Nobody is going to execute Michael Lambrix

Law professor: “Nobody” executing Death Row inmate

by Dara Kam

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Chance Meyer, a Nova Southeastern University law professor who previously defended prisoners sentenced to death, penned an op-ed in advance of the execution of Cary Michael Lambrix, scheduled for Oct. 5.

Meyer, an instructor and adjunct professor at Nova’s Shepard Broad College of Law, contends those involved in the execution process — including Gov. Rick Scott — maintain that they are merely following state law in ordering and performing death by lethal injection.

Here’s Meyer’s take on the proces:

Nobody is going to execute Michael Lambrix

On Thursday, October 5, around 6:00 in the evening, in the lethal injection chamber at Florida State Prison in Bradford County, nobody is going to execute Michael Lambrix.

Nobody on the team of corrections officers that performs the lethal injection will be the one who executes Lambrix.

Department of Corrections procedures give each officer a discrete task in the overall process, so nobody is responsible for the end result. The tasks are “requisite,” so nobody has to choose whether to perform them. The officers’ identities are “kept strictly confidential,” so nobody has to be anybody.

The officers just follow orders from the warden. And the warden just follows orders from the Governor.

On September 1, Governor Rick Scott sent the warden a death warrant ordering Lambrix executed.

                                                     

In the warrant, Scott explained that a Florida statute “requires that I set a . . . date for execution . . . .” In other words, he didn’t choose to have Lambrix executed. Nobody did. He just followed orders from the Florida Legislature.

The Legislature passed the statute in 2013, as part of the so-called Timely Justice Act. At that time, legislators explained that their intent for the act was “that capital postconviction proceedings be conducted in accordance with court rules, and that courts strictly adhere to the timeframes . . . established therein.” In other words, the Legislature was not giving new orders. Nobody was. The Legislature was just trying to ensure that everyone would follow court orders.

A court ordered Lambrix executed, but neither the judge that issued the order nor the jurors that voted for the execution are responsible.

Lambrix was sentenced in 1984. His judge made the critical findings necessary to impose the death penalty. Since then, the U.S. Supreme Court has held that only juries, not judges, can make “the critical findings necessary to impose the death penalty.”

In 1984, his jury’s recommended sentence of death was not unanimous. Since then, the Florida Supreme Court has held that a “jury’s recommended sentence of death must be unanimous.”

So nobody made a lawful decision to execute Lambrix.

“Tumbling down the dizzying rabbit hole of untenable line drawing” is how Justice Lewis of the Florida Supreme Court describes the legal regime that permits defendants like Lambrix to be executed. Nobody understands it.

So, on Thursday, October 5, around 6:00 in the evening, in the lethal injection chamber at Florida State Prison in Bradford County, nobody is going to execute Michael Lambrix.

 https://nsfblogs.com/2017/09/22/law-professor-nobody-executing-death-row-inmate/

Florida's Southern Slave Mentality

Around the world Florida is known as a tourist attraction, with Disney World and the seemingly endless white sandy beaches and picture perfect sunsets. Each year the state of Florida spends millions of dollars to commercially produce and distribute this wholesome image of only what they want the obviously gullible tourists to see.

But for those willing to look beyond that deliberately deceptive image of that Florida they proudly show the world, those willing to scratch beneath the surface and look beyond will see the state of Florida for what it truly is...one of the last remaining bastions of the traditional "Old South", a place where the insidious traits of good-ole-boy Southern traditions remains stead-fasted maintained and arguably funded by the ignorance of the tourists that blindly flock to this glorified sandbar.

The problem with the progressive evolution of any society is that only too often it will forget it's own dark history, and even worse, it will rewrite that history and future generations will be lulled into a false sense of ignorance and as they say, when we don't learn from history we are condemned to repeat it. And when that dark history again plays itself out, either then that chorus of voices rising up to oppose it's resurrection, too many pretend that it doesn't exist, just as that proverbial elephant in the room.

I would challenge you to take a moment to reflect on those characteristics we commonly relate to as the dark days of slavery. Let there be no mistake, Florida was unquestionably a willing participant of slavery and basked in that mentality that so completely pervaded these confederate states. Although most tourists would never see the remains of this undeniable history, it does continue to exist. Even to this day all one would have to do is get off the main highways and head into the "backwoods" and it would be like stepping back in time. That "redneck" attitude continues to prevail throughout most of Florida, only now they've twisted it around to conveniently label it "southern charm", and the tourists eat it up!

But beyond the more tangible images of slavery and the South's long history of oppression of minorities, what is it that truly defines that "slave mentality"? It's not the Southern plantations, or the sugar cane fields where masses of minorities suffered as slaves while making their rich white masters that much richer. These physical images of the human deprivation and misery were the products of that slave mentality, not the cause.

