Our Dear Friend Mike Lambrix left us on October 5, 2017
He went from the Darkness to the Light..

Showing posts with label death row. Show all posts
Showing posts with label death row. Show all posts

Monday, January 13, 2014

Has it really been that long?



As I sit here writing this, today marks the day exactly 25 years ago when the state of Florida did all they could to kill me. It was on this day that I awoke in that solitary cell only a few steps away from that cold gray solid steel door that led into the execution chamber where Florida’s infamous electric chair awaited. Has it really been that long ago? It doesn’t seem that so many years have already passed. As I’ve always heard it, time passes quickly when you’re having fun, but I damned sure haven’t had a lot of fun over these many years.

When I look around me, not much has really changed. I still awake each day in a solitary cell not all that different from the one in which I waited to die, and I’m still awaiting the uncertainty of my faith, knowing only too well that on any day now the governor could get a wild hair up his spineless ass and sign a new death warrant on me and so many others, especially since our names are on the recently submitted “death warrant eligible” list.


But perhaps the one thing that has changed is that I don’t really care whether they do or not. Somewhere along this never ending journey that I’ve been on, any “fear” of them coming to kill me has long ago faded away. As the years passed, I’ve even awoken more than too many days all but praying to whatever God it was that long ago abandoned me and the countless other lost souls warehoused around me, and “prayed” that the nightmare would end, even if that meant ending it by my death.

You have to love that paradox – them that so zealously imposed death upon me, all but foaming at their mouths like rabid dogs, truly believed that I was supposed to be somehow afraid to die, maybe even drop down to my knees and beg for mercy knowing all too well that them, consumed by vengeance  are incapable of mercy. But in all thee years, not even once have I ever begged, and f they came to take me away tomorrow, I know I still wouldn’t beg and that the joke would be on them as I have long ago came to accept that if I cannot win my physical freedom through the politically corrupted courts (see www.southerninjustice.net ), then spiritual freedom from this hell that only man could create through physical death, would still be freedom.

Today I take a few minutes to look back on that long day and endless night when at 28 years old, I confronted my fate (you can read about my brush with death in my essays “The Day God Died” and also "Facing my own Execution" ) and thought was lucky to survive, only to learn that there truly are fates far worse than physical death – and that the quarter of a century that would follow that date with death would teach me only too well that had I known what I know today – that I would slowly rot away one day at a time and grow old and gray in a cold crypt of steel and stone, separated from and inevitably abandoned by all who once cared for me, I know without any doubt or a momentarily reservation that I would had made those cold blooded bastards kill me that day and spared myself the next 25 years.

But then again, even if I say those words, there’s that bigger part of me that, despite the circumstances, remains forever hopeful that the day will come when the corrupt courts will finally do the right thing and rule in my favor and after the long 30 years, I will find myself back out there in the real world, and allowed to live what’s left of my life as a free man.

Who knows what tomorrow might bring? But it’s the hope and dreams that keep all of us going. Sure, objectively speaking, anyone would agree that my life sucks. But no matter how bad it might get, there are countless others that are far worse. Although the negativity of my situation does drag me down at times, especially when I’m foolish enough to contemplate the circumstances. I also must remind myself that I am far more blessed than most of them I live among. Too many here in my world truly have been completely abandoned by all and as the years pass they retreat further and further into that dark shadow of their own minds, until one day all that remains is the flesh, as the mind and soul have slowly eroded away.

So, as I “celebrate” my 25th anniversary of a continued life despite their never-ending attempts to end it, I realize that I do have a measure of freedom far greater than that many in the real world out there don’t have – I am free to choose how I want to deal with my fate. No matter what evil the cold blooded society might inflict on me, I alone am the gatekeeper, deciding for myself whether I will allow this solitary journey to eat away at who I am until all that remains is anger and hopelessness – or I can choose to laugh in the face of death and embrace this unique growth experience as it comes. And today, in this moment I do laugh and if they come to kill me tomorrow, I will laugh again. And as long as I can still laugh in the face of death, I know that I alone remain the master of my own life and nothing they can do will break me, as if the past 25 years has taught me anything, it is the measure of strength within myself, and I am stronger than they can ever hope to be, knowing that what does not kill me can only make me stronger and that at the end of the day the only absolute reality is death and nobody gets out alive.

Michael Lambrix

Sunday, August 5, 2012

Mutually Insured Destruction


Last week I was transferred from Florida State Prison to the main death row unit at Union Correctional Institution. I am only too familiar with what is known as the North East unit at UCI as I have spent many years there before I was moved back to FSP in December 2009. But for all that was familiar, it was still as if I had stepped off into a strange and unfamiliar world as although structurally the unit remained the same, this place has substantially changed.

What surprised me the most was the pervasive thick fog of malice that now exists within this unit. I have been on death row now almost 30 years and never before had I seen this tangible presence of malice towards death row that now exists. But this is not merely a coincidence – as I quickly came to realize, those that run the prison deliberately created this environment, systematically transferring officers who had worked death row for years out and replacing them with handpicked guards consumed by their hatred towards prisoners, especially those on death row.

Even as difficult as it is to explain this destructive presence that now hangs over this unit, it’s that much harder to understand the why of it all. Don’t get me wrong – I do understand the concept of uncompromised hate as I’ve been on both sides of that fence only too many times. But I’ve been on death row too long to know that it makes no sense at all to hate us simply because we are condemned to death. Anyone even vaguely familiar with how our judicial system really works knows that the only real difference between those on death row and those now serving “life” in the prison general population (“gen–pop”) is not the native of their alleged crime, but the quality of legal representation that we were provided. Death row does not hold the “worst of the worst” as those convicted of far more heinous crimes routinely get “life” instead of death. So it doesn’t make any rational sense to hate us simply because we happen to be on death row instead of the gen-pop.

But projecting our hate upon others very rarely (if ever) is governed by such a novel concept as rationale. Those that project their hate and malice towards others are almost always so completely blinded by their own sense of self righteousness that they cannot objectively step back and see what it does to themselves.

Although some might argue that it probably took me longer then it should have, over the years I have grown up – or at least, I’d like to think that I have. It wasn’t so long ago that if confronted with the same circumstances, I lacked the self discipline to control that spontaneous burst of anger. If anything, I even embraced it.

When I left Florida State Prison, not including boxes of legal materials that seem to grow larger as the years pass, I had about 5 boxes of personal property, mostly just all sorts off stuff that accumulated through the years that meant nothing to anyone – but to me. Most of it was important to me, as it’s all I had that accounted for the life I’ve had the past 28 years – and the life that I didn’t have. There were photographs of my kids growing up through the years that I couldn’t be a part of their life, pictures of the few friends whose smiling faces gave strength and support and reminded me that no matter how alone I might feel at times I’m never really completely alone.

But now they are all gone. By the time my property was returned to me, all that remained, including my clothes, barely filled one box. A single sheet of pink paper told the story. This is known as an “inmate impounded personal property list” (FDOC form DC6-220) and the first item listed was “16 pounds misc. papers” that were marked with a “c” (contraband) No reason, no nothing. It was all just thrown into the trash as since I am a death row inmate, that’s all anything I might have had is – nothing but trash.

It is way beyond their comprehension to understand why what they did was wrong, why that they did inflict such pain upon me. In their eyes I am something far less than human. They threw away all that matters to me; they are so completely blinded by their malice towards those of us on the row that they lack the capacity to see what this does to us.

