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THE MESSAGES WE SEND

It is revenge, not justice, they say is best served cold, but the messages Florida's justice system keeps sending are absolutely chilling.

Most of you remember the death row prisoner who was viciously beaten and murdered by prison workers at Florida State Prison in 1999.  Frank Valdes' widow worked long and valiantly to keep his case in the public eye until four of the workers were finally put on trial in 2001. They were shortly pronounced not guilty ostensibly because no one could prove which of the 8 who beat on the inmate actually dealt him the killing blow. The second half of the Valdes murder team never so much as stood in a courtroom.

Everyone agreed it was a very poor excuse for justice, so Ms. Valdes continued pushing a civil suit, which the FDOC very recently settled, finally admitting some degree of guilt by paying the dead inmate's family a relatively minor fee. Still not one of the offending officers ever owned their part in that brutal crime, and when they went free, an officer expressed many worker's thoughts when he wrote, "EeeHah, Let the blood flow!" 

Another equally disgusting message has recently been sent by the outcome of another Florida excuse for justice where the bad guys temporarily win again. Like the increase in violence and threats of violence after the Valdes fiasco, I won't be surprised to see an increase in harassment by male officers on females in the department.  After all, the message was loud and clear.

In the following statement, one of the female officers whose sexual harassment lawsuit turned out a lot like the Valdes trial, explains the outcome and what she plans to do about it. Thank goodness some people don't quit easily or there'd be no justice at all in Florida!

Kay Lee
kaylee1@charter.net

THE TRUTH ABOUT MY TRIAL By Karen Jones

Dear KayLee:  I am writing to you so that you can possibly get everyone to understand just what went wrong with my lawsuit and trial. 

First:  This is the FIRST [sexual harassment of female officer by male prison workers] lawsuit that has actually made it to the Courts.  Especially the Federal Courts.  So, that in itself is a victory.  Now I will take it from here.

The trial was scheduled for three weeks.  It ended in two.  Reason is because Judge Adams made it CLEAR that he was NOT going to tie up a jury for three weeks over this "situation."  Honestly, both sides, the state and the plaintiffs, needed three weeks of testimony to fairly prove this claim of Sexual Harassment, Retaliation, and Hostile Work Environment.  Witnesses that needed to testify could not due to time [constraints].  I blame the judge for this and I believe that on appeal this will make a huge difference.

Testimony about the past history of the accused was "side benched" before it could be brought out to the jury.  In other words, the magistrate judges ruled that we COULD use DOC discipline and other employment issues, but Judge Adams had to hear the argument BEFORE any questioning could occur.  In every case he sustained the objection.  Clearly, this helped the state make their side look as if these men and women had great work histories and no discipline.  Again, I blame Judge Adams for this and I believe that on appeal again this will make a huge difference. 

I did NOT object to any of my past history being dragged into the court room.  Problem was that several of my co-plaintiffs had some very damning pasts which involved their work ethics and history.  One plaintiff in particular tainted our case to the point of complete disaster.  In other words, she made all of us look very bad.  For YEARS, me and ex-Lieutenant Felicia Suelter BEGGED our counsel to sever with this other plaintiff.  To no avail.  

I went "attorney shopping" but was told that too much money, time and attorney ethics would prevent me from obtaining other counsel.  In other words, another attorney would not touch this case because it was already way to expensive and too long in the making.  

Towards the last several months before trial, a huge argument between me and my law firm occurred.  I should have fired them and held this case up until counsel and client could either sever or agree on certain issues with my case.  I blame MYSELF for not firing my attorneys.  But, with this said, I stand behind all the women who were in court with me because I KNOW we were all sexually harassed, etc., and regardless of anything else I admire all of us who stood up to be heard.

The jury was all white.  Four men and four women.  Most were from St. Augustine, Ponte Vedra Beach, and the Greater Jacksonville area.  We had a total "white collar" jury.  Everyone had a bachelors degree on up to one with a PhD. The average income for these jurors was over $80,000.00 a year.  One was a manager for the power company, in Jacksonville, another a Physical Therapist, a teacher, an IRS agent, a financial consultant.  All MANAGEMENT!  I knew right from the beginning that it was a total disaster.  

