - New legislation increase in executions was credited sentencing for other crimes. was signed into law by WA. State to acrackdown on crime, including Gov. Locke that requires· DNA execution of thieves and col1Upt samples t9 be taken from every government officials. The U.S. Nationalize Death prisoner in the state. both· those in executed 66 people 'in 2001, the prison and in jails. WA currently has lowest number since 1996. Penalty a DNA database of 30,000 felons. While the U.S. Supreme Court is The new law will affect an additional taking yet another look at the death 20,000. Virginia recently enacted a Innocent Man Dies in penalty in the U.S. (See ''Wheel of similar law. Prison Death," FPLP Vol. 8, Iss. 2), [Source: AP, 413/02] Attorney General John Ashcroft MARYLAND DUring April continues his death penalty crusade. Baltimore prosecutors admitted that a According to a recent article in Time man convicted of a murder in 1991 magazine, Ashcroft recently Prison Barbershops and who died in prison in 1995'was overruled recommendations from the Unregulated innocent.. Henry Roberts, who died U. S. Attorney in Brooklyn, N. Y., as CALIFORNIA - At a news of heart failure at· age 65, had well as from his own committee of conference held in So. Los Angeles maintained his innocence in the lawyers who review death-eligible during March AIDS activists, death of his nephew. The case was cases, and instead decided to seek supported by Rep. Maxine waters, reopened two years ago, and a judge capital.punishment for Emile Dixon, announced the filing ofa class-action has now accepted a guilty plea for an alleged drug kingpin. This is the federal lawsuit seeking a ban on the the murder from another man. twelfth time since he took office last state's prison barbershops using year that Ashcroft bas ordered the unsterilized clippers. The activists death penalty be applied when local claim thousands of prisoners have Installment Plan Prison U.S. prosecutors did not seek it, been exposed to HIV or hepatitis Terms according to the Death Penalty because of \Ulsanitary barbering MINNESOTA -A state Sentencing Resource Council, a network of practices. State law in CA exempts Guidelines Commission is reviewing lawyers who defend capital the prison system from sanitation a proposal for some prlsonelS to do defendants. Kevin McNally, a death­ regulations. their sentences on an. insta11meat plan penalty defense expert, believes that [Note: Florida has similar laws as an alternative to the state's current there appears to be an aggressive ~empting prisons from the sentencing scheme. The idea started attempt, spearheaded by Ashcroft, to sanitation requirements that must be with a rura1 trial judge who decided nationalize the federal death penalty. observed by barbers for the public­ to try something different with repeat [Source: Time magazine. 4/22102] ed] [Source: Los Angeles Times, 3/12102] 12------FLORIDA PRISON LEGAL Perspectives ------,.------

~~ ;.-,.:.~ I 1_,_RH__O_T_O_N__&_H_A_Y_M_".A_N_,_P_eA_e_11

LOREN D.RHOTON :"D~ Attorney At Law ';,1] !~U r'·:=,! \i.;i: :':.;'~ i.,i POST CONVICTION ATTORNEY. , , . ~t~ k;;·:,:;;'·~~·~h:~~i·~);:'JjL~:·:· :~:"~ <~- -;. ;:".'.J~.;' ~ .:"., /.";-Lil;ji;.JiJ1iiJiji;\;L:1ii)~,A~fii{lt>li~61i/~}~·~i~·::~>~·L~~; ··:L~>,·:~·~~<~~[l ;~:~~:{>: ~':i;~:L~;p;, ~"~ :/." : !".!."

{!:: DIRECT APPEALS {!::' 'STATE POST CONVICTION {!:: SENTENCE CORRECTIONS {!:: FEDERAL PETITioNS FOR WRIT OF HABEAS CORPUS J:" ~:+:: NEW TRIALS

~:+:: INSTITUTIONAL TRANSFERS ::. ~~l :;

; \. 412 East Madison Street / 1 '. Suite 1111 ,i i '. .,., a Tampa Florida 33602 (813) 226-3138 !~~(I;IlI;j.

., he hiring ofa lawyer is an important decision that should not be based solely on advertisements. "'.1 .. '. ~fore you decide, ask us to.s.egclyou fr~ writtell. iJ:IJQrJ~~tion abq~t~ur gu~".fi~«9~;';, . rJ,;::~~jj<\j.;...:: J~;~~:.6·~~ :.~:_ '_'~.: _.'~, ~,'. ~i:",'L :L~; ~ .~ ··~~~~~i2i ).·1\;:J··:·(~~~0S:·l)..J1':i/.lil!(b ;~_0~~ ~.~~~·: ~lli.r,Jj·'~··\! ·/i-\"r~·:,,/ ·fjj~iii:2~·;iM·I:l' ~' .../' :.-;.: '. 2- .." ,.;; ... I .. .:.(, .

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- - ,------h ~ / ',' < - - -- - • 13---- _ ------.FL!,RIDA p,RISON LEGAL Perspectives ------

The following are summaries of recent state and federal cases that may be useful to or have a slgnifi~nt impact on Florida prisoners. Prisoners Interested In these cases should always read the full case as published In the Florida Law Weekly (Fla. L. Weekly); Florida Law Weekly Federal (Fla. L. Weekly Fed.); Southern Reporter 2nd Series (So.2d); Federal Supplement 2nd Series (F.Supp.2d); Federal Reporter 3rd Series (F.3d); or Supreme Court Reporter (S.Ct.).

