If Black Lives Matter Then The People Of Dade County Should Make Sure Katherine Fernandez Rundle Is Not Re-Elected As The Dade County State Attorney

“I believe Ms Rundle has again shown the people of Dade County that Black lives don’t matter in Dade County.  How has she done this?  By again not prosecuting a law enforcement official that killed an African American in Dade County.

The Medical Examiner Representative that was called to get Rainey’s body on the night he was killed, in his initial report talked about the damage to Darren Rainey’s skin when he seen his body within hours of the murder.  Now they say Rainey’s skin showed no damage.

A nurse working on the night Rainey was murdered told the Miami Herald in a May 18th or 19th, 2014 article how hot Rainey’s body was after being cooked in water that exceeded 180 degrees.  Now they say his body wasn’t hot.

Mark Joiner talked about how he was forced to clean up Rainey’s skin.

An inmate wrote a letter to the FDC Inspector General’s Office the day after Rainey was murdered saying Dade C.I. staff killed Darren Rainey.

Several other inmates said Dade C.I. staff killed Darren Rainey.

Two Dade C.I. mental health staff in Miami Herald articles and in the New Yorker magazine article called ‘Madness,’ spoke about the torturing and abuse in the Dade C.I. Transitional Care Unit (TCU).

The Miami Federal  District Court in Case # 1 : 14 – cv – 23323 allowed a federal lawsuit to be settled in favor of Disability Rights Florida because Julie Jones and FDC agreed that the conditions of the Dade C.I. TCU were unconstitutional.  The lawsuit in this case mentions in detail the shower treatment that 4 inmates other than Rainey received and how Rainey was killed in said shower.  This doesn’t include what I witnessed and dozens of other pieces of evidence.

Now after having to push the Miami Dade Police Department and Dade County State Attorney’s Office to investigate the brutal murder of Poor, Black, Mentally Disabled, Muslim Prisoner Darren Rainey, how has the Dade County State Attorney responded?  They responded by saying you should’ve seen that we didn’t want to investigate this case.  You should’ve known we will not prosecute our own when they kill African Americans.  You should’ve known that Darren Rainey was a Poor, Black,  Mentally Disabled, Muslim Prisoner and his life did not matter.

Ms Rundle – Darren Rainey’s life did matter.”

Harold Hempstead, March 27th, 2017

T.D.O.C #577366, 21B cell 206A, Bledsoe County Correctional Complex, 1045 Horsehead Rd., Pikeville, Tennessee 37367, USA.

———————————————————————–

Notes

FDC is Florida Department of Corrections.

C.I. means Correctional Institution

TCU means Transitional Care Unit.  It’s the mental hospital unit at Dade C.I. where suffering inmate/patients are ‘treated.’

When asked what to do with the pieces of Darren Rainey’s skin that he’d collected from the ‘special’ shower, Mark Joiner was told to “throw it in the trash.”  This was, apart from being a man’s skin, vital physical evidence that the police failed to collect, let alone respect.   

The fact that inmates wrote letters of complaint over this killing is highly significant.  This is portrayed negatively by the authorities in media reports as convicts trying to gain some advantage by making such statements.  The reality is that these inmates are risking their very lives at the hands of the guards by testifying.  Last year FDC staff were involved in 366 ‘inmate-fatalities’ in Florida prisons.

When previously taken to court in Miami over the events concerning the ‘special shower’ at Dade C.I., Julie Jones’s FDC admitted that conditions there were unconstitutional.

Madness by Eyal Press, The New Yorker

Also by Eyal Press – A Death In A Florida Prison Goes Unpunished

Huffington Post – Vital reading on the Darren Rainey case

10 minute video interview with Harold by Miami Herald’s Julie Brown

 

Florida D.C.’s Dangerous Games With Free Speech USA

“He squeezed my throat and said, “you could have had a serious accident, but instead your being spared.  Don’t forget that.  You hear me?”

When the Sgt. let go of my throat, Cpt. Schrank said, “you really p-ssed off the wrong person.”

More testimony of violent assault, serious retaliation and attempted repression of free speech of the Rainey murder witness Harold Hempstead, by Florida Department of Corrections staff.

A few weeks before the night when he was awoken in the small hours, knocked around and transported to Tennessee – on the very same day the Rundle report was released – Harold Hempstead, the key-witness in the torture/murder of Darren Rainey, wrote a sworn affidavit about some of the retaliation he’s received from the Florida Department of Corrections. 

Here’s a brief account from Harold on the manner of his departure from Florida: 

“When I was being escorted from my cell to the front of Hardee C.I., Cpt. Schrank was telling Sgt. Hamilton (one of the 2 staff escorting me) that Hardee C.I. Warden Lamb was waken by Tallahassee just a few hours prior to 3.30am and told to over see my leaving Hardee C.I. to go to RMC.  Hardee C.I. records will show that Travis Lamb got to the compound after midnight to over see my leaving Hardee C.I. When we got to the main control area another Sgt. working Main Control told Cpt. Schrank that Warden Lamb just dropped off my Classification and Medical Records.

While in front of the Main Control area, Cpt.Schrank told Sgt. Hamilton “Serg. It’s on you.”  Sgt. Hamilton then slapped me with an open hand.  Ofc. Cabrara helped me back up, as he was saying “Get up Hempstead”  Ofc. Cabrara then held me from behind by both my arms, as Sgt. Hamilton grabbed my throat.  He squeezed my throat and said, “you could have had a serious accident, but instead your being spared.  Don’t forget that.  You hear me?”

When the Sgt. let go of my throat, Cpt. Schrank said, “you really p-ssed off the wrong person.  Think about what he said and think about it hard.”  This was the only incident I had where a staff physically battered me, and it happened obviously as a result of my sworn affidavits and letter to Miguel that I previously mentioned, and it happened on the day I was Interstate-Compacted.  When Ofc. Cabrara let me go he punched me in my lower back. 