Only when we tale a moment to contemplate on that mentality that allowed these atrocities to be committed do we then realize that although federal law has forced the Southern states to presumably abolish slavery and end segregation do we've really done was push this evil beneath the surface and in an out-of-sight-out-if-mind slight of hand, it really continue to exist today.

to illustrate this truth I must first confront the myth that slavery has been abolished in the United States. Although that is what America would want the rest of the world to believe, it actually is not true at all. Those actually familiar with the constitution know that although in the late nineteenth century, after years of bloody civil war in which the Northern states (union) fought the Southern states (confederate)and the North won and the United States constitutionally abolished slavery in it's most obvious and "traditional" form.

But before you believe this myth, you should take a moment to reread just what the constitution actually says. Specifically, although slavery in its most obvious form was abolished, the constitution continues to this day to allow the "forced servitude" (i.e. "slavery") of those convicted of 'high crimes and misdemeanors'. Seriously, don't believe me - just look it up!

What this means, and our courts have consistently recognized, is that anyone who has been convicted of a criminal act can be forced into slavery. For many generations after the civil war ended and slavery was supposedly abolished, when a prisoner was convicted and committed to the Florida prison system, Florida would actually sell that inmate to private parties to be used as slave labor. It was only in 1932 under Florida governor Hardee that this practice of selling prisoners as slaves was brought to an end.

But although Florida does not openly sell prisoners anymore, they do continue this practice to this day. Although Florida ranks third in he number of prisoners incarcerated in a state prison system, numerically trailing behind only California and Texas, what must be taken into account that both California and Texas have significantly larger populations than Florida.

When you apply a common sense analysis, what you quickly discover is that Florida with slightly over 18 million citizens and a prison population now exceeding 111.000 inmates, Florida now incarcerates more of its own citizens than any other state, and if Florida was its own country, Florida's rate of incarceration would easily exceed that of china, North Korea and Iran! (do the math!)

Florida's prison system is a multi-billion dollar industry in which private companies make many millions of dollars each year of the exploitation of prisoners and anyone willing to simply conduct even superficial investigations into public records documenting political campaign contributions will find that these private companies donate millions of dollars into

the election committees and individual campaigns of these bought-and-paid-for politicians...it is all documented in public records!

But scratch just a bit more beneath that image they promote and one will discover within the Florida Department of Corrections exists its very own quasi-commercial subsidiary they laughingly call PRIDE (Prison Rehabilitative Industries and Diversified Enterprises). Anyone who exercises the incentive to go online and look it up will find that under the pretense of providing "jobs" to prisoners the state of Florida itself "employs" tens of thousands of Florida prisoners across the state in factories owned and operated by "Pride". Those inmates are paid no more than a few pennies an hour - nothing more than a token wage intended to allow the state to claim they are not technically slaves.

The many products manufactured or otherwise produced by PRIDE are then sold to other state agencies and only too often then sold to companies for profit. If an inmate is assigned to work in a state owned PRIDE factory, and refuses, he or she is subjected to harsh disciplinary action and often thrown into long term solitary confinement known as "closed management" for many years. At any time the Florida prison system continuously keeps approximately ten thousand inmates in this long term solitary confinement status, until they're mentally broken and willing to work.

The slave mentality is pervasive throughout not only the prison system, but throughout the entire state of Florida. It has often been argued that the death penalty itself is an extension of that traditional slave mentality, and it is not just a coincidence that capital punishment is overwhelmingly popular in these Southern states. Virtually every former 'confederate" state continues to fanatically embrace the death penalty and executions are only too often carried out with that same rabid hysteria one would associate with the historical image of a lynch mob.

While the rest of the country has increasingly expressed its growing opposition to the death penalty, Florida's response was and is to push even harder for both newly imposed sentences of death and a record number of executions. How many people realize that the state of Florida now sentences more people to death than even the state of Texas?

Already this year alone (from January 2014 thru April 2014) Florida has executed four inmates - two were black, one was Hispanic and one was white. When a recent "botched execution" in Oklahoma (May 2014) called for a nationwide moratorium on executions until a full review of the process could be completed. Florida's response was to sign yet another death warrant on a black man, John Henry, of course it's just a coincidence that yet another black man was lynched.

The Florida death penalty process is the most visible proof of the continuation of that "slave mentality" that the Old South was known for. Irrefutable statistical evidence is readily available to prove that racism is the deciding factor in the majority of the death sentences imposed. Quite simply, if you're convicted of killing a white person in Florida, your chance your chances of being condemned to death by an all-white jury is significantly greater than if the victim was black.

But how many people are aware of the indisputable fact that Florida is the only state that allows a sentence of death to be imposed upon nothing more than a simple majority vote by the jury? Every other state that continues to practice capital punishment requires that a sentence of death can only be imposed if all 12 jurors agree that death is the appropriate punishment. Incredibly, the courts have consistently refused to address this issue despite numerous opportunities to do so.

The indisputable fact that Florida has also wrongfully convicted and condemned more innocent men and women to death than any other state, again exhibiting that indifference to basic concepts of human dignity that define that Old South slave mentality.

