Harold Hempstead’s been talking to the press about the murder and
torture by guards he’s witnessed in Florida’s prisons - so they’ve withdrawn
his medicines, put him on the wrong diet, stopped all his mail, taken away his
legal documentation and put him in a cell with a rapist/murderer - all because
he told the truth. Please help him and
help seek justice for those lost in the deathly Gulag of the Florida Department
of Corrections.
Please write to: Vanita Gupta,
U.S. Department of Justice,
Civil Rights Division,
950 Pennsylvania Avenue N.W.,
Office of the Assistant Attorney General, Main,
Washington D.C. 20530, U.S.A.
Please ask Ms. Gupta to take action on the evidence Harold Hempstead has
provided relating to the torture and murder of Darren Rainey, the mixing of ‘Protective
Management’ with ‘Close Management’ prisoners and the systematic starvation and
abuse of inmates in Florida. Thank you
for helping uphold human rights.
Open
letter to:
Sir Kim Darroch, British
Ambassador to the U.S.A., 3100
Massachusetts Avenue NW, Washington DC 20008, U.S.A. 20th
May, 2016.
Your
Excellency,
Re: HAROLD HEMPSTEAD / DARREN RAINEY / FLORIDA
DEPT. OF CORRECTIONS
It
is with the gravest concern that I write to you regarding the safety of Harold
Hempstead, the death of Darren Rainey and the actions of the Florida Department
of Corrections. I am a British citizen,
resident in Cornwall. I am asking for
your help as I know that due to the unconstitutional actions of the Florida
Department of Corrections (FDOC), the lives of Harold Hempstead and other
inmates, are in danger. I shall provide
sworn affidavits to support my statement to you, as well as alerting you to the
media coverage of this case. I
understand that it may be unusual to ask an ambassador to comment on what may
be seen as an internal penal matter, but human rights abuses are a matter of
international concern and law. My
petition to you is motivated by a wish to prevent unnecessary suffering and
death.
Harold
Hempstead, D.C.#268866, is serving a 165 year sentence in Florida on
non-violent burglary charges. On 23rd June, 2012, Darren Rainey, a
severely mentally ill, black, Muslim convict was found dead at the Transitional
Care Unit of Dade Correctional Institution, Florida. He had less than two months to serve of a
two-year sentence for possession of less than two grammes of cocaine. Mr Rainey had defecated in his cell and
refused to clean it up. He was escorted
by guard Roland Clark past six ordinary showers to a specially rigged shower in
a camera blind-spot, where he was contained.
The water entering the shower-cubicle had a temperature of 183 degrees
fahrenheit and after almost two hours in there Mr Rainey died. He had been heard screaming for mercy and
banging the door by Harold Hempstead, whose cell was on the floor below the
specially rigged shower. Harold
Hempstead and others have evidence that this ‘special’ shower was
systematically used to torture Florida’s most severely mentally ill
prisoner/patients into obedience. 12
hours after being found dead, Mr Rainey’s body was so hot that a thermometer
could not register his temperature. The
scalding steam had caused much of the victim’s skin to fall off and the convict
who was later ordered to clean up the skin was told to “just throw it in the
trash.”
Having witnessed
this traumatic and harrowing incident, Mr Hempstead decided that he could not
keep silent about the death of Darren Rainey and at very real risk to his own
safety and survival he managed, after many attempts, to get a message out to
the Miami Herald newspaper, telling the story of Mr Rainey and also the
systematic pattern of deliberate starvation, the illegal mixing of the most
vulnerable with the most dangerous prisoners and many other forms of cruel,
unusual and unconstitutional punishment, including torture and murder by
guards. The Miami Herald broke the
story, which has since appeared on CBS, Fox, The New Yorker, The Guardian,
etc..
I am in
communication with Harold Hempstead and his sister, Windy, who has just
contacted me with some extremely disturbing news. On 21st April 2016, Mr Hempstead
and eight other prisoners were interviewed by Julie Brown of the Miami Herald,
on the topic of FDOC’s illegal policy of putting Close Management (highly
dangerous) convicts in the same accommodation as Protective Management (highly
vulnerable) convicts. Immediately after
concluding the interview, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxx. More serious retaliation has been meted out to Harold Hempstead who went several weeks being deprived of the medicines he urgently needs and also being deprived of the special diet he requires for his various health problems. More seriously, Mr Hempstead suffered a broken wrist in April 2014 and is still awaiting surgery over two years later. He is extremely worried that he will be subjected to retaliatory transfer and have to reschedule his imminent wrist-operation. This could involve a further delay of over a year. He has also recently been diagnosed with a heart condition, as have virtually his entire family. The medical needs of this prisoner are not being met. It is hard to avoid the inference that this is a result of the prisoner’s relentless and determined efforts to seek justice where the state is denying it. Mr Hempstead has brought to light a killing and various other extremely serious patterns of abuse that show the Florida Department of Corrections in a very poor light indeed. It is within the power of FDOC to transfer Harold Hempstead into prisons where there are guards connected to the very abuses he is exposing. The state is manifestly failing in its duty to protect its wards from harm, indeed it is demonstrably placing some of them into situations of known menace and extreme danger. Harold Hempstead has exhaustively documented all his evidence in a series of sworn affidavits, which have been received by various U.S. officials. A Federal investigation is under way, but with the death of Mr Rainey having recently been found by the coroner to be ‘accidental’, it would seem that justice has yet to be upheld.