I was told prior to leaving my cell at 3.30am to go up to the front of Hardee C.I. by Cpt. Schrank, that my property would be thrown in the trash.

On 3/21/17 I filed 5 grievances here on everything that happened on 3/17/17 , and on 3/22/17 I filed another grievance addressing the events that happened on 3/17/17.”

The following document speaks for itself, so I won’t say too much about it.  One thing that does seem hugely significant however, is that FDC seem to be implying that they could not adequately protect Harold Hempstead in General Population in any prison in Florida, allegedly due to his high-profile status as a witness to official wrong-doing – he’s publicly accused guards of murder and torture, as well as exposing many other extremely serious matters.    This makes a mockery of FDC Secretary Julie Jones’ recent memo to the entire department stating that there was a ‘zero-tolerance’ policy towards retaliation of any kind.  The fact that FDC cannot protect Harold Hempstead surely proves that it is failing to do the job it exists for – to safely and legally contain those sentenced to be held in state-custody.  You see, it’s not protection from other inmates that Julie Jones’ department said Harold needed – but rather protection from those sworn to uphold the law and the constitution, namely the staff of the Florida Department of Corrections.

SWORN AFFIDAVIT

To:  Federal Bureau of Investigations, Attn:  James Killpatrick, 3725 South East 14th Court, Homestead, Florida 33035.

Florida Department of Law Enforcement, Attn:  Commissioner Rick Swearingen, P.O. Box 1489,  Tallahassee, Florida 32302.

James Cook, Attorney at Law, P.O. Box 10021, Tallahassee, Florida 33302.

Miami Herald Newspaper, Attn:  Julie Brown, 3511 Northwest 91st Avenue, Miami, Florida 33172.

Immediately following the May 18 and 19, 2014 Miami Herald news articles on the murder of Darren Rainey and other matters at Dade Correctional Institution (Dade C.I.) I was placed on Protective Management (PM) status based on Florida Department of Corrections (FDC) staff contending I had statewide protection issues with FDC staff (especially from Dade County) as a result of my link to the high profile investigations into the murder of Darren Rainey and the torturing of mentally disabled inmates at Dade C.I.

Around the beginning of March 2016 till May 25, 2016, the Martin C.I. administration (i.e. Elizabeth Mallard, Mr Parrish, Mr Swineberg, Colonel Reid, and Ms Posten) subjected me to numerous forms of retaliation after they discovered I was communicating with the media, Civil Rights groups, etc. about the unconstitutional conditions of FDC PM units.  I reported this retaliation to the FDC Inspector General’s office in 16 calls that I made via the prison TIP line.  The following mailbox numbers were assigned to these calls:  calls made on 5/8/16: 971527, 127485, 316384, 188725, 812239 (this last number might be off by one number.  It’s one of the 5 calls I made on 5/8/16.)  Calls made on 5/15/16:  168806, 593692, 829299, 144286.  Call made on 5/23/16: 611038.  FDC procedure says these calls have to be saved for one year.

In addition to the above, I mailed letters and sworn affidavits to the Governor’s Chief Inspector General’s office, Melinda Miguel, that her office received on the following dates:  March 7, 30, 2016;  April 29, 2016;  and May 23, 24, 25 2016.  These letters and affidavits were given the following case number:  201512140002.  The following case numbers might also be helpful:  201511120004 and 201412110006 (letters received on November 12, 2015;  December 1, 15, 2015;  January 5, 2016;  February 16, 23, 2016.

Martin C.I. staff’s retaliatory actions they took against me to have me physically harmed because of me asserting my First Amendment Right to Freedom of Speech in communicating with the media, civil rights groups, etc. about the unconstitutional conditions of FDC PM units violated my First Amendment Rights.  The FDC Inspector General’s Office’s failure to investigate my prison TIP calls and letters I mailed to the Chief Inspector General’s  Office and that her office forwarded to the FDC Inspector General’s Office violated the statutory duties of FDC Inspector General’s Office as clearly set forth in Florida Statute : 944.31.  Several Miami Herald news articles published between May 2014, and the date listed below talk about the failure of the FDC Inspector General’s Office to conduct investigations into issues that happened in FDC.  The FDC Inspector General’s Office under the leadership of Lester Fernandez is following in the shoes of his predecessor in not following the duties that his office is obligated to follow under Florida Statute : 944.31.  Also, FDC Region 4 Director Thomas Reid failed to comply with Governor Rick Scott’s May 8, 2015 Executive Order (Number 15 – 102) which states in Section 1.3 “each Director must ensure that each Correctional Facility in the Director’s assigned region maintains a retaliatory free environment, both for staff and inmates.”

On May 24, 2016 I was placed in Administrative Confinement pending a PM investigation.  Originally I was told this was because somebody called Martin C.I Warden Mallard and the FDC Main Office and said staff and inmates were involved with a plot to kill me.  FDC told people in society almost the same thing as they told me.  In the months to follow, FDC staff switched their statement 2 to 3 times concerning why I was placed in Administrative Confinement on May 24, 2016.  I was placed under this investigation prior to being formally released from PM back to General Population.

On May 25, 2016 I was transferred by van from Martin C.I. to Okeechobee C.I.  My sister and I were later told by Thomas Reid that he directed I go by van directly to Okeechobee C.I. and not through South Florida Reception Centre, because of my sister’s May 2016 emails to the FBI, and because he knew my life would be in danger in Miami at SFRC.  It should be noted that for the 23 months I was on PM, FDC continued to say I had serious protection issues with FDC staff who knew me from Dade C.I., and Thomas Reid and Stephen Parker directed that the first institution I transfer to after being released from PM, was an institution that had 3 former Dade C.I. staff working at it that knew me from Dade C.I. (i.e. Warden Lars Severson, Ofc. Cooper, and Ms. Hall) and the wife of Dade C.I. Colonel Royce Marlow who I worked for as an orderly in the Dade C.I. TCU, and who was the Colonel at Dade C.I. the 6 months that the shower was being used as a torturing devise and on the night Darren Rainey was murdered in the shower.  Lars Severson, Ms. Hall, and Colonel Marlow all worked inside of the Dade C.I.TCU.