Considering how inherently dependent Florida is on the multi billion tourism industry it continues to amaze me that international groups committed to opposing violations of basic human rights have not organized a campaign to boycott Florida tourism. But then again, maybe I shouldn't be so surprised as Florida has succeeded in concealing these irrefutable practices and when it comes down to it, very few care enough to look beneath this image ...just ask yourself this - do you care?

Michael Lambrix #482053

Union Correctional Institution

7819 NW 228th street

Raiford, Florida 32026

Latest News from Florida’s Death Row (Sept, 2013)

Allow me to first send a warm hello to those that I am truly blessed to have as friends, who I too often neglect to express my gratitude and appreciation towards but wouldn’t want any of them to think that I take their friendship for granted. As most who read my irrelevant blog already know, things in my life have been especially difficult this summer as the courts denied my appeals and then last month the prison system tried to push through a new rule that if passed, would had effectively silenced me and all other Florida prisoners by prohibiting any and all forms of expression by way of the internet – more on that in just a minute.

It has been a long and hot summer – but what Florida summer isn’t? This time of year I am reminded just how much it means not only to me, but to all of us here on Florida’s death row to have these small electric fans. Most of you already know how unbearable a Florida summer can be – especially when you’re kept in a six foot concrete cage indefinitely, which becomes an oven during the long days of relentless summer heat and humidity.

But what some of you may not know is that for many years any form of fan was prohibited under the pretense of “security”, even a simple piece of cardboard used as a handheld fan could get you thrown into the hole. It really has nothing to do with any legitimate security concerns – it was simply yet another manifestation of the extreme malice prison officials held towards death row and their intent to have us suffer as much as they could.

From 1984 to 2006 I never had any form of fan and the only reprieve from the oppressive heat would be to sit naked on my toilet and pour water over my body to momentarily cool off. Then Randall Berg of the Florida Legal Institute agreed to represent the death row population in the Federal lawsuit arguing that the refusal to allow even so much as a small fan was “cruel and unusual”.

Only when under threat of legal action did the prison officials finally agree to allow a small electric fan, but that window of opportunity would be only open for a limited time, and at that moment of greatest urgency the completely volunteer group FDRAG (Florida Death Row Advocacy Group http://fdrag.kk5.org/#) quickly raised enough money to donate a small fan to each Florida death row prisoner, and so in 2005 Florida death row prisoners finally were allowed an electric fan. 

But donating fans to death row is only a small part of what FDRAG has so generously done to advocate humane conditions on Florida’s death row. Years ago when prison officials proposed to eliminate “contact” visits for Florida’s death row prisoners, FDRAG organized protests and the FDOC backed off, allowing us to keep our visits.

Recently, the few people who work to keep FDRAG going have struggled as support for the group has declined. So I wanted to take this moment to say how much it means to all of us here on death row to have FDRAG around, and for those of you who are not yet aware of the difference FDRAG on the quality of life for all of us here, I would ask that you check out FDRAG’s website  http://fdrag.kk5.org/# and consider to offer your support in any way you can or become a member as there is really strength in numbers and if only the membership in FDRAG would increase collectively we can all make a real difference.

Moving on, as I previously wrote in a blog in July, the pro-death penalty republican conservatives that control the Florida legislative pushed through new laws entitled The Timely Justice Act designed to significantly expedite more executions by now statutorily mandating that the Florida governor sign “death warrants” on every death sentenced prisoner who has completed his/her first round of state and federal appeals within 30 days. Under this new law at least 125 Florida death row prisoners (including myself) become immediately “death warrant eligible” as of July 1, 2013, with all 125+ executions to be scheduled within 6 months.

Numerous lawyers quickly filed a comprehensive legal challenge to this “Timely Justice Act” in the Florida Supreme court focusing primarily on the argument that the state legislature is constitutionally prohibited from passing laws mandating that another branch of government (i.e., the Governor) perform their duties in a certain manner. This legal challenge remains pending at this time with no action taken as the Florida Supreme Court has been out on their summer vacation until the last week of August.

Now that the Florida Supreme Court is back in session, we expect that the court will soon address this legal challenge. The state has responded to this challenge by claiming that the Florida Supreme Court does not have jurisdiction to entertain review of this challenge. This novel argument was specifically encouraged by Florida Supreme Court (current) chief Justice Rick Polston and Justice Charles Canady as an obvious attempt to circumvent review. Both chief Justice Polston and Justice Canady were politically appointed to the Florida Supreme Court after previously working with former Florida Governor Jeb Bush when he tried to push through the “Death Penalty Reform Act of 2000” , which attempted to adopt the Texas appeal system to Florida, but was declared unconstitutional by the Florida Supreme Court in 2000.

Now the pro-death penalty politicians have politically appointed their hand-picked death merchants to the Florida Supreme Court and chief Justice Polston and Justice Canady will use their power to push to have this new law upheld. But it will take 4 of the 7 Florida Supreme Court justices to reach any legal binding decision. There’s reason to believe that at least 4 of the current FSC justices will find that this newly passed Timely Justice Act does violate Florida’s “definition of power” laws and strike it down as unconstitutional. All we can do is wait and see..

