DANIEL GEIGER – THE FIRST INMATE PLACED IN THE SHOWER AS PUNISHMENT THAT KILLED DARREN RAINEY

From the beginning I explained to the Miami-Dade Police Department (MDPD) that Daniel Geiger was the first mentally disabled inmate placed in the shower (Rainey was killed in) as a torturing device, and easily the most mentally disabled inmate I witnessed get placed in the shower as punishment.  Just prior to Geiger leaving the Dade C.I. TCU to go to Lake C.I. TCU I witnessed him eating his own faeces.  I don’t believe Geiger was ever in touch with reality when I knew him in the Dade C.I. TCU.

In 2012 Geiger was transferred to Lake C.I. TCU.  I was told that in the end of 2016 Geiger was found dead in the Lake C.I. TCU.  I don’t know anything about Geiger’s death, I just know he died.

When I was reading the Dade County, Florida State Attorney’s 3/17/17 memorandum stating they aren’t going to prosecute Rainey’s killers, I noticed that it said that the MDPD attempted to interview Geiger.  Page 36 of the State Attorney’s memorandum provides a synopsis of MDPD’s attempt to interview Geiger.  The synopsis says Geiger appeared despondent, that Geiger didn’t appear to fully understand the questions and that he was adamant that he was never incarcerated at Dade C.I., but this synopsis contends that the interview was done at Dade C.I.  In other words, Geiger didn’t know he was at Dade C.I. when the interview was being done.  (I guess Geiger returned from Lake C.I. to Dade C.I. sometime prior to this interview and sometime after this interview he transferred to Lake C.I. again.)

By reading this synopsis on page 36 of the Dade County Florida State Attorney’s memorandum, you can see that Geiger was severely mentally disabled when the MDPD tried to talk with him.  However this fact didn’t stop the Dade County State Attorney from citing Geiger like she was citing a mentally-stable man.  To be specific, on page 69, first paragraph, last sentence of the State Attorney’s memorandum it states “Geiger said he was unaware of the shower being used for punishment or torture.”

Do you think it’s right that the Dade County Florida State Attorney cited Geiger like he was a stable inmate?  Let’s think about this:  when the MDPD interviewed Geiger at Dade C.I. they said he appeared despondent, did not appear to fully understand the questions and was adamant that he was never incarcerated at Dade C.I.  To me it’s outrageous that the State Attorney cited Geiger like he was mentally stable.  The mentally unstable shouldn’t have their words used against them, and they should be given more protection because they are mentally unstable.

Do you believe it’s right for the police to ask severely mentally disabled people if they were victimized and when they give some kind of answer that can be interpreted as ‘no,’ that the police and State Attorney use that answer against them and let the suspect get away that harmed them?  Shouldn’t the police and State Attorney use witnesses and other types of evidence to prove the crime(s)?

Another thing that I find outrageous is not only that the State Attorney cited a mentally unstable man like he was stable, but she also cited a dead man.  Yes, Daniel Geiger died several months prior to the State Attorney releasing their memorandum.

If you look at Martin Christianson’s statement on page 41 of the State Attorney’s memorandum you’ll read that the State Attorney told us what Christianson’s statement was, but also told us that Christianson was deceased.  The State Attorney didn’t tell anybody that Geiger was deceased.  Why do you think the State Attorney did this?

Please share this blog with your friends and anybody you think can help us with getting justice for Darren Rainey.  Please sign our petition at Change.org entitled THE LIFE OF BLACK, MENTALLY DISABLED MUSLIM PRISONER DARREN RAINEY DOES MATTER.

Caged Crusader

WHEN WAS THE MIAMI-DADE POLICE DEPARTMENT (MDPD) ASSIGNED TO INVESTIGATE THE DARREN RAINEY MURDER (6/23/12) AND WHEN DID THEY START INVESTIGATING SAID MURDER (JUNE 2014)

On 6/23/12 when Darren Rainey was murdered the MDPD was assigned to investigate said murder.  On that same day the MDPD assigned case number : 1206 23238979MDPD as the MDPD case number for the Rainey murder.