From May 25, 2016 till December 21, 2016, several attempts were made by Okeechobee C.I. staff to have me killed.  They made several attempts to label me as a snitch with the inmates at Okeechobee C.I. knowing that in most situations an inmate could be killed if he’s labelled as a snitch.  The only thing that prevented me from being killed was that a large quantity of the inmate population at Okeechobee C.I. was aware that staff had bad feelings toward me because of my documented prior communications with the media, civil rights groups, etc. about the murder of Darren Rainey and numerous other forms of misconduct by FDC staff.  The inmates that knew my past knew that FDC staff were falsely labelling me and they advised the other inmates on the compound of their belief.

In July 2016, I met with 2 men that said they were with the Florida Department of Law Enforcement.   They said they were investigating an allegation made to crime stoppers concerning a plot to kill me at Martin C.I. involving staff and inmates.

Between August 2016 and December 2016, I met with Okeechobee C.I. Warden Lars Severson several times.  In 3 of our meetings we discussed him receiving information from somebody he wouldn’t identify alleging that somebody had made several calls to the “Treasure Coast Crime Stoppers (1-800-273-8477)”  alleging that there was a plot to kill me involving Okeechobee C.I. staff, and that FDC staff were involved with destroying and altering paperwork relating to plots to allegedly kill me at Martin C.I. and Okeechobee C.I.  In one of these meetings I was able to write the above 800 number and these 2 crime stopper case numbers down when he stepped out of the office for a minute:  Case numbers 104-65509 and 104-65662.  The paperwork that Lars Severson was reading from alleged  that the FDC Inspector General’s Office was involved with the altering and destruction of documents relating to me.  Lars Severson asked me what I thought about the calls and who did I think was behind it.  He further told me that as long as I’m at Okeechobee C.I., if I tell anybody in society about the calls he’d have to place me in confinement, because the calls named staff at Okeechobee C.I.  The paper I read when Lars Severson stepped out of the office named him, Cpt.Lankford, and Sgts. Sanders and Hunter.  Lars Severson didn’t tell me the names that the caller mentioned or that those mentioned were allegedly members of the Okeechobee  chapter of the Ku Klux Klan.  Lars Severson said he spoke with all his staff and he would ensure I’d be safe.  He said he believed an inmate made the calls.

On December 21, 2016 I was transferred from Okeechobee C.I. into Miami to SFRC.  In the less than a day I was there, I was labelled as a snitch by staff to an inmate and threatened to be killed if I didn’t stop talking about Dade C.I. and FDC.

While in transit at SFRC, CFRC, and upon my December 27, 2016 arrival to Hardee C.I. all the security staff present to some degree or another forced me to carry my approximately 5 boxes of property when I had a valid Medical Pass stating I’m not to lift anything over 15 pounds, nor was I to push or pull anything.  Staff forced me to lift said property when I was wearing a wrist support for my broken right wrist with cysts in it, and back-brace for my reduced cordis and back damage.  Now as a result of the foregoing my right leg and foot has been numb since around December 27, 2016.  Especially from my knee down, my right foot is about 75 percent numb.

Since my May 19, 2014 Transfer from Dade C.I. because of my link to the high profile investigations into the murder of Darren Rainey and the events that happened at Dade C.I., I’ve received 5 convicted killers as cellmates.  TJ was a meth and crack cocaine abuser in society who after being awake for days at a time would start stabbing and shooting people from hallucinations.  Eventually he killed a man and got placed in prison.  He was also a Satanist.  While housed with me he abused several drugs that made him stay awake for days at a time.  Medical and security had to remove him from my cell 2 times because he overdosed.  The next cellmate he had after I transferred from Columbia C.I. he stabbed in the eye with a pen and almost killed.  (i.e. JN.)  TS who was a convicted killer was addicted to spice which made him hallucinate and become violent.  FDC classification staff dismissed a disciplinary report he had for possession of spice so they could place him in a cell with me.  After Martin C.I. staff found-out that I had been communicating with the media, civil rights groups etc. about the conditions of FDC PM units they took me out of the cell I was housed in by myself and placed me in a cell with convicted killer RD (who was also in prison for sexual battery).  Following D, I was placed in a cell with JP who was a crack cocaine abuser in society who killed an older white lady in society and burned down her house.  Within a day of my December 27, 2016 arrival to Hardee C.I., I filed 3 informal grievances on housing issues prior to arrival to Hardee C.I.  On December 30, 2016 Hardee C.I. housing Sgt. Johnson called me to the property room to talk with her about my grievances.  One of the grievances I filed was on how I received 4 convicted killers as cellmates prior to my arrival to Hardee C.I.  Upon my arrival to Hardee C.I. I wasn’t given a cellmate.  Because New Year’s Day fell on Sunday FDC made New Year’s Day weekend to be from December 31, 2016 till January 2, 2017.  Accordingly, the next business working day that followed my December 30, 2016 conversation with Sgt. Johnson fell on January 3, 2017.  Sgt. Johnson, the next business working day after I spoke with her about receiving convicted killers as cellmates moved convicted killer TP into my cell.  A google search of the news articles on TP will reveal that he also has a history of abusing drugs that make him stay awake for days at a time and hallucinate.  I’m in prison for burglaries and dealing in stolen property.  None of the alleged victims were in their homes during the alleged commission of the burglaries.  My criminal case record will show that I’m convicted under a ringleader theory as a principal (Fla. Stat. : 777.011) and the legislative history of the organized dealing in stolen property charge I’m convicted under (Fla. Stat. : 812.019 (2)) will show my conviction is as a white collar criminal.  Also, FDC’s ‘Inmate Risk Management System / Sexual Risk Indicator’ (IRMS/SRI) system has me listed as an “identified prey” (IPY) and I have almost 8 years with no disciplinary reports in FDC.  In other words, FDC continues to house me with violent convicted drug using killers ever since I first started speaking with the media, civil rights groups, etc. about the Darren Rainey murder and other abuses by FDC staff.  The IRMS / SRI system and Fla. Stat. 944.012 (6) (B) prohibits the housing of violent inmates with non-violent inmates identified as preys.  FDC records will show that FDC has had a problem with cellmates killing and seriously harming their cellmates for many years now.