UNITED STATES COURT OF ~ issue in ~ appeal was freely exercise his religious beliefS APPEALS whether certain statements made by a and violates the Equal Protection correctional officer we~ protected Clause of the Fourteenth DuPree v. Palmer, IS Fla. L. Weekly under the Fifth Amendment to the Amendment. Wilson further alleged Fed. C 348 (11 th Cir 317/02) Constitution and· Garrity v. New that the Procedure Directive violates William DuPree, a state Jersey, 385 U.S. 493, 87 S.Ct. 616 the Religious Land Use and prisoner, appealed the U.S. District (1967). Specifically, Vangates Institutionalized Persons' Act of Court's order dismissing his civil contended that her conviction for 2000. Pub. L. No. 106 - 274, 114 rights complaint filed pursuant to 42 deprivation of a prisoner's Stat. 803, codified at 42 U.S.C. U.S.C. Section 1983. The District constitutional rights under color .of Sections 2000Ce, et seq, (hereafter. Court dismissed the complaint under law and obstruction ofjustice should referred to as RLUIPA). the three strikes provision of the be overturned because the district Prison official moved to Prison Litigation Refonn Act Court erroneously concluded that her dismiss the complaint on the grounds (pLRA) found in 28 U.S.C. Section testimony from a previous civil trial that: (1) Wdson failed to exhaust 1915 (g). was admissible in the criminal administrative remedies as to some On appeal DuPree argued proceeding. The Eleventh Circuit ofhis claims, (2) some claims are not that the District Court erred when it rejected this fonner correctional ripe for judicial review because denied informa pauperis status and officer's argument and affinned her. Wilson lacks standing to argue those dismissed the complaint. Once the conviction. claims, and (3) some claims are District Court denied' DuPree leave barred by the statue oflimitations. to proceed infonna pauperis, he [Comment: Vangate5' conviction The District Court reviewed attempted to revive the complaint by arose from her participation with the Magi$trate's Report and paying the filing fee. This effort other corrections officers, Srigetta Recommendation and decided to failed. Mas and RenaSymonette, who in adopt the report, which granted The 11 th Circuit held that the concert with each other, physical DOCs motion to dismiss in part, and proper procedure in this beat prisoner Novelette Hamihon in denied in part. Because of the circumstance was for the District a South Florida Detention Facility. complexity ofthis case and the space Court to dismiss a complaint without In the civil case a settlement was constraints of this section, any prejudice when it denies a prisoner reached during trial.] prisoners who have been hindered leave to proceed infonna pauperis from practicing their Native pursuant to the three strikes UNITED STATES DISTRICT American religion should read the provision of section 1915 (g). The COURTS above case. The RLUIPA required prisoner does not have the option to prison officials to do more to seek informa pauperis ~ then, if Wilson v. Moore, IS Fla. L. Weekly accommodate the religious need of denied, pay the filing fee to keep the Fed. D 211 (N.D. Fla. 216/02) prisoners. It will benefit all religious case alive. The prisoner subject to Florida Prisoner Jason prisoners to become familiar with the three strike provision must pay WIlson field a civil rights complaint this Act. the full amount at the time he against DOC officials alleging that initiates his suit. FDOC Procedure Directive 503.001, Wilson v. Moore, IS Fla. L. Weekly which provides guidelines for Native Fed. D 215 (S.D. Fla. 211102) United States v. Vangates, IS Fla. L. American religious observances, Florida Prisoner James Weekly Fed. C 454 (Ilib Cir 4/8/02) violates his First Amendment right to Wilson sought habeas corpus relief ------14------_ ------FLORIDA PRISON LEGAL Perspecbves ------

