ABUSE OF POWER - ABUSE OF RULES
RE: Maximum Management
By the Death Row Poet
Ronald
Clark Jr.
July 15, 2003
Dear Kay Lee, Let me fill you in on the events of the past couple of months.
In May of this year, the attorney I was going to fire, John Jackson, quit working for CCRC northern Region because Governor Jeb Bush was eliminating all funding for the North Region, to end June 30, 2003.
In the middle of May 2003, a lawyer named Harry Brody, who was working at CCRC, took over my case. We had some lengthy conversations, as well as a nice visit; and we established trust, which I have not had with any of my other lawyers. I felt Mr. Brody was not just an honest attorney, but that he would do what was in my best interest. Therefore, I told him, "I'll give you a year to work my case."
On June 16, Mr. Brody, who is on the Registry Attorney List for the State of Florida, filed a motion to be appointed my counsel.
On June 24, we had a hearing.
On July 1, Judge David C. Wiggins appointed to my case a Mr. Dale Westling Sr. and denied Mr. Brody as my counsel.
Judge Wiggins has been on my case for 13 1/2 years and he is supposed to be arbitrator between the defense and the D.A. My sources have informed me that Mr. Westling has messed up 3.850 motions and that he is not a lawyer to be trusted. So this court assigns me another incompetent attorney to fight for my life! This is a system that is supposed to be built around equal justice, but this court, by denying me Mr. Brody, has clearly showed that equal justice is nothing but a facade in this country.
I have a four page speech that I'm going to give in court during my next hearing. If you would like to place it on the net, I will send it to you.
Also, I have another favor. There is abuse of power taking place at Florida State Prison. I've written about it. It is one of the reasons I've dropped my appeals; because I refuse to exist under these conditions. If you can add that to your website, please include the Attorney General's email, as well as Secretary of the FDOC, and have people email them about the abuse. Although I'm not there right now, there are others that are suffering in conditions that are most certainly Cruel and Unusual.
Anyone visiting the MTWT website, if they would like to leave me an email, this is the address to use: thedeathrowpoet@sbcglobal.net Any emails sent there will make it to me.
I need to bring this to a close. I've got a few things to work on: I'm trying to retrieve Mr. Brody and I will refuse to accept Mr. Westling as my counsel.
Sincerely,
Ronnie
The Death Row Poet
July 2003
| * Clark , Ronald | 812974 | 9010067 | Dale Westling, Sr. | Registry | CC, 3.850 filed 11/16/94, Amended 1/11/95, Motion denied in part 6/18/96, Public records requests pending, SC held 2/25/03 |
NOTICE
ABUSE OF POWER
Submitted by Ronald W. Clark, Jr.
This notice is to bring to your attention the fact that the Administration and Institutional Classification Team (ICT) at Florida State Prison (FSP) are intentionally and maliciously abusing and misusing their authority as well as using Chapter 33-601.820 Maximum Management (M/M) Florida Administrative Codes (FAC) in a punitive and vindictive manner unbecoming to the dignity and honor of their profession.
Chapter 33-601.820 M/M FAC was designed by former Secretary of the Florida Department of Correction Michael Moore after the July 17, 1999 beating and murder of Death Row inmate Frank Valdez by nine correctional officers. At that time Michael Moore changed the name of the wing from X-Wing to Q-Wing and added Chapter 33-601.820 M/M FAC to take the heat and bad publicity off of X-Wing, FSP and the murder of Frank Valdez.
M/M was later slyly adjusted to side step the negotiations and provisions of Close Management (CM) under the Osterback Settlement. This notice intends to address the undisguised and brazen manipulation of the rules to further the punitive and vindictive aspirations of the ICT and Administration at FSP. Specifically the rule states in Section (1.) General M/M is a temporary status for an inmate who through a recent incident or a series of recent incidents has been identified as being an extreme security risk to the department and requires an immediate level of control beyond that available in CM or Death Row. Section 4(a) 1-10 states during initial placement of an inmate into M/M, Section 4(a) #5 out of doors recreation limited to once every 30 days. 4(a) 1-10 does not however allow a washcloth, shampoo or deodorant – the simplest every day hygiene items. Nor is there anything to occupy the human mind – no books, magazines or newspapers. The conditions of initial placement in M/M are worse than that of Disciplinary Confinement.
