Florida D.C. v. Free Speech

miami-harold

Free Speech!  Wars are fought in its name.  Laws and Constitutions enshrine it.  It is one of the most fundamental freedoms at the heart of Western culture, yet its existence is under constant threat by agents of the State who are sworn and paid to protect it.  The following document from Harold Hempstead – key witness to the Rainey murder – shows the nature of the retaliation he and other inmates suffered as soon as it became known that they were planning to talk to the press about prison conditions.  I’m the Jeremy Schanche on the list of people the affidavit was copied to.  I can vouch for its contents as I only received my copy of it in January 2017 when it was eventually re-sent.  Various other letters and documents sent between Harold and me from the period he mentions also failed to arrive.

The Civil Right of convicted persons to engage in free speech is fully protected in Federal law.  Only a hopelessly corrupt regime would desire a situation in which prisoners are kept in such a state of terror that they dare not complain about the violent physical and extreme psychological abuse they are being tormented with.   If certain prisoners are prepared to risk getting their bones broken to get the truth out about corruption and torture in jail, perhaps there’s something us free citizens can do to help protect free speech too?

SWORN AFFIDAVIT

To:  Ms. Vanita Gupta, Assistant U.S. Attorney General, U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue Northwest, Washington, D.C. 20530.

Senator Greg Evers, 209 East Zaragoza Street, Pensacola, Florida 32502.

Wexford Health Sources Inc., 425 Holiday Drive, Foster Plaza Two, Pittsburg, PA. 15220.

American Civil Liberties Union, Attn: Howard Simon, 4500 Biscayne Blvd., #34o, Miami, Florida, 33137.

Stop Prison Abuse Now, Attn.:  Steven Wetstein, (Mailed to home address)

In March and April 2016, affiant mailed 2 different sworn affidavits about the unconstitutional conditions of Florida Department of Corrections (FDC) Protective Management (PM) Units to the Department of Justice, and almost 2 dozen representatives of the State of Florida, Human Rights leaders, news reporters, and bloggers.  Copies of these sworn affidavits can be read at http://www.helpmybrotherharoldhempstead.wordpress.com;  http://www.wobblywarrior.wordpress.com;  Stop Prison Abuse Now (SPAN) at Nations Inside;  www.savetheholyheadland.blogspot.com. 

About the second week of March 2016, a reporter with the Miami Herald newspaper started making arrangements to interview several inmates at Martin C.I. about among others things  unconstitutional conditions in FDC PM units.  Affiant was one of these inmates.

Immediately following the reporter discussing the names of the inmates she wanted to speak with, several of the inmates started reporting being subjected to different types of reprisal by Martin C.I. staff.

From the time arrangements started being made for 67 year old L.S. to speak with the reporter, he was mysteriously moved from the cell he had been in for over a year into a different cell, and then given 3 gang members as cellmates over the next about 30 days.

Inmate J.C. was placed in confinement within about 10 days prior to speaking with the reporter.  Inmate J.C. reported that he went to confinement for possession of ink.  Ink pens are sold in the inmate canteen.

Inmate F.H. reported that he was threatened by a correctional officer on the way to his interview with the reporter, and punched in his face by a correctional officer on the way back to his housing dorm from the foregoing interview. 

Affiant has been subjected to the following forms of retaliation since around the middle of March 2016:

1)  Mailroom Supervisor Ms. Walker started withholding his incoming and outgoing mail.  Ms. Walker withheld mail affiant mailed {1} The Miami Herald newspaper;  {2} Florida ACLU Director Howard Simon;  and {3} several personal letter affiant mailed family and friends.  Ms.Walker also withheld mail mailed to the affiant from:  The Miami Herald newspaper;  Ministry of Reconciliation Outreach;  Human Rights leaders;  and possibly other individuals.

2)  ARNP Chatalier discontinued affiant’s low residue diet which he started receiving about 6 years ago for his stomach condition that causes him to go number 2 up to 7 time a day and gives him severe stomach pain.  Since affiant’s diet was discontinued on April 7, 2016, he’s had severe stomach pain and has been going number 2 an average of 5 times a day.