MDPD and Miami-Dade County Florida State Attorney records will show that from 6/23/12 till June 2014, the MDPD didn’t conduct any investigations into the Rainey murder.

All law enforcement officials are taught to not postpone investigating a case.  Why?  Because as time passes evidence is destroyed or lost, witnesses die and their memories get worse.  All law enforcement officials know that as time passes the chances of proven the crime decrease.  The MDPD detectives assigned to the Rainey case knew the foregoing and they still refused to investigate the Rainey case.  Why do you think the MDPD refused to investigate the Rainey case for approximately two years, knowing that as time progress the chance of proving the case decrease?  I cannot think of any valid legal or moral reason for the MDPD doing the foregoing.  The only logical reason I can think of as to why the MDPD would do the foregoing was that the MDPD detectives assigned to the Rainey case believed they had more important cases to investigate.  The Rainey murder wasn’t important to the MDPD detectives assigned to the case.  Why wasn’t it important to them?  I believe it was because of who Darren Rainey was.  Rainey was a poor, black, mentally disabled Muslim prisoner, in prison for possession of a small amount of drugs.  To the MDPD nobody cared about Rainey’s murder apart from some convicted burglar serving 165 years in prison.  Since nobody in society cared about Rainey’s murder, why would they care about it!  To the MDPD detectives assigned to the Rainey case, Rainey was a nobody.  If you order the MDPD rules for investigations and the MDPD Homicide Department Standard Operating Procedures For Investigations, you’ll see the MDPD detectives assigned to the Rainey case violated their own rules in not starting an investigation into the Rainey case until almost two years after Rainey’s murder.

Now I’d like to address what actually caused the MDPD to actually start investigating the Rainey murder.  If you go to the Miami Herald newspaper internet site and read the first Miami Herald article published on the Rainey murder on 5/18/14, and read all their articles that mention Rainey’s name until about the second week of June 2014, you’ll see it was the media that caused the MDPD to do their job and start investigating the Rainey murder.  Yes the only thing that caused the MDPD to do their job and investigate the Rainey murder was the Miami Herald publishing several articles on how the MDPD was refusing to investigate the brutal murder of Rainey that happened almost two years earlier.

MDPD and Dade County Florida State Attorney records will prove that absolutely nothing was done to investigate the Rainey murder from June 2012 till June 2014.  Please investigate what I’m saying.  Also, please read the May and June 2014 Miami Herald articles and you’ll see how they mention the MDPD not investigating the Rainey case.  I believe this should show the people of Dade County, Florida and the World that certain types of people’s lives don’t matter to the MDPD.  If you’re poor your life don’t matter to the MDPD.  If you’re black your life don’t matter to the MDPD.  If you’re mentally disabled your life don’t matter to the MDPD.  If you’re Muslim your life don’t matter to the MDPD.  If you’re a prisoner your life don’t matter to the MDPD.  If you’re anything else your life might not matter to the MDPD.

My friends, I’ve told people over these years that by taking a stand asking for justice for the murder of Rainey, I’m not just taking a stand for Rainey, I’m taking a stand for the value of life for all people.  By saying Rainey’s life mattered we’re saying all lives matter.  In other words, a quest for one is a quest for all.  Please join us in our quest to show that Darren Rainey’s life mattered and that all lives matter.

Please share this blog with your friends and anybody you believe would like to join us in our efforts.  Please sign our petition at Change.org entitled THE LIFE OF BLACK, MENTALLY DISABLED MUSLIM PRISONER DARREN RAINEY DOES MATTER.