Since my December 27, 2016 arrival at Hardee C.I., I’ve discovered that a few staff at Hardee have a tendency to engage in retaliation against inmates who file grievances.  I was told that Sgt. Johnson has a history of doing such.  One of the things I was told Sgt. Johnson has a history of doing is placing the grievance filing inmate in a cell with an inmate she knows will not get along with him;  and that she has a practice of housing grievance filing inmates that she doesn’t like in C-dorm.  C-dorm houses the majority  of Hardee C.I.’s gang members.  A lot of them are also housed in B and D dorms.  By housing them in Hardee C.I.’s most violent dorms she knows they’ll eventually be hurt and possibly killed.

I’m requesting that the FBI and FDLE conduct investigations into these matters.

UNNOTARIZED OATH

Under penalty of perjury, I swear that everything mentioned herein is true and correct.

Executed on this   day of January 2017.

Affiant:  (Signature of Harold Hempstead appears here on original manuscript)

Harold Hempstead, D.C.# 268866, 62-102 Lower, Hardee Correctional Institution, 6901 State Road 62, Bowling Green, Florida 33834

C.C.  Howard Simon (ACLU of Florida)

Steven Wetstein (Stop Prison Abuse Now)

Randal Berg (Florida Justice Institute)

Craig Patrick (WTVT Fox 13 Tampa)

Eyal Press (New Yorker Magazine)

Michele Gillen (CBS4 Miami)

Clair McNeill (Tampa Bay Times)

Melinda Miguel (Chief Inspector General for the Governor)

Lester Fernandez (FDC Inspector General’s Office)

Windy Hempstead

Susan Chandler

George Mallinckrodt

Jeremy Schanche

David Richardson (Florida Senator)

– – – – – – –  — – – – – – – – – – – – – – – – – – – – – –

Harold Hempstead Free Speech USA 2017
 Jeremy Schanche can be reached via the contact page.

Florida: Stop Endangering The Witness To Your Crimes

There’s a new petition out, to protect the safety and free speech of Harold Hempstead and all inmates.

FDC must stop attacking free speech.  Florida Department of Corrections is committing serious human rights violations, including murder, and they don’t like their wards talking about it.  Those inmates, like Harold Hempstead, who have spoken to the press about the unconstitutional conditions of FDC, have suffered severe oppression, including being set up to be killed.  This is all detailed in the petition letter.  Apart from the fact that he has inalienable rights under the U.S. Constitution, Harold Hempstead is also the main witness to a murder by the State, so his continued survival is vital to the course of justice.  This is precisely why FDC want him out of the way.  Please help by signing this petition telling the authorities to call off the oppression and start respecting basic human, legal and constitutional rights.  Let them know the eyes of the World are watching America and they’re beginning to discover another side of Florida…

Florida Stop Endangering The Witness To Your Crimes

Here are some flyers for the petition you can print, cut up and pass around to spread the word:

hh-dr-petition-flyers

Because Darren Rainey’s Life Matters…..

Petition 4 Justice Muslim Torture Death Florida DC Sauna

The torture/murder of the black Muslim convict Darren Rainey in a locked chamber of super-heated steam was the catalyst that launched Harold Hempstead’s crusade for truth and justice.  Unable to keep silent after witnessing this horrifically evil event, he has spent his time since the 23rd June, 2012 murder, writing countless letters to the authorities, the media and the human rights community.  The responses from the State have been belated, inadequate and evasive.  Four and a half years later, Darren Rainey’s killers are still free.

If you share Harold’s belief that all human lives matter, then please take action, sign the petition to the Department of Justice and Dade County State Attorney, and share it widely – do it for Darren Rainey…

darren-rainey

…because all of our lives matter,

https://www.change.org/p/usdoj-the-life-of-black-mentally-disabled-muslim-prisoner-darren-rainey-does-matter

 

Harold Hempstead Evidence Film Darren Rainey Murder

Jeremy Schanche reads a sworn statement by Harold Hempstead describing Darren Rainey’s murder by Officer Roland Clark.

On 23 June 2012, a black Muslim convict was tortured to death at Dade C.I. in Florida.  He was locked into a specially rigged shower stall for almost two hours, in temperatures of up to 183 Fahrenheit.  When he was eventually found, most of the skin had peeled away from his dead body.  An inmate was later ordered to throw the skin into the trash.  This brutal murder was covered up by guards and other authorities, until inmates, including Harold Hempstead, succeeded in finally contacting the Miami Herald newspaper, which broke the story.

Although the U.S. Constitution guarantees free speech, the reality of life in the Florida Department of Corrections, like its counterparts in many other American states, is different.  Inmates who merely file complaint forms, let alone talk to the press, can expect brutal retaliation from certain of the guards.  Inmates who stand up and blow the whistle on brutality, abuse and corruption are taking a great risk to their own safety, in a penal system that has degenerated into routine brutality, systematic starvation, and regular torture and murder.

This film should never have been made.  People should not be steamed to death in locked showers, screaming for mercy, dying alone in terror and agony.  USA is not the only nation to conceal horrors such as this, but the USA has a Constitution, a blueprint for justice, democracy and the rule of law – not all nations have such a thing.  Furthermore, the USA is a vital element of western culture and civilization.  For this nation to live up to its promise, its meaning and its true identity, something must change.