In other news, the Florida Department of Corrections recently lost a significant federal lawsuit that had argued that the Florida DOC was violating prisoner’s constitutional right by refusing to provide an adequate “religious” diet for Jewish and Muslim prisoners who are prohibited from consuming “unclean” foods. As a result, the Florida DOC has been forced to immediately provide a “religious” diet to any Florida prisoner who declares that due to religious beliefs they cannot consume unclean foods. Not surprisingly, already many Florida prisoners (including those on death row) suddenly found “religion” and have signed up for this new “religious” diet.

To understand why such a substantial number have jumped on board, you must first understand that for many years now the Florida prison system has systematically “modified” our regular diet with the goal of cutting costs by almost completely eliminating any form of real meat, fruit or milk products. Most meats have become some form of soy protein based “meat substitute” that is virtually tasteless, and the quality of the food has become progressively worse and is generally considered to be inedible by most prisoners.

So, while the rest of us continue being fed food that not even a desperate dog would eat, those on this diet are now getting real food, prepared by an outside food vendor that is restaurant quality and includes real eggs and fruit at each breakfast and real meat (turkey cutlet, fish, chicken filets, Salisbury steak etc ) at all meals.

Although I’m tempted to get on this new diet myself, I would have to first declare myself either Muslim or Jewish, and as a matter of personal choice of religious affiliation, I cannot do that. So, I’m stuck with the garbage they feed us on the regular diet.

Last, for those of you who are not aware yet, the Florida DOC recently contracted all money deposits services to the private company JPay, so money orders cannot be sent to FDOC Tallahassee Inmate Bank anymore, but now must be sent to the Jpay address in Miami. You can find all the information you need at jpay.com, and this service also allows the convenience of electronic money deposits.  

That concludes this update on news affecting Florida death row. Again I thank all of you for your interest and continued support!

Michael Lambrix 

Florida Death Row

Please check out my site
www.southerninjustice.net

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

New Sheriff in Town

As if being thrown into solitary confinement under a sentence of death was not enough to psychologically break even the strongest of men, there are those who want to make us as miserable as possible. Like schoolyard bullies that thrive off of preying upon those they see as weak and defenseless, some warden’s do the same thing.

Last month Warden Dean Ellis and his assistant warden Brad Whitehead took over Florida State Prison – apparently FDOC secretary Kenneth Tucker decided that former FSP Warden Steven Singer was too weak. Both Ellis and Whitehead had previously risen up the ranks at FSP and are “old school”, believing that physical violence against prisoners is the only way to effectively manage prison. Both worked under former FDOC secretary James Crosby (who is still in Federal prison after being convicted of corruption) back when under Crosby prisoners at FSP were systematically assaulted and even brutally beaten to death, as is graphically documented by the Federal Courts in Frank Valdez v. James Crosby, 450 F.3d 1231 (11th Cir. 2000, as well as in my own book “To Live and Die on Death Row” by Michael Lambrix)

The first thing Warden Ellis did when taking over FSP last month was order boxes of extremely concentrated chemical agents (“pepper spray” or “gas”) intended to be used on prisoners – and he wasted no time using them. Under the pretense of compelling prisoners to have their cells “in compliance” Warden Ellis hand-picked groups of guards to go from cell to cell and upon any resistance they were instructed to use physical force. This is one of the oldest tricks in the books - by creating the pretense of the prisoner being “disorderly” they can justify the use of physical force.

Assistant Warden Whitehead holds special malice towards death row, and it was no surprise that Whitehead spent several days after coming to FSP tp go cell to cell, knit-picking the most frivolous details so that virtually every death row prisoner was found to be in “non-compliance”. Whitehead has an agenda – it’s not enough to throw a condemned man in a solitary cell for years, he wants those on death row to suffer and be miserable to inflict as much misery as possible .

It came as no surprise then when the following day Whitehead issued a document entitled “Florida State Prison Death Row Housing Unit Instructions” to every death row prisoner in FSP. (see content of this document below) In this document Whitehead has created 24 “rules” that must be meticulously complied with – any violations will result in “disciplinary action”.

Collectively these rules are intended to accomplish only one thing: to serve as a pretense of finding any death row prisoner in “non-compliance” so that Whitehead can justify taking away the very few privileges death sentenced prisoners have, like visitation and canteen privileges and use physical force against those sentenced to death.

You can email the Secretary of the Florida Department of Corrections and ask about these new rules and request copies of all incident reports and/or use of force reports, as in Florida every state agency is subject to disclosing public records.

Email: tucker.kenneth@mail.dc.state.fl.us

Florida State Prison Death Row Housing Unit Instructions

In addition to Florida Administrative Code (FAC) Chapter 33 and FDC Procedures you will be expected to comply with these instructions. Failure to comply may result in the loss/suspension of privileges and/or disciplinary action. Your acknowledgement and compliance with these instructions will be an indication of positive adjustment and a benefit to you. Should you have any questions: contact a staff member within your unit for clarification. FAC Chapter 33 and FDC Procedures are available for checkout in each unit. Items checked out must be returned on the same shift as issued. Inmates will be responsible for lost or damaged items they have checked out.