xxxxxxxxxxxxxxxxxxxxx. More serious retaliation has been meted out to Harold Hempstead who went several weeks being deprived of the medicines he urgently needs and also being deprived of the special diet he requires for his various health problems. More seriously, Mr Hempstead suffered a broken wrist in April 2014 and is still awaiting surgery over two years later. He is extremely worried that he will be subjected to retaliatory transfer and have to reschedule his imminent wrist-operation. This could involve a further delay of over a year. He has also recently been diagnosed with a heart condition, as have virtually his entire family. The medical needs of this prisoner are not being met. It is hard to avoid the inference that this is a result of the prisoner’s relentless and determined efforts to seek justice where the state is denying it. Mr Hempstead has brought to light a killing and various other extremely serious patterns of abuse that show the Florida Department of Corrections in a very poor light indeed. It is within the power of FDOC to transfer Harold Hempstead into prisons where there are guards connected to the very abuses he is exposing. The state is manifestly failing in its duty to protect its wards from harm, indeed it is demonstrably placing some of them into situations of known menace and extreme danger. Harold Hempstead has exhaustively documented all his evidence in a series of sworn affidavits, which have been received by various U.S. officials. A Federal investigation is under way, but with the death of Mr Rainey having recently been found by the coroner to be ‘accidental’, it would seem that justice has yet to be upheld.
I have told
Harold Hempstead and his sister, Windy, that I will work to publicize his case,
and that of the inmates suffering unconstitutional abuse in Florida. I intend to bring as much international media
attention to this case as I can, and am also contacting various people in
positions of power and influence. As I
pointed out before, I believe that serious abuses of human rights are a matter
of international concern and I know that many people in Britain feel very
strongly that our allies should uphold the same high standards of justice that
we claim to promote in the world. I feel
that the case of Harold Hempstead may well be of interest to Amnesty
International and personally I feel that a U.N. investigation is
warranted. As representative of my
government in the U.S.A. I’m contacting you to implore you to look into this
case, to study the evidence and to please raise the matter with an appropriate
high-level official of the United States government, preferably Ms Vanita
Gupta, Assistant U.S. Attorney General, U.S.D.O.J., Civil Rights Division. She is already in possession of the
documentation and is familiar with the case.
Great Britain has a long history of promoting justice and upholding the
rule of law. I believe the seriousness
of the events in Florida calls for action and that the influence of the British
Government should be brought to bear through diplomatic channels. International law places an obligation on all
governments to prevent human rights abuses and what is happening in Florida is
a systematic failure of the justice system to carry out its duty to protect the
inmates from harm. I ask you to do
whatever you can to help these most vulnerable citizens of the U.S.A. and then
the history books will show that Britain acted right in endeavouring to uphold
the highest standards of international law.
With thanks and
good wishes,
Yours sincerely,
Jeremy Schanche
N.B. Numerous
articles can be found on the websites or in back-copies of the publications and
media outlets mentioned above. The
affidavit to Ms. Vanita Gupta of 15th March, 2016 can be downloaded
from
https://wobblywarrior.wordpress.com/2016/03/29/caged-crusader-advises-feds-aclu-of-systemic-lovefl-inmate-endangerment/. This deals with prisoner-category mixing and
medical issues. I am forwarding you
a copy of the affidavit of 5th
April, dealing with Harold Hempstead’s sssssssssssssssssssssssssssssssssssss.
I will also send a copy of the affidavit of 5th May 2016, which goes into meticulous detail about the ‘shower treatment’ and the events leading up to the death of Darren Rainey.
I will also send a copy of the affidavit of 5th May 2016, which goes into meticulous detail about the ‘shower treatment’ and the events leading up to the death of Darren Rainey.
………………………………………………………………….
What follows are two sworn statements by
Harold Hempstead that I have transcribed from photocopies of hand-written
documents. If anyone believes these
contain any errors please contact me. Jeremy
Schanche: savetheholyheadland@yahoo.com
SWORN AFFIDAVIT
To: Ms
Vanita Gupta, Assistant U.S. Attorney General, U.S. Department of Justice,
Civil Rights Division, 950 Pennsylvania Avenue Northwest, Washington, DC 20530
Katherine Fernandez Rundle, State Attorney, F.R.