3)  Affiant has sinus rhythm with sinus arrhythmia.  On May 2, 2016 affiant passed out in his cell, and reported the foregoing to classification officer Ms. Posten, and correctional officers Johnson and Pellirenne, affiant wasn’t permitted to see medical.  Affiant has advised Martin C.I. staff for several weeks now that he has been having chest pain, and over these last about 3 weeks affiant has not been allowed to see medical.

4)  On April 7, 2016 ARNP Chatalier also tampered with affiant’s pain medicine and discontinued affiants allergy medicine.  Now affiant has no pain medicine for his broken right wrist, sciatic nerve damage, and hurt back.  Affiant has been living in pain with the foregoing medical problems.

5)  Affiant has 2 or more cyst in his right wrist.  Medical is refusing to prescribed affiant an antibiotic to prevent infection from entering affiant’s body.

6)  Affiant was approved to see an orthopaedic surgeon for wrist surgery prior to this retaliation starting.  Health Service Administrator Ms. Rebele told affiant he will be taken out of his cell and placed in another cell the night prior to his surgery.  The foregoing and the conditions present in the other cell would violate affiants’ 8th Amendment Right to Protection from cruel and unusual punishment.  Ms. Rebele told affiant that if didn’t want to submit to the foregoing conditions, he would be denied wrist surgery on his broken right wrist. 

7)  Since around April 10, 2016 affiant stopped receiving his FDC grievances back that he filed on the issues mentioned herein.

8)  Around January 2016 Robert Hendry (Present Bureau Chief of Security), Martin C.I. Assistant Warden Royce Marlow, and Martin C.I. Colonel Colon placed affiant on House Alone Status in Cell B2-102 Single based on the fact that one of his prior cellmates’ (TJ) attempted to kill a cellmate (JN) that TJ had after affiant.  TJ and the affiant were not compatible as cellmates they should’ve never been housed in the same cell.  On May 6, 2016 affiant was moved from Cell B2-102 Single to B2-108 Lower by Martin C.I. Warden Elizabeth Mallard, Assistant Warden Mr. Swineburg, and Classification Supervisor Mr. Parrish.  The mounted security camera tapes for Bravo Dorm Wing 2 on May 6, 2016 between 11:30am and 12:00pm will show the three foregoing staff in affiants’ cell (B2-102 Single) taking a picture and talking to the affiant.  This was prior to these staff moving affiant to Cell B2-108 Lower.  The foregoing staff moved affiant into Cell B2-108 Lower with inmate RD whose criminal history proves he has a very long history of physical and sexual violence.  FDC records will prove that RD shouldn’t be housed with the affiant by the Inmate Risk Management System / Sexual Risk Indicator (IRMS / SRI) system.  Affiant is listed as Identified Prey (IPY) on the IRMS / SRI system.  Housing violent offenders with non-violent offenders violates state law.

After affiant’s 6 May 2016 retaliatory cell change, Martin C.I. staff have alleged that they moved inmate YN into affiant’s prior cell (B-102 Single) because he qualifies to be housed in said cell.  The grievances and requests form in inmate YN’s classification files show that he has been told for over 4 months that he doesn’t qualify to be housed alone for any reason.  Also, in January and March 2016, the ADA Team at Martin C.I. told inmate YN that he doesn’t qualify to be housed alone.  Finally, FDC staff  Robert Hendry, Royce Marlow, and Colonel Colon have held that inmate YN doesn’t qualify to be housed alone.  Accordingly, there’s substantial evidence that proves that the following mentioned Martin C.I. staff didn’t move inmate YN into B2-102 Single because he qualified for said cell, but because said staff wanted affiant to be housed in the cell where inmate YN was housed (B2-108 Lower) with a physical and sexual violent offender.

9)  In the month of March Warden Mallard told affiant that he had to place all his active legal materials in the Law Library where he could access it 6 days (but only 1 day) a week to obtain access to the courts on his legal matters.  This is in violation of FAC 33-501.301 (4) (C) which says inmates will be afforded access to their legal materials.  The law library storage records will prove thousands of pages of affiants’ law work is in the Law Library storage closet where affiant can’t access it 6 days a week.  This is in violation of his First Amendment right to access to the courts.

On May 6th, 2016 affiant was threatened between 11:30 and 12:00 in the morning with frivolous Disciplinary Reports, to be placed in confinement, and to have his personal property taken from him.  This threat was by staff.