Fyodor Dostoyevsky, the Russian author of such books as Crime and Punishment said “The degree of civilization in a society can be judged by entering its prisons.”  For ‘America’ to ever be ‘Great’ it’s going to have to take a radically different approach to the treatment of those it locks up and takes into its power.

This film has been made in an attempt to publicize the evidence of the prisoner, witness and whistle-blower Harold Hempstead who is endangering his own safety to bring justice for the murder of a mentally disturbed black Muslim man, Darren Rainey.  On 7th November 2016, the prisoner Daniel Geiger died in the custody of the Florida Department of Corrections.  He is mentioned in the film as the inmate for whom the ‘shower-treatment’ was originally devised.  Daniel Geiger was put in the special shower on more than one occasion.  He was also systematically starved.  Regular food-deprivation was part of the regime at Dade Correctional Institution and Harold Hempstead is convinced that is has contributed to more than one death.

Records show that this prisoner’s weight at the start of his detention was 179lbs, which is just over 12 ¾ stone.  However, when New Yorker journalist Eyal Press spoke to Daniel Geiger’s mother, Mrs Debra Geiger, she reported that in 2012, her son had told her that his weight was down to 105lbs (7 ½ stone).

Whatever crimes a man may have committed, the Constitution, the foundation document of the nation, requires, in the name of the people, that convicts shall be treated according to lawfully encoded standards of justice and welfare, with recourse to legal redress of grievance and the free speech to do so.  While the rights of the convict are obviously considerably fewer than those of the free citizen, they are, nonetheless, clearly defined and enshrined in law, and should, when circumstances deem it necessary, be vigorously protected by we, the people.

Notes:

  1. ‘Affiant’ means the author of an affidavit or witness-statement – which in this case is Harold Hempstead.
  2. ‘C.I.’in this context stands for ‘Correctional Institution’ or prison.
  3. In the film I wrongly stated that Harold was recruited at age 14. He was actually 13 when first employed by the St.Petersburg Police Department, Florida. (J.S.)

You can read a typescript of the affidavit read in the youtube movie here, where it was the first post published on this site:

darren-rainey

Remember Darren Rainey.

St.Petersburg P.D. Exploit 13 Year Old In ‘Worst Form Of Child Labor’ Then Dump Him

harold-with-statues

A 13 year old is not an adult and is not mature enough to carry the responsibilities of an adult.  It’s an impressionable age, when kids need guidance to prepare them for the world.  This is why we have laws to protect young people from exploitation, child-labour, etc. yet the law failed to protect Harold Hempstead.  From the age of 13 he was employed by various police departments in Florida in multiple, dangerous undercover operations.  Rather than allow him a chance at a normal existence, the police took a vulnerable young person and used him illegally for their own purposes.

In acting as it did, the State did a great disservice to Harold Hempstead and took from him something that can’t be replaced – his youth.  A lot of his problems seem to stem from his willingness to expose crime and wrongdoing within the police departments he was working for. 

Many of the operations he was involved with used entrapment and ‘stings’ to supposedly fight crime.  After he was arrested for allegedly possessing stolen goods, his long history of serving the State as a Confidential Informant was ruled ‘inadmissible’ at his trial, and was kept from his Department of Corrections file for several years, leading to Harold living with the constant threat of retaliation from those prisoners he had brought to justice in the past.

The State broke the law by employing and endangering the youthful Harold Hempstead.  His actions had helped protect society from some very dangerous criminals, yet certain people working for the State saw to it that he was not even afforded the basic minimum protection entitled by his status.

When you consider the sentencing-judge saying “I hope you die in jail” and handing down a one hundred and sixty five year sentence for non-violent property-crimes, with no hope of parole, it poses the question  whether Harold Hempstead was imprisoned for possessing someone else’s property or for daring to expose the crimes of the police. 

SWORN AFFIDAVIT

To:  Julie Brown, 3511 Northwest 91st Avenue, Miami, Florida 33172

Craig Patrick, 3213 West Kennedy Blvd. Tampa, Florida 33609

Michelle Gillen, 8900 Northwest 18th Terrace, Miami, Florida 33172

Eyal Press, Institute for Public Knowledge, 20 Cooper Square, 5th Floor, New York, New York 10003

Rachel Hoffman (a 23 year old) college student had been a Confidential Informant (CI) for the Tallahassee Police Department (TPD) for 2 weeks when she was killed in an undercover operation gone bad.  Rachel’s murder lead to the Florida Legislature passing Rachel’s Law (Fla. Stat. : 914.28) which governs the usage of CIs in Florida, and to a substantial amount of media attention on college students, etc. being used by law enforcement as CIs.

The St.Petersburg Police Department (SPPD) recruited the affiant to work as a paid CI when he was 13 years old.  The affiant’s juvenile recruitment as a paid CI violated state (Fla. Stat. : 450.012) and federal child labor laws.  Federal law defines affiants’ work as one of the “worst forms of child labor” because the nature or circumstances in which it was carried-out, was likely to harm the health, safety, or morals of the affiant  (19 USC : 2467 (6) (D) ).

From age 13, to age the 23, affiant was involved to some degree or another in dozens of undercover investigations with several different law enforcement agencies in the Tampa Bay area.

Affiant received training by law enforcement in the following areas:  Intelligence gathering, how to protect my identity, undercover operations, street fronts, infiltration, entrapment, debriefing and more.

During affiants’ trial the court prohibited him from introducing into evidence any testimony, or evidence concerning affiants’ prior CI activities even though all the detectives that testified knew affiant was a CI for law enforcement, and 3 of the detectives, the affiant had previously worked for as a CI.

The purpose of this affidavit is to bring to light what I was previously prevented from disclosing, and hopefully to obtain help in addressing events that happened while I was employed as a CI for law enforcement.