Graham Building, 1350 Northwest 12th Avenue, Miami, Florida 33136
The Florida Department of Corrections (FDOC)
houses some of their most severe mentally disabled inmates in the Dade
Correctional Institution Transitional Care Unit (TCU). The Westside TCU has 3 wings and 12
showers. The shower in Wing J3 next to
Cell 201 was the only shower with 2 showerheads in it prior to June 26,
2012. The showerhead on the sidewall of
that shower was a PVC pipe in the wall that was hooked to a PVC pipe in the
closet next to the shower. That PVC pipe
was connected to a hose which was connected to a commercial sink. The commercial sink had hot and cold water
knobs. The hot water knob was marked “H”
for “hot” and color coded red; the cold
water knob was mark “C” for “cold” and color coded blue. The construction of this shower, and the fact
that the temperature in this shower exceeded 180 degrees violated the
environmental health and safety manual.
Ofc. Roland Clark was assigned to work wing J3
on the 4:00pm till 12:00am shift. Part
of Ofc. Clark’s work assignment was showering 2 to 4 dozen inmate patients
every Monday, Wednesday, and Friday.
Ofc. Clark had approximately 20 months experience with showering inmate
patients prior to January 2012.
In or around January 2012, inmate Zzzz Zzzz (111111) was moved into Wing J3. Zzzz was considered to be the loudest inmate in the TCU. Zzzzs’ schizophrenia caused him to yell and
make noise constantly. His presence in
Wing J3 made it hard for other inmates to live and sleep in Wing J3. Zzzz’s constant yelling also caused Ofc.
Clark to get in trouble with his superiors because of the constant noise coming
from his wing (J3).
In or around January 2012, inmate Xxxx Xxxx (000000) told Ofc. Clark that zzzz would stop yelling if zzzz was placed in
the shower next to J3-201, and the water was turned on full hot. xxxx told Ofc. Clark to tell Zzzz that
the only way he could get out the shower was to stop yelling, and making noise
and to stay quiet once he was taken out the shower. Ofc. Clark tried Oooo’s recommendation
and it worked.
When Ofc. Clark seen that the shower treatment
worked as a punishing devise, he from thereforth used it on the most severe
mentally disabled inmates in the TCU that refused to comply with his
orders. From January 2012, till June 23,
2012, Ofc. Clark placed the following inmates in said shower as punishment: {1} Zzzz Zzzz (111111); {2} Yyyy Yyyy (++++++); {3} Vvvv Vvvv (%%%%%%); {4} Qqqq Qqqq (>>>>>>;) {5}; and Darren Rainey (060954}.
These inmates were placed in the shower one or more times a piece. Every inmate yelled in someway or another
about how hot the shower was and how they wanted to be let out of it.
This shower where the shower treatment was
performed was in a blindspot in J3, and not able to be viewed by any mounted
security cameras.
On June 23, 2012 Darren Rainey lived in Wing J1
cell 109. The mounted security cameras
in Wing J1 were able to view the whole wing including Rainey’s cell. There were 6 working showers in said
wing. One of those showers was about 10
feet from Rainey’s cell, a second shower was next to the front door of wing J1
which Rainey would walk pass when he was being escorted out of Wing J1 to
receive the shower treatment.
On June 23, 2012 Rainey went number 2 in the
middle of his cell floor around 11:00am.
Ofc. Xzxz Xzxz told affiant that he witnessed the foregoing. The feces was left on the floor until shift
change at 4:00pm. After shift change,
Ofc. Clark ordered Rainey to clean up the feces. After Rainey continued to refuse to do the
foregoing, Ofc. Clark removed Rainey from his cell, escorted Rainey from Wing
J1 to Wing J3, placed him in the shower next to cell J3-201, turned the water
on full hot, and left Wing J3.
The mounted security cameras in wings J1 and J3
prove Rainey didn’t have any feces on him.
Ofc. Xzxz told affiant that Rainey didn’t have any feces on him just
prior to shift change. On the night
Rainey was murdered, affiant was housed in J3-101. When Ofc. Clark entered Wing J3 he walked
Rainey within 2 feet of affiants’ cell door where he was standing. Affiant didn’t see or smell any feces on
Rainey’s body.
While Rainey was receiving the shower treatment,
he continuously kicked the shower door and yelled “It’s hot. Get me out of here. I’m sorry.”
His last words that he reiterated several times prior to dying was “I’m
sorry. I can’t take it not more. I won’t do it again.” His constant yelling and kicking of the
shower door was heard by all the inmates housed in Wing J3 and the staff
working that night. The names and ranks
of the security staff working the night Rainey was murdered are: Ujuj, Mwmw, and Clark, Ghgh ghgh, Dtdt, and Kfkf. Nurses Eeee and Iiii were the 2
nurses posted on the Westside TCU the night Rainey was murdered. Ofc. Clark told affiant that Dade CI. Dr. Bbbb Bbbb said that Rainey’s body showed signs that Ofc. Clark used extreme
physical force on Rainey. Blbl was the regular xxx assigned to the Westside TCU on the 4:00pm till
12:00am and Ofc. Clark’s regular xxx. Blbl wasn’t working the night Rainey was murdered, but he was
working several of the times that the other 4 inmates received the shower
treatment by Ofc. Clark.