-from his conviction for indirect Gomez, and the Court declined to percent provision) is invalid under a criminal .contempt of court on the address the remaining groups (1,2, single subject analysis.. gro1D1d that it violated his First and ·6). In this case, Mark Wmlder, In Thompson, the Court . Amendment right to freedom of Christopher Hall. and James Cross concluded that chapter 95-182, Laws speech: The indirect criminal represent the remaining groups. ofFlorida, violated the single subject contempt charge stemmed from a 'In sum, the Court provided requirement of Florida's' letter he wrote to his trial judge who no relief to Winkler or Hall, but did Constitution and held it to be invalid had recused himself prior to grant reliefto Cross. The breakdown in its entirety. Section 2 of the sentencing. The letter was sent after ofthe offense dates and the type and invalidated law would have only the recusal and sentencing but during amount of gain time credits are as amended section 775.084, Fla. Stat., the pendency ofthe direct appeal for follows: Group One: Offens" dates to provide that the newly created his original criminal convictions. must fall between June 15, 1983 and category of offenders denominated The letter contained profdne June 30, 1985. Emergency' Gain "violent career criminals" would be statements. Time at 98 percent of lawful required to serve 85 percent oftheir The District Court adopted capacity. Total possible· relief: 0 sentences. The time window for the Magistrate's Report and days: .Group Two: Offimse dates challenging the application of95-t82 Recommendation that recommended must fall between July I, 1985 and was opened on October 1, 1995 and the petition to be granted as to the June 1. 1986. Emergency Gain Time closed on May 24, 1997. See. Salters claim that indirect criminal contempt at 98 percent of lawful capacity v. State, 758 So.2d 667 (Fla. 2000). conviction was entered in violation (defined as 133 percent of design In Beggs, the Court ofpetitioner's First Amendment right capacity). Total possible relief 720 concluded that chapter 95-184, Laws to freedom of speech. The Court days. (Phase One: 330 days, Phase of Florida also violated the single reasoned that the State court's failure Two: 390 days). Group Six: Offense subject requirement and J1eld it to be to apply more stringent clear and dates must fall between September I, invalid. Section 26 ofthe invalidated present danger test to the facts ofthe 1990 and June 16, 1993. Provisional law only amended the principle gain case was c:01rtrary to, or involved an Credits at 98 percent of lawful time statute (994.275) to generally unreasonable application of clearly capacity (defined as 133 percent of clarify which version ofthe gain time established federal law as detennined design capacity). Total possible statutes should apply if an inmate by the U.S. Supreme Court. Thus, relief. 822 days. had multiple sentences &bm dift'erent the indirect criminal contempt years. Nothing in the law required conviction was vacated. [Comment: This case is very prisoners to serve 85 percent oftheir The Eleventh Circuit convoluted and in order to determine sentences. The time window for instructed courts that· when faeed your eligibility for these additional challenging the application of95-184 with out-of~urt speech that is awards you should consult an w~s opened on October I, 1995 and critical of the judiciary. the courts attorney or a law clerk within your closed on May 24. 1997. See, Trapp must follow the Supreme Court's institution.] v. State. 760 So.2d 924 (Fla. 2000). precedent, which requires a more While the provisian relating substantial showing than that the Comer v. State. 27 Fla. L. Weekly to serving 85 percent of. sentences speech tended to or was calculated to S 245 (Fla. S. Ct. 3/14/02) imposed for "violent career embarrass a judge. Florida prisoner Sean Comer criminals" created by chapter 95-182 sought habeas corpus relief in the is clearly. null and vOid after noridaSup~eCourt Florida Supreme Court arguing that Thompson, nothing in this section Florida's 85 percent statute was effects the law regarding the service Winkler v.Moore, 27 Fla. L. unconstitutional. Comer based his of 85 percent of sentences for other Weekly S 373 (Fla. S.Ct. 4/25/02) argument on recent Supreme Court offimders. The general provision that lu Gomez v. Singletary, the decisions: Thompson v. State. 750 created the requirement for seniing. Florida Supreme Court addressed So.2d 643 (Fla. 1999); Heggs v. 85 percent of a sentence imposed gain time in context ofprisoners who State, 759 So.2d 620 (Fla. 2000); and was enacted by chapter 95-294, were never awarded certain types of Trapp v. State, 760 So.2d 924 (Fla. section 2. And this enactment is not overcrowding credits. but should 2000). The Supreme Court ruled, unconstitutional. have been awarded such credits. contrary to Comer's assertion, This case is a continuation ofGomez. nothing in Thompson or Heggs Hunter v. State, 27 Fla. L. Weekly S Only three groups (Groups 3,4. and indicates or holds that chapter 95­ 284 (Fla. S.Ct. 3128/02) 5) were actually represented by 294 (Laws ofFlorida enacting the 85 The Supreme Court ______'15 _ ------FLORIDA PRISON LEGAL Perspectives ------

addressed yet another constitutional and conditions of an early release In his habeas p¢tion, Meyer challenge to the Prison Releasee program is properly filed in a petition sought to be returned to Kansas to Offender Act on the grounds that it for writ ofhabeas corpus. Gillard v. serve his sentence. ThB DCA denied violates the prohibitions against Florida Parole Comm'm, 784 Sc.2d certiorari on the premise that the double jeopardy and cruel and 1214, 1215 (Fla. III DCA 2001). circuit court lacked jurisdiction to unusual punishment. The Court Further. a petition for a writ of consider or even grant Meyers the determined there was no merit to this habeas ,corpus is ~ona~ reliefhe requested. latest attack and upheld the exempt from all court costs and filing 'Under the Interstate constitutionality ofthe PRRA. fees. Stanley v. Moore. 744 Sc.2d Corrections Compact, Florida 1160. 1161 (Fla. 111 DCA 1999). ~ Cometions officials act only as Major v. Slale, 27 Fla. L. Weekly S to proper jurisdiction, the petition is agents for the state or Kansas. and 269 (Fla. S.Ct. 3/28/02) ~ be' filed in the circuit court having the Florida court, lacks jurisdiction The Florida Supreme Court jurisdiction over the county in which over the length of incarceration or has ruled that neither the trial court the prisoner is currently incarcerated. whether that incarceration is served nor trial counsel has an affirmative Gillard. 784 So.2d at 1215. Thus, in Kansas or Florida. However, obligation to advise a defendant that the case should have been transferred , because Meyer also alleged that a plea in a pending case may have to the proper circuit court within Florida was not complying with the sentence enhancing consequences if Hamilton County where Heard was terms of the Compact, the Florida the defendant commits a new ~ incarcerated when he filed his action. courts could exercise Mandamus or in the future. In so holding, the injunctive relief to require Court reaftinned an earlier decisioo Dukes v. State. 27 Fla. L. Weekly D compliance. But Meyer had not rendered in Slale v. Ginebra, 511 503 (Fla. III DCA 3/1102) sought such relief. The DCA So.2d 960 (Fla. 1987), which held In aconstitutional challenge instructed Meyer to seek mandamus that neither the trial court nor trial to the 10/201lifestatute (775.087 (2)­ . or injunctive relief in the circuit counsel has a duty to inform a (7). Fla. Stal), which required court.- defendant of couateral consequences minimum mandatory terms of ofhis guiltyplea. imprisonment for the use ofa firearm in the commission of a felony, the ------FLORIDA DISTRICT COURTS First District Court of Appeal ruled ...... OFArPEAL the statute did not violate the separation ofpowers doctrine nor the How executions stack up Heard v. Florida Parole single subject requiremeot .of the Since capital punishment was reinstat­ Commission, 27 Fla. L. Weekly I) Florida Constitution. See also, ed in 1976, there have been 769 execu­ 637 (Fla. 2d DCA 3/20/02) Nelson v. State. 27 Fla. L. Weekly D dons In the USA. States with heaviest use Florida prisoner William 548 (Fla. 4t1l DCA 3/6102) (same). ofthe death penalty: ~Thxas:264 Heard petitioned the First District ~ VJTginia: 85 Court of Appeal for a writ of [Note: The 10/2011ife statue is not to ~ Missouri: 57 certiorari to review an order entered be confused with the three strikes ~ Florida: 51 ~ Oklahoma: 50 by the circuit court upholding the statute, which was found ~ Louisiana: 26 revocation of his parole by the unconstitutional by the Second Florida Parole Commission. The District Court ofAppeal in Tay(or v. In that same period. 100 convicts on their Wl:J to the death chamber have First DCA concluded that the circuit State, 27 Fla. L. WeeklyD 250 (Fla. been released after being found to have court bad departed from the essential 2d DCA 1/23/02).] been wrongly convicted. States with the requirements of the law by: 1) most such mistakes exposed: ~ Florida: 22 treating Heard's habeas corpus Meyer v. Moore, 27 Fla. L. Weekly ~ Illinois: 13 petition as a petition for writ of D 764 (Fla. 2d DCA 413/02) ~ Oklahoma: 7 mandamus and requiring him to pay Kansas prisoner. Jack ~Thxas:7 ~ArIzona:6 a filing fee. and 2) exercising Meyer. who is serving his Kansas ~ Georgia: 6 jurisdiction of Heard's habeas sentence in the sate of Florida petition even .though ,Heard is pursuant to the Interstate Corrections incarcerated in a county within. a Compact, section 941.56, Fla. Stat.• different judicial circuit. sought certiorari to obtain .appellate The First DCA cited its prior review of the denial of his petition precedent that revocation of an early for writ ofhabeas corpus. ---.....---- release from prison under the terms ______16 ______---- FLORIDA PRISON LEGAL Perspecbves ------