1) Inmates will follow all orders given by an employee at any given time.

2) Inmates are to conduct themselves in a quiet and orderly manner at all times. There will be no yelling or loud talking from cell to cell, out of windows to inmates or staff. Additionally there will be no talking during counts of after lights out. Inmates are not permitted to yell to staff members to gain their attention unless there is true emergency.

3) Inmates are not permitted to talk or in any way attempt to communicate with other inmates while being escorted outside of their cells. This includes, but not limited to – showers/haircut, recreation, hearings, callouts/appointments and work/education assignments.

4) Inmates are not permitted to communicate or attempt to communicate to anyone outside of the housing unit to include those times when inmates are escorted outside the unit to participate in outdoor recreation, work details or call-outs/appointments. Any form of unauthorized communication to others (staff, visitors, or inmates) outside the unit in any manner is strictly prohibited.

5) You are required to wear a Class B uniform from 8:00am – 5:00pm Monday to Friday. The class B uniform consists of a tee shirt, blue pants or personal shorts (if you currently possess them). Anytime an inmate departs their cell they are to be dressed in Class A uniform, including approved footwear, unless directed otherwise by staff.

6) Bunks will be made each morning at 8:00am, excluding weekends and holidays, with a 6 (six) inch white collar and will remain in this fashion until 5:00pm. Anytime an inmate departs his/her cell on weekends or holidays the bunk will be made before departing the cell.

7) Inmates are to remain quiet when ant staff member enters the wing. When a staff member passes by your cell, you may address staff at that time.

8) Inmates are not permitted to stand on toilets, bunks or sinks.

9) Mattresses, sheets, blankets, pillows/pillow cases and towels will not be placed on the floor at any time.

10) Inmates will perform scheduled cleaning of their cells as directed by staff and will be responsible for keeping cells clean and orderly at all times. Inmates will not write on, or in any manner deface cell walls, windows, floors, ceilings, doors/bars or any fixtures. No items are to be attached or affixed to any area within the cells. Towels and washcloths may be hung to dry on the wall hooks, provided for that purpose in each cell.

11) Inmates are not permitted to throw any trash out of their cells. Trash will be collected during scheduled cell cleaning and after the completion of each meal.

12) All state property will be returned in the same condition as when issued.

13) Inmates are not to pass any item from cell to cell or to any other inmate to include personal/or state property. The manufacture, possession or use of a rope or “fishing line” is prohibited.

14) All property will be stored in your locker or other approved storage location.
All personal property in excess of what can be kept in the locker must be disposed of according to proper regulations.

15) All inmates are to come to the cell door and receive their food tray at meal times. The trays are to remain inside the cell until collected at the completion of each meal. Food items or trays will not be passed between cells. No food items, food trays, utensils, containers or condiments (except those items purchased from the canteen) will be stored in the cells at any time. Any issue with the meal being served will be addressed to the officer supervising the feeding of the meal and not inmate orderlies.

16) Death Row inmates will be allowed to possess and use “smokeless tobacco” products. They will not be allowed to possess any other type of tobacco.

17) All inmates are required to comply with Chapter 33-602-101, FAC to include maintaining hair and fingernails as outlined. Inmates will also shower and shave three times a week (unless exempt by medical pass) Showers are limited to ten (10) minutes maximum. Clippers will be used for shaving.

18) Inmates will proceed directly to the showers from their cells and return directly to their cell upon completion unless directed otherwise. You are permitted to take the following items to the shower: clean clothing, shower slides, towel, washcloth, and hygiene products.

19) Issuance and exchange of health and comfort items will be on a predetermined schedule within each unit.

20) You are not permitted to take anything (i.e. towels, books, papers, canteen items, etc) to the outdoor recreation yards. Inmates are permitted to talk to other inmates in the outdoor recreation areas if conversation can be conducted without loud talking or yelling. Inmates participating in outdoor recreation are not permitted to talk to inmates inside the housing unit or areas outside of the recreation area. Inmates will be permitted to remove outer shirt once inside the recreation yard, but t-shirts must be worn. Shorts may be worn while on the recreation yards.

21) Inmates are required to respond to health care staff during daily rounds, sick call, and weekly mental health rounds. Prior to health care staff entering the individual housing unit an officer will announce “Health care staff is now conducting rounds” If these rounds are after 5:00pm inmates will dress in at least Class “B” uniform until health care staff departs the housing unit.

22) Inmates with medical, mental health or dental non-emergencies will notify medical staff while making daily rounds; mental health staff during weekly rounds or submit an “inmate request” DC6-236. Over the counter medication may be requested from Close Management staff as needed.

23) Cells will be inspected for damage prior to your placement. Any noted deficiency will be listed on the “Cell Inspection” DC6-221 form and you will sign the form acknowledging your agreement with the inspection. Inmates will be held accountable for any deficiencies not previously noted on the DC6-221 during routine inspections or upon release.