This is one of those truths that give me the strength and dignity to rise above the environment I’m forced to exist in. All that matters to me is now gone and getting angry won’t bring it back. Hate and anger only perpetuates the never ending cycle of more hate and anger. The only hope of breaking this vicious cycle is to find the strength to rise above it and make that conscious decision not to respond in anger as anything else can only result in our mutually insured destruction. For all that I lost; I can still gain by growing as the person I have chosen to become. By choosing to find the strength within myself to accept what I cannot change and hope that by choosing not to respond in anger, those responsible for the unnecessary pain they inflicted upon me, perhaps they will find that moment in time when their own suppressed sense of moral conscience will remind them that I am not the enemy and perhaps even find the strength to show empathy and compassion towards the next prisoner.

This is the simple truth that I have been stressed to learn – hate and malice may cause great pain upon those we inflict it upon, but ultimately they destroy only those consumed by their destructive power. Only by finding the strength to choose not to respond destructively will there be hope of breaking that never ending cycle. I find comfort and strength in the choice I made as I know it has made me a better man.

Michael Lambrix
Union Correctional Institution
Florida










Saturday, January 21, 2012

Another New Year

Another year has now passed and despite the relentless efforts of morally and ethically corrupt state employed parasites, I am still alive. To be honest, at this time last year things were not looking too good and I had good reason to think I might not even live to see this new year.

But such is the roller coaster ride we are on. Just when you think you are going over the cliff to your certain death, a sudden twist and turn, and you’re shooting for the moon again. This time last year both the state and federal courts had denied my long pending “actual innocence” appeals, refusing to even look at the virtual wealth of evidence that supported my claim of innocence. I really should not had been surprised as I already knew that even the United States Supreme Court has plainly declared that innocence is not an issue. (Herrera v. Collins, 1992). So, it was not a surprise when the Florida Supreme Court rejected review of my innocence claim in a one sentence footnote, saying that a freestanding claim of innocence cannot be considered.

In several subsequent appeals to the federal courts, they too summarily denied review. Incredibly, the arguments (written brief) before the US Supreme Court, the state of Florida even specifically argued that Florida is not obligated to recognize a “fundamental miscarriage of justice” (actual innocence) claim, as if it is cognizable at all, then it is exclusively a federal claim. That was a disturbing insight into the moral corruption of our state courts, when they arrogantly tell the US Supreme Court that Florida can put innocent people to death if they want to – and in evidently they will.

Confronted with that truth, it wasn’t looking good and once again I had to confront my seemingly inevitable fate of being deliberately put to death for a crime I did not commit. That even evidence substantiating my innocence would not be enough to save me from those who would only too gladly take my life.

Perhaps some higher power was as offended by the state’s arrogance as just when it seemed that my fate was surely sealed yet another unexpected twist gave me renewed hope of winning my freedom within the foreseeable future.

Specifically, under applicable law the prosecutor must fully disclose any and all evidence that might be favorable to the accused. The failure to do so violates an important federal constitutional right, and if it is found that the undisclosed evidence is sufficient enough to undermine confidence in the jury’s verdict, then the conviction must be thrown out and a new trial granted.

In my now pending new appeal before the Florida Supreme Court, we are arguing that the State deliberately violated the law. Much to my surprise the State’s own lawyer actually conceded that the prosecutor did deliberately conceal numerous file folders containing state crime lab records that show that they had actually found hair belonging to the state’s only “key witness” on the alleged murder weapon.

Given that the State’s lawyers never concede an issue, and aggressively fight tooth and nail to win by any means necessary, I was utterly speechless when I read the States concession – and not surprised that when the state lawyer was quickly removed from case shortly after. God forbid that a lawyer for the state should actually be honest!

So now the only real question for the Florida Supreme Court to decide is whether the failure to fully disclose these state crime lab records and DNA evidence might had affected the outcome. In my case the State has consistently conceded that the whole case rested upon the jury believing their one key witness, Frances Smith. So, the question now comes down to if the jury had known that the prosecutor deliberately concealed evidence showing that the only forensic evidence found on the alleged “murder weapon” was hair belonging to Smith, would this have caused the jury to question Smith’s credibility and possibly reject her testimony?

If the Florida Supreme Court finds that this undisclosed evidence would have assisted in discrediting this key witness, then they must throw out my conviction and grant a new trial – which would almost certainly prove impossible and result in my release – freedom.

A ruling should come within the next month or two. So, I begin the New Year with renewed hope that in the not too distant future, after close to 30 years, I will finally win and be free. All things considered that’s not a bad way to start the New Year. At least for the moment I have hope and in here hope is what keeps you going.

Monday, November 28, 2011

Love Wins – Even on Death Row

Recently a friend of mine sent me a very nice gift – a book by Rob Bell entitled “Love wins: a book about heaven, hell and the fate of every person who ever lived” (Thank you Jan!) Having known me for about 20 years, Jan knows that I enjoy books that are thought provoking. Especially if the subject matter is spiritual. In fact, I initially brought this particular book to his attention after reading a book review in the USA Today newspaper a few months back, but I couldn’t exactly run down to the local bookstore myself, so fortunately Jan knows that it is relatively easy to send books to death row prisoners as all he had to do was order it on Amazon.com and have it shipped directly to me.

This isn’t the first book I received from a friend as I am blessed to have several friends who sent me books recently. But I am writing about this particular book because of the message it provides, one that I have reached myself long ago – that our spiritual evolution is about embracing love, not condemning all of us to hell. Like many others I find the concept of being condemned to hell and subjected to eternal torture to be in conflict with what I believe God really is. If God truly loves even me, then why would he want to beat me over the head until I submit to what some self-righteous and self appointed representative of God tells me a true Christian is?

Many years ago I got to know one of the volunteers that regularly visit death row from churches. They come to save our soul, bless their hearts. Most of these men do so at their own expense and spend many hours each week going from cell to cell, reaching out to the condemned and showing a measure of compassion that reflects a true Christian spirit, and I enjoy the few moments I am able to share with them.

This one volunteer (“Carl”) told me something that has stayed with me since – at the time, I was facing a death warrant (formally scheduling execution) and upon learning of this, Carl came to my cell to see how I was holding up. I was alright, but we go to talk and he commented on how I was actually lucky to be facing then imminent execution, as most people do not really know when they will die and often die suddenly without any opportunity to get their heart right with God.

Anyone who really knows me knows that I’m never at a loss for words, but at that moment, I didn’t really know what to say. The implication was that those unfortunate enough to die without the opportunity to get their heart right with God would be condemned to hell for all eternity, no matter how good of a person they might have been, while at the same time a presumably “cold blooded killer” who by virtue of his condemnation and imminent execution would go straight to heaven because he had the chance to get his heart right with God.

Myself, I don’t buy that argument and it really makes no sense. But I’m not articulate enough to explain why this whole concept of condemning the righteous to eternal damnation while rewarding the worst of sinners with eternal heaven makes no sense and so I thoroughly enjoyed reading Rob Bell’s book “Love wins” as it explains beautifully what I have come to believe – that the whole concept of condemning anyone to hell for all of eternity is nothing but a fabrication by those “Christians” who want to use fear and intimidation to coerce others to believe only what they say the nature of God is.