MICHAEL V. GIORDANO

AGGRESSIVE POST-CONVICTION REPRESENTATION

The Law Offices ofGiordano & Luchetta 412 E. Madison Stree~ Ste.824 Tampa, Florida 33602 (813) 228·0070 (813) 221-2603 FAX

A STATEWIDE practice specializing in Post-Conviction Reliefon both the State and Federal levels:

**EXEC~ CLEMENCY** **PAROLE** ** DIRECT APPEALS ** ** HABEAS CORPUS** ** POST-CONVICnON RELIEF ** *INEFFECTIVE COUNSEL *WITHDRAWAL OF PLEA *ILLEGAL SENTENCES *ACTUAL INNOCENCE *I.N.S. DEPORTATION I am a fonner Assistant State Attorney (Felony Division Chief), Assistant Public Defender (Lead Trial Attorney), and member of the faculty at the University of Florida College ofLaw. I have devoted over24 years to the teaching and practice of criminal defense law, and I .am an author of a text·on federal practice in the Eleventh Circuit. The major thrust of my practice has been post-conviction . oriented. There is approximately 70 years of combined experience in my office, including that of a fonner Assistant United States Attorney. I do not believe you can find more experienced representation in the State ofFlorida or elsewhere.

_.:....------17------FLORIDA PRISON LEGAL PerspectIves --.....,------

And then there are sentence and Writing, any writing, should WRITING TO paragraph construction, simple and flow. If your writing flows, it is complex sentences, the thesis smooth and easy to read; its logical WIN sentence, punctuation, and word and organized; it has an obvious by Bob Posey choice, all part of a knowledge beginning, middle, and end; an~ it is intended to teach you how' to more likely to catch and hold your ost people don't think communicate in writing more reader's attention. To achieve that about writing very much. effectively. If you have forgot most flow, most experienced writers M It's something that was of that teaching, and ignore brushing approach a Writing job in three learned in school, or at least enough up on it when faced with the stages. They are: planning, drafting, to get by, and then later taken for daunting task of legal writing, you and revising. granted as it's only done are making a serious mistake. infrequently. Ordinarily, after Generally, the pwpose of Planning leaving school, the average person legal writing is to persuade a court to may write a letter now and then, rule in your favor on an issue. To If you plan your writing make up a list for something, or have compound the problem, you are ahead oftime, you can make it easier to fill out a form every once in a going to be opposed by one or more to read, more understandable, more while. . Unless your job is one that writers on the opposite side who are interesting, though-provoking, and requires you to write, it's not attorneys and whose careers are actually easier to write. Begin your something that you ordinarily do intimately tied to the art of writing. planning with thinking over the very often. That can be a problem You may think you know how to writing you have to do. Give some when circumstances change and write good enough or that it doesn't thought tothe following: sudd~y you are faced with having matter how well you write. You may to write more often. That is often the think the court must and will take • Subject. What is the subject or case once a person goes to prison. into account that you are not a issue that you intend to write about? There, you will be faced with having lawyer and give you more leeway in How broadly or narrowly do you to write more. You write more your legal pleadings. That ideal has need to cover the subject or issue? Is letters to stay in touch with people on even been expressed in a few court there more than one subject or issue, the outside. You often have to write cases in the past. In Haines v. and ifso, will your writing be clearer requests and grievances to prison Kerner, 404 U.S. 519 (1972), a more to your reader ifeach subject or issue official to obtain information or to liberal U. S. Supreme Court than is handled as a separate section deal with problems that may arise. eXists today, stated, in effect, that pro within your overall writing? And, it you are unable to hire an se prisoner legal p'eadings must. be attorney and wish to challenge your held to less stringent standards than • Information Sources. What conviction or sentence, you will be formal pleadings drafted by lawyers. sources of information will you need faced with a Jot more writing, often The reality, however, is a different to do the writing? Do you have the more than you have ever done before story. Most judges have little documentation that you will need to in your life. One notable thing about patience with prisoners trying to refer to? Have you researched the legal work, it generates a large litigate. You have several strikes subject or issue and do you have amount ofpaperwork. That is when against you, as far as most judges are your notes from that research bandy? you need to go back to "school" and concerned, just being who you are. realize that writing is a skill, an Ifyou add to that poor writing skills, • Purpose. Are you writing to: important one, that you can always your pleadings are not going to be inform . readers~ persuade them, learn to do more effectively. In fact, seriously considered. obtain some action, or a combination in such a case, your very freedom Any effective prison litigator ofthose pwposes? may depend on it. will tell you that you can learn all the WIthout having a reason to court rules, how to do legal research, • Audience. Who are your readers? remember, most. people forget a lot the form for pleadings, etc., but when How much do they already know of what they learned in school about it comes down to it, good writing about your topic? How interested writing. You may remember the skills are essential. You may have will they be? Will they resist or terms for words that English teachers all the law on your side, but if you oppose what you write? How much tried to drill into you, terms like: can't effectively communicate in time do they have to read your nouns, pronoWlS, verbs, adverbs, writing, the odds that you will material? modifiers, adjectives, and receive the entitled relief are conjunctions. But how much ofwhat drastically reduced. those tanns mean have you retained? ______18 ...:....- _ ------:------FLORIDA PRISON LEGAL PerspectJ.ves ------