Caged Crusader

THE MOUNTED SECURITY CAMERA FOOTAGE THAT TWO AGENCIES DIDN’T SECURE THAT SHOWED FOUL PLAY ON THE NIGHT DARREN RAINEY WAS MURDERED

After Darren Rainey was murdered I wrote the Miami-Dade Police Department {MDPD} and Miami-Dade Medical Examiner’s Office several letters telling them to please secure the footage from the mounted security camera in wing J1 of the Dade C.I. TCU that pointed toward the officer station on the night Rainey was killed.

The reason why I told these two agencies to save this video footage was because it would show the frantic actions of the officers in the officers’ station  after Ofc. Thompson found Rainey dead in the shower, left him dead in the shower on the floor and went to the officers’ station and told his fellow officers Rainey was dead.

I told these agencies that Ofc. Thompson was the officer who found Rainey dead on the shower floor, that he left Rainey dead on the shower floor and went to the officers’ station and told his fellow officer that Rainey was dead.  That for the next approximately eight minutes the officers’ actions were frantic as they obviously discussed Rainey dead in the shower.  That when they were done discussing the foregoing, Ofc. Clarke went to the shower and acted like he just found him dead.  Also, I told these agencies in 2012 and 2013 that several days after Rainey was killed, when discussing Rainey’s death with Ofc.s Clarke and Thompson, they told me to say Ofc. Clarke found Rainey dead if anybody asked.  Finally I told these agencies that these Ofc.s were going to say Ofc. Clarke found Rainey dead, but that was a lie.  As you can see, these agencies knew from the beginning that it was important to secure the footage from the mounted security camera in wing J1 that pointed toward the officers’ station on the night Rainey was killed.  However, as it presently looks this camera footage wasn’t secured.

Why do you think these agencies wouldn’t secure the camera footage?  I believe they didn’t do the foregoing because it was more evidence to show foul play with Rainey’s murder.

Do you believe the police sometimes don’t conduct as thorough investigations into some cases as they do others?  I do.  Do you believe the police would conduct as thorough an investigation into a man in prison being killed as they would a man in society being killed?  I don’t.  Do you believe the police would conduct as thorough investigation into a mentally unstable man being killed as they would a mentally stable man being killed?  I don’t.  Do you believe the police would conduct as thorough investigation into an African American being killed as a Caucasian?  I don’t.  I believe the majority of police in America are very good people that are very good at their work.  However police officers are humans and a lot of them are bias, prejudicial and/or racist.  It is sad, but this is the truth.  Why didn’t the Miami-Dade Police Department secure the footage from the camera mentioned herein?  I believe they didn’t secure this camera footage for the same reason they refused to investigate this case until the Miami Herald newspaper in May 2014 started writing articles on the police failing to investigate this case.  Why?  Because to the Miami-Dade Police Department detective assigned to the Rainey case, Darren Rainey’s life didn’t matter.  Why didn’t his life matter?  Because Darren Rainey was a poor, black, mentally disabled, Muslim prisoner.  When a detective cares about the outcome of a case, they thoroughly investigate it.  When they don’t care, they do just enough to say they investigated it.

The Darren Rainey case is another case that will go down in history as evidence showing that Black Lives Don’t Matter In Dade County, Florida and America.  This is how it’ll be unless we all join together in unity, peace and love, and do all that we can to show Black Lives Matter In Dade County, Florida.  All of our efforts must be in unity, peace and love.  What do you think?  Do you believe Black Lives Matter?  We do.  Do you believe all lives matter?  We do.  We care about what you have to say.  You matter, and you can make a difference.

Please share this blog with your friends and anyone you believe can help us with getting justice for Darren Rainey.  Please sign our petition on Change.org entitled THE LIFE OF BLACK, MENTALLY DISABLED MUSLIM PRISONER DARREN RAINEY DOES MATTER

Caged Crusader

THERE WAS EVIDENCE OF INTENT TO HARM DARREN RAINEY

Question:  Was there any evidence of intent to harm Darren Rainey?

Dade County State Attorney Katherine Fernandez Rundle says “No.”

