SO WHAT'S IT ALL ABOUT?
Revenge or Rehabilitation?
The Frank Councell Story
The Florida Department of 'Correction' has fallen down on it's primary and most important job: Safety of the guards, the prisoners AND the public. It really HAS to be all about rehabilitation because if prisoners don't come out better able to fit into society than before, what have we accomplished? Where has our money gone? How are we safer? Yet every guard I've ever asked about rehabilitation has responded, "Rehabilitation? That's not my job."
Since the system is obviously not dedicated to improving a prisoners capabilities, it is up to the individual inmate to be driven enough to rehabilitate himself, yet Frank Councell's story is repeated throughout the FDOC: An inmate tries to get himself ready for release, officers try to prevent that rehabilitation and the staff ignores it. Can anyone wonder why Florida's recidivism rate is so high?
It is in the best interest of the people to insist that the governor, legislators and staff of FDOC utilize the many (and expensive) prisons to prepare inmates to return to society as improved and more capable citizens. This is the only way to make our streets safer for us and our children.
Kay Lee, Making The Walls Transparent (MTWT)
http://www.angelfire.com/fl3/starke
Contact information:
Mr. Frank Councell #544242, Hardee Correctional Institution, 6901 State Road 62, Bowling Green, Florida, 33834.
Mr. L. Scott Phillips, lscott.phillips@yahoo.com
Dear Ms. Kaylee,
Since Frank and I decided to write this true account of his abuse desperately spinning out of control, we have plastered the inbox of every Florida and National politician, we have contacted all major Florida newspapers, and a cadre of editors and writers who seem to have an interest in corrections. With this presentation, we hope to energize you all, gather constructive tips, and welcome the knowledge of your experience.
And now, Frank’s story….
Florida Department of Corrections Policy: Revenge Trumps Rehabilitation
We’ve all heard stories of inmates who claim correctional officers have abused them, set them up, falsely accused them, and lied about them. For the most part, these contentions are dismissed, given little credence, and reinforce the view that inmates lie about everything. Proof of the alleged incidents almost never exists, so it comes down to the inmate’s word against an officer’s word.
My name is Lloyd Phillips, and this is the story of my close friend, Frank Councell, who is an inmate in Florida. The abuse and retaliation, to which he has been subjected, is blatant and overt, and elevate the contentions above doubt and skepticism. In this case, the perpetrators are so emboldened by hatred and their need for vengeance, that they have been unable to conceal their antagonism. You need not take my word for any of this (though I swear to the veracity of my account), because the Florida Department of Correction's (FLDOC) own records and actions reveal the disheartening story.
Frank is in prison for the second degree murder of a man named Robbie Stout in September 1994. This tragic incident happened four days before Frank’s nineteenth birthday during an unprovoked attack by the victim. Frank has always accepted responsibility for his actions, and in May 1995 signed a plea deal that resulted in a 20-year prison sentence to be followed by two and a half years of probation.
In prison at 19, the sentence may as well have been life, and for all intents and purposes he treated it as such. Sent to one of the most violent prisons in Florida, Apalachee Correctional Institution (better known as “ACI”), Frank’s hopes for the future turned to despair. From despair sprang anger, and from anger sprang violence. However, the trip down that path exacted a heavy toll, and Frank realized that something had to change.
Frank contemplated on his life and concluded that he alone was the master of his fate. He could either squander his time in prison, or he could use it to build the foundation for his eventual return to society. He chose the latter.
The first step he made was to get his GED. He immersed himself in his studies, and found that not only did studying provide a temporary escape from the harsh reality of prison, but also that he loved learning. His aptitude for science and math quickly became apparent, and even before he received his GED, he began to dream of one day going to college to become an engineer.
Frank passed his GED test with a very high overall result, and achieved a perfect math score. He was immediately placed in an architectural drafting/CAD vocational program. He realized how important the skills learned in the program would be to him as an engineer, and focused on learning as much as he could during classroom hours. He made the most of every possible opportunity to study, including evenings in the dormitory where he fervently studied mathematics and physics. Within a year and a half he taught himself college algebra, trigonometry, the branch of physics known as mechanics, and began studying calculus – all without the aid of a calculator!
He faced frequent criticism from other inmates who viewed his studies as a waste of time, yet he persisted in the hope that someday he would get the chance to make his dream of attending college come true. Fortunately, I have been able to help with that.