Ghgh was the first staff to find Rainey
dead in the shower. Ghgh left
Rainey dead on the shower floor for about 8 minutes before Ofc. Clark returned
to the shower to act like he just found Rainey dead. During this 8 minute period, staffs’ witnessed
actions were consistent with them discussing how to cover up Rainey’s murder.
Ofc. Clark placed Rainey in the shower on a
night no inmate was supposed to be in a shower.
Out of the 11 working showers in the Westside TCU, Ofc. Clark placed
Rainey in the only shower Ofc. Clark could control the water temperature in.
Prior to the June 23, 2012 murder of Rainey,
Ofc. Clark had more then 2 years experience working in the Westside TCU. Ofc. Clark knew that FDOC rules and
procedures required him to advise the Duty Warden and Senior Psychiatrist, if
Rainey refused to shower, and obtain permission from them, and the Chief Health
Officer to institute the Hygiene Compliance Procedures. Ofc. Clark didn’t do the foregoing, because
Rainey didn’t need to shower, and didn’t refuse to shower. The video footage from the mounted security
cameras, and this affiant and other inmates witnessed Rainey being compliant
when being escorted to the shower that would eventually be used to kill
him. The fact that Rainey had handcuffs
on him when he was being escorted to the shower, shows at the least that he was
compliant to some degree. Why? Because it means he complied with the command
to submit to handcuffs. If Rainey didn’t
comply with the command to submit to handcuffs, than that means Ofc. Clark used
unreported and unlawful force to place the handcuffs on Rainey prior to
escorting him to the shower.
Following the Rainey murder, Ofcs. Clark and Ghgh advised affiant to say that Ofc. Clark was the first staff to find
Rainey dead, and that it wasn’t Ghgh.
In the 6 months following Rainey’s murder,
affiant discussed several times Rainey’s murder with Xzxz and
Psychological Specialist Ms. Gggg.
These staff to some degree contributed to affiant’s safety the last 6
months of 2012.
About 2 months after Rainey’s murder, Xzxz told affiant that Rainey went number 2 on his cell floor at lunch on the
day he was murdered because of an incident that occurred with him (Xzxz).
From around August 2012 till May 2014, a staff
at Dade C.I. aided affiant in trying to bring to justice the staff who murdered
Rainey. This staff went by the name Llll Llll when talking with the following agencies, etc. about Rainey’s
murder: U.S. Department of Justice, Miami-Dade
Police Department, Dade County Medical Examiner, and the Miami Herald
Newspaper.
From around July 2012, till May 2014, affiant
did the following trying to obtain justice for the murder of Rainey: {1} Filed approximately 80 FDOC Grievances;
{2} Wrote letters to the U.S. Department of Justice, Miami-Dade Police
Department, Dade County State Attorney’s Office, Dade County Medical Examiners’ Office, and Miami Herald
Newspaper; and {3} Verbally communicated with the U.S. Department of Justice,
Miami-Dade Police Department, Dade County Medical Examiner’s Office, and Miami
Herald Newspaper.
In 2013 and 2014 Ofc. Clark told several inmates
and staff that he got away with the Rainey murder because “Hempstead kept his
mouth shut.” In 2014, Ofc. Clark referred to affiant several times as his
“cody” (short for co-defendant) to staff and inmates thinking that affiant had
kept his mouth closed about the Rainey murder.
Affiant believes there is evidence to support that in 2014, a person on
his own initiative recorded one or more conversations wherein Ofc. Clark was
calling affiant “cody” and talking about how he “got away with the Rainey
murder” because of the affiant.
Dade C.I. has a long history of state and
federal investigations being conducted at it.
An internet google search for “Operation Bird Cage” should reveal one or
more news articles that discuss one or more of the prior criminal
investigations conducted at Dade C.I..
Affiant believes another investigation conducted at Dade C.I. was called
“Operation Monster”. Affiant believes
that in 2013, and 2014, investigations were being conducted at Dade C.I. into
income tax fraud, credit card fraud, internet fraud involving sex offenders,
and drug smuggling.
MISCELLANEOUS
There was a total of 11 working showers in the
Westside TCU. The wing Rainey lived in
had 6 working showers. Why wasn’t Rainey
placed in the shower about 10 feet from his cell? Why wasn’t Rainey placed in the shower next
to the front door of Wing J1 which he walked pass when being escorted out of
Wing J1? Why was Rainey placed in the
only shower out of 11 working showers that staff could control the temperature
of the water in?
The damage to Rainey’s body shows how hot the
shower was that Rainey was murdered in.
Obviously any shower that hot would cause the person in the shower to
yell, etc. to get out of the shower. The
amount of damage the hot water caused to Rainey’s body proves he was yelling,
and doing what he could to get out of the shower that murdered him.
Affiant was told by staff the week of Rainey’s
murder that Rainey wasn’t taken his medicine.
