Sunday, 22 May 2016

Harold Hempstead Evidence Darren Rainey Florida Shower Murder Dade Correctional Institution 23 June 2012

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been talking to the press about the murder and torture by guards he’s witnessed in Florida’s prisons - so they’ve withdrawn his medicines, put him on the wrong diet, stopped all his mail, taken away his legal documentation and put him in a cell with a rapist/murderer - all because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,
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. 
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  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.
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:
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.
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.
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
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:;;  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
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 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
 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 …..

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