• Length. Can you write as much several .main ideas, sections, topics, For most types ofwriting, an as you want or are there page or issues, using a separate sh~ of introduction .announces the main restrictions that apply? .paper for each. Creating a branch point, several body paragraphs diagram is an excellent way to get a develop that point, and a conclusion • Forma(. Is there a particular visual outline ofthe points that you sums up the main point and format that you must use? If so, do intend to write about and helps you supporting body paragraphs. If.you you have guidelines or examplQS that organize those points in order of are writing about several main points you can·consuh? importance.. or issueS, consider dividing them into You can also use written their :own distinct secti~. . Each • Deadline. Is there a deadline for questions to yourselfto help plan and section will have its own the writing to be finished? How organize' your writing. For example, introduction, supporting' body much time will you need for each news journalists are' taught to paragraphs, and conclusion. Do not stage ofyour writing? routinely ask themselves. Who? jumble topics, issues, or main points What? When? Where? Why? ,And together or jump back and forth Before starting to write How? when gathering material for a between them. If you do, not only something that will cover several story. In addition to helping them will your writing be harder, but it ideas, topics, issues, or sections, it.is get· started, these questions .ensure will also be confusing to your reader. useful to create an outline or guide that they will not overlook important Your introduction is usually for what you intend to write. There facts. a paragraph SO to ISO words long. A are several ways to do that. You can Freewriting is another way to common strategy is to open the make a list, use what is termed the get your writing organized. Instead paragraph with a few sentences that branching technique, ask yourself of an informal or formal outline, catch the reader's attention and to questions, and even use freewriting. simply write the thoughts that come conclude it with a sentence setting To make an outline list, write to you about the topic. Don't worry out the .main point that will be down ideas about what you are going about word choice, spelling, or developed in the folloWing body to write or need to cover in the m~g. Just get your thoughts paragraphs. The sentence setting out writing as the ideas come to you. down on paper. The point is to relax the main point is called the thesis Once on paper, you are free to and break the ice on writing about sentence. rearrange the ideas, add to them, the topic. This, of course, is only The body p3l\lgraphs are delete from them, place them in very rough writing, but out ofit there groups of sentences that support the order so you can see how you will may emerge ideas on how to main point. Structure body start, what is going to be needed to organize your writing or a line of paragrap'hs so they are unified, be covered in the body and in what thought worth following up on. organized, well-developed, and not order, and how you can sum it all up Whichever outline method too long or too short for easy at the end. Make such a list for each . you use, taking the time to prepare an reading. section ofyour intended writing. outline is never wasted time. WIthin each body paragraph, The branching technique is a Outlines help to organize and focus similar to the introductory paragraph, little more formal than just making a your writing, lessens the number of there should be a topic sentence as to list, but does not need to be any more drafts that you may need to write, what· that paragraph is about. The difticuh. Write the main idea at the and gives you a visual guide for your topic sentence should be clear to top ofa blank sheet ofpaper and then writing. readers and all other sentences in the list major supporting ideas beneath it. paragraph should relate to it. Leave plenty of space between ideas Drafting Usually, the topic of a body in case you need to add new ideas as paragraph will be the first sentence in you go. To the right of each major When you begin to write the paragraph and the following idea, branch out to minor ideas, your initial draft keep your planning sentences are added to support that drawing a line to each minor idea materials-lists, branching diagrams, topic. Sometimes a topic sentence is cxmnected to the specific major idea. questions and answers,' or not necessary if the new paragraph Continue doing that for each major freewritin.g-elose to hand. .Such continues to develop a topic from the idea that you have listed. If a minor material will not only help you to get last-written paragraph, or if' the idea leads to even more specific started, they will also help to keep details of the new paragraph ideas, list them to the right of the your writing focused and moving. unmistakenJy set out the overall minor idea and connect them to the Writing tends to flow smoother when topic. minor idea with a drawn line. You there are few stops and starts. The conclusion should relate can use the branching technique for back to the main point, without just