CREDIBILITY

1} In 2015, the Pinellas County State Attorney’s Office disclosed a report proving that in 1993 the SPPD arrested affiant on 2 frivolous charges.  The report states that at the time the affiant allegedly committed the charges he was working as a CI for several detectives, and that there wasn’t any evidence to support the charges.  The foregoing frivolous arrest happened within approximately 90 days of affiant reporting that a SPPD detective was committing sexual crimes against children.

2} In 2015, the SPPD disclosed Police Reports from when affiant was working as a CI for SPPD in 1992 and 1993.  Three of these reports list affiant as “completely reliable”.  The facts in the reports further show that affiant was deemed reliable, and that several people were arrested in the investigations that affiant was involved with.

3} In 2000, SPPD Detective John Mosely testified that he confirmed the intelligence affiant provided in 1998 and 1999.  This detective also testified at an evidentiary hearing that the SPPD reinstituted contact with affiant in 1998 based on affiants’ prior work for them in the early nineties.  If affiant was unreliable in the early nineties, Detective Mosely wouldn’t have made this statement.

4} The Florida Department of Corrections (FDOC) verified affiants’ employment for the SPPD (going back prior to 1992), the FBI, DEA, etc., and that he was associated with the arrests of dozens of individuals.

INCIDENTS

In 1992 affiant was working the neighbourhood of 9th Avenue North and 9th Street as a CI.  The SPPD was providing affiant with money to aid in paying the rent on a one bedroom apartment in said neighbourhood.  The apartment was being used as a residence for 3 juvenile females (between the ages of 14 and 16) that were acting as escorts.  Two of the juvenile females were runaways.  SPPD detective Michael Brown authorized affiant to use the foregoing apartment, and females as a front to infiltrate criminal activity in the neighbourhood.  Detective Brown and other detectives visited the apartment several times in an undercover capacity.  The SPPD never reported the runaways or charged them with any crimes.  Affiant was 16 years of age in 1992. 

In 1992 and 1993, affiant attended the Police Athletic (PAL) on a regular basis to play pool and basketball.  In 1993, rumors started being spread that SPPD Detective Michael Brown who also frequented PAL was sexually molesting juvenile boys at PAL.  A PAL staff questioned several of the boys who were making the allegations.  In the month that followed nothing happened to Detective Michael Brown. 

After about 6 weeks with nothing being done to Detective Michael Brown, affiant brought up in a conversation with the foregoing detective, while in a vehicle alone with him in an undercover operation, the rumors being spread at PAL and some other matters.  Affiant intentionally did this in an attempt to disclose the foregoing problems to Detective Michael Brown  supervising detectives that were monitoring the recording devises that were in the vehicle with Detective Michael Brown and the affiant.  Detective Michael Brown denied that he was doing anything inappropriate to children to 2 other narcotics detectives from his same unit that questioned him that day.  Affiant was questioned as to why he did the foregoing in an undercover narcotics investigation.  Affiant told said detectives that he felt it was the best thing to do.  These detectives asked affiant if he ever witnessed Detective Michael Brown do anything sexual to a child, and if so, how?  Affiant told them yes and explained how.  These detectives told affiant he was misinterpreting the situations, and making accusations without evidence. 

The next time affiant attempted to go to PAL, he was told that he could no longer attend PAL, and that he would receive a trespass order if he entered back on PAL property.

Affiant later found-out that he was blocked from telephoning Detective Michael Brown at his office and home.

Prior to this incident, Detective Michael Brown was affiants’ handler.  A handler is a law enforcement official who handles all contact and intelligence activities with a CI.  After the aforementioned incidents happened affiant was told that he was being reassigned to a new detective, and that Detective Michael Brown would no longer be affiants’ handler. 

A short time after the above happened, the SPPD Vice and Narcotics Unit discovered that Detective Michael Brown again had contact with affiant in an undercover operation not authorized by SPPD supervisors.  When affiant was questioned about the foregoing, he admitted to such, and that Detective Michael Brown jeopardized affiants’ safety and cover in the operation.  Affiant was later told that a uniform officer who was present in the unauthorized undercover operation confirmed affiant’s foregoing statements as true.

Within 2 months of the foregoing incident, the SPPD maliciously arrested affiant for engaging in a front he was authorized to engage in as a CI.  In 2015, the Pinellas County State Attorney’s Office provided the affiant with a document proving that at the time of affiants’ arrest, he was working for law enforcement.  This document also states that the SPPD arrested affiant on the foregoing charges when there wasn’t any evidence to support the charges.  It is affiant’s position that the SPPD frivilously arrested affiant on the foregoing charges, in retaliation for affiant attempting to expose Detective Michael Brown’s inappropriate activities with minors.

In 2016, affiant was told that Detective Michael Brown had been forced to resign from the SPPD since affiant’s incarceration.  Affiant was told that one of the reasons Detective Michael Brown was forced to resign was because of an outcry that he victimizing minors on a softball team.  If the FBI, FDLE, and DCF have not investigated Detective Michael Brown’s activities going back to 1990, affiant respectfully contends that if an adequate investigation was conducted into the foregoing, it would reveal that Detective Michael Brown had victimized children going back to 1990 and possibly into the eighties.

Following the foregoing incidents, with the SPPD in 1993, the affiant didn’t have any further contact with said agency as a CI until 1998.

Between the years of 1994 and 1997, affiant initiated contact with a law enforcement agency in Tampa, Florida.  Between the years of 1994 and 1998, affiant communicated with an agent from the foregoing agency about the following matters: {1)xxxxxxxx. {2}xxxxxxxx; {3} xxxxxxxx; {4} xxxxxxxx{5} xxxxxxxx; {6} The mysterious disappearance of a guy with the nickname “X” after xxxxxxxx; {7} SPPD Detective Donnie Williams’ personal relationship with xxxxxxxxx in xxxxxxxx, Florida; {8} A murder committed by Z in xxxxxxxx, Florida; and {9} etc..