Records of the following inmates will reveal that M/M is not being used as a temporary status and will also reveal that the inmates are being left under initial placement not for days or weeks but months and even years.
Q-Wing records will verify this is not an accusation, but fact, that KONSTANTINO FOTOPOULOS # 616550 is being housed on Q-Wing under Chapter 33-610.820 M/M not for days, weeks, or months, but for two years (D.R.) disciplinary report free; two years on a temporary status under initial placement. Clear abuse of authority by a corrupt administration.
(This information was current as of 7/20/03)
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JOHN BARRY # 210235, housed on Q-Wing under Maximum Management, initial placement since it began almost 4 years ago!
(This information was current as of 7/20/03)
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LEONARDO FRANQUI # 445903, listed under M/M since March 2002, yet D.O.C. Records will show "out to court" since October 2002, over 8 months and counting, and yet he is still listed on M/M, a so-called temporary status!
(This information was current as of 7/20/03)
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Prisoner
RICHARDO GILL,
D.O.C. # 105559, under the same "initial Placement" in M/M for two years (since
July 2001)
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Prisoner STEVEN R. WHITSETT, D.O.C. # 985701, placed in M/M since May 2003 for an escape from a civil facility that had nothing to do with the FDOC and occurred three years prior also in initial status.
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Prisoner JAY SIGLER, D.O.C. # 420197, placed in M/M on November 7, 2002.
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Prisoner CHRISTOPHER McHELSON, D.O.C. # 400607, placed in M/M on November 7/2002.
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Myself, RONALD W. CLARK JR. # 812974, placed on M/M on November 7, 2002. D.O.C. Records will show "out to court" since February 2003, status still listed under M/M - again, supposedly a temporary status.
(This information was current as of 7/20/03)
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It is clear that Chapter 33-601.820 F.A.C. is being gravely misused as a form of punishment by the administration at Florida State Prison. Section (4)(c) states that the conditions set forth in (a) and (b) above shall be reviewed at least weekly by the I.C.T. and when the I.C.T. determines the inmate has sufficiently demonstrated positive adjustment, consideration shall be given to adjusting the inmate's condition to the extent authorized for Close Management Inmates, Section (5) Maximum Management Conditions after initial placement. Both of those sections were placed in the rules by former Secretary Michael Moore to be able to get Chapter 33-601.820 M/M passed in the F.A.C.
Nowhere in the rules of 33-601.820 will you find where there are mandatory conditions of release and that is how the I.C.T. and the administration at F.S.P. are able to abuse this rule and their authority over it and use Chapter 33-601.820 as a form of punishment.
Where the crucial terms of "temporary" and "recent" remain undefined, M/M is intentionally and capriciously applied for indefinite periods, housing inmates in conditions far worse than those in D.C. status in violation of the constitution, and even basic human decency.
The conditions of M/M are worse than Disciplinary Confinement. Under M/M, inmates are not allowed deodorant, shampoo, books, magazines or newspapers. There is nothing to occupy the human mind - and again, this is not done for days, weeks, or months, but for years at a time.
These conditions are so bad that I would rather die than be kept under conditions that are most certainly cruel and unusual punishment at it's best. M/M may very well cause my death. It is a shame that it will take my death to open the eyes of the Attorney General, the Secretary of the F.D.O.C. and the Florida Legislature before a change is made.
Ronald W. Clark Jr.
2003007381
D.C.F.
500 East Adam's Street
Jacksonville, Florida 32202
EMAIL ADDRESSES FOR:
Florida Governor Jeb Bush
jeb@jeb.org, Mr. James Crosby, Secretary of the Florida Department of Corrections; crosby.james@mail.dc.state.fl.us, Mr. Charlie Crist, Attorney General; and the Florida Legislature
RONALD WAYNE CLARK JR.
Welcome To My World.
ABUSE OF POWER - ABUSE OF RULES