19------~------FLORIDA PRISON LEGAL Perspectives -----..;...------

repeating it. In addition to summing Remember, you are writing to can, however learn them, and with up the main point and supporting explain to or inform the reader, not practice they will become a natural body paragraphs, the conclusion may yourself. Sometiines it is necessary part ofyour writing. also suggest some action or seek to to distance yourself from your draft persuade as to why the main point to achieve the correct objectivity. To This is the first in a series ofarticles should be accepted by the reader. do that, put it aside for awhile, designed to encourage you to thin/c Avoid' introducing new ideas in the overnight or even longer. When you about fII7d improve your writing conclusion or apologies and other go back to it, try to look at it from skills. Future artic/~s in this series passive endings. Conclude each your' reader's point of view. If will explore other aspects ofwriting section of your writing that involves possible, have someone else read the fundamentals and oJftr practical a main point crisply and on a positive draft and make suggestions on how it suggestions to improve note. could be made clearer. comprehension of legal writing. The most importarit step in research, and analysis.• Revising your writing is proofreading it.· Proofieading is boring. but critical. Once you have your draft., If you have errors throughout your you are ready to go to the next stage writing, the. reader is going to n~ce in your ' writing-revising. them and either think you dido't care PROSECUTORS GIVE UP Experienced writers rarely view enough about the writing to do it ON VALDES' MURDER revising as a one-step process. The right, so why should 17, or believe purpose of revising is to tighten up that you really don't know the STARK-The deeisian was announced May 10 by your writing by going back over it subject well that you are·writing a state prosecutor that aU charges would be dropped against five prison guards who had been carefully and making improvements about. Errors in spelling and accused of involvement in the brutal SUlIIIping in sentence and paragraph structure, grammer are distracting and murder offlOrIda cfeath.row prisoner FIlIIlk Valdes word choice, grammer, punctuation, annoying to readers. on July 17, 1999. State Attorney Bill Cervone dropped second-degree murder charges apinst and spelling. Proofreading is a special fonner FDOC prison guards Andm¥ Lewis, 32; Do not limit yourself in kind of readin8. It should be a slow, Monln2 Lucas, 33; Donald Stanford, 53; Dewey revising the writing. It may be that relaxed, and methodical search for Beck, 54. Charges wen: also dropped apinst Robert Sauls, 39, who was to be tried for your first draft is pretty good and errors. Such errors may be difficult conspiracy to commit agravatecl battery, battery only needs minor revision or to spot in your own writing because on an inmate and om~al misconduct. corrections. However, there will be with the way our minds work you The decision to drop charges against the remaining ,five ofeight Florida State Prison guards times when revision can be dramatic may "read" what you intended to came less than three months after the first three and necessitate dropping or adding write, adding words in your thoughts gwsrds wen: tried and acquitted ofsecond-degree whole paragraphs or combining two that are not actually written on the murder bade in Febnwy ofthis year. (See last issue ofFPLP). or three paragraphs into one. Entire page. To avoid that, try reading the One ofthe main reasons cited by Cervone for sections may need to be rearranged material out loud, speak each word dropping the remaining charges was the difficulty for clarity to the reader and to as it is written. Another technique is in picking an impllrtial jwy to hear the case in the area where prisans dominate the economy•. Circuit improve the smooth flow of the to slowly read the material Judge Lally Turner, who was elected to the beuc:h writing. The process of revision backwards, which forces you to by residents who depend on prisons for their itselfstimulates thought. focus on the words instead of their living, refused to allow the trials to be held in another location where an impanial jwy could be One pitfall that you need to meaning. You can also use a ruleror found. be conscious of during the revision other item to focus on looking at the FIlIIlk Valdes was on ckath-row for killing a stage is the natural tendency to words in a single line at a time. Take Palm Beach County prison guard in 1989 during a botched attempt to help a prisoner escape. review your writing from your own, your time and try to find and correct Medic:al examiners testified in the FebNlU)' trial and not from the reader's, every single error that might cause against Captain Timothy Thomton, 36, lIIId Sgb. what Charles Brown, 28, and Jason Griffis, 29, thlll perspective. You bow you your reader to stumble and lose their Valdes was beaten to death. probably while meant in your thoughts as you were train ofthought. To correct spelling handc:uffed and sbackJed. Valdes had fiucaIres of writing; you have the tendency to and expand the choice of words in his sternum, vcrteblll:, nose and jaw, lIIong with numerous internal injuries lIIId crushed testicles, think some details or information your writing you should always have and there were boot prints on his fiIce, neck, wasn't necessary to include as your a good dictionary and thesaurus abdomen and bllCk. reader will already know those handy. Cervone said information on the c:asc has been details or· have that information. Good writing skills are not forwarded to the u.S. Iustic:e Department. : Sometimes that may be true, but something that you are born with or more often what may be obvious to that will naturally come to you, even you is not obvious to your reader. if you write a million pages. You 20------FLORIDA PRISON LEGAL Perspectives ------

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FAMILIES * ADVOCATES. PRISONERS Onthe Web Now/ , ' During June 2002F1orfdiliPrisonerll'Legai Aid Organlzlltfon, Inc. (FPLAO), launched an exciting and Innovative new website. Over the. next few.w8eKs andrnonths this site will become 8 major'source of flews, Information, resourCllsand .dvocacy for florida prisoners and their fllmill~,frI.ncl8, .ndroved ~ ones. Spread the neWs about: , www.fplao.org