Everybody has the fundamental right to believe what they want and for the most part, each if us find God in our own way. I prefer to believe in a God that embraces love, mercy and compassion towards all men, even the worst of sinners, as by believing God of that nature too I can hope that men will evolve to reflect that nature too. I’m certainly not perfect – but knowing that I’m not getting beaten over the head every time I do slip is comforting.

If in the end I am put to death for a crime I did not commit (please check with www.southerninjustice.com ) then it will be because of the imperfection of a judicial process corrupted by men. But for now, as I remain entombed in a man made hell few could begin to imagine, my real struggle is to rise above the anger and bitterness that tries to consume me. In reading books like “Love wins” it gives me that strength by reassuring me that in the end, it will be love – and not hate – that wins. That’s a concept I can embrace.


Mike Lambrix

Thursday, October 13, 2011

It’s been a while since I last posted but I’m not dead – yet. Then again, Maybe I am at as I can’t imagine hell being any worse then where I’ve been entombed (here on death row) the past 27 years. No matter as here I am throwing a few more words out into that great beyond you all call the real world. Like one of my favorite songs (“Dust in the wind”, by Kansas) says, that’s what my words are, just dust in the wind.

I’ve been silent for many months. Sometimes things just become so overwhelming that crawling up inside my shell is the only way to survive when the whole world around you is coming down. I don’t think anyone could fault me for needing to step back away from all that’s going on and at least for a while retreat within that sanctuary of ‘self’.

Besides, it’s not like a lot has been going on in my world. I’m still in this cage and the uncertainty of whether I might live or die remains like a wet blanket trying to suffocate what little hope might still exist. But I’m not interested in the whole “woe is me” self pity party as when it comes down to it, I’m certainly not the only person in the world who’s life pretty much sucks. There’s a lot of people suffering out there and no matter and no matter how hard it might get here in my cage, at the end of the day I still get three meals a day and a roof over my head. Many out there don’t even have that.

As I write this, last night the state of Georgia murdered Troy Davis despite worldwide protests calling for clemency. Once again a legitimate claim of innocence has been silenced by killing the victim of incomprehensible injustice. But you know what the real tragedy is? Of the millions of people around the world who signed petitions and were willing to lend their voice in the futile attempt to stop the execution of Troy Davis, the vast majority will now only too quickly move on with their lives and forget about it.

But what if instead of fading back into their lives, even a fraction of those people who stood up for Troy Davis would now be motivated to keep fighting the fight? What if each one of those people now felt motivated by the cause of this incomprehensible injustice and each of them talked to one other person, and got them to see the light, and then that other people talks to and motivates yet another, then another and then that fading voice grows stronger and stronger. Imagine instead of a million people around the world motivated by the single injustice inflicted upon Troy Davis, there were millions willing to commit to a continuous campaign protesting against the injustice that continues to be perpetuated against so many more. As each of these singular voices grow stronger with support of more and more, can they so easily be ignored?

Troy Davis is dead, the victim of a corrupt legal system that is only too willing to murder innocent people under the malicious pretense of administering “justice”. But his death does not have to be in vain and the true injustice would be to forget about him and what his execution meant. His death should be the rally cry for all of us to now stand together and force the world to recognize that Troy
Davis was only one of the too many innocent victims of a corrupt legal system.

If his death is to mean anything, it should be that we now know that the death penalty itself is what makes it possible to put innocent people to death. We all know that there are many who will argue that troy Davis was not innocent – as far as they care, nobody is ever innocent as our legal system is perfect. But no legal system is that perfect and innocent people will continue to be put to death. The only way to truly stop this madness is to stop the death penalty itself.
But we know that won’t happen. The vast majority of those stood up to support Troy Davis have already faded back into the shadows and moved on with their lives. The voice will become silent again, until perhaps another innocent person is facing execution. But riving up at that last moment won’t stop the machinery of death from methodically stalking its next innocent victim. If there’s any chance of winning the fight, we all must be willing to stand our ground and fight the fight. Troy Davis will quickly be forgotten if we all don’t stand our ground and let out voices be heard today, tomorrow and everyday until this intolerable injustice has been defeated.

I hope that some will be motivated to keep the fight going. Otherwise, many more innocent people will continue to be put to death. If the Troy Davis case proved anything, is that it’s not enough to rise up at the last moment and sign a petition as petitions are worthless. We must fight the fight.

Before I go, I also wanted to share a few recent articles written about the death penalty here in Florida. The first one was written by one of Florida’s most respected pro-death penalty judges, Judge O.H. Eaton, Jr (of Orange County Circuit Court, Orlando, Florida). Judge Eaton has sentenced numerous people to death since taking the bench – but is now calling out for the end of the death penalty in his article “Capital Punishment – A Failed Experiment”. What he says makes sense – but will anyone listen?

The next article was recently published in a Florida newspaper as an editorial addressing the indisputable disparity between who faces death and who does not. Again, in this article (Orlando Sentinel, September 7, 2011 by Mike Thomas) it points out why the death penalty is fundamentally unfair and calls for an end to Florida’s death penalty. Mike Thomas - When will state stop arbitrary death-penalty decisions?


For those who may have read this, I thank you for your time. Keep the faith,

Mike Lambrix

Friday, July 1, 2011

When Evil Tyrants Reign Supreme Court

Recently a friend sent me an article entitled “What’s killing inmates on Florida’s Death Row?” Apparently the political group PolitiFact Florida wanted to do a “fact” check on comments that Florida’s House of Representative Speaker Dean Cannon made to a group of reporters last month, in which he stated that “Florida judicial system has the authority to take away not only a person’s liberty, but also a person’s life. Understanding the severity and irreversibility of that penalty, we have a responsibility to ensure that justice is administered not only fairly, but also efficiently”

Speaker Cannon went on to complain “ The number of inmates since 2000 on death row dying of natural causes has now surpassed the number of inmates executed. Significant and unreasonable delays plague the current process of conducting state post conviction review in these cases and it appears that there is little that the Supreme Court can do to improve or streamline the process”

For those unfamiliar with Speaker Cannon, he is an uber-conservative pro-death penalty career politician who worked with the current Florida Supreme Court Chief Justice Charles Canady back when Florida elected Jeb Bush as governor. Together they wrote up what became known as the “Death Penalty Reform Act of 2000”, which the Florida legislature passed into law attempting to adopt the Texas death penalty appeal process limiting capital appeals as a means of expediting more executions.

What was especially troubling about this legislative action was that it took the deliberate position that Florida would accept the inevitable execution of the innocent as a necessary consequence of expediting the executions of the presumably guilty. This “Death Penalty Reform Act” would have prohibited any post conviction appeals based upon newly developed evidence of innocence, even when it is found that the state deliberately concealed this evidence, as has happened too many times.

In one of the very rare exhibitions of moral courage by the Florida Supreme Court, they declared the adoption of this “Death Penalty Reform Act” as unconstitutional. They explained that only the Florida Supreme Court is authorized to adopt rules governing the
Capital post conviction review process responsible for the appellate review of death row cases. But the Florida Supreme Court itself simultaneously adopted new rules that actually did substantially limit capital post conviction appeals.

But the insidious politics of death are never that simple. The ultra conservative pro-death politicians like speaker Dean Connor were not happy when the Florida Supreme Court dared to tell them they must abide by the constitution, so they abused their political power to change the Florida Supreme Court by putting their own hand picked justices on the court that would do what they told them to do.