What does the evidence show?

1)  Several inmates said the water in the shower Rainey was murdered in got very, very hot.  Some said the water temperature in the shower exceeded 180°.  Several inmates said Dade C.I. staff placed inmates in the shower as punishment, and staff use to turn the water on full hot with no cold while the inmates were in it.  Several inmates also said they were placed in the shower as punishment.  This was the same shower Rainey was killed in.

2)  The Florida Department of Corrections (FDC) has a procedure called ‘Forced Hygiene Compliance Procedure.’  If Rainey wiped feces on himself and was refusing to shower, Dade C.I. staff were required to follow this procedure.  They didn’t follow this procedure because their intent was to harm Rainey and not to help him, because he was being a headache to them.  This procedure required them to get approval from the Duty Warden and Psychiatrist before placing Rainey in the shower, staff would’ve had to use a hand-held video camera to record all their actions and Rainey’s actions while doing Forced Hygiene Compliance and the Duty Warden and a nurse would’ve had to been present through the whole process.  These things would’ve prevented Dade C.I. staff from placing Rainey in the shower they placed him in to punish him and that eventually killed him.

3)  Rainey wasn’t placed in any of the 6 operating showers in Wing J1 where he was housed.  He was placed in a shower in another wing that he wasn’t housed in, on a night inmates in the TCU weren’t supposed to be in any showers.  He was placed in the only operating shower in the TCU that was in a blind-spot, that mounted security cameras in Wing J3 couldn’t view.

4)  Dade C.I. staff who tested the water in the shower Rainey was killed in said the water temperature exceed 180° which was approximately 55 to 60° hotter than what FDC’s Environmental Health and Safety Manual mandated it could be.  There was no lawful or logical reason for the water temperature in the shower Rainey was murdered in to be so hot.  The only possible reason it was so hot was to punish mentally disabled inmates that refused to follow staffs’ orders.

5)  Rainey was unsupervised and in the shower for approximately 2 hours as a form of punishment.

6)  If staff were trying to shower Rainey, how come they placed him in the only shower in the TCU that he could avoid the water in?  Rainey wouldn’t have been able to avoid the water in any of the ten other working showers in the TCU.  The obvious and only possible reason Rainey was placed in the only shower in the TCU that he could avoid the water in was because he wasn’t placed in that shower to shower.  Rainey was placed in that shower as punishment and that is why he was placed in the only shower in the TCU that reached temperatures in excess of 180°.

7)  Officer Roland Clarke or any of the other Dade C.I. staff didn’t take Rainey out of the shower even though he continued to yell and kick the shower door asking to get out (because of how hot it was in the shower.)  If they weren’t trying to harm him they would’ve took him out of the shower when he was pleading to get out of the shower.

8)  In the state’s own report that I have, Dade C.I. staff and medical staff that were working on the night Rainey was murdered said his skin was burned.

9)  Dade C.I. Captain Dixon who tested the water temperature in the shower (according to the State Attorney) said the water was tested at 160 degrees.

How many times have the people of America heard obvious lies and twisting of facts by those who don’t want to prosecute when a black man is killed by a law enforcement official?  It is a sad thing that Dade State Attorney Ms Rundle has chose to not uphold justice but instead let Rainey’s killer (Roland Clarke) go free.

Please share this blog with your friends.  If you know anybody that can aid in getting justice for Rainey, please share this blog with them.  Please sign our petition on Change.org

THE LIFE OF BLACK, MENTALLY DISABLED MUSLIM PRISONER DARREN RAINEY DOES MATTER

Caged Crusader

WHY DID DADE COUNTY STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE FOCUS ON SMALL IRRELEVANT FACTS WHEN SHE DECIDED TO NOT PROSECUTE IN THE DARREN RAINEY MURDER?