The June 24, 2012 initial autopsy report agrees with the foregoing,
also, it would’ve been impossible for Rainey to take any medicine that he wasn’t
authorized to take because all medicine had to be consumed in front of an Ofc.
and a nurse, and an inspection of the inmates’ mouth always followed.
The Housing Rosters for Wing J3 for the months
of January 2012, till June 23, 2012, show all the inmates who were housed in
Wing J3 during the foregoing months. The
inmates housed in Wing J3, during the foregoing months that witnessed inmates
being placed in the shower as punishment are witnesses to Sgt. Clark’s action
of using the shower as a torturing devise to punish mentally disabled inmates. These witnesses should be found and
interviewed.
The inmates housed in Wing J3 on June 23, 2012
are witnesses to the Rainey murder.
These inmates should be interviewed.
The following Mental Health Staff who use to
work the TCU were told by inmates that Sgt. Clark was using the shower to
punish mentally disabled inmates: Dr. Uuuu, and Ms. Gggg, Dddd, and Ffff.
These staff should be interviewed.
TCU coach Ssss Ssss was told by several
inmates that security was using the shower as a torturing devise to punish
mentally disabled inmates. Coach Ssss should be interviewed.
One evening when Xzxz was working
overtime and he was in Wing J3 talking to the affiant, Sgt. Clark had an inmate
in the shower he was punishing. When Xzxz asked affiant why the inmate was yelling about how hot the shower
was and how he wanted out of the shower, affiant told Xzxz that staff on
that shift (4:00pm till 12:00am shift) used that shower to punish inmates that
didn’t comply with their orders.
Inmates placed in the shower for punishment
could avoid placing their body under the hot water. The extreme heat and steam caused by the hot
water is what made the shower punishment.
The extreme heat caused the body temperature of the inmate in the shower
to rise, and the heat and steam together made it where it was hard for the
inmate to breathe who was in the shower.
The June 24, 2012 Medical Examiner’s Report says
security staff “set the temperature to the water” in the shower. The same report shows that Rainey was
compliant. The report says Rainey
allegedly requested soap to shower.
Since Rainey was compliant why wasn’t he placed in a shower in his wing
(J1). The report also mentions visible
trauma throughout Raineys body, and states that the water controls to the
shower were controlled by Dade C.I. staff.
Finally, the report shows that Rainey was known to be healthy by his
family, and doesn’t make any reference to his FDOC medical files saying Rainey
had any medical problems.
In 2013 and 2014, Ofc. Clark told the following
staff he got away with Rainey’s murder because affiant kept his mouth
closed: Njnj, Blbl, Mwmw, Pkpk, and Gtgt; and Dvdv, Bjbj, Nmnm, Tgtg, Lhlh, Wsws, Mtmt, and a white male officer who worked under him in 2014, in foxtrot dorm.
Affiant witnessed all 5 inmates get placed in
the shower as punishment, and the Rainey murder. Affiant also heard all the yells to be
removed from the shower, and all the yells about how hot the shower was from
the 5 inmates placed in the shower.
The amount of witnesses and evidence that exist
proves Ofc. Clark was torturing mentally disabled inmates and that he murdered
Rainey. Affiant cannot think of any
reason why an arrest and prosecution hasn’t been instituted against Ofc. Clark
and etc. since June 23, 2012 with as much witnesses and evidence existing that
proves Rainey’s murder. Affiant prays
that the Rainey’s murder hasn’t been receiving the treatment that it has
received because Rainey was a poor, black mentally disabled, Muslim, prisoner
and his life did not matter. Affiant
prays that the U.S. Department of Justice and State of Florida will not let
Rainey’s killers get away with murder, and that they make a public statement
that Rainey’s life and the lives of all poor people, all black people, all
mentally disabled people, all Muslims, and all prisoners matter by arresting
and prosecuting Raineys killers.
UNNOTARIZED OATH
Under penalty of perjury, I swear that
everything stated herein is true and correct.
Affiant: (Signature of Harold Hempstead appears
here on original, hand-written document) 5.5.16
Harold Hempstead, D.C.# 268866, Martin
Correctional Institution, 1150 Southwest Allapattah Road, Indiantown, Florida
34956
CC: FBI (Case Agent), Miami-Dade Police
Department (Case Detective), Dade County Medical Examiner, ACLU of Florida (Dr.
Howard Simon), Stop Prison Abuse Now (Steven Wetstein), Florida Legal Services
(Peter Sleasman), Disability Rights Florida (Molly Paris), Florida Justice
Institute (Randall Berg), Forgotten Majority, National Action Network (Rev. Al
Sharpton), Rainbow Push Coalition (Rev. Jesse Jackson), National Domestic
Workers Alliance (Alicia Garza), Black Alliance (Opal Tometi), Nation of Islam
(Louis Farrakhan), Miami Herald Newspaper (Julie Brown), CBS4 Miami (Michelle
Gillen), WTVT Fox 13 Tampa (Craig Patrick), New Yorker Magazine (Eyal Press),
Windy Hempstead, Susan Chandler, George Mallinckrodt, Jeremy Schanche
…………………………………………………………
SWORN AFFIDAVIT
To: Vanita Gupta,
Assistant U.S. Attorney General, U.S. Department of Justice, Civil Rights
Division, 950 Pennsylvania Avenue Northwest, Washington D.C. 20530.