It took a few years, but bruised political egos don’t heal quickly. They took their time to stock the deck. Now the stage is set as in the recent 2010 elections the conservative Republicans succeeded in winning a “super-majority” in both the Florida house of representative and the Florida Senate. Additionally, they put “Tea Party” Republican conservative Rick Scott in as Florida Governor. But that’s not all, in the past few years they stocked the deck in their favor on the Florida Supreme Court. Those of us who remember the “Death Penalty Reform Act” remember that it was Charles Canady who acted as then Governor Jeb Bush’s General Counsel in defending this draconian action before the FSC, its defeat was a personal defeat for Charles Canady, but in politics nothing ends that easily.

Where is Charles Canady now? As of June 2010, he is now the Chief Justice of the Florida Supreme Court, after being politically appointed to the Florida Supreme Court by Republican governor Charlie Crist. This is yet another example of how the politics of death deliberately corrupt the entire judicial process. But you won’t see Florida’s mainstream media talking about this. They sold their souls long ago and no longer have the balls to take on government corruption. Besides, more executions mean more controversy and controversy sells newspapers. Killing the possibly innocent is really good business for America’s mainstream media.

A few generations ago politicians like Dean Cannon would have stood in the town square wearing a white sheet, while advocating the lynching of blacks. But that’s no longer politically correct so the white sheet becomes a 3-piece suit – but the mentality is the same. This is the Deep South and some things never change.

Funny thing is that while they scream about the need to expedite executions, they never once recognize that Florida leads the nation in the number of wrongful convictions in capital cases – and that the leading cause of innocent people being condemned to death is prosecutional misconduct. But do we ever hear politicians talking about going after prosecutors who deliberately conceal or fabricate evidence, knowing they are sending an innocent man to death row? No, of course not.

Americans today have become consumed by hate and vengeance, even to the point where a large number of Americans believe that executing a few innocent people is perfectly acceptable as long as it means executing more guilty ones. That’s an easy position to tale when you’re on the outside looking in and not the one who is about to be executed for a crime you didn’t commit. I’m sure they’d feel completely different if it was them.

In the upcoming months we will again see Speaker Dean Cannon rally his pro death politicians to pass new laws attempting to adopt the draconian rules limiting death row appeals in Florida. They will attempt to do this with as little attention as possible and only once adopted will they jump up on their political soap boxes and tell the public what a wonderful job they have done.

This time it will almost certainly pass as now Speaker Cannon knows that they’ve stocked the Florida Supreme Court with their own politically appointed “brethren”. And chief Justice Charles Canady is already slobbering at the mouth in anticipation for finally winning the political fight he lost in 2000 – now he controls the court and they will do what he demands of them.

As these political manipulations unfold the one thing they will not talk about is how the evidence is growing that in Texas’ own rush to execute as many people as possible, numerous innocent people have been put to death for crimes they did not commit. Nobody – especially the mainstream media – will talk about how expediting executions by eliminating death row appeals will substantially increase the inevitable certainty that innocent people will be executed.

How many people must die before America grows a conscience and says enough is enough? Funny thing about evil tyrants is we don’t see them for who they really are until its too late. History will have to judge Speaker Dean Cannon

Tuesday, March 15, 2011

Hello From Death Row

Hello to my faithful friends and those who follow my blog. From time to time I just want all of you to know that it really means a lot to me to know that all of you keep me in your thoughts and send positive support my way. No matter how hard my seemingly never ending struggle for justice and freedom may seem at times, knowing that I'm not alone gives me strenght and support. I need to make it through another day - and then one day at a time after that.

Recently I've had to struggle with the question "why?" as things have been especially difficult the past few months. Some of you sent me cards after reading my previously posted blog "The paradox of Hope" and each one touched me in a very special way. Its times like that I do realize just how truly blessed i am as there is no greater treasure in Heaven or earth then that of the compassion and love of a faithful friend.

Being condemned for a crime I did not commit is itself a virtual hell few could even begin to imagine. Each day I awake to a never-ending nightmare, the reality of my circumstances so tangible that its the first thing that I'm aware of each morning. Sometimes it is all I can do to just lay there on my steel bunk and stare at the ceiling until I find the strength to rise up and begin my day. Sometimes I really don't want to get up at all.

In my recent blog I spoke of how elusive hope can become when one thing after another comes along to pound me down into the ground. When it comes down to it, I'm only human and it is only human that i will have moments, even hours and days, when I am overwhelmed and find myself asking why I bother to fight anymore when I cannot see a light at the end of the tunnel anymore. The truth is that the struggle does become more difficult each time the judicial rug gets pulled out from beneath me by a politically corrupt judicial system.

But often it is at these darkest moments that a "light" shines down upon me, renewing my strength in the most unexpected ways. Maybe the truth is that we need to reach rock bottom to keep things in context and realize that there is still something worth fighting for. Maybe this is an inherent gift we all share as I'm certainly not the only one who struggles with hopelessness and despair when our lives seem to become a prison of its own making. Spend too much time basking in the light and the light itself becomes irrelevant. It's only too easy to take everything we have for granted without even realizing that we are doing so. When it comes down to it, from the moment we are born we are all condemned to die. I've clung so desperately to this thing we call "life", yet in the end, nobody comes out alive.

So, if its not about the beginning and in the end our fate is inevitably sealed, then it has to be about the journey between that matters. I used to say that "life itself is the mortal condemnation of an eternal soul" and I still believe that. Although i struggle with the contemporary definition of "God", I remain convinced that God must exist - just not the Supreme being many use to exploit and coerce fear into others for fullfillment of their own self serving agenda. The truth is that I've grown to hold in contempt this contemporary "Christianity" that only too quickly embraces God to justify their own hate and intolerance. I cannot believe in a God that could be so malicious and petty.

All of this is relevant to the restoration of the strength necessary to sustain my hope and through that the strength to fight the fight. Its like I have been thrown down into a dark abyss and I must struggle to climb up the slippery slopes of my prison if there is any hope of surviving. At times I will slip and fall backwards, descending into the darkness of the abyss that imprisons me. But it is at these times that I realize that I'm not alone - that there are those faithful friends willing to catch me when I fall.

For that, I'm grateful beyond any words can say. In my recent struggle, I was reminded just how fortunate I am - and how much my own struggles effect those who truly do care about me. So thank you to those of you who send me cards and letters with words of encouragement and for caring enough to catch me when I fall.

Now I am climbing the walls upwards again. I do not have much faith left in our corrupt judicial system - but I do have faith in my true friends and its because of their genuine concern that I find that strenght and will to renew my never-ending battle for justice.

The truth is that with both the State and Federal courts now denying reviews of the virtual wealth of evidence substantiating my innocence, there is not much left to go on. I am already pursuing a new state appeal that is based upon the discovery of deliberately concealed state crime lab records that show that the alleged "murder weapon" introduced as evidence at my trial was deliberately fabricated by the key witness and the state attorneys office.

Unable to find any lawyer willing to assist me, I recently filed my own legal action to the United States Supreme Court, asking that they exercise jurisdiction under "exceptional circumstances" to review the evidence substantiating my innocence.

But in what is only too common in the American courts, after I sent this 46 pages habeas petition to the US Supreme Court on January 24, 2011 about a week later the clerk of the court sent it back to me, refusing to formally file this innocence appeal because of a technical imperfection. Once again the incidious true nature of the American judicial system exposes itself - its not about truth and justice, but the politics of death, and irrelevant technical imperfections are exploited as a means of denying review altogether.