Affiant was told that in 2015, SPPD Detective Donnie Williams was still under corruptions investigations.

In 1998, some events forced the affiant into being reactivated as a CI for the SPPD.  Within 3 months of affiants’ reactivation, SPPD disclosed his identity as a CI to  xxxxxxxx suspected of committing more than one murder.

In March 1999, the SPPD again arrested affiant for charges he was innocent of.  During the court proceedings in the affiants’ case, the court prohibited him from introducing into evidence anything concerning his prior employment as a CI. 

After affiant was placed in the Florida Department of Corrections (FDOC), he had years of protection problems that came as a result of his prior employment as a CI.   FDOC records will prove that for approximately 4 years Pinellas Assistant State Attorney Pat Saracusa told FDOC that affiant was never a CI for law enforcement.  If Mr. Sarcusa didn’t do the foregoing, the affiant wouldnt have had the protection problems he had his first 4 years in prison.  In 2004, FDOC verified with the SPPD that affiant had been a CI going back prior to 1992.  In 2011 FDOC verified that affiant was associated with the arrest of more than 70 individuals when he worked as a CI.

Affiant would like to provide the documents his family and him have, and the witnesses and evidence stated herein.

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) 4/5/16

Harold Hempstead, D.C.# 268866, B2-102 Single, Martin Correctional Institution, 1150 Southwest Allapattah Road, Indiantown, Florida 34956

C.C.  Tampa Bay Times, News Service of Florida, Orlando Sun Sentinel, Florida Times Union, Broward Sun Sentinel, Palm Beach Post, New Yorker Magazine, Rolling Stones Magazine, Times Magazine, People Magazine, New York Times, Prison Legal News, 60 Minutes, Inside Edition, 20/20 (Brian Ross), Elizabeth Patty-Lugo, Windy Hempstead, Susan Chandler, George Mallinckrodt, K. Harris (Second Chance Effort Project), Howard Simon (ACLU), Adam Tebrugge (ACLU), Randall C. Berg (Florida Justice Institute), Rev. Russell Meyer (Florida Council of Churches), Steven Wetstein (Stop Prison Abuse Now), Actual Innocence Project (Tallahassee, Florida), Tampa FBI, Tallahassee FDLE, Tampa FDLE, Department of Children and Families (St.Petersburg, Florida), Melinda Miguel (Chief Inspector General for the Governor), Mike Fasano (Senator), Jeremy Schanche.

Note: Some parts of this typescript of the document have been redacted for reasons of public safety.  

Caged Crusader Advocates Disabled Rights Florida D.C.

bw-harold

Harold Hempstead takes on the cause of Disabled Rights in the Florida Department of Corrections.  From the information he’s also submitted to Rick Scott, Governor of Florida and the U.S. Department of Justice, it would seem that the needs and safety of the mobility-impaired inmates are not being taken seriously.  The following affidavit meticulously details the many obstacles and difficulties daily encountered by those convicts confined to wheelchairs.  Once again, the law has prescribed a series of measures to be taken and standards to be upheld and these are simply not being respected and implemented properly.  Once again, it takes the efforts of a prisoner to raise these matters and ask the authorities to uphold their own laws and regulations.  When those authorities start listening to Harold Hempstead and implementing the strategies already in place for protecting disabled rights, and basic human rights;  as well as the many other grave matters that he has raised;  then perhaps Florida can one day truly claim to be a place administered by justice, democracy and the rule of law. 

SWORN AFFIDAVIT

To:  U.S. Department of Justice, Disability Rights Section, 950 Pennsylvania Avenue Northwest, Washington D.C. 20530.

Florida Governor Rick Scott, 400 South Monroe Street, Tallahassee, Florida 32399.

Florida Department of Corrections,  Attn:  A.D.A. Coordinator, 501 South Calhoun Street, Tallahassee, Florida 32399.

The Federal A.D.A. Act (42 U.S.C. : 12101) and section 504 of the Rehabilitation Acts (29 U.S.C. : 794) apply to prisoners,  Pennsylvania Department of Corrections V. Yeskey, 524 U.S. 206, 118 S.CT.1952 (1998);  Harris V. Thigpen, 941 F.3D 1495 (11th Cir. 1991).

MOBILITY IMPAIRED INMATES

The wheelchair impaired inmates are housed in 8 housing dorms at Okeechobee C.I.  In order for them: to leave their housing dorms and go to the chowhall 3 times a day to eat their meals;  to go to medical, dental and mental health call-outs for treatment;  to go to chapel, law-library, library, education and classification call-outs;  to go to the inmate canteen (commissary) to purchase food items, stationary and hygiene items;  and to go to the inmate visitation park for visitation they have to use the large quantity of interconnecting sidewalks.  The sidewalks have dozens of large cracks and minor potholes in them.  Oftentimes wheelchair impaired inmates are ejected from their wheelchairs when going over the cracks and by accident fall into the potholes.  28 CFR 361;  Ganstine V. Buss, 211 U.S. Dist. Lexis 148497.  This violation is causing A.D.A. inmates to be physically hurt.

The dirt and/or grass on both sides of all the sidewalks, etc. are parallel or lesser in elevation than the sidewalks.  Often times wheelchair impaired inmates roll off the sidewalks, or are pushed off the sidewalks by other inmates intentionally.  When this happens the wheelchair impaired inmate is ejected from his wheelchair when the wheels of the wheelchair hit the dirt and/or grass.  28 CFR 36.  This violation is causing A.D.A. inmates to be physically hurt.  If the dirt and/or grass was elevated above the sidewalks, etc. it would prevent the foregoing.

1.) 28 Code of Federal Regulations 36 is the A.D.A. Accessibility Guide.