American Civil Liberties Union of Florida, Attn:
Howard Simon, 4500 Biscayne Blvd. #340, Miami, Florida 33137.
Stop Prison Abuse Now,
Attn: Steven Wetstein, mailed to
home address.
---------------------------------------------------------------------
Protective Management Status in the Florida Department of
Corrections (FDOC) is a classification status FDOC uses in an attempt to comply
with their 8th Amend. Const.
Duty To Protect Prisoners from harm by other prisoners and the U.S. Supreme
Court’s decision in Farmer V. Brennan,
511 U.S. 825, 164 5 Ct. 1970 (1994)
The following types of inmates are legally housed in P.M. Unit
Status: Prior Law-Enforcement,
Ex-Government, High Profile Inmates, Transgenders, Petite or Young Inmates
whose size or characteristics show they'd have protection problems in General
Population, and Inmates FDOC Has Verified Have Been Subjected To Sexual Battery
(FAC 33 – 602.220 (3) (c) 3).
FDOC has been housing gang members in FDOC Protective
Management for approximately ten years now.
These gang members are reigning terror in Protective Management Units by
committing severe acts of violence against inmates the FDOC are supposed to be
protecting with the most protection. Out
of the approximate 400 Protective Management inmates in FDOC dozens of them are
registered gang members with FDOC and the Florida Department of Law Enforcement
(FDLE) (FLA.STAT.: 874-09)
FDOC used the words “Security Threat Group” to identify
gangs. The following rule says that FDOC
is supposed to place gang members in Close Management: Fac
33-601.800 (2) (A) 2. N, (2) (C) 2.6. Instead
of placing gang members in Close Management which they qualify for by FDOC ‘s
foregoing own rules, FDOC has been placing gang members in Protective
Management which they do not qualify for by FDOC’s following rule: FAC
33-602. 220 (3) (c) 3.
FDOC has a classification system called the “Inmate Risk
Management System / Sexual Risk
Indicator”. (IRMS/SRI). The two highest rankings on the IRMS system
are “Identified Predator” and “Potential Predator”. FDOC considers the inmates that have these
rankings as the most physically aggressive inmates in FDOC. FDOC has been placing inmates in Protective
Management Units that FDOC deems predators by their own IRMS classification
system and/or qualify to be ranked as predators by the IRMS classification
system. These predators do not qualify for Protective Management by
FDOC own rule (FAC 33-602.220 (3) (c) 3.), but these predators do qualify for Close Management by FDOC
following rules: FAC 33-601.800 (2) (B) 2.B., F., H., 33-601.800 (2) (C) 2.D. These predators are committing severe acts of
physical violence in Protective Management Units to inmates FDOC are supposed
to be providing with the highest protection.
On the SRI classification system “High Aggressive Risk” and
“Moderate Aggressive Risk” inmates are considered the most sexually violent
inmates in FDOC. FDOC has been placing
these types of inmates that have these rankings on the SRI classification
system, or that qualify to be ranked as such in Protective Management
Units. These Aggressive Risk inmates
have been raping and sexually battering inmates in Protective Management that
FDOC is supposed to be providing with the highest protection. By FDOC own rules, these sexual predators
qualify for Close Management (FAC
33-601.800 (2) (A) 2.L, 33-601.800 (2) (B) 2.H) and do not qualify for Protective Management (FAC 33-602.220 (3) (C) 3.) The
foregoing actions violate the Prison Rape Elimination Act (42 USC : 15601).
FDOC has not only permitted these gang members, predators,
and sexually aggressive inmates into Protective Management Units in violation
of FDOC’s own rules, but FDOC has also allowed these inmates to reign physical
and sexual terror on inmates that qualify for Protective Management and that
FDOC is supposed to be providing with the most protection in FDOC. In other words, FDOC has placed gang members,
predators, and sexually aggressive inmates in the same housing wings with
ex-law enforcement and government inmates, high profile inmates, transgenders,
petite inmates and those inmates FDOC has recognized as being on their own IRMS
classification system as “Identified Prey” and “Potential Prey” inmates. This is in violation of Federal Law. Marsh
V. Butler County, Ala. 268 F.3d 1014 (11th
Cir. 2001); Brown V.Budz, 398 F 3d 904
(7th Cir. 2005).