The clerk of court instructed me to correct the error and submit a "corrected petition". But that's not so easily done as when the court sent the box of copies back to me, someone here at the prison went out of their way to open the "legal mail" (which is prohibited) and maliciously destroyed the entire contents. Prison warden Steven Singer says that they are now conducting a formal investigation into the illegal destruction of this legal property, but I've been around here long enough to know how these so-called "investigators" always go... No matter that the officer delivering the legal mail even wrote a formal "incident report' to cover his own butt once he saw the over 2800 pages had been deliberately destroyed, and two lieutenants also verified this - it will still come out with the typical "the allegations of destruction of your legal property by FSP staff connot be substantiated"

This is just what we must deal with. The prison only too often goes out of its way to obstruct our ability to file appeals, even deliberately destroying our legal property and if we are lucky enough to get it to the court, then the courts go out of their way to deny review upon any irrelevant imperfection. Then if we do finally get a "corrected" petition filed so that the court will review the claims of innocence, the pro death penalty politically appointed judicial activists on the court will invent reason to deny relief anyways.

And yet I will keep banging my head against that proverbial brick wall, still wondering why. But at least I know I'm blessed with true friends.

Mike Lambrix 482053
Florida State Prison

Please check out my site
www.southerninjustice.net

Monday, January 24, 2011

The Paradox of Hope.

Have you ever thought about the concept of hope? Recently, I have. Funny thing about hope is that it can sustain you through the most difficult of trials and tribulations, but at the same time its absence can cast you down into the depths of despair, even to the point of making death seem favorable.

Here on death row I’ve often said that I will hope for the best, but prepare for the worst. That sort of became my mantra of choice and for many years I found some strength in it. For those of us condemned to death our existence is like being trapped on a runaway rollercoaster on a perverted path through the bowels of hell. With each twist and turn our guts are ripped apart as with each appeal our hope is escalated - then free falls to the lowest of the depths when the courts deny relief. Yet again and again we go through it, each time desperately grasping the imaginary rails that hold us in for fear that the sudden drop at the end of the ride will irreparably crush our mental state of mind.

My own case is but a single sample of what we all go through. After over 27 years convicted and condemned to death for a crime I did not commit (see www.southerninjustice.net ) I had good reason to believe that I would finally be exonerated and released – that I would be “home” for Christmas, and my nightmare finally be brought to an end.

My hope had a seemingly strong foundation as a virtual wealth of evidence supporting my claim of innocence had been developed in recent years and I couldn’t imagine any scenario under which the courts could deny relief. But I really should have known better. After all these years, if I’ve learned nothing else, it is that the courts are far more interested in “the politics of death” than they are in the novel concept of truth and justice, and few people today can argue in good faith that our courts are only too willing to ignore evidence of innocence and execute the innocent (see previously posted blog “Screw the truth”)

So, why was I so surprised when first the Florida Supreme Court, and then, a few months later, the Federal appeals court, denied my appeal? Why is it that this time my tried and true mantra of ‘hope for the best but prepare for the worst” failed me?

Now, once again I am forced to confront the probability that I will be executed and that nobody really cares whether I’m innocent or not. I’m sure that my dear friends will be upset – but nobody in the “justice” system cares. Only too often the courts deliberately turn a blind eye to evidence of innocence as they side with the State sanctioned serial killers to trust twist the truth around to meet their own agenda of carrying out an execution by any means necessary. And regardless of the fact that we see this again, our society chooses to ignore the inconvenient truth of how immoral, unethical and corrupt the American justice system has become.

I am angry at all of this. It is fundamentally unfair and as traumatic as being the victim of a violent rape – they raped me of justice. My dictionary tells me that “hope” is “a feeling that what is wanted will happen”, desire accompanied by expectation, and that “hopeless” is defined as “having no expectations of, or showing a sign of, a favorable outcome”. In a word I recognize that I have become ‘despondent”, which my dictionary defines as “utter loss of hope…implies such despair as makes one resort to extreme measure” (i.e. suicide) Hmm..That’s a familiar word – “suicide”, and not at all uncommon in my world where our hopes are often so deliberately crushed and the condemned do resort to that “extreme measure” of suicide.

I have actually contemplated suicide before. Once when my marriage was over and again when I was first convicted of this fabricated crime of alleged “premeditated” murder. Both times I could not follow trough and now I know that suicide is not something I could do so that simply is not an available option for me.

But at the same time I now struggle with the reality that I cannot win – that no matter how compelling the evidence of my innocence may be, truth and justice can never prevail before a judicial system that itself is completely corrupt to its own core. The cowards on the courts have neither the moral character nor the political courage to do the right thing and throw out a conviction that is now over a quarter century old.

Lately I find myself thinking about philosophical arguments I read years ago, such as Plato’s account of the Athenian philosopher Socrates being condemned to death by a politically corrupt tribunal. Plato tells of how Socrates faithful friend Crito stood by Socrates side, imploring Socrates to allow them to delay his execution in the hopes that after the emotional circumstances that led to his condemnation died down, they could appeal for a pardon. But Socrates accepted his fate and told Crito that although his heart was in the right place and he understood that his friends meant well in wanting to delay his execution, but, Socrates said “I am right in not doing this, for I do not think that I should gain anything by drinking the poison a little later; I should be sparing and saving a life which is already gone; I would only laugh at myself for this”

The words Socrates spoke so long ago still ring true today. I know that many of those who oppose the death penalty - and many of us here on death row - find it offensive and even a betrayal when someone “voluntarily” waives his appeals and seeks to expedite his won execution, which for all purposes amounts to a state sanctioned form of suicide.

But what of those of us who have already been through the appeals process again and again? And have been denied relief to the point where there is no hope left of getting relief? If we were to decide that enough is enough, and accept the inevitability of our own fate and simply choose not to pursue any further appellate review, then is it really fair to judge us as cowards and traitors to the cause, such as those are labeled when they decide to forego appeals altogether and “volunteer” to be executed?

Would I really be so wrong to accept the inevitability of my own fate and invite an expedited end to this nightmare by simply refusing to forego any further appeals, knowing that with the recent denial of my innocence appeal, my fate has now been sealed and all that really remains is delaying the inevitable at the expense of prolonging my own suffering?

I do not have a “death wish”. But neither do I have any desire to prolong my misery and suffering when I now know that my execution has become inevitable. As Socrates told his friend Crito: “What do I have to gain by delaying the inevitable but to make a fool of myself?” Like Socrates, I am blessed with a small group of dear friends who would be deeply hurt by my death, and their heartfelt desire to prolong my fate is genuine – but they are not the ones who must sit in this cage while the blanket of hopelessness and despair slowly suffocates the essence of life from me.

Such is the paradox of hope. For many years hope has sustained me as I had faith in our legal system to ultimately do the right thing. My hope and fate were my strength, generously sustained by my small circle of dear friends. But now I simply cannot find even a thread of hope left to cling on to and I find myself overwhelmed by the vacuum left behind – hopelessness.

But I find myself now struggling with the thought that increasingly haunt me. Even assuming that my fate is now inevitable, if I were to accept and embrace that finality would I be betraying the friends who stood by me and suffered through all of this? My death would bring an end to my nightmare but it would also bring pain to those who care about me. Would I be betraying their own loyalty and perseverance if I were to decide to forego any further appeals and allow the state to put me to death?