24) In the event it becomes necessary to evacuate the housing unit inmates will follow all directions issued by staff and move from their assigned cells to the pre-designated assembly area in a quiet and orderly manner. Inmates will not attempt to retrieve any personal property prior to departure unless directed by staff.

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.

The games they play

Those familiar with my blog articles already know that I’m a prisoner on Florida’s death row. In Florida, death sentenced prisoners spend everyday in a small concrete cell by ourselves, with minimal human contact. The only time we are allowed out of our cells is when we get a legal or social visit, or a medical callout, or supposedly we are allowed to go outside to the recreational yard for two hours twice a week. I say supposedly because more often then not death sentenced prisoners are routinely denied any opportunity to go to the rec yard for no other reason but the games the guards play to deny regular yard.

To fully explain this problem I must first tell you some of the history relevant to recreational activity for death row prisoners in Florida. Florida has a long and well documented history of being the “cesspool” of the prison system, and the abuse of prisoners by the guards is systematic. As the former Florida Department of Corrections (FDOC )Secretary (director) Walter McDonough repeatedly said in published newspaper articles, a pervasive “culture of corruptions” exists within the Florida Department of Corrections in which the guars hired to work in the prison are themselves all too often nothing less than “criminals and thugs” , hired only because their father or uncle worked for the FDOC, there is rampant abuse of prisoners, systematic misconduct and a complete absence of professionalism in which supervisory staff simply refuse to “put a leash” on guards who are out of control.

All too often, those guards who do engage in abuse of prisoners at Florida State Prison are actually rewarded with promotions and favorable shifts schedules, effectively encouraging similar misconduct among all staff.

Abuse of prisoners come in many forms, and is not always so easily seen as when a prisoner is brutally beaten to death – as was the case of Frank Valdez See, Valdez v. Crosby, 450 F.3d.1231 (11th Cr 2006) (graphically describing the assaults upon prisoners, including the murder of Frank Valdez by guards known to have a history of similar violence against prisoners at Florida State Prison)

One particular form of abuse often inflicted upon death row prisoners is the deliberate deprivation of adequate outdoor recreation. It doesn’t take a medical degree to appreciate the importance of getting sunlight. Some of you might recall the movie “Brubaker”, where a new prison warden is assigned to clean up the abuse in a southern prison and takes a trip to the unit for death row prisoners. When the warden (played by Robert Redford) goes into the unit he finds that the prisoners had not been allowed outside for years. The movie then shows the warden passing out sunglasses to the inmates and ordering their cell doors open as he personally leads them out into a rec yard. Many of the prisoners are blinded by the sunlight and can barely even stagger outside.

In Florida State Prison ever hired a warden like that, committed to basic human treatment, that scene could easily had been filmed here on Florida’s death row, where many of the men have not been allowed to go outside in many years, often denied yard time for no reason but that they dared to complain.

About 30 years ago it took federal court intervention to even compel Florida prison officials to provide minimal outdoor recreation to Florida’s death row inmates. That was done through a federal “class action” lawsuit known as Dougan v Duggan and it allowed the federal court to monitor the recreation provided. Even when the Department of Corrections entered into a settlement, agreeing to provide the prisoners a minimum of 4 hours of outdoor recreation per week, the federal court subsequently had to hold prison officials here at Florida State Prison in ‘contempt of court’ when they routinely acted in deliberate bad faith by canceling outdoor recreation on a regular base and routinely denying the death row prisoners their yard time for years at a time.

Only after prison officials were held in actual contempt of court for refusing to comply with their binding “consent decree” to provide a minimum of minimum 4 hours or outside recreation per week, did things finally get better and we started to receive regular yard time.

But then in 1996 the federal congress passed the “Prisoner Litigation Reform act” (PLRA) which passed federal laws prohibiting the Florida courts from continuing oversight of prison conditions if prison officials established they were in compliance. Not long after this Florida prison officials moved to dismiss the federal lawsuit overseeing death row recreation, claiming they were in compliance and the Federal court had no choice but to dismiss the case, relieving Florida State Prison of any further oversight.

It had been about ten years now since the “Dougan v Duggan” Federal class action lawsuit was dismissed because of the PLRA. And once again Florida State Prison is back to playing the same games that compelled Federal Court intervention back then. When it comes down to it, given the virtual absence of professionalism among staff in Florida’s prison system, the only way to compel Florida’s prison officials to follow long established law governing the basic treatment of prisoners is to have the Federal courts watch over them and hold them in contempt of court if they refuse.

About 3 months ago I was transferred back from the main death row unit of Union Correctional Institution to Florida State Prison’s secondary death row unit. Since I have been back over here at FSP, I have personally witnessed this systematic abuse of prisoners, especially by the guards assigned to work the death row yard.