One of my personal picks was a 19 year old.  He was a student studying journalism, came from a blue collar family and was perfect to hear this case. How in the hell can you convince "people" who are in management that management is wrong?  Their whole jobs revolved around protecting their company and its management.  Duh!!!

I DO have a state case pending.  I have discussed this avenue with NEW COUNSEL who is very interested in taking it on to State Court.  But, this will be heard in Bradford County.  Right where the Valdes case was lost and Prison Country runs the surrounding counties.  

Could it be possible for me to win in State Court?  I believe the answer is yes.  Reason:  Right now, this area is divided between Crosby and the love- hate relationship with DOC. Believe it or not, some of these people in this area are very angry with DOC and have been hurt, very badly, by the prison system.  The feedback I get is mixed, but mostly positive for a win in state court.  

Furthermore, these good ole boys who have these deep dark secrets, will be really upset to have this heard in their home town.  I mean, what would the wife think?  

Lastly, this is not an inmate against officer situation.  It is officer vs officer.  Many, many females are sick and tired of being harassed and bullied by the "boys."

What am I going to do?  Well, I am not giving up.  First, it is going to be appealed to the appellate court in Atlanta.  Next, comes the Supreme Court.  My current counsel will have to handle this.  I have made the decision to hire this new counsel and take it to State Court.  Because this case has already been heard at the Federal level, does NOT mean that it cannot be heard in the Florida Courts. 

Therefore, me and another plaintiff are going to take this to the Bradford County Court House.  It is my intention to MAKE DOC continue to hear and deal with this "situation."  The biggest difference is that we will NOT put management and their "broken system" on trial. We WILL put the workers on trial and make them the target of the suit. I will also bring Crosby in and leave other top management out.  Furthermore, McDonough will be made a part of this because he has fired many for sexual harassment that I was made to endure during Crosby's [tenure]. 

In closing.  We have NOT heard the last of Karen Jones.  I am not known for giving up and losing five years of my life to hear a snob jury all made up of management tell me that I was not assaulted, harassed, and retaliated against by this agency.  PERIOD!!!!! 

You have my permission to place this on your web site.  Thank You for your continued support and encouragement.  With All My Love, Karen A. Jones

QUESTION:

To: kaylee1@charter.net
Sent: Tuesday, March 27, 2007 10:31 PM
Subject: Help Please
I found some information on your website about Lt. Felicia R. Suelter of Lawtey and Corrections Officer Karen A. Jones of Starke, who filed suit against DC for sexual harassment. I work for DJJ in Florida, and I am finishing my master's degree. I was researching their case (as well as other's) for an assignment. However, I cannot find any information about the results of the lawsuit. I searched Florida case law, etc. and nothing can be found. Can you tell me what happened? Or point me in the right direction? I would appreciate your help ASAP.

ANSWER:

The Sexual Harassment lawsuit that Karen Jones et al filed went to court last week.  It was not a win for the good guys.  Which is strange considering that not too long ago, other female employees, nurses, won a settlement for their sexual harassment lawsuit:

Prison nurses who sued get $1-million
http://www.sptimes.com/2007/01/31/State/Prison_nurses_who_sue.shtml
 
This is a very critical subject because it really is happening a lot and now that the bads guys won, sexual harassment will probably be worse. It's the same as how guard violence rose after the Valdes killer guards went scott free. 
 
I can give your contact info to Karen Jones if you want to see if she will help with your research. I also have other ex or current employees who have also been sexually harassed by the men at the FDOC. And maybe a male employee or two that knows it happens.   Let me know.
Kay Lee
 
LINKS
 
Here are links to recent stories.  Links are followed by statement from Karen Jones, who is a hero several times over in my book.
 