News • Resources - Family Issues· Parole • florida prisons· Grass Roots Activism • FAQ's - Myths & Facts about the florida prison system - Bulleti,n Boards· Telephone Rate Monopoly - Civil Rights • How To Information • FDOC Rule making • Family Visitation· Post Conviction News· Parents in Prison· Reports· Inmate Welfare Trust Fund • Links - Legal Assistance Sources • Upcoming Events - Maintaining Family Contact - Getting Involved - Abuse Alerts • Interactive Site - Courts & Cases • and much, much,more. ' Now Available: Become an FPLAO member, renew a membership; or make a donation onOne. 21------FLORIDA PRISON LEGAL Perspectives ------

prisoners' cousins would leave a car suspended for 30 workdays. Albert Talkative Prisoners' stocked ,,:ith clothing and handguns. Guedes, a temporary worker, was Tunnel Found Then, on to Tampa to switch cars suspended for IS workdays. FDOC by David M. Reutter and 8 trip to Daytona Beach. But, as spokeswoman Debbie Buchanan is so usual within the FDOC these admitted the staff's lack of After seven prisoners at Zephyrhills days, someone snitched before the attentiveness aided the, escape Correctional Institution (lCI) were plan bore fruit. attempt, but said security and tool caught digging a tunnel to escape The snitch, murderer Robert control have been tightened up since from, the FDOC tried to hide its Pasquipce, informed prison officials the attempt. investigation ofthe incident. The St. ofhis knowledge on March I, 200 I. The prisoners, although Petersburg Times filed two public In return, Pasquince wanted· a certainly receiving a transfer and records request with FDOC that went transfer to another FDOC prison close management, had nothing to unanswered. FDOC finally released, where his brother is serving 2 ~ lose. Most were serving life in March 2002, over 500 pages of years. After that, he wanted an sentences. As a result, the Pasco­ documents after the Times filed a interstate compact transfer to New Pinellas State Attorney's Office lawsuit. The investigation of the Jersey. Pasquince told investigators decided .not to prosecute because .escape attempt reveals the verbosity he befriended the seven prisoners another conviction would mean of the prisoners foiled their plans, while getting a tattoo. Pasquince nothing. Had the prisoners truly paid and that lapses in security allowed said the seven began talking in attention to every detail as they them to get close to their objective. riddles about escaping, and they professed, they had everything to The prisoners, Richard talked about the "Texas Seven." gain. Seibert, Robert Fennell, Joshua They said that group made mistakes • Knerr, Paul RusseU, Henry Shelton, and they wouldn't They had (Source: St Petersburg Raymond Eldridge, and Mark considered every detail, even the Times,3/9/02.) 0 Guglielmo, had access to heavy clothes they would wear out of the tools, and thanks to an unlocked gate tunnel: shorts made from sweatshirts RESTORATION OF CIVIL RIGHTS and rigged door, aCcess to an old with Nike Swooshes on them. warehouse on lCI grounds. They Evidently, the one detail they forgot The American Civil Liberties Union was keeping their mouths shut. recently commended the Florida Department were also fortunate to have a ofCorrections for making it easier for felons supervisor who left them alone for IJ.tvestigators say as many as 10 other who have completed their lime to have their hours at a time, which allowed them prisoners likely knew ofthe plot. civil rights restored. But the ACLU will ask to dig almost daily from I:00 p.m. to The investigation revealed Gov. Bush 10 make the restoration of rights that lax security at ZCI allowed the automatic for felons who SUccessfully 3:00 p.m. The digging was done with complete all the tenns and conditions oftheir shovels made from old metal fan prisoners to get within 40 feet ofthe sentences. blades. They st8rted in the old perimeter fence. Their immediate A Website warehouse by D donn with a supervisor, who left the seven alone www.staie.O.uS{l.pcJexc!ern.htmlbas a link to concrete drill bit, and they cut a for hours at a time, said a teacher in a new application for getting rights restored. a nearby classroom building was The application no longer requires felons to rectangle. in the floor just wide obtain certified copies of court records or enough to squeeze through. watching them. The teacher denied . processing by the chief judge or the While one or two were he was ever asked to watch the prosecutor. digging, the others would watch for seven. In clear violation of FDOC . Florida is one of only eight states that policy, no one kept tabs on the tools does not automatically restore the right to "the man" or hide dirt. The dirt was vote to fclons who complete their sentences. the seven J access to. Although put into plastic bags or pillowcases had [Source: St. Pete Times, 412SI02) : and hid above air conditioning ducts FDOC cited six ZCI staff members in the ceiling. The prisoners dug to 8 for negligence, all remain employed nearby mobile classroom structure atZCI. NOTICE FDOC did impose sanctions with a metal skirting around the FPLAO. Inc., recently acquired three new bottom, allowing them to dump aU on the staff involved. Sgt. Arthur directors: Oscar Hanson. his wife. Undo the dirt they wanted without Stowell received a written Hanson. and Darrell Blackwelder. All three reprimand. Colonel Ronnie Edwards bring 0 wealth of experience and knowledge to detection. From the structure, only FPLAO and are very welcome. Fonner 40 feet away was the woods. The received a record of counseling to director Darryl McGlamery has retired from pay closer attention to his duties. ~e board of directors and is WIshed the best plan was to escape in April 200 I and In Mure endeavors while thanked for all he fade into the crowd of the Livestock Paul Bradley, a maintenance and did for FPLAO. Music Festival where one of the construction supervisor was 22------FLORIDA PRISON LEGAL Perspectives ------

1. PleaSe Cbeck .t One: 3. Your Name and Address· (PLEASE PRINT)

(] Membership Renewal ______.DC# _ Name o New Membership AgencylLibrarylInstitution IOrg!