When I began writing Frank years ago, he was incarcerated at Taylor C.I. in northern Florida. Right away, I recognized that he was not a stereotypical inmate. He views education as his deliverance from a life certain to be overshadowed by his imprisonment, and has often written at length the degree to which his life, and outlook for the future, have changed for the better since he made education his number one priority. Frank’s sincere and enthusiastic dream to attend college was contagious, and I offered to enroll him in correspondence courses from Louisiana State University (LSU).
He easily passed the placement exams, and the first course he took was college algebra. Everything with this course went smoothly, and he completed it in a fraction of the allotted time, earning straight A’s in the process.
Frank chose trigonometry as his next course, and this is when his problems began. The mid-term exam was mailed to the institution’s education director, but Frank never received it. Frank spoke with the education director on numerous occasions about the missing exam, and was told each time that it had not arrived.
Concerned, I asked the university to look into it. They talked to the director, and were also told the exam had never arrived. However, Frank learned from several education clerks that an envelope from LSU had been sitting on the director’s desk for several weeks. Frank and the university had been inexplicably lied to by the very department head charged with inmate education.
In order to avoid future repeats of this misconduct, Frank arranged to have an alternate education official proctor the exams. By the time this problem was corrected, Frank had already taken the final exam, and when at last he took the mid-term exam, he scored an A, just as he had on every lesson and the final exam.
The next course I enrolled him in was a geology course, but he never began it due to increasing problems with prison staff, and because every course textbook sent to him vanished. I ordered the textbook on three separate occasions, yet he never received any of them. Neither the textbook supply company, nor I, were notified as to the disposition of the missing textbooks.
Because of this brazen institutional interference, I reluctantly canceled the course, and Frank’s education had to be put on hold until he was transferred to another facility.
Determined to avenge the death, eleven years earlier, of Frank’s victim, problems from staff at Taylor escalated, but due to the courageous intervention of a professional working at state classification in Tallahassee, Frank was transferred from Taylor before correctional staff were able to physically harm him. It was with great relief that he arrived at Marion C.I. in early November 2006.
After the other institutions Frank had been to, Marion was relatively pro-education. A week after his arrival, he was accepted into the mechanical drafting program where he quickly became known as the “go-to guy” for students in need of help. Frank enjoys helping other inmates, and takes great pleasure when one of his explanations or demonstrations enables someone to understand a difficult topic.
Frank’s studies at Marion expanded beyond the drafting program, and I ordered two more courses for him: English Composition I, and Calculus and Analytic Geometry I. According to Frank, English is his worst subject, yet he achieved a B for the course. His calculus instructor awarded him A+s on nearly every lesson, and an overall A. Frank takes his responsibility for education very seriously, and shows his appreciation for the opportunity I am able to give him by the dedication to his studies.
During the time Frank was preparing for the calculus final, he was approached by an inmate in the wastewater vocational program who needed help with math. It was while helping this inmate that Frank discovered how interesting the field of wastewater treatment is. When he saw some of the math and science that wastewater operators must know, his interest was piqued. When he later discovered that his felony conviction wouldn’t whatsoever be a barrier to a job in this field, and that there is a huge demand for qualified wastewater operators, he was sold.
Overnight, so it seemed, Frank’s vague, nebulous plans coalesced into a blueprint for a future career in the wastewater and water treatment field. I enrolled him in wastewater correspondence courses from California State University, Sacramento (CSUS), the successful completion of which qualified him to take the state wastewater level “C” exam this August. But we did not know that there were powerful forces amassing against him that would shatter his plans, and prevent him from taking that examination.
Frank was very excited about the career possibilities in the water treatment field, his only complaint being “There isn’t enough math.” From the beginning he was not concerned with merely passing the exam, but rather making the highest score in the state, a matter of some prestige among operators. And he never viewed getting his wastewater license as an end goal, only as a beginning. Before he began the courses from CSUS, he was already talking about getting a job as an operator for a company or municipality that offered tuition reimbursement so that he could continue his schooling and earn an engineering degree. He also wants to get a degree in mathematics “just for fun, as a reward to myself.”
Frank spoke extensively with the wastewater instructor at Marion about a future in the field. The instructor was very knowledgeable and encouraged Frank to pursue his goals. He told Frank of the great demand in drinking water and wastewater treatment for engineers, chemists, biologists, and other professionals. He described to Frank how all of his skills – computer, CAD, math, physics, etc. – could be used as an engineer in the field.