Theoretically, all death row prisoners are entitled to go to the rec yard twice a week for two hours each time, for a total of (maximum) of four hours per week. But Sergeant Strong, who runs the rec yard, doesn’t think death sentenced prisoners should have any rec yard at all. Sgt Strong abuses his authority by routinely refusing prisoners their rec yard time. Not surprisingly, he has a long history of alleged abuse of prisoners and was only promoted to being the yard Sgt after inmates filed grievances that he was involved in numerous physical assaults upon these prisoners.

Myself, I like to get out to the recreation yard at least once a week even though I’m no longer able to participate in volleyball or basketball due to a military injury that left me physically disabled. But at least I can go outside for a few hours and walk around and talk to other prisoners and get some much needed sunlight.

However, in the 12 weeks that I have been back here at Florida State Prison, Sgt Strong. has only allowed me to go out to the rec yard 3 times. The first week I was here he told me point blank that he wasn’t going to pull me for rec yard because I had filed a lawsuit years ago against other guards here for physically abusing me and others. He then told me that the next time I “will go out in a box like Valdez”. Frank Valdez was the death row prisoner that was beaten to death by guards at this prison in July 1999. See Valdez v. Crosby,450 F.3d 1231 (11th Cr.2006) I’ve never been one to back down from a coward, so I wrote Sgt Strong. up for refusing my yard and threatening my life.

Of course the warden of FSP took virtually no action, even though numerous other prisoners have filed similar complaints against this sergeant. But then, we don’t expect much out of this warden as he is a “good ole boy” who has a long history of turning a blind eye to inmate abuse. This warden is part of the “culture of corruption” and he will do whatever it takes to cover for his guards even when the evidence is overwhelming.

For weeks after that Sgt Strong invented one excuse after another to deny me my rec yard time. Last week I was able to go out only because the wing Sgt put me down on the rec yard list – but again this week I was denied yard, this time because I had written up a grievance against Sgt Strong last week and so he told me I’m not going to rec because I wrote him up.

My own experience is not unique – routinely all death row prisoners are denied red yard by Sgt Strong as he deliberately abuses his power. Often we are written down as “refused yard” because Sgt Strong found some petty reason to deny yard, such as the bunk was not properly made, or the cell light was not on, or a cup was on the sink. But consistently what it really comes down to is that Sgt Strong doesn’t think death sentenced prisoners should have any rec time. And if you do complain to the warden of FSP, he will not listen – and Sgt Strong will then threaten us with physical assault and even death for writing him up.

Once again we must now file a new Federal lawsuit against the Department of Corrections, compelling the Federal court to intervene and monitor our ability to get outdoor rec time. This will now undoubtedly cost Florida taxpayers a substantial amount of money, and for what? Because the warden refuses to address a problem and take appropriate action to ensure that we are provided with adequate rec time.

I would like to ask each of you to email FDOC secretary McNeil or Warden Singer of FSP and ask them to look into the matter. Attach a copy of this blog with your email so they can read it too.

Walter McNeil FDOC Secretary email address: mcneil.walter@mail.dc.state.fl.us

Warden Singer, Florida State Prison email address: singer.steven@mail.dc.state.fl.us


Michael Lambrix
Florida Death Row

Welcome to the Jungle - part II

Recently I wrote a blog article entitled “Welcome to the Jungle” which described the environment I have recently been cast down upon. Florida State Prison has an especially brutal history as over the years it earned its reputation as the “Alcatraz of the South” This history is well documented in court records, such as Valdez v. Crosby,450 F.3d. 1231 (11th Cir. 2006). Anyone who might doubt the claims that I make should simply read that Federal Court case, which describes how gangs of prison guards systematically preyed upon prisoners with complete impunity, brutalizing prisoners for no other reason but that they could.

Countless other Federal Court cases document the history of extreme violence towards prisoners at Florida State Prison. I myself have been subjected to brutal beatings by these guards on two separate occasions. I then too the case to Federal Court, attempting to sue the guards responsible only to have the Federal Court obstruct my ability to litigate the case, forcing me to accept a “settlement” in which the state of Florida paid me substantial amounts of money to drop the case.

But the guards who assault prisoners are never held personally accountable. Any monetary award is paid by the State. Incredibly, many times guards who have histories of assaulting prisoners are promoted within the Department of Corrections, rising through the ranks until they become the supervisor and even the wardens, and then they too turn a blind eye to the guards who attack prisoners and the cycle continues.

When a prisoner complains of being assaulted will be investigated by the Department of Correction’s own “inspectors”, under the supervision of the FDOC Inspector General Paul Becker. To illustrate the truth of what I write, a person who needs to look at Paul Becker’s own career within the Florida Dept of Corrections. “Top cop” Paul Decker is responsible for appointing other FDOC employees as the lower level “investigators” or “inspectors” who then investigate individual allegations of prisoner’s assaults. But what few know is that Paul Decker himself rose through the ranks at Florida State Prison and worked directly under the FSP warden James Crosby during the years graphically illustrated in Valdez v Crosby, 450 F3d 1231 (11th Cir. 2006) and was personally the supervisor over the guards who beat countless prisoners at Florida State Prison.