There are no easy answers. Perhaps I could believe in a merciful God, I would be blessed to simply die in my sleep and never again have to wake up to tomorrow and all these problems would be so easily solved as who could blame me of I died of natural causes tonight? But the God I believe in is not a merciful God – if he was, then he would not allow those who stand in judgment in our courts to pervert justice as they do.

So, I now struggle with this and pray that my nightmare will soon end. I no longer have the strength to hope for the best, but can only accept the worst. Soon I will have to make a tough decision and even now I don’t know what it will be. But I know that I have fought a good fight against the evil tyrant that is our legal system, and I know that I am now exhausted and even broken. Hopeless is now all that remains, with the only hope now left being the hope that my nightmare will soon come to an end.

Monday, November 8, 2010

Screw the Truth – Execute the Innocent

Don’t you just hate it when inconvenient truths get in the way of killing people? Where do people get off thinking that carrying out executions has anything to do with such concepts as “truth and justice”? When it comes down to it, capital punishment is not about whether someone is guilty or actually innocent – it’s about the “politics of death” and feeding our twisted societies primitive need for vengeance. When a brutal crime occurs, we need to know someone will be held accountable and we are driven to find great satisfaction in knowing the crime has been avenged. That’s just human nature, and whether or not the person we ultimately put to death for the crime actually committed the crime really is not even relevant. The only thing that really matters is that we get our proverbial ‘pound of flesh”

In fact, we don’t even want to know that we may have executed an innocent man. Such an inconvenient truth completely undermines our fundamental need to believe in our judicial system. If we are forced to confront the truth then our own support for the death penalty makes us personally complicit in this morally and legally justified act of murder carried out in our name.

But most of us are good people of moral character and we would find it troubling that an innocent person was put to death for a crime he did not commit. We really don’t need to be weighted down by that moral baggage and so we choose to learn form the ostrich – we stick our heads in the sand and pretend it didn’t happen.

But the tragic truth is that it does happen and ignoring this truth won’t make it go away. By choosing to ignore the imperfection of our judicial system, we do become personally responsible for the execution of an innocent person. This truth can not be denied as if only more people would stand up and speak out against a system that refuses to admit its own mistakes then those we entrust to prosecute questionable cases will be forced to understand that both as individuals and as a civilized society, even the execution of one innocent person is not acceptable.

This past week, renowned bestselling author John Grisham released his latest book, entitled “The confession”. In this fictional story, Grisham writes of a 19 year old Donte Drumm, who found himself accused of the brutal murder of a local pretty young cheerleader in the small town of Slone, Texas.

Donte Drumm insisted that he is innocent – but what does innocence have to do with it? Without any real evidence, Drumm went straight to Texas death row. As the years pass, Drumm’s desperate appeals proclaiming his innocence are denied by one court after another and 8 years later Drumm finds himself facing imminent execution. Only then does the real killer have a crisis of conscience and comes forward to confess. But nobody wants to hear it. As we know only too well, prosecutors absolutely never admit they were wrong, and our courts never admit that a person might be innocent. Although innocent, Drumm never had a chance, as in our judicial system the puppet master would much rather execute an innocent person than to admit even the possibility of error.

This is not the first time Grisham wrote a bestselling book that tells the story of an innocent man being wrongly convicted and condemned to death, only to have evidence substantiating innocence deliberately ignored by the courts and the injustice intentionally perpetuated by the very people (judges and prosecutors) we trust to protect the innocent.

In John Grisham’s 2006 work, “The Innocent Man” Grisham told the true story of Ron Williamson, an aspiring high school athlete with a promising career ahead of him – until he suddenly found himself charged with capital murder in the state of Oklahoma and quickly convicted and condemned to death in spite of his innocence.

Only years later was DNA evidence discovered that not only proved Williamson was innocent but also revealed the true killer. But nobody wanted to hear it and both the prosecutor and the courts refused to admit that they could have made such a mistake. The only possible explanation was that either the DNA evidence had to be wrong, or maybe Williamson acted with this other person. To silence these claims of innocence, the state became that much more determined to expedite Williamson’s execution.

This is not at all surprising. For too long now this is how the American judicial system protects itself from having its mistakes exposed…they simply create new court rules and laws to limit post conviction appeals so that the evidence of innocence cannot be heard. By denying the wrongfully convicted any chance of proving their innocence, the errors are forever concealed.

Most recently this was the case in Texas when Cameron Todd Willingham was put to death. Willingham was convicted and condemned to death for allegedly setting fire to his own home, killing his own two young daughters. There were no eyewitnesses or confessions – but the local, small Texas town fire Marshall conducted his own investigation and concluded that the fire was deliberately set. This fire Marshall had no actual training in arson investigations, but that didn’t stop him from testifying in court that there was no question that the house was deliberately set on fire. To seal Willingham’s fate, the state brought in a prisoner from the local county jail who testified that Willingham told him that he had indeed set the house on fire to kill his two young daughters and did it to strike back at his wife after they had an argument.

Willingham insisted that he was innocent and that he didn’t know how the fire actually started. He testified that after seeing the smoke, he tried to get into the house to save his children, but couldn’t. The jury refused to believe him and court after court rejected his claim of innocence.

Shortly before Willingham was executed, some of the top arson investigators in the country were brought in to re-examine the case. Virtually every one of these experts concluded that the local fire Marshall was wrong and that the evidence showed that the fire was started by an electrical short – it was a tragic accident, and Willingham was innocent of murder as no murder occurred.

But the Texas courts didn’t want to hear it and refused to allow the evidence to be heard. Willingham was executed in 2004. Only after his execution did the evidence of his innocence catch the attention of the media, and the question of whether Texas executed an innocent man started to be taken seriously.

As the controversy build, Texas governor Perry formed a panel of experts to finally review the evidence to determine whether Willingham was innocent. This “commission on forensic science” thoroughly studied the evidence and reached the inconvenient conclusion that Willingham was innocent – that the State of Texas had deliberately put an innocent man to death.

But it was an election year and Perry was running for re-election. In Texas the death penalty is all about politics and you cannot win an election by seeming soft on convicted murderers or admitting you made a mistake. Using the power of his office, shortly before the Texas “commission on forensic science” was to public ally release its report declaring Willingham innocent, Governor Perry abruptly fired the panel and appointed his own hand picked political insiders. Once again, the inconvenient truth of innocence was suppressed by the insidious politics of death.

In John Grisham’s book “The Confession” he writes that “death row is a nightmare for serial killers and ax murderers – but for an innocent man, it’s a life of mental torture that the human spirit is not equipped to survive”

I know only too well of the eternal mental anguish of being a condemned man, convicted and sentenced to death for a crime I did not commit. In my main website, www.southerninjustice.net my supporters have posted my entire case – complete trial transcripts, appeal briefs, etc and the evidence supporting my actual innocence.

In my recently published book “To Live and Die on Death Row” by C Michael Lambrix (available online for free at www.lulu.com) I graphically detail what life is like on death row, the never ending torment of being in solitary confinement for over 27 years and the relentless struggle to maintain my sanity as one court after another refuses to even hear the wealth of evidence substantiating my innocence, see also my secondary blog, www.doinglifeondeathrow.blogspot.com.