The entrances to the 8 housing dorms and numerous other entrances at Okeechobee C.I. are unsafe for wheelchair impaired inmates to pass through.  The elevated steel that the wheelchair impaired inmates have to cross over in the entrance ways oftentimes causes them to be ejected from their wheelchairs if they’re not very careful.  28 CFR 36.  This violation is causing A.D.A. inmates to be physically hurt.

Several of the restrooms at Okeechobee C.I. don’t provide accessible door hardware that can be opened with a closed fist as required by 28 CFR 36 Section 4.23.9.

Securely attached matts are not provided at the entrance of each building and into each wheelchair impaired shower in violation of 28 CFR 36 Section 4.5.3.

The counter in the law library that law clerks and orderlies stand behind to help the inmate population with their law work is more than 34 inches high from the floor in violation of 28 CFR 36 Section 5.2.

The U.S. postal mailbox and inmate request box are more than 34 inches high from the ground in violation of 28 CFR 36 Section 5.2.

The restrooms don’t have papertowel dispensers at an accessible height in violation of 28 CFR 36 4.22.7.

Okeechobee C.I. doesn’t provide adequate direction and accurate information signage for A.D.A. inmates in violation of 28 CFR Section 4.1.3 (16).

Okeechobee C.I. has 36 wheelchair accessible cells.  6 of these cells are in confinement wings.  Okeechobee C.I. doesn’t have a sufficient amount of wheelchair accessible cells to house wheelchair impaired inmates in violation of 28 CFR 36;  Florida Statute 553.503.  This is causing wheelchair impaired inmates to be housed in cells and living quarters that are not in compliance with the A.D.A.

The wheelchair impaired inmate showers have showerheads stuck to the walls like non A.D.A. wheelchair impaired showers.  These types of showerheads make it where wheelchair impaired inmates can’t properly wash the whole backside of their bodies that are in the wheelchairs.  Okeechobee C.I.’s failure to provide handheld showerheads that are connected to the showerheads on the walls via a hose so wheelchair impaired inmates can properly shower themselves is causing them to be denied proper hygiene and is in violation of 28 CFR 36.

Okeechobee C.I. has 2 inmate recreation yards.  One of the recreation yards doesn’t have any cement, etc. sidewalks on it.  Wheelchair impaired inmates cannot access it.  As it concerns the second recreation yard, wheelchair impaired inmates have sidewalks that go to the front and side of the recreation building, basketball court, small pavilion, and toilets.  On this recreation yard wheelchair impaired inmates don’t have access to the 2 large pavilions, 2 water kegs, the football and soccor fields; and because the basketball court only has enough cement to make the court, wheelchair impaired inmates cannot park their wheelchairs on the basketball court.  These violations prohibit wheelchair impaired inmates from being able to watch sporting events like the rest of the general population.  Approximately 90 percent of this recreation yard cannot be accessed by wheelchair impaired inmates.  None of the 3 pavilions have tables under them that can be used by wheelchair impaired inmates.  Neither of the recreation yards have a cement sidewalk that go all around them for wheelchair impaired inmates.  These violations make it where wheelchair impaired inmates don’t go to the recreation yards to sit in the sun, get fresh air, or watch sporting events.  28 CFR 36;  Florida Accessibility Code (Florida Statute 553.503);  Ganstine V. Buss, 2011 U.S. Dist. Lexis 148497 (2011).

Wheelchair impaired inmates cannot have access to the inmate canteens;  medical, mental health, dental and classification departments, pilline to receive medication;  and library, law library and education departments without travelling up and down inclined cement sidewalks.  Also, to exit the north and south chowhalls wheelchair impaired inmates have to travel down inclined cement sidewalks.  The health of a lot of the wheelchair impaired inmates prohibit them from being able to push themselves up the inclined cement sidewalks.  If a staff or inmate don’t help them up the inclined sidewalk, they’ll have to wait at the bottom of said sidewalk until somebody agrees to help them.  Also, a lot of the wheelchair impaired inmates can’t safely control their wheelchairs when having to travel down the inclined cement sidewalks.  This oftentimes scares them to attempt such.  Some of the wheelchair impaired inmates who attempt to travel down the inclined sidewalks without help end up hitting inmates at the bottom of the inclined sidewalks and sometimes hit the fences and/or go into the dirt and/or grass which are about 12 feet from the bottom of the inclined sidewalks.  Also, these inclined cement sidewalks don’t have handrails.  28 CFR 36.

Inmates that are acting as impaired assistants with wheelchair impaired inmates are extorting, physically and (possibly sexually) battering wheelchair impaired inmates.  28 CFR 36.

The law library at Okeechobee C.I. doesn’t have a primary research book/source for A.D.A. inmates to research A.D.A. violations.  This violation makes it where A.D.A. inmates can’t properly defend themselves against A.D.A. violations in violation of the A.D.A. and 28 CFR 36.

RELIEF SOUGHT

For the U.S. Department of Justice Disability Rights Section, Florida Governor, and Florida Department of Corrections to take immediate action to correct the A.D.A. violations mentioned herein that are at Okeechobee Correctional Institution.

Executed on this 2 day of December 2016.

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 handwritten document)

Harold Hempstead, D.C.# 268866, Okeechobee Correctional Institution, 3420 North East 168th Street, Okeechobee, Florida 34972

C.C.  ACLU of Florida (Howard Simon)

Stop Prison Abuse Now (Steven Wetstein)

Disability Rights Florida (Molly Paris)

Florida Legal Service (Peter Sleasman)

Florida Justice Institute (Randall Berg)

Forgotten Majority

Human Rights Defence Center (Lance T.Weber)

Miami Herald Newspaper (Julie Brown)

WTVT Fox 13 Tampa (Craig Patrick)

CBS 4 Miami (Michele Gillen)

New Yorker Magazine (Eyal Press)

Tampa Bay Times

Palm Beach Post (Pat Beall)

Windy Hempstead

Susan Chandler

George Mallinckrodt

Jeremy Schanche