DOC Goes to Mediation in Sexual Harassment Case
http://www.firstcoastnews.com/news/news-article.aspx?storyid=76061
 
Jury Ready to Deliberate in Sexual Harassment Case
http://www.Gainesville.com/apps/pbcs.dll/article?AID=200770323021
 
DOC Sexual Harassment Trial goes to Jury
http://www.Gainesville.com/apps/pbcs.dll/article?AID=2007703240332
 
DOC wins Sexual Harassment Lawsuit
http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=78650
 
Jury Sides with DOC
http://www.gainesvi lle.com/apps/ pbcs.dll/ article?AID= /20070326/ MISC/70326031
 
ARTICLE

5 ex-corrections officers lose harassment suit

 

(AP) -- Five women did not prove their allegations that they were sexually harassed by male supervisors when they worked for the state Corrections Department, a federal jury determined.

After a two-week trial, the jury deliberated over eight hours Friday and Monday before ruling against the women.

During the trial, attorneys for the women argued that male supervisors made sexually offensive comments and otherwise harassed the women while they worked at the Baker, Lawtey and Union prisons, Reception and Medical Center in Lake Butler and the Memorial Hospital prison unit in Jacksonville.

Lawyers for the department said the women waited months after the alleged harassment to file complaints, making it impossible for the department to fix the problems.

Jeffrey Allen Cramer, an attorney who represented the department, told The Gainesville Sun that the verdict validates the department's handling of the women's harassment claims.

Attorney Neil Henrichsen, who represented the women, said he was disappointed by the verdict and said his clients would be talking about a possible appeal.

The lawsuit was filed in 2004 by Irene S. Johnson of Jacksonville, Karen A. Jones of Starke, Patricia Sprow of Lawtey, Felicia Suelter of Lawtey and Theresa K. Wilds of Glen St. Mary.

NOTE FROM KAREN JONES, C/O involved in Sexual Harassment Lawsuit:
 
"Well, by now, everyone knows that we lost our case against the FLDOC for Sexual Harassment.  But, with this said, I would like to take a few minutes and explain some very important issues that were NOT allowed to be given into evidence in this trial.

1.  Ex-Major Terry Leapheart was demoted to a Captain for having an affair with a subordinate employee while he was Colonel at Martin C.I., which resulted in this female being promoted to a Lieutenant because he gave her all the questions/answers.  Also, he was demoted and disiplined for having inmates do illegal legal work for him.  There are various other illegal situations that this "man" was involved in that were not allowed into evidence in this case.

2.  Lieutenant Randy Thompson, now a Captain at Columbia C.I., was strongly disiplined for inmate abuse.  He was suspended and demoted for beating inmates.  This man STILL has a notorious reputation for beating and abusing inmates and staff.  He also has several incidient reports and official complaints, for sexual harassment, by other females, but no investigation ever took place.

3.  Colonel Daniel Brown, Colonel, Columbia C.I., again has numerous complaints about his sexual harassment problems, within DOC.  He has been disiplined and yet at RMC he went from a Lieutenant to a COLONEL!  He also has numerous "unfounded" reports of inmate abuse that have goon uninvestigated. 

4.  Warden David Ellis, Santa Rosa, C.I.  This man was IMPEACHED, on the stand during our trial.  Yet, even with proving that he lied in a big way, he continues to run one of the largest intitutions in Region I and it has many problems of inmate abuse and sexual harassment.  Since, Mr. Ellis has left Baker C.I. as the Colonel, complaints from Staff and Inmates have doubled.  He is a ring leader in the Raiford Mafia and a huge supporter of Crosby. 

5.  Ex-Warden Patricia Mekesker, Warden, Baker C.I.  She was scared to death.  This female warden, was so scared of Crosby that she really did not have any other alternative but to lie.  But, how she lied, was "I can't recall."  Now, this warden was the FIRST official management that I reported to.  Her exact words to me were, "we don't want Mr. Crosby to find out about this."  "Where do you want to be moved to?"  and "This is all a bunch of juvenile behavior on the Sergeants part."  This ex-wardern took a huge hit on the stand.  She had to be disiplined, by the Federal Judge.  She clearly was frustrated and did her best to stand by DOC even though she was forced to lie.  Her husband "Dave" has been rewarded by being made the assistant Warden at Lawtey C.I. 