As Frank rapidly mastered the material in the wastewater courses, he began to think of requesting a transfer to a camp where he could get in-plant experience, which would allow him to become a licensed operator, practically guaranteeing him a job upon his release. He talked to the wastewater teacher about this and found that the instructor knew people operating wastewater plants at other camps who needed inmates to work for them. Nothing stood in the way of Frank being transferred to a work camp where he could work in a wastewater plant and earn the in-plant hours unconditionally needed to become a licensed operator, nothing that is, until March 21, 2008.
On March 21st, Frank was called to the officer’s station at 4:00 PM count, placed in handcuffs, and taken to the lieutenant’s office. There he was informed that he was being placed in administrative confinement pending transfer. The reason for the transfer? Frank was told that his housing and custody levels, then at HO3 and minimum, had been increased to HO5 and close, respectively, the highest levels of any open population inmate. This was done despite Frank’s having been trouble free for three years and while he was enrolled in a vocational program. In addition, prior to his transfer to Marion, he had completed a PC Support vocational program. Both program participation and maintaining a clear record are key criteria the FLDOC uses for lowering custody, yet Frank’s was being raised dramatically. His custody had been medium since 2001, and minimum since early 2007. His housing level had not been above HO3 since 2003.
Frank’s spirits while in confinement were as low as I’ve ever seen them. He felt dejected and dispirited after coming so close to realizing goals that would pave the way for him to secure his future. He always felt that his educational achievements were what helped lower his custody, yet now he saw that everything he had accomplished meant less than nothing to the FLDOC.
The change in his custody is so inexplicable that he at first tried to console himself by thinking it was a mistake, that it would soon be corrected so that he could resume his studies and continue planning for his future. However, as the responses to the many requests he wrote regarding this situation began trickling back to him, any of his remaining hope was extinguished.
Classification officers responded to his requests by stating that his custody and housing levels were increased because of additional charges Frank caught 12 years earlier in 1996 at the age of 20. It was difficult for either of us to believe this justification because Frank has had so many progress reviews and has seen his custody and housing levels steadily drop over the years. I became concerned that this explanation was not the real reason for the increases in Frank’s housing and custody levels, and was prompted to make inquiries myself. I was incredibly troubled by what I found, and dreadfully surprised at the outright lies I was told by numerous corrections officials.
I should pause now to say that starting in May 2005 Frank has had problems from FLDOC staff because of who his victim was. Robbie Stout was in training to become a Florida corrections officer at the time of his death, and many of his immediate family members currently work at various prisons throughout Florida. The problems began, while at Taylor C.I., when Frank was awakened early one morning and placed in confinement over a falsified disciplinary report. He also received numerous implied and direct threats from staff because of his victim’s family members’ influence with other FLDOC staff.
When I learned Frank was in administrative confinement at Marion because of an abrupt jump in his custody, I began to suspect his victim’s family’s involvement, as did Frank. The suspicion was given some validity when Frank received a message while in confinement that “the word on the compound” was that a member of Frank’s victim’s family had begun working at Lowell C.I., and that this person contacted classification about this in order to get Frank transferred. This compound rumor had more truth in it than I’ve as yet been able to get from any FLDOC official other than the Inspector General’s office.
The assistant warden at Marion, Mr. Lonnie Holmes, when asked why Frank was being transferred, responded by saying that his custody was raised based upon a new formula used by officials in Tallahassee to calculate inmate custody levels. Mr. Holmes further stated, that because of this new formula many inmates on controlled release had been rearrested and re-incarcerated. This is in fact, completely untrue.
Frank was transferred from Marion on April 7, 2008 to Central Florida Reception Center, where he stayed overnight. On April 8th, he was transferred from there to North Florida Reception Center (NFRC).
Shortly after arriving at NFRC, Frank was separated from the group of inmates he transferred with and was placed in a small holding cage. The officer who locked him in the cage asked if he knew why he was being put there. When Frank said he didn’t know, the officer asked what he was in prison for. Feeling as if he had been punched in the stomach, Frank responded, “murder.” The officer then asked him who he killed, and when Frank gave the name of Robbie Stout, the officer informed him that Stout’s brother worked as a sergeant at NFRC and then walked off without further comment.