This is the culture of corruption that defines the Florida Department of Corrections. As a prisoner I have watched as one Governor after another publicly promised to clean up the corruption in the Department, bringing in a Director from out of state under the pretense that an “outsider” will not be corrupted by any career alliances to others in the FDOC. But without exception, the new FDOC “secretary” (Director) will immediately appoint only those long time ‘good ole boys” from within the Dept of Corrections to positions such as Inspector General who are responsible for enforcing the law within Florida’s prison system. I have seen this same cycle repeated over and over again and have come to believe that nobody really wants to stop the epidemic of violence in prisons as the American public and elected politicians do not have the moral integrity it takes to be outraged by these actions.

My first experience in personally witnessing the violence of prison guards was in the summer of 1982 when I was incarnated at baker Correctional, a maximum security prison in the adjacent county north of Florida State Prison. The compound erupted into a free-for-all riot in which hundreds of prisoners took control of the institution. Numerous staff members were assaulted and within hours vans full of guards from surrounding prisons flooded into the parking lot and quickly organized into military formation, wearing riot gear and then marching into the compound, taking back control within a few hours. But taking back control was not enough. They wanted to avenge their fellow officers who were assaulted. It didn’t matter whether those who were singled out for retaliation actually had anything to do with the riot at all, as all that mattered was that someone – anyone – was held accountable. Throughout the evening and into the night the entire prison was terrorized by gangs of guards who randomly pulled out one prisoner after the other from their cells and brought them up to the “admin building” where they were brought handcuffed and blindfolded and forced to walk down a long hallway lined with guards, and the guards would brutally beat each prisoner as they passed by, then load them into a transport van and move them to either Florida State Prison or Union Correctional institution.

Formal complaints were filed with federal agents at the Justice Department and within a few months the guards who were responsible were indicted on federal charges, then brought to trial as “the Baker Eight”, They had a right to a jury trial (which I fully support) but nobody was surprised when the Jacksonville jury acquitted all 8 of them of all charges. A few years later I came to Florida State Prison under sentence of death. One of the first guards I saw was one of the infamous “Baker Eight”. After being acquitted of assaulting at least 20 inmates following the riot, the FDOC promoted him to Lieutenant and put him in charge of supervising other officers at Florida State Prison. This is just one of the many examples of promoting an FDOC employee with a history of assaulting prisoners. The unspoken tragedy of all this is the undeniable consequences of this culture of corruption. If the correctional officers who wear the badge of law enforcement will not respect that badge they wear, then why should any prisoner respect it?

In the many years that I have been imprisoned I have seen this cycle of violence repeat itself again and again. It is not just a coincidence that assaults upon guards and staff have significantly increased following a similar increase in reported assaults upon prisoners by guards. As long as I can remember it has been said that any angry man will hurt you - a scared man will kill you. If only these guards who participate in these acts of violence against prisoners would just stop and think about it, they’d realize that they are investing in inevitable acts of future violence against them, and other innocent people.

What I must emphasize is that it is actually only a small percentage of guards who will get involved in this violence. See, that’s the difference between a prison guard and a correctional officer. Although they both wear the same badge, they are cut of different cloth. A correctional officer is someone whose work has earned the respect of those he or she works with as well as the prisoners, as he has proven that he is a professional and possesses that measure of moral character necessary to rise above the daily grind of this zoo. But a guard will never amount to anything more than a guard, even if he is promoted up through the ranks to the highest level of the Department of Corrections, as the person is just as much a violent career criminal as those who are imprisoned.

Some might say that I’m making myself a target by speaking out against this epidemic of violence against prisoners here at Florida’s State Prison. But I am already a target and I will be as long as I remain at this prison. For me it is a matter of principle. I truly believe in what Abraham Lincoln once said: that evil can only triumph when good men choose do nothing. Each one of us has a moral obligation to speak out against any evil around us – especially when that evil only exists because of the abuse of power entrusted upon them by “we the people”, which is the system of government we live under. I do not invite violence against myself. But I will not conceal my contempt for those that do participate in these assaults – and as a matter of principle I will never remain silent when a prisoner is being abused around me.

America has taken it upon itself to be the model of basic human rights. But increasingly we are being exposed internationally as the arrogant hypocrites that we are, and all because of a very small number of morally corrupt individuals who give the rest of us a bad name. But in truth it is those at the highest level of our state and federal government that are ultimately responsible for compromising the perception of our moral values as a nation if conscience. When those empowered under the color of state are free to abuse that power with complete impunity then the malignancy of corruption becomes absolutely inevitable.

The time is long overdue for those in power to systematically weed out these few guards who are responsible for the vast majority of assaults against prisoners. I know that there are many correctional officers within the Florida Department of Corrections who feel as I do and would gladly be rid of those guards that give them all a bad name. But as long as these guards with a known history of violence are being promoted rather than prosecuted, this cycle of violence will never stop.

Michael Lambrix
Death Row Florida