Additionally, FDOC staff at the institutions where
Protective Management Units are located refuse to adequately discipline these
inmates when they commit their extreme acts of physical and sexual
violence. Since affiants’ June 20, 2014
placement on Protective Management, he has witnessed inmates spend an average
of 30 days or less in confinement for stabbing Management inmates, sexually
battering Protective Management inmates, hitting Protective Management inmates
in the head with broomstick, and face and head with steal locks, and physically
battering Protective Management inmates after spending their thirty days or
less in confinement, these gang members, predators, and sexually ageressive
inmates are placed back in a Protective Management Unit where they resume their
reign of terror. The failure of FDOC to
take corrective action in response to high rates of assault or to particular
patterns of assault violates the 8th Amend. of the U.S.Const.. (LaMarca
V. Turner, 6.62 F.Supp. 647 (J.D. FLA. 1987), Abrams V. Hunter, 910 F.Supp. 620
(M.D. FLA. 1995). This failure to
take corrective action also violates FDOC’s following rule: FAC
33-600. 800 (2) (A) 2. B, L, (2) (B) 2. C,F,H.
The following FDOC documents will prove the matters stated
herein (1) The Housing Rosters on all four Protective Management Units. (2)
The classification files of all the inmates on Protective Management
status. (3) The Disciplinary Records and Protective
Management records of all the inmates on Protective Management in FDOC. (4)
The Incident Reports for the last five years of all the incidents in the
four Protective Management Units.
Affiant previously filed 42
USC : 1983 Civil Rights Complaint Lawsuits in the Jacksonville Federal
District Court (Case No.:3:2015-CV-00130, 3:2015-CV-00374, and the Miami
Florida Federal District Court (Case No.:
1:15-LV-23367) that are located on the internet on “pacer”. These lawsuits mention in some detail the
violations of Federal law mentioned herein.
Copies of prior sworn affidavits affiant filed on the
unconstitutional conditions of FDOC Protective Management Units can be reviewed
at: www.helpmybrotherharoldhempstead.wordpress.com; www.wobblywarrior.wordpress.com; and at SPAN (Stop Prison Abuse Now) at
Nationinside.
FDOC has a long documented history of setting up inmates
with frivolous Disciplinary Reports and subjecting them to retaliatory
transfers when inmates assert their rights under the First. Amend. of the U.S. Const..
Affiant is concerned that FDOC might attempt to censor affiants
assertion of his 1st Amend.
Rights by subjecting him to retaliatory disciplinary action via a frivolous
Disciplinary Report, or to a retaliatory transfer. Affiant was not told this would happen as of
the date on this affidavit, but he does know that FDOC staff do not like that
affiant is trying to obtain help for the victims in Protective Management Units
in FDOC.
Around the beginning of April 2014, affiant’s wrist was
broke prior to transferring from Dade C.I..
Affiant was called to the Transitional Care Unit (TCU) at Dade C.I. to
clean up a blood spill on the upper tier in wing J3. The events that happened afterwards caused
affiant to get nervous and take flight running down the stairs from the upper
tier to the lower tier. Affiant fell
while doing the foregoing and broke his right wrist. Since the foregoing FDOC staff have refused
to arrange surgery for the affiant’s wrist at a safe location until
recently. Presently medical staff at
Martin C.I. have arranged for affiant to have wrist surgery at a safe location. Affiant believes FDOC staff might attempt to
transfer him to a location where he cannot have the wrist surgery at the
doctor’s’ office hes’ been approved to have surgery at as a form of punishment
for his attempts to help the victims in Protective Management Units in FDOC.
FDOC staff are clearly subjecting the inmates who qualify
for Protective Management to violations of their 8th Amend. Right to protection
from cruel and unusual punishment by failing to protect them, and to prison
rape in violation of the Prison Rape Elimination Act (42 USC 315601).
Relief sought:
Affiant is requesting that the U.S. Department of Justice conduct an
investigation into the unconstitutional conditions in FDOC PM Units to protect
the civil rights of those incarcerated in them in accordance with Civil Rights of Institutionalized Persons
Act (CRIPA) (42 USC : 1997). Affiant
will assist in anyway he can with said investigation.
Unnotartized
Oath
Under penalty of perjury, I swear that everything stated
herein is true and correct.
Executed on this 15 day of March 2016.
Affiant: {Signature of Harold Hempstead appears here on
original document}
Harold Hempstead, D.C.# 268866
Martin Correctional Institution
1150 Southwest Allapattah Road
Indiantown, Florida 34956
C.C.
Florida Senator Greg Evers
Chief Inspector General Melinda Miguel
FDLE Commissioner
Florida Justice Institute (Randall Berg)
Florida Legal Services
Disability Rights Florida (Molly Paris)
Forgotten Majority Inc.
Human Rights Defence Centre (Lance T. Weber)
Miami Herald newspaper (Julie Brown)
CBS4 Miami (Michele Gillen)
WTVT Fox 13 (Craig Patrick)
New Yorker Magazine (Eyal Press)
Windy Hempstead
Susan Chandler
George Mallinckrodt
…………………………………………………………………..