North Florida Reception Center has a long history of abuse of inmates by staff; it is legendary among inmates. Frank knew as well as any other inmate this history of violence and felt that because of this victim’s brother’s position at NFRC that he faced certain abuse. Frank had been left alone like this for nearly an hour before being told that he was being transferred. By this time, he was numb from contemplating the beating he was certain he would receive.
The psychological torture intensified for Frank as he sat in the transport van and overheard a conversation between the two transport officers (one of whom was the officer who questioned him about his crime) and a guard in the tower. The conversation between these officers began with a discussion of little known details of Frank’s crime and ended with laughter all around as the transport officers joked about how Frank might get shot “accidentally” or while “attempting escape.” Fortunately, these officers were either joking or too afraid to carry out the shooting, something Frank discovered only after the transport was over.
The situation grew more dangerous when Frank arrived at his destination, Mayo C.I. There are two reasons why Mayo is a very suspect choice: 1) Frank was transferred from there in December 2003 after getting into several fights with inmates; and 2) Mayo is only 15-20 miles from Taylor C.I., the camp where Frank had so many problems with staff as a result of who his victim was.
Immediately upon arriving at Mayo, Frank began frantically trying to call me, yet strangely his calls to me could not go through because of a “problem” with the phone system. Fortunately, Frank was able to call my mother and give her a message for me to alert the Inspector General’s office ASAP!
I promptly placed the call at around 3 or 4PM MST. I knew it was a probably too late for someone to be in the office, so I was surprised when the phone was answered, and astonished when I heard, “Inspector General’s Office, Paul Decker.” I immediately knew who I was speaking with and I stammered, “Mr. Decker, I didn’t expect to actually reach THE Inspector General.” I was a little flustered at first because inside I was rejoicing at the incredible stroke of luck that was occurring. I related to Mr. Decker that Frank felt his life was in danger and needed to speak with an inspector immediately. Mr. Decker explained that Frank should ask to be placed in protective custody if he felt he was in danger. I replied that it is the correctional staff who Frank is in fear of, and I asked that he look into it. Mr. Decker then asked me for Frank’s name and DC number. I provided this, and thanked him sincerely for his help.
As a result of this call, the next day, April 9th, Frank was called to classification at 3:30PM, and was taken in front of the Captain. He informed the Captain that he felt he was in imminent danger at Mayo, to which the Captain responded that he was not going to allow Frank to request protection from staff. Frank was sent back to the dorm for count. Half an hour later, several officers came to Frank’s cell and ordered him to pack his property. He was once again taken in front of the Captain, and told that he was being placed in administrative confinement pending investigation.
On the morning of April 11th, Frank was taken out of his cell and interviewed by a deputy inspector sent by Inspector General Decker. It was during this conversation that Frank learned the extent of his problems. The inspector informed him that at least three of his victim’s immediate family members are employed by the FLDOC: mother, Sgt. Gail Stout, Hamilton C.I.; brother. Sgt. Tommie Stout, NFRC; brother, Lt. Gordon Stout, Lowell C.I.
The inspector informed Frank that he was transferred from Marion because Lt. Stout had begun working at Lowell C.I., which is across the road from Marion C.I., and had contacted classification about this. The inspector who interviewed Frank expressed astonishment that he had been transferred to Region II, in which Mayo is located, and assured Frank that he would soon be transferred.
On April 18th, Frank was transferred back to CFRC and from there, to Hardee C.I., where he is currently housed.
Frank hoped that once he saw classification at Hardee that his custody would be restored to its earlier level so he could resume his pursuit of becoming a licensed wastewater operator before his release. This was too much to expect, as classification personnel at Hardee insisted that he was properly rated, and will be relegated to close custody with an HO5 housing level until his release. This contradicted what I was told when I spoke with an official at Inmate Classification in Tallahassee, who told me that Frank’s record indicated his housing custody level is HO4, dropped from HO5 AFTER his arrival at Hardee. However, since my conversation with the official on July 8th, we learned that he has again been raised to HO5. While there is no legitimate reason for this adverse action to be taken, the ugly truth is that it was taken after Frank filed a grievance over the way his custody is so clearly being used as a tool of retaliation.