6.  Bradley Carter, ex- Region II Director. It was NOT allowed into testimony that he was fired for his connections and involvement with Crosby.  He was fired by Secretary McDonough for these reasons among others.  Carter is now the Head Jail Administrator for the Bradford County Sheriffs Dept.  Therefore, his crediablity was not an issue to share with the jury. 

7.  Sergeant Richard File, Lawtey C.I.  A real piece of work.  This man has been on probation for YEARS, for domestic violence and Cocaine possession.  He beat his wife, with a hammer and pulled a firearm on his two daughters.  He is NUTS!  He has an extensive criminal background, that the Department thas hidden and helped him from losing his job. 

8. Doug Watson, Warden, Lawtey C.I.  On the surface, he seems like a good guy.  However, he is a huge Crosby supporter, and has streamed his way to the top via family and loyal support to his bosses, no matter how dirty they may be. 

9.  Ex Lieutenant Charles Morr, Deceased.  Notorious record for Sexual Harassment at Okachoobee C.I.  This man was also know to hate blacks and to discriminate against women because he felt like we should not be doing his work.  Furthermore, he was stongly disiplined, and terminted for making racial remarks to staff. 

10.  Lieutenat Charmaine Padgett, Lawtey C.I.  Actually a good lieutenant.  Only problem is... She endorces an "old fashion" way of covering up for management.  She admited this in court, but did not help us out much. 

11. Melonie Flores, Warden, Baker, C.I.  A Career "BARTON" who is a very well known family within FLDOC.  She would lie about anything because of her devotion to DOC, which has served her family for over 50 years. Look for her to be the first female secretary.  A known favorite of the Raiford Mafia, but has a very good way of dealing with staff that is "a problem" by sugar coating it and validating DOC's actions.  She, in my opinion, is a good person, but a terrible, mean, hateful lier, who sold herself out during this trial.  Therefore, I have no real use for her.  She was allowed to be the DOC spokesperson for the entire trial.  She did an excellent job "coaching" her staff.  It was too perfect and many, many times, the witness would look at Flores for the answer.  They had a system down on how to answer.  It was textbook.

12. James V. Crosby, Jr, Ex-Secretary of FLDOC.  Took the fifth due to his pending Criminal Convictions.  We had excellent testitmony, from him, but again, it was ruled that we could not use it. 

These are just a few examples of what we were up against.  NO, the FDOC did not "win."  Yes. They got away with it AGAIN.  DOC is just too powerful and large to beat in the way we tried to.  During the trial, Darla Lathrem was mentioned.  The Defense had a fit, and ended all testimony concerning safety, for officers, male and female, inside an institution.  Valdes was also mentioned, but again, it was stopped, immediately. 

This verdict is going to appeal.  More than likely a class action is going to occur.  I have not confirmend any of this through counsel, but it has been discussed.  So, in closing, the jury had what it did to work with. It was just not strong enough, on our side, for four correctional officers, and one lieutenant to beat management. 
 
But, Everyone must remember.  NOBODY has gotten this far with a Sexual Harassment Suit against DOC before.  NOBODY.  We dragged them through the mud, put a lot of nasty business in the street and made them all show up for Federal Court.  It is my opinion that DOC won due to evidence that was not allowed in court against the defence due to various legal reasons. 
 
I will continue to fight for the rights of employees and staff.  I no longer work for the State and I am going to be active in the reform of this prison system.  I hope to get involved, with other lawsuits, for various causes.  Also, I am going to get the truth about these Wardens, Colonels, etc. out because I believe it is very important that the public, stae employees and inmates understand what these "people" are allowed to get away with at the expence of all of us. 

Thanks for your time and I am alright.  I quit my job - again.  I am not going to subject myself to anything right now.  After a five year war, I need a year or so off.  I can afford this, so this is what I am going to do. 

Love Ya, Karen A. Jones

LAWTEY