The past month my lawyers filed a “last ditch” appeal to the United States Supreme Court arguing specifically that they must order the lower courts to allow my evidence of innocence to be heard – or I will be executed for a crime I did not commit. But will the Supreme Court even listen? I can only hope they will. You can personally read this recently filed appeal at www.supremecourtinnocenceappeal.blogspot.com

But my faith in our judicial system to protect the innocent and even in the nature of humanity in general is suffering. If I have learned nothing else over the many years, it is that too many feel “screw the truth – just execute the innocent”

Please check out my website http://www.southerninjustice.net

Thursday, January 21, 2010

Welcome in the Jungle

With over 100.000 prisoners now incarnated within the Florida Department of Corrections, there are almost 70 different prisons throughout the state. Most are not all that bad, with large open compounds where the prisoners can spend long afternoons playing sports and just “hanging out” with each other as their sentence ticks down one day at a time and they dream of the day they can go home.

Florida State Prison is the exception. All prisons in Florida are formally called “correctional institutions” and by law are intended to provide a “rehabilitative” environment where the offender can participate in various programs before being released back into society, hopefully a better man going out than when he came in. But Florida State Prison is the only institution actually formally called a “prison” in Florida – and for good reason. At “FSP” there are no rehabilitation programs and prisoners are not allowed to go out to an open compound. Rather, the prison is intended to do nothing but confine the prisoner in a solitary cell until they either die or must be released back into society.

I’ve personally been in “the system” almost 30 years now – the past 26 years on death row. Many of these years have been spent here at FSP, beginning back in the early 80’s when FSP was a different place, a prison commonly known as “the Alcatraz of the South”, and for good reason. Other then these sentenced to death, which automatically came to FSP, this was the end of the line for prisoners who, because of their propensity for violence or stupidity, could not be housed anywhere else.

Back then, most of the “wings” at FSP were “open population”, where the prisoners were allowed out of their cells to work jobs within the prison during the day, then locked in their cells at night. They had a large recreation yard where they could play sports or work out with weights.

Since FSP opened around 1959, it has always had a history of extreme violence. It was a kill or be killed environment where assaults and murders were simply part of the daily routine. Florida State Prison was also more commonly known for being home to “Old Sparky” (the electric chair) where Florida carried out its executions. The lesser known truth was that far more prisoners went out in body bags, after being killed in general population, than were executed by the state of Florida. Many of these long forgotten souls
rest in the prison’s graveyard “boot hill”, where prisoners who die in the system are laid to rest if nobody claims their bodies. Only their prison inmate number marks the grave, their own name is soon forgotten.







By the early 1990’s FSP started to drastically change. One wing at a time they eliminated “general population”, replacing the most violent offenders with mentally imbalanced inmates, where they now remain for years and even decades in solitary confinement. New housing units were built where the recreation yard used to be and it now houses minimum or medium security inmates who journey over to the “main unit” each morning to work; clean up, kitchen and maintenance jobs.

By December 1992 the Department of Corrections opened a newly constructed 332 bed unit at Union Correctional Institution (UCI) specifically as the new “death row” and within months the majority of Florida’s death row prisoners were transferred to the new unit. Only a few death row prisoners remained at FSP, those who allegedly had a history of assaulting or killing guards.

But it didn’t take long before the new death row unit filled to capacity and those originally sentenced to death row after 1992 continued to be sent to FSP where they remained until a cell became available at UCI. Equally so, death row inmates in UCI who allegedly became a "security threat" or those who created too many problems by filing many grievances or stepping on the wrong toes found themselves transferred back to FSP.

After UCI opened I was one of the first ones being transferred there. It was a new building, clean and shiny and the cells were bigger than at FSP. It was a big improvement over the deplorable living conditions at FSP where the cellblocks were infested with cockroaches, rodents – even bird and snakes. If you had to be on death row, the UCI unit wasn’t a bad place to be. To an outsider looking in, it was perhaps pure hell but for those of us living for years at FSP, it was like winning the lottery and moving into a big mansion.

But then there’s the dark side of death row. Beginning in the early 1990’s it became increasingly common for guards to target prisoners for violent assaults, especially those who dared to file grievances. In late 1996 I had to file a grievance when a book I had mailed in was taken. The Administration Sergeant (Norman G) had me brought to his office, of course handcuffed and shackled. At first Sgt G began talking to me, clearly agitated because I dared to file a grievance. That quickly escalated and suddenly without provocation he came at me and began to violently assault me. The other officers pulled him off, but not before I sustained injuries and then spent the night in the prison infirmary (hospital)

I’ve never been one to back down and so I soon filed formal complaints against Sgt G and then a Federal lawsuit. As it’s only too common within the Florida Department of Corrections (or as many newspapers have described it, the “Department of Corruptions”) after the lawsuit was filed Sgt Gemelli was promoted to a supervisory position and I soon found myself being transferred back to FSP.

In the first weeks of January 1998 I walked back into Florida State Prison and descended back down into the bowels of the beast. But FSP had radically changed since I had left in December 1992. I walked into a familiar world in which I was a stranger. Never could I have imagined that even as bad as FSP was in the past, it had become an even more brutally violent place. Only now it was not the prisoners responsible for the violence and chaos but rather the guards. I quickly found out that under Warden James Crosby the guards were allowed to violently assault prisoners and actually FSP was now run by the guards. Of course, while assaulting a prisoner they made sure the inmate was handcuffed and physically restrained, completely unable to defend himself. Not all the guards got involved with this, but each shift had its own group of guards that became the predators in this jungle. Like a pack of rabid dogs they preyed upon their victims, assaulting anyone they choose to target for whatever reason. These coward thugs had no respect for the badge of law enforcement they wore and were themselves nothing but state paid violent criminals.

Repeatedly I saw one prisoner after another pulled from his cell under pretenses such as a medical callout or cell search, only to be taken to the “quarterdeck” where other inmates could not see the actual assaults, and a few minutes later they would be brought back bruised and bleeding from the violence that had been inflicted upon them for no other reason but that these coward dogs just had to bite someone.

In June 1999 I was subjected to a “disciplinary report” for allegedly disrespecting one of these guards. Soon I found myself being moved to “X-wing” (now called Q-wing) where I was to do 30 days in lock-up (disciplinary confinement). Death row lock-up was on the third floor of X-wing and already there were several other death row prisoners housed up there, including Frank Valdez, who was sentenced to death for allegedly killing a prison guard in South Florida.

The two upper floors of X-wing (or Q-wing as it is now known) consist of 6 cells on each side for a total of 24 cells. They are used to house only the “worst of the worst” and it is in itself a level of hell beyond description and just the threat of being sent to X-wing causes even the toughest convict to shiver. Very few prisoners ever see the inside of X-wing, and of those who did many have come off X-wing in a body bag out of the back door. The bottom floor of X-wing is Florida’s execution chamber, with 6 cells for “death watch”.

On June, 4 1999 I was housed on 3-west of X-wing. Late that evening a guard came around shutting the outer cell doors of each cell. Unlike most other cells, only the cells on X-wing had both an outer solid steel cell door and an inner door made of steel bars. When this outer door is closed and locked, it completely seals the cell with only a small space at the bottom of the door where a sliver of light could come through. But if you laid down flat on the floor you could see under the door just enough to see whether anyone is congregating in the hall outside.

Generally, it was a good idea to pay attention to what was going on as when the outer doors were closed like this, that was more often than not a warning that the pack of rabid guards were planning to come in on someone – and it could be you. But this time it was not me. A few minutes after the outer door was closed I could hear a scuffling sound of boots outside my door and I watched from beneath the door as at least six sets of boots passed by. They were putting someone in one of the other cells and from the sound of it; the “welcome party” was working overtime brutally assaulting him. It is hard to describe the distinctive sound of boots repeatedly hitting flesh and the involuntary sounds of extreme pain – but for these familiar with it, you don’t soon forget.