Since his transfer to NFRC on April 8th, Frank has lived with the expectation that at any moment he could be set up, lied on, or otherwise retaliated against because of who his victim was. The sharp increase in his custody level, and the transfers that resulted from it, appear designed to have him shipped to a camp where staff can harm him or easily have other inmates do their dirty work. In order to increase the chance that harm will befall him, it stands to reason that the “best” place to send an inmate is to a high security institution filled with people serving life sentences. Criminals who have nothing to lose by harming another inmate, but instead stand to reap benefits from corrupt corrections officials. In fact, Frank is currently housed in just such a prison, in the most secure dormitory on the compound, with inmates who have been on death row, and who have murdered other inmates in prison. Four months ago, and for several years prior, he lived in an open bay dormitory among low custody inmates with little time left on their sentences. This is in stark contrast to the two-man, 6’x9’ cell he lives in now, among inmates that FLDOC deem the most dangerous allowed in open population.
Worried over the likelihood of future retaliation from malevolent officers with connections to his victim’s family, and under the advice of a paralegal that I contacted about his situation, Frank initiated an Interstate Compact transfer request. FLDOC officials initially agreed that an interstate compact transfer would be in everyone’s best interest, but they have since taken a much harder line, going so far as to deny a problem now even exists.
It saddens me that Inspector General Paul Decker, a man whom I respect, believes that Frank’s troubles have been mitigated because his records are marked “Special Review” and he’s been moved to Region IV where none of his victim’s family works. I want to believe this is naiveté on his part, but it seems that officials actually want harm to befall Frank.
Frank still tries to study when he can, though the events of the past several months have greatly affected his ability to concentrate. He wants to take another calculus course, but abandoned that ambition after he encountered intense opposition from Hardee prison staff who refused to give permission for him to use a calculator in the dorm.
Unbelievably, inmates in many of Florida’s prisons are unable to have calculators with them in their dorms, because the FLDOC reasons that possession of a calculator constitutes a “security threat.” The only “threat” is to FLDOC employees’ job security, as a mountain of studies prove that education reduces recidivism. For example, a study by the Bard Prison Initiative entitled “Education as Crime Prevention…”, concludes that, “Prison-based education is the single most effective tool for lowering recidivism.”
(This report can be found at: http://www.bard.edu/bpi/pdfs/crime_report.pdf). A GOOGLE query with the words, “education recidivism Florida prison” provides ample results to support this conclusion.
It is logical to assume that someone as highly motivated and determined as Frank would be encouraged and supported by FLDOC to accomplish his goals. The Agency’s own mission statement says that it will, as appropriate, assist offenders’ reentry into society. The only assistance Frank has asked for is cooperation to facilitate his studies. He has not asked the FLDOC to subsidize his college education, in fact, most of Frank’s educational accomplishments have not been achieved using state funds.
It is one thing for the FLDOC to say it doesn’t have the funds to offer programs to inmates, but quite another to stand in the way of inmates who have friends and family willing to pay for their education. By necessity, there must be a partnership between Frank and the FLDOC, instead they have abdicated their responsibility and intentionally erected insurmountable barriers as retaliation and revenge. Based upon my understanding of the situation, I believe that Frank’s education is being disrupted as a result of his victim’s family’s involvement, which classification is clumsily trying to conceal.
My reason for writing this letter is to illuminate the underhanded (illegal?) tactics the Florida Department of Corrections has used to single-out Frank for retaliation, and to describe the struggle he has faced trying to pursue a higher education. The fact is that Frank committed a crime, and is being punished with the loss of his freedom. The rule of law is a basic tenet of our society, and leaves no room for vigilante justice, either in or out of prison. This principle is codified in the Code of Conduct and Oath of Allegiance that every officer swears who works in the Florida Department of Corrections. Frank Councell takes responsibility for his actions, and is not asking for special treatment, but only that he receive equal and just treatment so that he may prepare himself to once more become a member of society.
Frank and I would appreciate your comments, as well as any help that you may offer. Our contact details are below. Thank you for your interest.
Sincerely,
L. Scott Phillips
lscott.phillips@yahooo.com
Sigh... Every guard who doesn't do the job according to the book endangers you. Every administrator who won't make them do their jobs professionally steals your future safety. Can you see how important this situation is? If Frank Councell and all the prisoners like him are not allowed to rehabilitate themselves, you, my dear readers, or someone you love will eventually suffer. So, where do we go when the guards are exacting their own revenge, the staff ignores it, and the secretary of the department won't step in? Please, if you have any ideas, any contacts who might care, email either Mr. Phillips or me, Kay Lee at kaylee1@charter.net