Affiant has filed several complaints with Chief Inspector General Melinda Miguel concerning the retaliation by Martin C.I. staff, and the unconstitutional conditions in FDC PM Units.  The following is a list of the dates on the letters he received from Miguel’s office and the case numbers her office assigned to affiants’ complaints: (1) November 12, 2015 (Case No.:201511120007);  (2) December 15, 2015 (Case No.: 201512140002);  (3) December 15, 2015 (Case No.: 201412110006);  (4) February 16, 2016 (Case No.: 201512140002);  (5) 2 letters on February 23, 2016 (Case No.: 201512140002 and 201511120004);  (6) March 7, 2016 (Case No.: 201512140002);  (7) March 30, 2016, (Case No.: 201512140002);  and (8) April 29, 2016 (Case No.: 201512140002).  Other than the foregoing, affiant has recently filed additional complaints with Miguel’s office.

On May 8 and 13, 2016 the affiant made a total of 9 TIP calls (where he gave his name and D.C. number) on the matters herein.  The following numbers were assigned to these prison TIP calls:  (1) 971527, (2) 127485, (3) 316384, (4) 812239, (5) 188725, (6) 168806, (7) 593692, (8) 829299, and (9) 144286.

On May 8, 2016 affiant’ sister (Windy Hempstead) sent an email to several FDC staff and others about the retaliation mentioned herein.

On May 13, 2016, Steven Wetstein of Stop Prison Abuse Now (SPAN) sent an email to McKinley Lewis and Timothy Reed about the retaliation mentioned herein.

Affiant is requesting that FDC please preserve the following recordings which are needed for criminal and civic reasons and for the DOJ: (1) The Martin C.I., Bravo Dorm, Wing 2 mounted security cameras tapes for May 2, 2016 between 8.00am and 8.30am;  May 6, 2016 between 11:30am and 12:00pm, and May 9, 2016 between 8:00am and 9:00am.  Also, the May 13, 2016 audio recording between an FDC Inspector (who affiant knew at Dade C.I.) and the affiant.  This recording will show affiant requested to see a doctor and went into some detail concerning the retaliation with his health and May 6, 2016 cell change.

FDC inmates need and want to help media and Human Rights leaders with trying to get FDC to become a safer place.  FDC inmates have a 1st Amendment Constitutional Right to Freedom of Speech to speak with the media and Human Rights leaders about the unconstitutional conditions in FDC.  When FDC staff take reprisal against inmates for doing the foregoing, FDC staff are not only violating the Federal Rights of prisoners, but they are also violating other rights of the media and Human Rights leaders.  Because this pattern and practice of FDC staff taking reprisal against inmates who speak-out against the conditions in FDC is statewide and systematic, and has lead to inmates being severely harmed and killed, affiant is requesting that the U.S. Department of Justice conduct an investigation into the foregoing pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA) (42 USC : 1997).

UNNOTARIZED OATH

Under penalty of perjury I swear that all the facts stated herein are true and correct.

Executed on this — day of May 2016

Affiant (Signature of Harold Hempstead appears here on original, handwritten document)

Harold Hempstead, D.C.# 268866, Martin Correctional Institution, 1150 Southwest Allapattah Road, Indiantown, Florida 34956.

C.C.:  Florida Justice Institute (Randall C. Berg), Disability Rights Florida (Molly Paris), Forgotten Majority, Miami Herald (Julie Brown), CBS4 Miami (Michelle Gillen), WTVT Fox 13 Tampa (Craig Patrick), Florida Department of Law Enforcement (Commissioner), Chief Inspector General for the Governor (Melinda Miguel), FDC Inspector General (Kenneth Sumpter), Florida Department of Health Medical Quality Assurance, American Correctional Association Standards and Accreditation Department, Windy Hempstead, Susan Chandler, Jeremy Schanche, George Mallinckrodt.

 

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Author: hhccblog

I'm the editor of the Harold Hempstead Caged Crusader Wordpress. My name is Jeremy Schanche. You can contact me at the blog. The blog exists to bring justice for the murder of Darren Rainey and to address the numerous human rights violations in the Florida Department of Corrections.

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