Throughout the night these sounds continued. Never before, or since, had I heard such sounds as I heard that night. I’m sure I’m not the only one who sat silently in his cell that night as the sounds of one prisoner after another being brutally beaten filled the air, each of us not knowing what was going on – wondering if at any moment our own cell door might open and it would be our turn to suffer the fate.

Only the next day did I learn what had happened. A number of inmates at Hamilton Correctional Institution, a facility about an hour away, had gotten into a confrontation with a guard which escalated and a female officer was assaulted. Anyone who has ever done time knows that as extreme the consequences would be if you assaulted a guard, they would be a lot worse if you assaulted a female officer. Now I understood what was going on.

It didn’t take long to find out that they had moved four black inmates to X-wing the night before, all allegedly responsible for assaulting the female officer. Each of the four was then repeatedly assaulted by the guards throughout the night and that were the sounds we heard all night long.

But it wasn’t enough to extract that proverbial pound of flesh from each of the four inmates – these guards wanted revenge and they intended to get it. For several days the guards took turns assaulting each of these four and each time with extreme malice. There was no doubt in my mind it was just a matter of time before they killed them – and it wouldn’t be the first time a prisoner was brutally beaten to death by guards at FSP.

The first rule about doing time in any prison is to mind your own business. But I’ve never been one to just ignore the deliberal abuse of anyone around me. I know that I could not physically intervene to stop what was happening - but I could write letters to let people know what was going on. So I wrote a federal judge in Jacksonville and several letters to several newspapers, graphically describing what was going on, pleading with each to do something before these guards killed somebody. I was not the only one. Frank Valdez was also writing letters, hoping that someone would look into what was going on before they killed these guys.




Frank Valdez




But these brutal assaults continued, the screams of pain and misery echoing off the walls at all hours of the day and night. Some might argue that they brought it on themselves by assaulting the female officer and even I don’t think much of a man who assaults women. But nobody deserved this.

About a week later outside people started calling into the prison, asking about what was going on. Although I don’t know it for a fact, I’m pretty sure that they found out that me and Frank Valdez had written to the lawyers and media as I was suddenly moved off X-wing to an isolated cell on G-wing where I had no direct contact with other prisoners. In all the years that I had been on death row this was the first time and only time I had ever been isolated on a floor by myself, so I knew something was up.

That next day I found out that they had jumped on Frank Valdez and beat him to death. The autopsy report later documented the severity of the assault with clearly defined boot prints all over his body and almost every bone broken. Clearly they crossed the line as beating a prisoner to death would not go unnoticed. Now they had to cover their butts and as they gathered to fabricate their story of how Frank Valdez had climbed up the bars of his cell and repeatedly threw himself down onto the steel bunk – clearly a case of suicide – the guards also had to silence the few who knew what exactly was going on.

The same night, which was a Sunday, they came to my cell. As is all too common, under the pretense of conducting a cell search for contraband they handcuffed me and removed me from my cell, ordering me to walk to the front “quarterdeck” area (officers station), but as I did they suddenly pushed me into the empty shower cell at the front of the wing and as one held me from behind, the Sgt repeatedly slammed his fist into my stomach. With each blow the Sgt told me that if I told anything about what was going on on X-wing, I would go out in a body bag. And I truly did believe him.

Even though it was only a few moments, it seemed at the time that this assault went on forever. I’m not ashamed to say that I truly did believe them when they said that they would kill me if I told anything of what had happened. When I was finally led back to my cell I found all my property deliberately destroyed. I was not surprised. At the time, though, I was in extreme physical pain and I lay on my bunk staring at the ceiling. I knew better than to request medical assistance as I knew I would be attacked and beaten again.

But by the next morning I had no choice and told another Sgt that I needed to go to the clinic. The pain had not subsided and I was concerned that I might have suffered internal injuries. Reluctantly they day shift Sgt had me brought to the clinic and only then did I find out that both the Federal and State police had taken over the prison that morning after learning of Frank Valdez death.

As I sat in the holding cage at the clinic, I watched as one after another inmate with obvious physical trauma was escorted to the clinic by Federal agents. Soon I learned that the Federal and State police had done a wing by wing search of the prison, finding countless prisoners who had been assaulted by guards, then left in their cells without receiving any medical attention, including the four prisoners on X-wing who had been beaten daily and were found with broken bones and substantial injuries.

Never before had I seen Federal agents and State police take over a prison, especially a maximum security prison. By the next day pictures were taken of my own injuries – one of the pictures used on the front page of the Miami Herald in an article about the violence against prisoners at FSP.

That next night the Department of Corrections transferred those of us who had been targeted by the guards to the nearby North Florida Reception Center (NFRC) at lake Butler, where they kept us isolated from others under the pretense of “protective custody” but in truth they did this to keep us from talking to the media or anyone about what had happened. For almost two weeks I remained in an isolated cell at NFRC until my injuries were no longer so obvious and only then was I transferred to the death row unit at UCI and placed back among other prisoners.

In the flowing months the investigation into the systematic assault of prisoners at FSP resulted in the formal indictment (criminal charges) for murder against six of the guards directly involved in the attack that resulted in Valdez’s death, including Captain Thorton – one of the highest ranking officers at FSP, who, it was discovered, had personally participated in Frank Valdez murder!

Through legal council I filed a federal lawsuit against those who assaulted me as well as the FSP warden James Crosby, who had not only allowed, but had encouraged these guards to assault prisoners. Although it was discovered that during the 18 months that Crosby served as warden at FSP, there were at least 157 documented assaults upon prisoners rather than terminate his employment the governor (Jeb Bush) actually promoted James Crosby to Secretary of the entire Department of Corrections! Here Crosby remained until he was indicted in federal court for running a multi-million dollar criminal enterprise within the Florida Department of Corrections. Crosby subsequently pled guilty to the charges and is now serving an 8 year prison sentence at the Federal prison.

Although formally charged with the premeditated murder of Frank Valdez, the trial itself was a circus. The prosecutor Rod S. announced his plans to run for the State Senate – an election he knew he could not win without the support of the employees of the area’s prisons. Rod S. took the indicted guards to trial in Bradford County, a rural area with numerous prisons and it quickly became clear that he had no intention of actually convicting these guards of murdering a death row inmate. The jury then declared them “not guilty” and the guards walked free.

By late 2002 the State of Florida wanted to reach an out-of-court settlement on my pending lawsuit and I reluctantly agreed to accept a monetary settlement but only on condition that part of the settlement was that I would not be transferred back to Florida State Prison unless I was under an active death warrant and facing execution. The State agreed to that in writing and it was made part of the final federal court judgment entered in my favor.

But I should have known that the Department of Corrections remains as corrupt as the day is long, and they would not honor even a federal court judgment. Sure enough on Friday December 18, 2009 I was abruptly transferred back to Florida State Prison for no apparent reason. Already several guards, who worked also here at that time, have made a point of reminding me that they have not forgotten.. their implicit threat of retaliation was clear. Now, I can only hope to compel the Federal judge who presided over that earlier case to hold FDOC secretary McNeil in contempt of court for having me transferred back to FSP.



Part II to follow soon..