Address 2. Select 0/ Category

(] SIS Family/AdvocatelIndividual City State Zip

(] S9 Prisoner .Email Address and lor Phone Number (] S30 AttomeysIProfessionals

(] $60 Gov't AgencieslLibrariesiOrgsJete. 4. Additional Donation I understand that FPLAO depends on its members to grow and operate FAMIUES ADVOCATES PRISONERS effectively. Therefore, I would like to make an additional donation of:

S10 $25S50 S100 $250 Other

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co- Please make all checks or money orders payable to: Florida Prisoners' Legal Aid Organization, Inc. Please complete the above fonn and send it with the indicated membership dues or subscription iunount to: Florida Prisoners' Legal AidOrganization Inc.. P.O. Box 660-387. Chuluota, FL 32766. For family members or loved ones ofFlorida prisoners who arc unable to afford the basic membership dues, any contribution is acceptable for membership. New, unused. US postage stamps arc acceptable from prisoners for mC:lllbership dues. Memberships run one year.

Prisoners: Have a free copy of FPLP sentto a family member orfriend on the outside. Simply send us their Ifso, please complete the below Jnformation and maD Itto FPLP so name and address on this fonn. PLEASE PRINT. that the mailing list can be updated:

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23 ------:.------ADVERTISING NonCE SUBMISSION OF MATERIAL TO CONTACTS PRISON LEGAL NEWS FPLP Due to a concern for our members, the FPLP staff The Florida Corrections Commissioa is ccnnposcd of aBbI Prlstm Ugal NrwJ is :a 36 p.1ge monthly mnguine which b3s ~ tries to cnswe that advertisers in these pages are Because of large volume of mail being citizcDs selected by the SO'UUCI' to 01/U'UIe the of been published sizlcc 1990. II is edited by WaslJiDlllUD swe the the flgrida Dqm1mcm of Com:cUcns. The Commission prisoner PmtI Wright. Each issue is pac:bd with summaries reputable and qualificct to provide the savices being rceeived. financinl considerations, and the offemJ. We cannol meet every advertiser, however, mn:kes ~ons to the gcJ\'cmot nmt stllte legWJUure mut :maJysis ofrecent court decisions &om arcund the countJy inability to provide individual legal assistance, canccming IlJ'Oblem lRl1S within the prison system. The dealing with prisoner rights and written &om 3 prisoner so members are advised to always personally contacl members should not send copies of ·legaI Commiuion wel~mCs iDput &om.1he public ida11ifying pcnpcctive. TIl: magazine oftcrl cmms unicles &om advertisers for further information on their documents of pending or pot£l'ltial cases lO problan iD'C3S. The Commissicm's l1CIivi1ies Cl1D be found on llttomcys gMq flow.to !itigmicm :idYisc. Also inc:Iw!cd in qualifications and experience before making a FPLP without having first c:ontaded the staff ds website. ~ Commission is independe:m from the FDOC. e3dI issue llJ'C news articles d=lIing wi1h prison-Rl41ed decision to hire an attorney or other professional and receiving directions to send same. Neither stnIggle ond l!l:tivism £rom the U.S. l!J1d lUVWtd ~ world. service provider. You should never send legal or FPLP. nor its staff, are responsible for any FloTlda CO~ctI01U CommwJOIJ Annual subsaiption m1cs are StS for priso=s. Ifyou em'l other. documents· 10 an advertiser before contacting unsoliciled mll1erial senl 2601 Blair Stone Road aff'otd to send SI8 III once. scizd at least S9 lWI PIN \lliU promtc lire isMs a1 S1.50 cadl (Of a six momb subscriptimJ. them and receiving directions to send such material. Members are requested lO aintinue sending TaIJa1uJSsee. FL 32399-2500 New lind lIDuscd postage stmnps or embossed envelopes lMy news infonnation, newspaper clippings (please Phil (850) 413·9330 For those wishing lO advertise in FPLP, please wrilc be used M payment. for rate information. Address such mail to: include name of' paper and eWe), Enroll: [email protected] For non-incln:cnlted individuals, the yc:uty 5lIbsc:ription memorandums, photocopies of final decisions Websile: http://wwwjcc.stale.jl.usI me is SB. lnstiMiozml or profc:ssional (attorneys, libr.1rics. Florida Prison Legal Perspectives in unpUblished cases, and potential articles for govmuncnt ngcncics, orpizmions) subscriptioa mcs arc Attn: Advertising publication. Please send only copies of such S60 11 Yem'. A wnple copy of PLN is avnilable for SI. To P.O. Box 660-387 ml1lcrial that do not have tQ be returned. FPLP Additional: subscribe to PLN, COl1UCt: • Chuluota. FL 32766 depends on YOU, its readers and members to PrUtm UgaI News keep informed. Thank you for your ].100 NW 80th StI'U1 Or Jrrnrtlte Bank lriformatlon PMBU8 Email: [email protected] coopemtion and participlUion in helping to get Toll Free: (850) 488-6866 Sutttle. WA 98i17 the news out. Your efforts an:: greatly appreciated. Email Addresses: see PLNs WebsitD at Gov. Jcb Bush - [email protected] IrItp:/iWrtIw.pfUOlt/ega/llewl.org Michael Moore, FDOC - nrtJOI'[email protected]

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