Email to: Amnesty International, London,
England. 20.5.2016
To contactus@amnesty.org
May 20 at 3:21 PM
My name is Jeremy Schanche and I am contacting
you as I wish A.I. to take up the cause of Harold Hempstead. As you might know, he is witness to a
death-by-guard at Dade Correctional Institute, a case of torture. Having been among a group of prisoners who
recently gave an interview to the Miami Herald, Mr Hempstead has had his
medication stopped and his health is deteriorating. His medication was restored yesterday but his
life is in danger, as are those of many inmates in the Florida Dept. of
Corrections. Please read my letter of
today (20.5.2016) to Sir Kim Darroch, British Ambassador to USA, as this will
explain background to the case. Please
contact me immediately to discuss adopting Harold Hempstead for a major
publicity drive. Home phone: xxxxx xxxxxx
Mob: xxxxx xxxxxx. Best wishes,
Jeremy Schanche
…………………………………………………………………………….
Note: I
was shocked that Amnesty International, the World’s foremost Human Rights organisation
had nobody to answer the phone at 3.05 on a Friday afternoon and I am having to
wait all weekend for a response to the email trying to make contact…
........................................................................................
The following email was sent from Harold Hempstead’s
sister on May 21 to FBI; copied to
various officials, journalists and human
rights activists:
Urgent F.B.I agent James Kilpatrick
To: miami@ic.fbi.gov
My name is Windy Hempstead I am Harold Hempsteads Sister his DC # 268866
Since the Miami Heralds reporters started setting the appointments to visit 8
protective management (P.M )inmates and my brother at Martin C.I,several
of the foregoing inmates reported they've been subjected to reprisal by staff(1
Arnp. Chatalier took my brother off his medical diet for his colitis and I.B.S.
After a dig placed him back on his diet on 5/19/16,food service supervisor
Mr.Mitchell told Harold on 5/20/16 his diet would not be honored.
(#2)Arnp.Chatalier tampered with Harold's pain med's for his broken wrist and
hurt back.As of today's date he hasn't had any pain med's since 4/7/16
(3)Harold was told if he wanted wrist surgery he would have to submit to
conditions that violate the 8th ammendment by Mrs Rebeli,H.S.A (#4)Arnp.
Chatalier took my brother off his allergy medicine on 4/7/16 (#5)Medical
refused to see Harold for weeks on his chest pain and fainting even though my
brother had requested many,many times every day. (#6)on 5/6/16 My non violent
brother was placed in a cell with a violent convicted rapist,and killer by
Ms.Mallard,Mr SwineBurg,and Mr.Parrish.The murders of P.M inmates Brian Rector
and Joseph Hughes prove P.M inmates are housed with killers by Fl.D.O.C staff
that don't like them.On 5/6/16 Harold was also told that he would be set up
with a retaliatory transfer prior to his wrist surgery,with a frivolous
D.R,placed in confinement,and have his property taken from him if he didn't
shut his mouth about P.M units.Martin C.I confinement is very violent.
(#7)Martin C.I staff stopped sending my brothers grievances back after they
were responded to. (8)Martin C.I staff T.Walker refuses to process certain
typesof incoming and no outgoing mail,refuses to give Harold his books I bought
him,and the tapes and headphones that the bureau of braille and talking
books sent him. (9)Harold was forced to place all his active legal work in
storage where he can't access it 6 days a week by Ms.Mallard.and (10)On 5/18/16
Harold met with the I.C.T at Martin C.I (Mr.Reese,Mr.Parrish,Ms.
Posten,and a female,black major).On 5/18/16 My brother Harold was told that he
was going to be released from P.M and sent to South Florida Reception Center
(S.F.R.C) in transit to a C.M or S.T.G dumping ground.Several S.F.R.C
staff used to be employed at Dade C.I and they are suspects in the Darren
Rainey murder investigation and Cripa investigations into Dade C.I. If my
brother is sent to S.F.R.C he will be sent to the custody he is a listed
federal and state witness against.Harold has filed 10 complaints with Chief
Inspector General Melinda Miguel and has made 14 calls on the prison tip line
on the matters here in.Since SCO Mr Parker if Harold is released from P.M I
myself made several attempts to contact him but he hasn't returned any of my
calls or emails.The retaliation my brother Harold is receiving was not over
Dade C.I.Martin C.I staff are retaliating against Harold because of him filing
of grievances and speaking with the media and Human rights organizations about
the unconstitutional conditions in P.M units.Im advicing you of these matters
because (1)if Martin C.I staff transfers my brother to S.F.R.C,or a C.M
or S.T.G dumping ground they will be placing the life of my brother,a state and
federal witness in danger.(#2 ) Because The Miami Herald articles show it is a
pattern and practice of Fl.D.O.Cstaff to take reprisal against staff and
inmates who are whistle-blowers Im requesting that you investigate and that you
forward this email to those conducting the Cripa investigations into special
housing units in Fl.D.O.C and please ensure my brother stays on P.M at Martin
C.I atleast until he receives his wrist surgery which has been scheduled to
take place within the next 3 weeks .andtleastnd also can you please do anything
you can to stop the retaliation going on towards my brother for speaking with
the media about P.M units.Thankyou so much Windy Hempstead
…………………………………………………………..
….. and justice for all …..
'St.Raffidy'