If you go to the Pinellas County, Florida Clerk of Court records for the case I’m in prison on (Case No.: CRC 99-05695 FANO) it’ll show that my State Attorney used the following in Voir Dire as a way to tell the jury to not focus on small irrelevant facts that have no bearing on the trial.  The State Attorney said “Ladies and gentlemen, imagine if you would, you were at the Superbowl with fifty thousand people watching it in the stadium with you.  A man jumps out of the sitting area on to the field and kills a player.  Everybody watched the killing, you were all eyewitnesses, but none of your statements will be identical.  All the eyewitnesses will say the man who went on the field killed the player, but outside of that, to some degree or another, all the statements will be different.  Some might say it was sunny, others might say it was cloudy, many will say the killer was wearing clothing that he wasn’t wearing;  and so on and so forth.  The important thing about their statements is not the irrelevant facts, but that they all agreed that the man who went on the field killed the player”

Now the foregoing to some degree was improper in my trial because I wasn’t on trial for murder.  I was on trial for burglaries and dealing in stolen property.  However, what the State Attorney was in essence telling the jurors in my trial was to not focus on the small irrelevant facts but focus on the relevant facts.

From my 18 years of reading case law I have learned that it is a common thing for State Attorneys to tell jurors to not focus on the small, irrelevant facts but only on relevant facts.  As a certified paralegal I also learned the reasoning behind this in my college studies.  Small irrelevant facts have no bearing on a case.

Now please keep these things in mind as I explain something important the Dade County State Attorney stated in their 3/17/17 written decision to not prosecute anybody for murdering Darren Rainey.

Multiple inmates that the State Attorney can verify were in the wing on the night Rainey was murdered gave statements during the investigation.  All of these inmates agreed on the following relevant facts:

(1)  Officer Roland Clark placed Rainey in the shower.

(2)  The shower had very hot water in it.

(3)  Rainey screamed while in the shower trying to get out of the shower.

(4)  Rainey died in the shower.

These are the important relevant facts.  The State stresses in their written decision that the witnesses didn’t agree on the actual time Rainey was placed in the shower and when he started to yell.  The witnesses agreed he died at night on 6/23/12 and that he yelled while in the shower, but the State Attorney nit-picks and blames witnesses to a brutal murder that happened months shy of 5 years ago for not keeping accurate time of when everything happened.  The majority of people in this world don’t think about documenting the time of when they are witnessing a brutal murder and the details that lead to that murder.  They are usually in shock and try to block out what they witnessed.

The inmate witnesses all agreed on the important facts:

(1)  Officer Roland Clark placed Rainey in the shower.

(2)  The shower had very hot water in it.

(3)  Rainey screamed in the shower trying to get out of the shower.

(4)  Rainey died in the shower.

I’m sure most (if not all) would agree with me that these are the important facts.

Why did the Dade County State Attorney focus on irrelevant facts and not these important facts?  Because to Katherine Fernandez Rundle, Darren Rainey was a poor, black, mentally disabled, Muslim prisoner, and his life did not matter.  If Ms Rundle would have filed charges against Officer Clarke

(1)  She would have been prosecuting an officer who is a member of the PBA – a group strong enough to get her out of office.

(2)  The State Attorney would’ve had to pay a large quantity of money to prosecute the case and Rainey’s life to Ms Rundle wasn’t worth what it cost.

(3)  She would’ve broke the pattern her office has had for a very very long time of not prosecuting law enforcement officials who unlawfully murder African Americans.

These are the reasons why Ms Rundle in her 3/17/17 decision decided to focus on small irrelevant facts and not relevant facts.

Please share this blog with your friends and whoever you think could help with obtaining justice for the murder of Darren Rainey.  Please contact Revs. Jesse Jackson, Al Sharpton and the founders of Black Lives Matter and ask them for help in getting justice for Darren Rainey.  Please sign our petition on Change.org entitled THE LIFE OF BLACK, MENTALLY DISABLED MUSLIM PRISONER DARREN RAINEY DOES MATTER. 

Caged Crusader

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)

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